CONTENT OF NUMBER AND SUMMARIES OF ARTICLES
EURASIAN LAW JOURNAL №4(191)2024
![4 номер 2024 года журнала](/images/2024/540_04_191_2024.jpg)
PERSONA GRATA
G. V. Kukhtin:
BRICS countries: development strategies and mechanisms of interaction and cooperation
Interview with the co-founder, Co-Chairman of the International Public Movement “Russian Peace Service”, Vice-President of the Fund for Assistance in the Development of the Middle East “Euro-Asian Integration and Cooperation” (Fund “EurAsis”), member of the “Friendship Society with Austria” Kukhtin Gennadiy Vitaljevich.
INTERNATIONAL LAW
Alieva M. N., Gasanova E. V.
Legal regulation of the protection of cultural property in international law
Klyachin V. M.
International legal features of protection of nuclear power facilities from threats of political extremism
Sofjina O. A., Mishalchenko M. Yu.
International and public legal aspects of ensuring national security of the use of the Northern Sea Route
Shuvanov S. A.
Anti-government rebellion in Angola in 1992 – the role of the Russian Embassy
Farkhutdinov I. Z.
Who was the patriarch of international law: Alberico Gentili or Hugo Grotius?
Battalova E. I.
Cooperation between the Russian Federation and the United Arab Emirates in the scientific and educational sphere
Maksenov I. R.
International legal issues of floating nuclear power plants in the context of achieving the SDGs 7
Onasenko A. A.
The legal nature of unilateral restrictive measures
Shvetsov V. V.
To the question of the legal status of illegal children in the Russian Empire (historical and legal analysis)
Bagezuoer Dierbai
Single economic space of China and Russia on the principles of socialization and polycentrism
Wang Yuhui, Yamalova E. N.
Comparative analysis of public administration systems in China and Russia
EUROPEAN LAW
Chernobaev S. V.
Analysis of EU judicial practice on competition law in the context of Article 102 TFEU
THEORY OF STATE AND LAW
Artemjeva I. V., Karev D. A.
Investment policy as a method of government regulation
Arkhipkin I. V.
The institution of necessary defense as a factor of humanization of legal responsibility
Varmund V. V.
The concept and structure of legal personality in the theory of law
Demidov A. V., Dushkina E. V.
The meaning and understanding of law in the concept of the rule of law
Korobova A. P., Leontjev A. V.
On trends in legal policy research in soviet legal science
Mokhov A. A., Markina A. Yu.
Factors of mental security under globalization
Nikitina V. S., Arkhipova A. K., Khasieva Kh. L.
Women’s rights in Islam in the context of the principle of equality
Furman T. G.
The destructive role of the media and popular culture in politics and law
Furman F. P.
Mediation in law: features of law enforcement practice in the Russian Federation
Aloev K. V.
Approaches to the definition of the concepts of «devolution» and «regionalization»: theoretical and comparative legal research
Kuznetsov A. A.
The nature of private property right: is it natural?
Nikishin V. A.
Sanction for violation on technical and legal norms in the Russian legal system
HISTORY OF STATE AND LAW
Akhtamyanov R. R., Nikitin K. I., Milyutin R. V.
The history of the development of correctional institutions (penitentiary institutions) in different periods and epochs of the history of Russia
Balagyra O.B., Kiyan M. S., Khutko T. V.
The practice of legal regulation of state-confessional relations in the Russian Empire at the end of the XVIII-XIX centuries
Gabdrakhmanov F.V.
Reporting in the Soviet Prosecutor’s Office in the early years of its activity (1922-1925)
Epifanov A. E.
On the problem of child trafficking in historical retrospect
Titov V. Yu.
Discussions on the right of social protest in Soviet legislation, through the prism of personality in archival collections of Russia (the Soviet period)
Fantrov P. P., Dubrovina A. N.
Legal bases of contractual regulation of property relations between spouses in historical retrospect
Furman T. G.
Norman theory in politics and law
Ivanchenko S. V.
Principles of independence and appointability of judges in the office of podesta in Italy of the XI-XIV centuries
Ivanov A. A., Karev D. A.
About the genesis of law in the works of S. S. Alekseev
CONSTITUTION LAW
Alieva Z. I., Alieva L. F.
The evolution of the institution of citizenship in Russia (general characteristics)
Ismailova P. A.
Public censure as a measure of influence (punishment) and prevention in ordinary and public law, problems of correlation
Rudakova O. N.
The development of the ideas of natural law in the works of Russian jurists of the late XIX – early XX century
ADMINISTRATIVE LAW
Belyakovich E. V.
On the extension of the administrative procedure term
Vlasova E. L., Dobrov A. N.
The emergence and development of the principle of presumption of innocence
Evseev K. N.
Retrospective analysis of evolution of powers of customs authorities of the Russian Federation related to application of administrative responsibility for the currency violations identified during the currency control
Kovalevskaya O. Yu.
Legal framework and principles of applying information technologies in courts
Saidov G. Z.
Features of legal support for information security of minors on the Internet using the example of Russia and the EU
Farikova E. A.
Administrative responsibility of arbitration managers
Yuneva V. A.
The legal basis for the interaction of the member States of the Eurasian Economic Union in the implementation of legal assistance in cases of administrative offenses
Alexandrov G. D.
The legal basis for regulating the interaction of the city of Moscow and other subjects of the Russian Federation
Vlasova E. L., Dobrov A. N.
The emergence and development of the principle of presumption of innocence
Stepanyan S. A.
Mastering the measures of securing transparency and openness of the electoral process in the Russian Federation in the context of the digitalization of the elections
CIVIL LAW
Dadayan E. V.
To the question of the good faith in entrepreneurship managing of apartment buildings
Deltsova N. V., Storozhenko O. M.
Legal aspects of the formation of the authorized capital of a business company by intellectual rights
Zavertyaev A. A.
Practice of application of legislation on digital financial assets and digital currency in the Russian Federation: analysis of court decisions
Zubkova M. N.
Mandatory legal ways of disposing of the exclusive right to a trademark
Koshelyuk B. E., Kornilov A. R.
Main entrepreneurial risks of business and their expert assessment in the execution of a goods supply agreement
Storozheva A. N.
Legal regulation of the rights and obligations of members of the SNT: Russian and Belarusian experience
Telnov A.V.
Features of the legal regulation by German legislation of public relations in the field of protection against defamation of the reputation of Germany, as well as bodies and persons acting on behalf of and in the interests of the German state
Yastremskiy I. A.
The procedure for resolving disputes between the plastic surgery clinic and the patient
Absalyamova V. G.
Genetic data and privacy issues: a comparative legal analysis
Vracheva Yu. S.
Judicial installments in bankruptcy cases
Idilov A. I.
Prerequisites for the digital transformation of the assistant judge institute in Russia
Savrukhin N. S.
Convertible loan agreement as an option for venture investments in Russia
Tokarev A. M.
Legal regulation of deepfake technologies in the Russian Federation
Jiang Dan, Zhang Jianwen, Wang Xia
Research on the impact of Russian migration policy on Chinese-Russian cross-border families
Shakhidzhanov A. A.
Issues of documentary registration of forwarding activities
Cherkasov A. Yu.
Legal nature and current problems of the mechanism for redomiciliation of foreign companies to special administrative regions (SAR)
Yastremskiy I. A.
Responsibility of the plastic surgery clinic for improper fulfillment of contractual obligations to the patient
Absalyamova V. G.
Doctrinal foundations and precedent regulation of genetic information: a comparative analysis
Dich R. A.
The registry model of executive documents as a tool for improving the efficiency of enforcement proceedings
Nemaya S. Yu.
Problematic issues of concluding an intercreditor agreement
Tvorun K. I.
Attempt to establish and regulate the “right to oblivion” in domestic legislation as a separate category
Cherkasov A. Yu., Mikhaylova V. D.
Economic and legal view on the procedure for forming share prices using the example of oil and gas companies
CIVIL PROCESS
Ageeva G. E., Belozerov M. E., Timets V. Yu.
Construct of «unfriendly element» within the framework of access of a foreign person to information about a Russian corporate organization
Akhmetzyanova G. N., Salakhova G. I.
Legal representation in civil proceedings
Parfirjev D. N., Dubinina A. S., Uldanova A. I.
Free legal aid at the present stage of development of civil proceedings
Savenkov A. A., Morozova S. Yu.
Pre-trial disclosure in England civil procedure
Fantrov P. P., Dubrovina A. N.
Alternative procedures for the resolution of disputes arising between the subjects of a prenuptial agreement
Ziyatdinova A. A.
The content and form of electronic evidence
Larin V. R.
On the concept of abuse of procedural rights in the civil process
Mukoseev I. V.
Determination of the limits of judicial discretion in the analogy of law in civil proceedings
Muslimova J. G.
Features of evaluation of digital evidence in civil proceedings
FAMILY LAW
Maximov V. A., Drobov D. E.
Unification of family law: myth or reality?
LABOUR LAW
Aliev A. Sh.
Features of the implementation of social programs for young families
LAND LAW
De E. P., Nazarova A. M., Lyashko Yu. O., Provatkina V. E.
Main problems of application of land legislation on the legal regime of specially protected natural territories
Kamyshnikova T. S., Krushinova M. Yu., Aleshin M. V., Akhmetshina A. R.
Land and property complex as a basic element of land and property relations
Provatkina V. E., Voloshina T. V., Korkin M. S., De E. P.
The problem of inappropriate use of agricultural land in the Russian Federation
FINANCIAL LAW
Andrievskiy K. V., Shestov S. N.
On the issue of transformation of the system of currency regulation and control in the Russian Federation
Titova S. I.
Bankruptcy of individuals: problems of judicial and arbitration practice
CORPORATE LAW
Kasharov Z. A.
On the issue of the independence of corporate bodies.
ENTREPRENEURIAL LAW
Abdullin D. T.
Legal aspects of ensuring consumer data privacy in merger control
Veprinskiy D. V.
Endowment funds in the system of income-generating activities of healthcare institutions: organizational and legal aspect
Medentseva E. V., Kudryashov M. A.
Liability for breach of obligations in business activities
Moshkin I. A.
Theoretical and legal justification for legislatively establishing the status of the owner of an aggregator of information about goods (services)
Veprinskiy D. V.
Budgetary institutions of the healthcare system as a subject of state entrepreneurship
CRIMINAL LAW
Bashirina E. N., Kazantsev I. S., Rakhimov D. R.
The institute of guilt in Russian criminal law
Illo D. A., Medvedeva A. A., Kosarev S. Yu., Tretyakov I. L.
Some questions of qualification of an attack on the life of a state or public figure under Art. 277 of the Criminal Code of the Russian Federation
Kalandarishvili H. A., Pryakhina K. O., Ibragimova A. A.
Analysis of approaches to determining the determinants of white-collar crime
Kirikova M. V.
Public environment and public place as signs of the objective side of hooliganism
Kornakova S. V., Chigrina E. V.
On the issue of crimes committed in the monetary sphere
Kurginyants N. V., Fomichev I. A., Fatkullin R. R.
Responsibility for extremist crimes in modern domestic legislation and in the law of foreign countries
Kurkina Yu. A.
Category of the victim in intentional bankruptcy
Manna Ammar Abdul Karim
Institute of crime and punishment in Muslim criminal law
Milova I. E., Khachatryan R. E.
Some issues of fraud qualification in the insurance sector
Postnikov M. M.
On the issue of lifting the moratorium on the death penalty for crimes of a terrorist and extremist nature
Ravnyushkin A. V., Torgersen A. S., Barkov E. N., Shestakova N. N.
Features of the application of punishments not related to isolation from society
Romanova N. L., Kalandarishvili H. A.
Analysis of novelties of the criminal law in the field of state security
Stupina S. A., Litvinov R. V.
On some issues of criminal liability for activities against the security of the Russian Federation
Usov E. G., Belozertsev S. M., Volkov P. A.
Features of Muslim criminal law
Cheremnova N. A.
Features of the qualification of personal harassment for selfish reasons
Konnov R. A.
New types of encroachments on the foundations of the constitutional order? Trends and novelties of modern criminal law policy of the Russian Federation
Blazhkova T. O.
On the importance of recognizing compensation for physical and mental harm from violent crimes
Tailova A. G., Mustafaev Z. S., Abakarova B. G.
Features of criminal liability for evasion of taxes on inherited property under German law
Konnov R. A.
General criminal law characteristics of crimes that infringe on the foundations of the constitutional system of the Russian Federation
Fyodorov E. A.
Crimes against justice: problems of the system
CRIMINAL PROCESS
Gauzhaeva V. A., Vdovin A. S.
General tactical provisions for investigating crimes committed by organized criminal groups
Gonnov R. V.
The significance and features of the implementation of operational investigative activities
Ermakov A. A., Azarkhin A. V.
A turn for the worse as a problem of reviewing cases related to non-fulfillment of the terms and obligations of the pre-trial cooperation agreement
Medvedeva I. N.
On the issue of organizing the selection of staff in the penitential services of some foreign countries
Melikova I. M., Sefikurbanov K. S.
To the question of the notion of the judicial investigation as a stage of the judicial proceedings
Milova I. E., Prytkova Ya. V.
Conclusion and testimony of a specialist, their evidentiary value in Russian criminal proceedings
Rabadanov R. R., Begova D. Ya.
Actual problems of the court’s election of a preventive measure in the form of detention
Tingaeva I. V., Imaeva Yu. B.
The activities of the investigator to comply with procedural guarantees of the suspect
Danilov G. A., Azarkhin A. V.
Legal responsibility of a forensic expert: issues of theory and practice
Berezina T. E., Kurlyshev A. O.
Admissibility of subpoenas for questioning through the use of instant messengers
Samsonov P. A.
Remote production of an investigative actions with the participation of the accused located outside the Russian Federation
Sologub V. A.
Current problems of legislation and practice of applying compulsory medical measures
CRIMINAL-EXECUTIVE LAW
Stupina S. A., Postnikov M. M.
Prevention of the commission of new crimes by persons convicted of extremist crimes
Ustinov A. N., Yakimova E. M.
Problems of organization of examination and re-examination of disabled convicts in correctional institutions
CRIMINALISTICS
Arkhipova A. N., Turkova V. N.
On the possibility of taking into account the characteristics of the voice of the suspect (accused) in the process of his identification
Dolgushina L. V., Stupina S. A.
Criminalistic characteristics of illegal arms trafficking from the perspective of criminalistic provision of compensation to the victim of harm caused by a source of increased danger
Krymov V. A., Kustov A. M., Selyuzhitskaya G. M.
On the issue of the content of the methodology for investigating frauds committed against the elderly
Lonshchakova A. R.
Separate problems of criminalistic provision of crime prevention
Maltseva S. N., Suleymanov T. A.
The initial stage of the investigation of fraud in the field of IT technologies
Ponomarev V. E.
Sources of electronic (digital) information
Svetlichny A. A.
Deterministic foundations of the formation of a unified interscientific terminological space of criminal law sciences
Khasnutdinov R. R., Meshcheryakova T. V., Kuleshov N. S.
On the issue of the specifics of the production of verbal investigative actions in the investigation of mediation in bribery
Ushchekin S. N.
Typology of personality of victims of theft committed using electronic means of payment
Kamalov M. R.
Identification of persons who committed thefts at retail enterprises
CRIMINOLOGY
Minkova E. A.
Legal framework for anti-corruption in public administration
Nekrasov A. P.
Theoretical and legal analysis and opposition to criminal acts that undermine the constitutional and state system of the Russian Federation: doctrine, politics, social phenomenon, ways of overcoming
Popov A. N., Lazarev V. Yu., Buzhskiy A. A., Ivanov S. I.
Victimological characteristics of victims of telephone fraud
Svinarev S. V., Astakhov I. P.
The concept and features of cybersecurity as an object of administrative and legal protection
Stramilov S. Yu.
Alcoholization of the population as a cause of murders in the sphere of family and household
Tailova A. G., Nasimov U. S., Abakarova B. G.
Causes and conditions that give rise to mercenary and self-serving violent crime in the territory of Dagestan
Boroev A. V.
Extremist motive for committing murder during a special military operation in Ukraine
LAW ENFORCEMENT AGENCIES
Abaev N. B.
Issues of the functionality of administrative activities of the police
Vyshtikalyuk V. F., Muzafin R. R., Kopylov I. A.
Ways to improve the shooting training of Interior Ministry employees
Dudin N. S., Nasyrov R. R., Nenashev L. N.
Features of ensuring the personal safety of law enforcement officers
Kanokova L. Yu., Kalinin S. V.
Features of educational work and types of education of employees of internal affairs bodies
Kogan O. S., Lifanova M. V., Kornelyuk O. V.
Some aspects of law enforcement personnel training in modern Russia
Mingulov I. R., Napalkov Yu. A., Egoshin D. I., Kachulina I. V.
The use of innovative technologies for the formation of the personality of cadets and students in the educational process in the discipline of physical training in educational organizations of the Ministry of Internal Affairs of Russia
Urusov Z. Kh.
Use of modern information technology in police administrative activities
Yablonskiy K. A., Chenchikovskiy A. D., Shanko V. V.
On the issue of public administration of reforming internal affairs bodies
PROSECUTOR’S SUPERVISION
Yakovlev N. M., Ivanov S. M.
Prosecutor’s supervision over the implementation of anti-corruption legislation
SECURITY AND LAW
Poziy V. S.
Why is a new law «on forensic activities» needed? (Part 2)
Revina S. N., Gorbunova A. A., Dvoryanchikov V. M.
Information security in the context of digitalization of customs authorities
Silantjeva V. A.
On the issue of the concept of “diaspora”: application in Russian legislation
Khalitov O. F., Marchenko K. S., Samikov A. Z.
Organizational and tactical features of conducting fire training classes in units to ensure the safety of persons subject to state protection
PEDAGOGY AND LAW
Zorina N. S.
Problems of adaptation of juvenile convicts in conditions of an educational colony
Ishmaev D. F., Shapochanskiy V. N., Kotelnikov N. S.
Actual problems of fire training of cadets and students of educational organizations of the Ministry of Internal Affairs of Russia
Kanukoev A. M., Kodzokov A. Kh.
Physical training is an important component of the professional development of students of educational organizations of the Ministry of Internal Affairs of Russia
Kim V. O., Ivanchenko E. S., Shevchenko A. R.
Physical training of units to ensure the safety of persons subject to state protection: essence, goals, tasks, main concepts
Kurochkin A. S., Taranin M. A., Kadymov A. A., Murashko A. V.
Innovative educational technologies used in universities of the Ministry of Internal Affairs of Russia
Tarasova A. I., Pozdnyakova K. A., Shanenkova M. M.
The emergence and development of pedagogical technologies in the educational process
Timofeenko V. A., Serdyukova Yu. A., Samoylova I. N.
Strategies for re-socialization of minors who committed offense
Tkhagalegov A. A.
Modern problems of physical training of police officers
Tkhazeplov R. L., Bittirov R. M.
The philosophical and legal aspect of the influence of the principles of physical culture and sports on the level of personal development of a person and society as a whole
Tsarkova E. G., Zorina N. S.
The influence of socially negative properties of the family on juvenile delinquency
Phan Mi Lan
Chat GPT’s application in teaching and learning Chinese in Vietnam people’s police schools – opportunities and challenges
Kodzokov A. Kh., Kanukoev A. M.
Aspects of general and special physical training of students of educational organizations of the Ministry of Internal Affairs of Russia
PSYCHOLOGY AND LAW
Karavaev A. A., Galyautdinov R. F., Merkulova V. A., Ivanov S. I.
Features of psychological impact in the activities of a police officer
Pugachev A. V., Musafin R. R., Boloban M. L., Kosovskiy V. B.
Types of communication barriers in the activities of police officers and ways to overcome them
Khorolskiy V. V., Shagieva G. R., Strizhenov A. V., Vafin V. V.
Strategies for resolving conflict situations in the activities of police officers
STATE AND LAW
Gareev E. S., Ulanov A. A., Bondarenko A. V., Lukiyanov M. Yu.
The state of the future: topical problems of socio-economic and political-legal development
Donskoy O. O.
Public legal regulation of the protection of commercially significant information in the UK chemical industry
POLICY AND LAW
Do Dieu Huong
Applying CIPO model in training management in criminal investigation at police academies and universities
SOCIOLOGY AND LAW
Asanaliev U. A., Bredikhin A. V.
The role of the SCO for the EAEU countries in the modern period
ECONOMY. LAW. SOCIETY
Vildanov R. R., Shalagina S. V., Khasanova A. G.
Information policy and regulation of the internet in the People’s Republic of China
Gordienko V. V., Gladkov D. V., Mikhaylov S. N.
Sustainable socio-economic development and environmental guidelines
Kutenev S. N.
The role of industrial enterprises in ensuring sustainable development of the region
Mukhamadieva E. F., Sultakaev A. R., Galimullina N. A., Galimullina S. R.
Diagnostics of the impact of tax risks on the economic security of the Republic of Bashkortostan
Weng Jinglong, Ravochkin N. N.
HR strategies in digital business
Danilovskiy V. A.
The management of projects based on cloud technologies in small businesses: prospects and problems
Li Yuxi, SHkolik O. A.
Comparative analysis of control systems in various technological and technical systems
Ma Zongkai
New perspectives on the use of blockchain technology in finance: a content analysis
Cui Lyuke, Ryabkova G. V.
Computer networks in economics
Yang Jie
Features of the use of cryptocurrencies within the framework of economic security of the country
PHILOSOPHY. LAW. SOCIETY
Bikmetov E. Yu., Pushkareva M. A., Khramova K. V.
Development of the idea of humanity in political relations
Vinogradova N. V., Tukaeva R. A.
Moral philosophy V. S. Solovyov as a value guidance of modern society
Galimova L. R., Salikhov G. G.
The action approach activity of the subject as a resource of his reproduction
Gofman A. A., Timoschuk A. S.
«We surrendered Belgrade, we got Belgorod» or a new sincerity in political communication
Gruzdev А. А., Makarchuk I. Yu.
Social and philosophical views of I. S. Glazunov
Ikhsanov A. U.
Ethnic aspect of globalization: mythology, ideology and politics
Zubkov S. A., Tyurina A. Yu.
The sacralization of Fuji as a manifestation of ecophilic philosophy in Japan
Kochesokov R. Kh., Mairova M. Z.
Politically incorrect methods of promoting the political correctness in the West
Lukmanova R. A., Shaykhutdinova I. I.
Information tools for promoting positive attitudes towards charitable activities and mentoring
Lukyanov G. I., Baklanov I. S., Baklanova O. A., Osadchiy A. A.
Features of the problematization and genesis of ideas about the phenomenon of sociality in socio-philosophical knowledge
Sasin M. V., Mineev V. V.
Philosophical and ethical aspects of the responsibility of a scientist and teacher
Khokhlova O. M., Dmitrieva L. Yu.
Strategic consent in modern Russian society
Galimova L. R., Salikhov G. G.
Social comparison as a mechanism for the formation of life`s strategies of a subject in the process of its reproduction
Pecherina E. A.
Value conflict of Christianity and Paganity
Shakhmamedov K. A.
Differences between Islamic and materialist views of the family, by the example of the teachings of K. Marx and F. Engels
Yagudin F. T.
Socio-cultural factors of cognitive dissonance in the subject of cognition
Ismailov N. O.
Social justice as a right of free activity
Madzhuga A. G., Khaydarova M. L., Rakhmatullina Sh. M., Samolovov N. A.
Professional self-determination of a person: the essence, mechanisms and empirical indicators
PRESENTATION AT THE CONFERENCE
Matskevich I. M.
Dissertation research on issues of prosecutorial activity and not only
G. V. Kukhtin:
BRICS countries: development strategies and mechanisms of interaction and cooperation
Interview with the co-founder, Co-Chairman of the International Public Movement “Russian Peace Service”, Vice-President of the Fund for Assistance in the Development of the Middle East “Euro-Asian Integration and Cooperation” (Fund “EurAsis”), member of the “Friendship Society with Austria” Kukhtin Gennadiy Vitaljevich.
INTERNATIONAL LAW
Alieva M. N., Gasanova E. V.
Legal regulation of the protection of cultural property in international law
Klyachin V. M.
International legal features of protection of nuclear power facilities from threats of political extremism
Sofjina O. A., Mishalchenko M. Yu.
International and public legal aspects of ensuring national security of the use of the Northern Sea Route
Shuvanov S. A.
Anti-government rebellion in Angola in 1992 – the role of the Russian Embassy
Farkhutdinov I. Z.
Who was the patriarch of international law: Alberico Gentili or Hugo Grotius?
Battalova E. I.
Cooperation between the Russian Federation and the United Arab Emirates in the scientific and educational sphere
Maksenov I. R.
International legal issues of floating nuclear power plants in the context of achieving the SDGs 7
Onasenko A. A.
The legal nature of unilateral restrictive measures
Shvetsov V. V.
To the question of the legal status of illegal children in the Russian Empire (historical and legal analysis)
Bagezuoer Dierbai
Single economic space of China and Russia on the principles of socialization and polycentrism
Wang Yuhui, Yamalova E. N.
Comparative analysis of public administration systems in China and Russia
EUROPEAN LAW
Chernobaev S. V.
Analysis of EU judicial practice on competition law in the context of Article 102 TFEU
THEORY OF STATE AND LAW
Artemjeva I. V., Karev D. A.
Investment policy as a method of government regulation
Arkhipkin I. V.
The institution of necessary defense as a factor of humanization of legal responsibility
Varmund V. V.
The concept and structure of legal personality in the theory of law
Demidov A. V., Dushkina E. V.
The meaning and understanding of law in the concept of the rule of law
Korobova A. P., Leontjev A. V.
On trends in legal policy research in soviet legal science
Mokhov A. A., Markina A. Yu.
Factors of mental security under globalization
Nikitina V. S., Arkhipova A. K., Khasieva Kh. L.
Women’s rights in Islam in the context of the principle of equality
Furman T. G.
The destructive role of the media and popular culture in politics and law
Furman F. P.
Mediation in law: features of law enforcement practice in the Russian Federation
Aloev K. V.
Approaches to the definition of the concepts of «devolution» and «regionalization»: theoretical and comparative legal research
Kuznetsov A. A.
The nature of private property right: is it natural?
Nikishin V. A.
Sanction for violation on technical and legal norms in the Russian legal system
HISTORY OF STATE AND LAW
Akhtamyanov R. R., Nikitin K. I., Milyutin R. V.
The history of the development of correctional institutions (penitentiary institutions) in different periods and epochs of the history of Russia
Balagyra O.B., Kiyan M. S., Khutko T. V.
The practice of legal regulation of state-confessional relations in the Russian Empire at the end of the XVIII-XIX centuries
Gabdrakhmanov F.V.
Reporting in the Soviet Prosecutor’s Office in the early years of its activity (1922-1925)
Epifanov A. E.
On the problem of child trafficking in historical retrospect
Titov V. Yu.
Discussions on the right of social protest in Soviet legislation, through the prism of personality in archival collections of Russia (the Soviet period)
Fantrov P. P., Dubrovina A. N.
Legal bases of contractual regulation of property relations between spouses in historical retrospect
Furman T. G.
Norman theory in politics and law
Ivanchenko S. V.
Principles of independence and appointability of judges in the office of podesta in Italy of the XI-XIV centuries
Ivanov A. A., Karev D. A.
About the genesis of law in the works of S. S. Alekseev
CONSTITUTION LAW
Alieva Z. I., Alieva L. F.
The evolution of the institution of citizenship in Russia (general characteristics)
Ismailova P. A.
Public censure as a measure of influence (punishment) and prevention in ordinary and public law, problems of correlation
Rudakova O. N.
The development of the ideas of natural law in the works of Russian jurists of the late XIX – early XX century
ADMINISTRATIVE LAW
Belyakovich E. V.
On the extension of the administrative procedure term
Vlasova E. L., Dobrov A. N.
The emergence and development of the principle of presumption of innocence
Evseev K. N.
Retrospective analysis of evolution of powers of customs authorities of the Russian Federation related to application of administrative responsibility for the currency violations identified during the currency control
Kovalevskaya O. Yu.
Legal framework and principles of applying information technologies in courts
Saidov G. Z.
Features of legal support for information security of minors on the Internet using the example of Russia and the EU
Farikova E. A.
Administrative responsibility of arbitration managers
Yuneva V. A.
The legal basis for the interaction of the member States of the Eurasian Economic Union in the implementation of legal assistance in cases of administrative offenses
Alexandrov G. D.
The legal basis for regulating the interaction of the city of Moscow and other subjects of the Russian Federation
Vlasova E. L., Dobrov A. N.
The emergence and development of the principle of presumption of innocence
Stepanyan S. A.
Mastering the measures of securing transparency and openness of the electoral process in the Russian Federation in the context of the digitalization of the elections
CIVIL LAW
Dadayan E. V.
To the question of the good faith in entrepreneurship managing of apartment buildings
Deltsova N. V., Storozhenko O. M.
Legal aspects of the formation of the authorized capital of a business company by intellectual rights
Zavertyaev A. A.
Practice of application of legislation on digital financial assets and digital currency in the Russian Federation: analysis of court decisions
Zubkova M. N.
Mandatory legal ways of disposing of the exclusive right to a trademark
Koshelyuk B. E., Kornilov A. R.
Main entrepreneurial risks of business and their expert assessment in the execution of a goods supply agreement
Storozheva A. N.
Legal regulation of the rights and obligations of members of the SNT: Russian and Belarusian experience
Telnov A.V.
Features of the legal regulation by German legislation of public relations in the field of protection against defamation of the reputation of Germany, as well as bodies and persons acting on behalf of and in the interests of the German state
Yastremskiy I. A.
The procedure for resolving disputes between the plastic surgery clinic and the patient
Absalyamova V. G.
Genetic data and privacy issues: a comparative legal analysis
Vracheva Yu. S.
Judicial installments in bankruptcy cases
Idilov A. I.
Prerequisites for the digital transformation of the assistant judge institute in Russia
Savrukhin N. S.
Convertible loan agreement as an option for venture investments in Russia
Tokarev A. M.
Legal regulation of deepfake technologies in the Russian Federation
Jiang Dan, Zhang Jianwen, Wang Xia
Research on the impact of Russian migration policy on Chinese-Russian cross-border families
Shakhidzhanov A. A.
Issues of documentary registration of forwarding activities
Cherkasov A. Yu.
Legal nature and current problems of the mechanism for redomiciliation of foreign companies to special administrative regions (SAR)
Yastremskiy I. A.
Responsibility of the plastic surgery clinic for improper fulfillment of contractual obligations to the patient
Absalyamova V. G.
Doctrinal foundations and precedent regulation of genetic information: a comparative analysis
Dich R. A.
The registry model of executive documents as a tool for improving the efficiency of enforcement proceedings
Nemaya S. Yu.
Problematic issues of concluding an intercreditor agreement
Tvorun K. I.
Attempt to establish and regulate the “right to oblivion” in domestic legislation as a separate category
Cherkasov A. Yu., Mikhaylova V. D.
Economic and legal view on the procedure for forming share prices using the example of oil and gas companies
CIVIL PROCESS
Ageeva G. E., Belozerov M. E., Timets V. Yu.
Construct of «unfriendly element» within the framework of access of a foreign person to information about a Russian corporate organization
Akhmetzyanova G. N., Salakhova G. I.
Legal representation in civil proceedings
Parfirjev D. N., Dubinina A. S., Uldanova A. I.
Free legal aid at the present stage of development of civil proceedings
Savenkov A. A., Morozova S. Yu.
Pre-trial disclosure in England civil procedure
Fantrov P. P., Dubrovina A. N.
Alternative procedures for the resolution of disputes arising between the subjects of a prenuptial agreement
Ziyatdinova A. A.
The content and form of electronic evidence
Larin V. R.
On the concept of abuse of procedural rights in the civil process
Mukoseev I. V.
Determination of the limits of judicial discretion in the analogy of law in civil proceedings
Muslimova J. G.
Features of evaluation of digital evidence in civil proceedings
FAMILY LAW
Maximov V. A., Drobov D. E.
Unification of family law: myth or reality?
LABOUR LAW
Aliev A. Sh.
Features of the implementation of social programs for young families
LAND LAW
De E. P., Nazarova A. M., Lyashko Yu. O., Provatkina V. E.
Main problems of application of land legislation on the legal regime of specially protected natural territories
Kamyshnikova T. S., Krushinova M. Yu., Aleshin M. V., Akhmetshina A. R.
Land and property complex as a basic element of land and property relations
Provatkina V. E., Voloshina T. V., Korkin M. S., De E. P.
The problem of inappropriate use of agricultural land in the Russian Federation
FINANCIAL LAW
Andrievskiy K. V., Shestov S. N.
On the issue of transformation of the system of currency regulation and control in the Russian Federation
Titova S. I.
Bankruptcy of individuals: problems of judicial and arbitration practice
CORPORATE LAW
Kasharov Z. A.
On the issue of the independence of corporate bodies.
ENTREPRENEURIAL LAW
Abdullin D. T.
Legal aspects of ensuring consumer data privacy in merger control
Veprinskiy D. V.
Endowment funds in the system of income-generating activities of healthcare institutions: organizational and legal aspect
Medentseva E. V., Kudryashov M. A.
Liability for breach of obligations in business activities
Moshkin I. A.
Theoretical and legal justification for legislatively establishing the status of the owner of an aggregator of information about goods (services)
Veprinskiy D. V.
Budgetary institutions of the healthcare system as a subject of state entrepreneurship
CRIMINAL LAW
Bashirina E. N., Kazantsev I. S., Rakhimov D. R.
The institute of guilt in Russian criminal law
Illo D. A., Medvedeva A. A., Kosarev S. Yu., Tretyakov I. L.
Some questions of qualification of an attack on the life of a state or public figure under Art. 277 of the Criminal Code of the Russian Federation
Kalandarishvili H. A., Pryakhina K. O., Ibragimova A. A.
Analysis of approaches to determining the determinants of white-collar crime
Kirikova M. V.
Public environment and public place as signs of the objective side of hooliganism
Kornakova S. V., Chigrina E. V.
On the issue of crimes committed in the monetary sphere
Kurginyants N. V., Fomichev I. A., Fatkullin R. R.
Responsibility for extremist crimes in modern domestic legislation and in the law of foreign countries
Kurkina Yu. A.
Category of the victim in intentional bankruptcy
Manna Ammar Abdul Karim
Institute of crime and punishment in Muslim criminal law
Milova I. E., Khachatryan R. E.
Some issues of fraud qualification in the insurance sector
Postnikov M. M.
On the issue of lifting the moratorium on the death penalty for crimes of a terrorist and extremist nature
Ravnyushkin A. V., Torgersen A. S., Barkov E. N., Shestakova N. N.
Features of the application of punishments not related to isolation from society
Romanova N. L., Kalandarishvili H. A.
Analysis of novelties of the criminal law in the field of state security
Stupina S. A., Litvinov R. V.
On some issues of criminal liability for activities against the security of the Russian Federation
Usov E. G., Belozertsev S. M., Volkov P. A.
Features of Muslim criminal law
Cheremnova N. A.
Features of the qualification of personal harassment for selfish reasons
Konnov R. A.
New types of encroachments on the foundations of the constitutional order? Trends and novelties of modern criminal law policy of the Russian Federation
Blazhkova T. O.
On the importance of recognizing compensation for physical and mental harm from violent crimes
Tailova A. G., Mustafaev Z. S., Abakarova B. G.
Features of criminal liability for evasion of taxes on inherited property under German law
Konnov R. A.
General criminal law characteristics of crimes that infringe on the foundations of the constitutional system of the Russian Federation
Fyodorov E. A.
Crimes against justice: problems of the system
CRIMINAL PROCESS
Gauzhaeva V. A., Vdovin A. S.
General tactical provisions for investigating crimes committed by organized criminal groups
Gonnov R. V.
The significance and features of the implementation of operational investigative activities
Ermakov A. A., Azarkhin A. V.
A turn for the worse as a problem of reviewing cases related to non-fulfillment of the terms and obligations of the pre-trial cooperation agreement
Medvedeva I. N.
On the issue of organizing the selection of staff in the penitential services of some foreign countries
Melikova I. M., Sefikurbanov K. S.
To the question of the notion of the judicial investigation as a stage of the judicial proceedings
Milova I. E., Prytkova Ya. V.
Conclusion and testimony of a specialist, their evidentiary value in Russian criminal proceedings
Rabadanov R. R., Begova D. Ya.
Actual problems of the court’s election of a preventive measure in the form of detention
Tingaeva I. V., Imaeva Yu. B.
The activities of the investigator to comply with procedural guarantees of the suspect
Danilov G. A., Azarkhin A. V.
Legal responsibility of a forensic expert: issues of theory and practice
Berezina T. E., Kurlyshev A. O.
Admissibility of subpoenas for questioning through the use of instant messengers
Samsonov P. A.
Remote production of an investigative actions with the participation of the accused located outside the Russian Federation
Sologub V. A.
Current problems of legislation and practice of applying compulsory medical measures
CRIMINAL-EXECUTIVE LAW
Stupina S. A., Postnikov M. M.
Prevention of the commission of new crimes by persons convicted of extremist crimes
Ustinov A. N., Yakimova E. M.
Problems of organization of examination and re-examination of disabled convicts in correctional institutions
CRIMINALISTICS
Arkhipova A. N., Turkova V. N.
On the possibility of taking into account the characteristics of the voice of the suspect (accused) in the process of his identification
Dolgushina L. V., Stupina S. A.
Criminalistic characteristics of illegal arms trafficking from the perspective of criminalistic provision of compensation to the victim of harm caused by a source of increased danger
Krymov V. A., Kustov A. M., Selyuzhitskaya G. M.
On the issue of the content of the methodology for investigating frauds committed against the elderly
Lonshchakova A. R.
Separate problems of criminalistic provision of crime prevention
Maltseva S. N., Suleymanov T. A.
The initial stage of the investigation of fraud in the field of IT technologies
Ponomarev V. E.
Sources of electronic (digital) information
Svetlichny A. A.
Deterministic foundations of the formation of a unified interscientific terminological space of criminal law sciences
Khasnutdinov R. R., Meshcheryakova T. V., Kuleshov N. S.
On the issue of the specifics of the production of verbal investigative actions in the investigation of mediation in bribery
Ushchekin S. N.
Typology of personality of victims of theft committed using electronic means of payment
Kamalov M. R.
Identification of persons who committed thefts at retail enterprises
CRIMINOLOGY
Minkova E. A.
Legal framework for anti-corruption in public administration
Nekrasov A. P.
Theoretical and legal analysis and opposition to criminal acts that undermine the constitutional and state system of the Russian Federation: doctrine, politics, social phenomenon, ways of overcoming
Popov A. N., Lazarev V. Yu., Buzhskiy A. A., Ivanov S. I.
Victimological characteristics of victims of telephone fraud
Svinarev S. V., Astakhov I. P.
The concept and features of cybersecurity as an object of administrative and legal protection
Stramilov S. Yu.
Alcoholization of the population as a cause of murders in the sphere of family and household
Tailova A. G., Nasimov U. S., Abakarova B. G.
Causes and conditions that give rise to mercenary and self-serving violent crime in the territory of Dagestan
Boroev A. V.
Extremist motive for committing murder during a special military operation in Ukraine
LAW ENFORCEMENT AGENCIES
Abaev N. B.
Issues of the functionality of administrative activities of the police
Vyshtikalyuk V. F., Muzafin R. R., Kopylov I. A.
Ways to improve the shooting training of Interior Ministry employees
Dudin N. S., Nasyrov R. R., Nenashev L. N.
Features of ensuring the personal safety of law enforcement officers
Kanokova L. Yu., Kalinin S. V.
Features of educational work and types of education of employees of internal affairs bodies
Kogan O. S., Lifanova M. V., Kornelyuk O. V.
Some aspects of law enforcement personnel training in modern Russia
Mingulov I. R., Napalkov Yu. A., Egoshin D. I., Kachulina I. V.
The use of innovative technologies for the formation of the personality of cadets and students in the educational process in the discipline of physical training in educational organizations of the Ministry of Internal Affairs of Russia
Urusov Z. Kh.
Use of modern information technology in police administrative activities
Yablonskiy K. A., Chenchikovskiy A. D., Shanko V. V.
On the issue of public administration of reforming internal affairs bodies
PROSECUTOR’S SUPERVISION
Yakovlev N. M., Ivanov S. M.
Prosecutor’s supervision over the implementation of anti-corruption legislation
SECURITY AND LAW
Poziy V. S.
Why is a new law «on forensic activities» needed? (Part 2)
Revina S. N., Gorbunova A. A., Dvoryanchikov V. M.
Information security in the context of digitalization of customs authorities
Silantjeva V. A.
On the issue of the concept of “diaspora”: application in Russian legislation
Khalitov O. F., Marchenko K. S., Samikov A. Z.
Organizational and tactical features of conducting fire training classes in units to ensure the safety of persons subject to state protection
PEDAGOGY AND LAW
Zorina N. S.
Problems of adaptation of juvenile convicts in conditions of an educational colony
Ishmaev D. F., Shapochanskiy V. N., Kotelnikov N. S.
Actual problems of fire training of cadets and students of educational organizations of the Ministry of Internal Affairs of Russia
Kanukoev A. M., Kodzokov A. Kh.
Physical training is an important component of the professional development of students of educational organizations of the Ministry of Internal Affairs of Russia
Kim V. O., Ivanchenko E. S., Shevchenko A. R.
Physical training of units to ensure the safety of persons subject to state protection: essence, goals, tasks, main concepts
Kurochkin A. S., Taranin M. A., Kadymov A. A., Murashko A. V.
Innovative educational technologies used in universities of the Ministry of Internal Affairs of Russia
Tarasova A. I., Pozdnyakova K. A., Shanenkova M. M.
The emergence and development of pedagogical technologies in the educational process
Timofeenko V. A., Serdyukova Yu. A., Samoylova I. N.
Strategies for re-socialization of minors who committed offense
Tkhagalegov A. A.
Modern problems of physical training of police officers
Tkhazeplov R. L., Bittirov R. M.
The philosophical and legal aspect of the influence of the principles of physical culture and sports on the level of personal development of a person and society as a whole
Tsarkova E. G., Zorina N. S.
The influence of socially negative properties of the family on juvenile delinquency
Phan Mi Lan
Chat GPT’s application in teaching and learning Chinese in Vietnam people’s police schools – opportunities and challenges
Kodzokov A. Kh., Kanukoev A. M.
Aspects of general and special physical training of students of educational organizations of the Ministry of Internal Affairs of Russia
PSYCHOLOGY AND LAW
Karavaev A. A., Galyautdinov R. F., Merkulova V. A., Ivanov S. I.
Features of psychological impact in the activities of a police officer
Pugachev A. V., Musafin R. R., Boloban M. L., Kosovskiy V. B.
Types of communication barriers in the activities of police officers and ways to overcome them
Khorolskiy V. V., Shagieva G. R., Strizhenov A. V., Vafin V. V.
Strategies for resolving conflict situations in the activities of police officers
STATE AND LAW
Gareev E. S., Ulanov A. A., Bondarenko A. V., Lukiyanov M. Yu.
The state of the future: topical problems of socio-economic and political-legal development
Donskoy O. O.
Public legal regulation of the protection of commercially significant information in the UK chemical industry
POLICY AND LAW
Do Dieu Huong
Applying CIPO model in training management in criminal investigation at police academies and universities
SOCIOLOGY AND LAW
Asanaliev U. A., Bredikhin A. V.
The role of the SCO for the EAEU countries in the modern period
ECONOMY. LAW. SOCIETY
Vildanov R. R., Shalagina S. V., Khasanova A. G.
Information policy and regulation of the internet in the People’s Republic of China
Gordienko V. V., Gladkov D. V., Mikhaylov S. N.
Sustainable socio-economic development and environmental guidelines
Kutenev S. N.
The role of industrial enterprises in ensuring sustainable development of the region
Mukhamadieva E. F., Sultakaev A. R., Galimullina N. A., Galimullina S. R.
Diagnostics of the impact of tax risks on the economic security of the Republic of Bashkortostan
Weng Jinglong, Ravochkin N. N.
HR strategies in digital business
Danilovskiy V. A.
The management of projects based on cloud technologies in small businesses: prospects and problems
Li Yuxi, SHkolik O. A.
Comparative analysis of control systems in various technological and technical systems
Ma Zongkai
New perspectives on the use of blockchain technology in finance: a content analysis
Cui Lyuke, Ryabkova G. V.
Computer networks in economics
Yang Jie
Features of the use of cryptocurrencies within the framework of economic security of the country
PHILOSOPHY. LAW. SOCIETY
Bikmetov E. Yu., Pushkareva M. A., Khramova K. V.
Development of the idea of humanity in political relations
Vinogradova N. V., Tukaeva R. A.
Moral philosophy V. S. Solovyov as a value guidance of modern society
Galimova L. R., Salikhov G. G.
The action approach activity of the subject as a resource of his reproduction
Gofman A. A., Timoschuk A. S.
«We surrendered Belgrade, we got Belgorod» or a new sincerity in political communication
Gruzdev А. А., Makarchuk I. Yu.
Social and philosophical views of I. S. Glazunov
Ikhsanov A. U.
Ethnic aspect of globalization: mythology, ideology and politics
Zubkov S. A., Tyurina A. Yu.
The sacralization of Fuji as a manifestation of ecophilic philosophy in Japan
Kochesokov R. Kh., Mairova M. Z.
Politically incorrect methods of promoting the political correctness in the West
Lukmanova R. A., Shaykhutdinova I. I.
Information tools for promoting positive attitudes towards charitable activities and mentoring
Lukyanov G. I., Baklanov I. S., Baklanova O. A., Osadchiy A. A.
Features of the problematization and genesis of ideas about the phenomenon of sociality in socio-philosophical knowledge
Sasin M. V., Mineev V. V.
Philosophical and ethical aspects of the responsibility of a scientist and teacher
Khokhlova O. M., Dmitrieva L. Yu.
Strategic consent in modern Russian society
Galimova L. R., Salikhov G. G.
Social comparison as a mechanism for the formation of life`s strategies of a subject in the process of its reproduction
Pecherina E. A.
Value conflict of Christianity and Paganity
Shakhmamedov K. A.
Differences between Islamic and materialist views of the family, by the example of the teachings of K. Marx and F. Engels
Yagudin F. T.
Socio-cultural factors of cognitive dissonance in the subject of cognition
Ismailov N. O.
Social justice as a right of free activity
Madzhuga A. G., Khaydarova M. L., Rakhmatullina Sh. M., Samolovov N. A.
Professional self-determination of a person: the essence, mechanisms and empirical indicators
PRESENTATION AT THE CONFERENCE
Matskevich I. M.
Dissertation research on issues of prosecutorial activity and not only
PERSONA GRATA
G. V. Kukhtin:
BRICS countries: development strategies and mechanisms of interaction and cooperation
Interview with the co-founder, Co-Chairman of the International Public Movement “Russian Peace Service”, Vice-President of the Fund for Assistance in the Development of the Middle East “Euro-Asian Integration and Cooperation” (Fund “EurAsis”) , member of the “Friendship Society with Austria” Kukhtin Gennadiy Vitaljevich.
INTERNATIONAL LAW
ALIEVA Madina Nizamovna
Ph.D. in Law, associate professor of Constitutional and international law sub-faculty of the Dagestan State University, Makhachkala
GASANOVA Elina Velimetovna
magister student of the 2nd course of Constitutional and international law sub-faculty of the Dagestan State University, Makhachkala
LEGAL REGULATION OF THE PROTECTION OF CULTURAL PROPERTY IN INTERNATIONAL LAW
This scientific article presents a study and analysis of the legal regulation of the protection of cultural property in the context of international law. The article summarizes the main international norms, conventions, treaties and practices related to the protection of the cultural heritage of mankind, including the UN Convention for the Protection of the Cultural and Natural Heritage of Mankind (1972) and other key documents. The main focus is on the mechanisms established by international law aimed at preventing the destruction and illicit trafficking of cultural property, including their return to historical places of origin. The article analyzes the challenges facing the international community in the field of cultural heritage protection, such as conflicts, natural disasters, terrorism and trade in illegal artifacts. The article also examines the importance of cooperation between States, international organizations and the public for the effective protection and preservation of cultural heritage.
Keywords: international law, protection, cultural values, regulations, prevention, cooperation, conservation.
Bibliographic list of articles
1. Ageev O. G. Legal regulation of the protection of cultural heritage objects and their export abroad of the Russian Federation // Russian State Studies. – 2019. – No. 1. – P. 43-65.
2. Kuzina A. A. Protection of cultural heritage: international and Russian experience // Theoretical and practical aspects of the development of science in the modern world: collection of articles of the international scientific conference, St. Petersburg, March 17, 2023. – St. Petersburg: Private scientific and educational institution of additional professional education National Humanitarian Research Institute “NATSRAVITIE”, 2023. – P. 69-74.
3. Matskevich E. A. International legal protection of cultural values and problems of its improvement // Domestic jurisprudence. – 2019. – No. 3 (35). – pp. 30-34.
4. Sanzharov S. N. International legal aspects of the protection of cultural heritage // Problems of law: theory and practice. – 2019. – No. 47. – P. 39-51.
5. Kholikov I.V., Shishko A.A. Formation of international legal protection of cultural values in the event of an armed conflict // Military Law. – 2021. – No. 6 (70). – pp. 326-334.
INTERNATIONAL LAW
KLYACHIN Vyacheslav Matveevich
Ph.D. in Law
INTERNATIONAL LEGAL FEATURES OF PROTECTION OF NUCLEAR POWER FACILITIES FROM THREATS OF POLITICAL EXTREMISM
The article reveals the problems of international nuclear law in the field of ensuring protection from threats of political extremism to nuclear energy and industrial facilities. The features of the manifestation of political extremism and nuclear terrorism in modern conditions at radiation and nuclear hazardous facilities are formulated. An analysis of international legal acts related to the problem of political extremism in international nuclear law is given.
Keywords: nuclear law, political extremism, safety of nuclear power facilities.
Bibliographic list of articles
1. Universal Declaration of Human Rights. (Adopted and proclaimed by the UN General Assembly on December 10, 1948) // Garant. 2024.
2 Convention on the Physical Protection of Nuclear Material (Vienna, October 26, 1979) // Garant. 2024.
3. Charter of the International Atomic Energy Agency (IAEA) (Together with the “Preparatory Committee”) (Adopted on October 26, 1956) (as amended and supplemented on December 28, 1989)
4. Convention for the Suppression of Acts of Nuclear Terrorism (New York, September 14, 2005). // Guarantor. 2024.
5. Vozzhenikov A.V., Vybornov M.A., etc. International terrorism: the struggle for geopolitical domination: Monograph. – M.: Publishing house RAGS, 2005. – P. 57-62.
6. Protocol on coordinated measures for anti-sabotage protection of especially important industrial, transport and communication facilities, warning of possible acts of nuclear, chemical and bacteriological terrorism (St. Petersburg, October 1, 1999); Protocol on cooperation in the field of ensuring the security of strategic facilities (Tbilisi May 31, 1995). CIS Executive Committee.
INTERNATIONAL LAW
SOFJINA Olesya Alexandrovna
postgraduate student of State and international law sub-faculty of the St. Petersburg State Maritime Technical University
MISHALCHENKO Mariya Yurievna
senior lecturer of Civil and commercial law sub-faculty of the St. Petersburg State Maritime Technical University
INTERNATIONAL AND PUBLIC LEGAL ASPECTS OF ENSURING NATIONAL SECURITY OF THE USE OF THE NORTHERN SEA ROUTE
The article is devoted to the consideration of the legal regime of the Northern Sea Route in modern conditions. Russia’s Arctic policy is determined by both the domestic and foreign policies of the Russian Federation in relation to the Russian Arctic region. Upholding the interests and maintaining the status of the Northern Sea Route as “the historically established national unified transport communication of Russia in the Arctic”, its active use in the project of an international transport zone controlled by the Russian Federation, which will stretch along the entire Arctic coast from Murmansk to Kamchatka. The Arctic region, with its enormous economic potential, is also of strategic importance for our country. The article provides a description of the features of the legal status of inland waters, the exclusive economic zone of the Russian Federation in the context under consideration. The possibilities of alternative conditions for partnership in the Arctic are shown, including attracting investments from the BRICS countries, and proposals for taking measures to ensure the environmental safety of the region are considered, in particular, tightening penalties for violations of legislation on environmental offenses committed in the Arctic zone.
Keywords: international law, public law, the arctic council, national security, the 1982 United Nations Convention on the law of the sea legal regulation, maritime security, international sanctions.
Bibliographic list of articles
1. Arctic region: problems of international cooperation. Reader in 3 volumes. Volume 3. Applicable legal sources. Ch. ed. I. S. Ivanov. Scientific ed. A. N. Vylegzhanin. M., 2013. 662 pp.
2. Gutsulyak V. N. International maritime law (public and private). M.: Border, 2017.
3. Zhudro I. S. International legal regime of the Arctic Ocean in the context of globalization. Probable risks and threats to the national security of the Russian Federation in the Arctic // Army and Society. 2015. No. 1 (44). pp. 7-13.
4. Kolodkin A.L., Gutsulyak V.N., Bobrova Yu.V. The World Ocean. International legal regime. Main problems. M.: Statute, 2007. 637 p.
5. Skaridov A. S. Right to ice water storage facilities // International Law. 2019. No. 3. P. 67-76.
6. Titushkin V. Yu. On the issue of the external boundaries of the continental shelf of the Russian Federation in the Arctic. International maritime law. Articles in memory of A. L. Kolodkin. M., 2013. pp. 223-252.
INTERNATIONAL LAW
SHUVANOV Stanislav Alexandrovich
Honorary diplomat of Russia, Head of the special mission in Angola from 1987 to 1993
ANTI-GOVERNMENT REBELLION IN ANGOLA IN 1992 – THE ROLE OF THE RUSSIAN EMBASSY
The war in Angola was long and bloody. Not only neighboring states, but also the largest powers in the world were involved in the military-political confrontation in this African country inhabited by different conflicting ethnic groups. The civil war did not spare the Soviet Union either. Perhaps it was in Angola that the largest contingent of Soviet military specialists was involved. In fact, another front line of the Soviet-American confrontation passed in the jungles of Angola. The reasons that prompted the world’s major powers to show such a keen interest in the distant African country were the strategic position of Angola – one of the largest states in Africa south of the equator, and the rich natural resources that abound in the depths of Angola .
This article focuses on a captivating period in the history of Russia-Angola relations when UNITA, a military and political group headed by Jonas Savimbi, mounted a military mutiny in Luanda, the country’s capital, and other major cities to seize power by force in anticipation of its defeat in the 1992 general election. It is during these troubled days that the government troops from the People’s Armed Forces for the Liberation of Angola (FAPLA) demonstrated their courage, military excellence and political judgment. The same applied to the special forces and the country’s political leadership who had all benefited from many years of training by Soviet and later Russian military instructors and political mentors. The article presents the views of its authors who were directly involved in these events, fi nding themselves at the center of the standoff between UNITA and the ruling MPLA-Labor Party. All the agencies and services in the Embassy coordinated their actions on the Embassy premises, as well as across various parts of the city. By doing so, they succeeded in providing the Ambassador with updates from various sources, enabling the mission to report the developments in the country to Moscow in real time.
The article stresses the need to ensure that staff members at Russian missions abroad are ready to face challenging and non-standard circumstances that may occur during government coups or in other extraordinary situations in a given country.
Keywords: Angola, J. Savimbi, anti-government revolt of UNITA, MPLA – Labor Party, foreign establishment.
INTERNATIONAL LAW
FARKHUTDINOV Insur Zabirovich
Ph.D. in Law, leading researcher of the Institute of State and Law of the Russian Academy of Sciences
WHO WAS THE PATRIARCH OF INTERNATIONAL LAW: ALBERICO GENTILI OR HUGO GROTIUS?
The article is dedicated to the great thinkers of the early modern era. Alberico Gentili was one of the most famous predecessors of the founder of international law – the Dutchman Hugo Grotius. The historical significance of the famous Dutch lawyer lay in the fact that in the age of endless wars, accompanied by looting and ruin, he tried to theoretically justify and protect bourgeois property and at the same time introduce war into the framework of legal norms.
The three-volume work that made Grotius famous – “On the Law of War and Peace” (“De jure belli ac pacis”, 1625) proceeded from the right of property as a “natural right” of man, a right “dictated by common sense, i.e. .by nature.” Thus, Hugo Grotius, having actually founded the law of armed conflicts, set out the theoretical foundations of international law, and this is the enormous significance of his work.
Keywords: Hugo Grotius, Alberico Gentili, international law, law of armed conflicts.
Bibliographic list of articles
1. Kopelev D. N. The colonial expansion of European powers and the phenomenon of maritime robbery in the XVI – first third of the XVIII century. 2014.
2. Farkhutdinov I.Z. American doctrine of a preventive strike from Monroe to Trump: international legal aspects. M.: Infra-M, 2021. pp. 110-121.
3. Grinin L. E. World order in the past, present and future // History and modernity. 2016. Issue No. 1 (23).
4. Farkhutdinov Insur. The Mysterious and Obvious in American Diplomacy: From Monroe to Trump. Cambridge Scholars Publishing. 2020. 1.1. Ecumene: hemispheric imaginings in international law. P. 6-9.
5. Farkhutdinov I.Z. “Battle of the books.” “The Doctrine of the Two Spheres.” The emergence of the concept of free navigation – the main catalyst for the formation of international law // Eurasian Legal Journal. 2023. No. 11. pp. 23-27.
6. Gretchen Murphy. Hemispheric Imaginings: The Monroe Doctrine and Narratives of the U.S. Empire. Durham: Duke University Press. 2005. P. 2.
7. Grotius H. The Free Sea. Indianapolis: Liberty Fund, 2004. [Electronic resource]. – Access mode: http://oll.libertyfund.org/titles/859 (access date: 12/20/2014).
8. Armitage D. The emotional origins of the British Empire. Cambridge: University Press, 2001.
9. Volkov S. With a pen and a sword for a free sea. Century XVII // International life. 2009. No. 2. P. 6-7.
10. See: Baskin Yu. A., Feldman D. I. History of international law.” M., 1990; Butkevich O. V. At the origins of international law. M., 2008.
11. Grabar V. E. Hugo Grotius and Alberico Gentili as representatives of two directions in the science of international law // News of the USSR Academy of Sciences. Department of Economics and Law. 1946. No. 1.
12. Volkov S. Yu., Saunina E. V., Fedyushkina A. I. Political and legal doctrine of Hugo Grotius in the curriculum of Russian universities: historical and theoretical aspects // Integration of Education. 2015. T. 19. No. 3. P. 43-51.
13. Knight W. M. The life and works of Hugo Grotius. London, 1925. P. 36-37.
14. Murzaeva A. A. Hugo Grotius as a theorist of the Dutch expansions of the second half of the 17th century // Ethics of War and Peace: History and Research Prospects. Under. ed. Kashnikova B. N., Kumankova A. D. St. Petersburg: Aletheya, 2016. P.27-30.
15. Van der Pol R. On important facts in the activities of the Dutch jurist Hugo Grotius // Legal forms of experiencing history: practices and limits. Collective monograph. SPb.: Ros. state University of Justice, 2020. pp. 81-92.
16. Hugo Grotius. The Rights of War and Peace. Translator: A. C. Campbell.2014. Produced by Charlie Howard and the Online Distributed. Internet Archive / American Libraries.
17. Butkevich V. G. Political and legal views of Hugo Grotius // The Soviet State and Law. Moscow: Nauka, 1984. No. 9. P. 81.
18. Grotius G. On the law of war and peace. M.: Ladomir, 1994. P. 6-38.
19. Farkhutdinov I. Z. F. Evolution of international law – from Westphal to Versailles: monograph. Moscow: INFRA-M, (Scientific Thought) 2024. 446 pp.
20. Ruddy Francis. St. International Law in the Enlightenment: The background of Emmerich de Vattel’s Le Droit des Gens. N.Y., 1975. P. 13.
INTERNATIONAL LAW
BATTALOVA Elina Igorevna
assistant of International and integration law sub-faculty of the Institute of Law of the Ufa University of Science and Technology
COOPERATION BETWEEN THE RUSSIAN FEDERATION AND THE UNITED ARAB EMIRATES IN THE SCIENTIFIC AND EDUCATIONAL SPHERE
The article is devoted to the cooperation between the Russian Federation and the United Arab Emirates in the scientific and educational sphere. Over the past decade, both states have shown interest in developing and strengthening cooperation in this area. Branches of Russian universities are being opened in the UAE, agreements on scientific cooperation between Russian and Emirati universities are being signed, and the number of students participating in academic mobility programs is growing.
Keywords: Russian Federation, United Arab Emirates, cooperation in the educational sphere, academic mobility.
Bibliographic list of articles
1. Nigmatullin R.V. Middle Eastern vector of the oil and gas strategy of the Russian Federation // Eurasian Legal Journal. – 2020. – No. 12 (151). – pp. 18-21.
2. Domnina M. M. Assessing the prospects of the educational services market of the United Arab Emirates for Russian universities // Bulletin of Science. – 2023. – No. 6 (63). – pp. 52-61.
3. Jana M. Kleibert, Alice Bobée, Tim Rottleb and Marc Schulzeformat. Transnational education zones: Towards an urban political economy of ‘education cities’ // Urban Studies. – 2021. – No. 58 (14). – P. 2845-2862.
4. Rostovskaya T.K., Skorobogatova V.I., Selivanov L.I., Chernikova A.A. Demand for Russian educational programs of higher education in the global market of educational services // Bulletin of the South Russian State Technical University (NPI). Series: Socio-economic sciences. – 2023. – T. 16. No. 3. – P. 102-111.
5. Export of Russian educational services: Statistical collection. Issue 2 / Ministry of Education and Science of the Russian Federation. – M.: TsSPiM, 2009. – 356 p.
6. Nigmatullin R.V., Suleymanova R.R., Nazarzoda B.R. On the prospects for cooperation between the Russian Federation and the Republic of Tajikistan in the field of education // Eurasian Legal Journal. – 2023. – No. 8 (183). – pp. 19-22.
7. Nigmatullin R.V., Suleymanova R.R. Cooperation between the Russian Federation and the Republic of Belarus in the scientific and educational sphere // Legal foundations of the political and socio-economic integration of the Union State of the Russian Federation and the Republic of Belarus: Materials of the International Scientific and Practical Conference, Ufa , June 26-27, 2023. – Ufa: Research Institute for Problems of the Rule of Law, 2023. – P. 59-71.
8. Regional branding: from theory to practice / R. R. Suleymanova, R. V. Nigmatullin, E. N. Yamalova [etc.]; edited by R. R. Suleymanova. – Ufa: Bashkir State University, 2022. – 164 p.
INTERNATIONAL LAW
MAKSENOV Igor Romanovich
postgraduate student of International law sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
INTERNATIONAL LEGAL ISSUES OF FLOATING NUCLEAR POWER PLANTS IN THE CONTEXT OF ACHIEVING THE SDGS 7
This article focuses on the challenges of using floating nuclear power plants (FNPPs) in achieving SDG 7. It analyzes the international legal acts regulating the use of nuclear power sources for peaceful purposes, as well as the use of nuclear vessels. The article also examines the current challenges and threats associated with the use of PATPPs and emphasizes the importance of coordinating efforts on the international legal regulation of nuclear power sources for sustainable development, with a view to improving the efficiency and safety and use of this type of energysource. It concludes with recommendations for the further development and transformation of international law on the peaceful uses of innovative nuclear energy sources. The main problems and shortcomings of the existing international treaties regulating this field are highlighted.
Keywords: FNPP, SDGs, nuclear safety, nuclear ships, nuclear power plants, nuclear power sources.
Bibliographic list of articles
1. Kozhevnikov K.K. Environmental and legal support for nuclear safety of nuclear energy facilities: dissertation … candidate of legal sciences: 12.00.06; [Place of protection: Moscow. state legal acad. them. O. E. Kutafina]. – Moscow, 2015. – 217 p.
2. Leonova O. A. International legal problems of ensuring nuclear safety // Current problems of modern international law. – M.: RUDN Publishing House, 2009. – P. 109-113.
3. Zavgorodniy V. S., Ganenkov E. O. Modern problems of international legal regulation of the peaceful use of nuclear energy // Modern international law and scientific and technical progress. – M.: RUDN Publishing House, 2012. – P. 75-83. – ISBN 978-5-209-04602-8.
4. Kopylov S. M. Development of international legal cooperation in the field of renewable energy sources in the context of sustainable energy and energy efficiency // Education and Law 2016. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/razvitie-mezhdunarodno-pravovogo-sotrudnichestva-v-sfere-vozobnovlyaemyh-istochnikov-energii-v-kontekste-ustoychivoy-energetiki-i/viewer (access date: 27.02 .2024).
5. Cook H. International Nuclear Law: Nuclear Safety, Emergency Response and Nuclear Liability. Asia-Pacific Disaster Management. – 2013. – [Electronic resource]. – Access mode: http://dx.doi.org/10.1007/978-3-642-39768-4_14 (access date: 02/27/2024).
INTERNATIONAL LAW
ONASENKO Alexander Alexandrovich
magister student of the Faculty of Law of the Lomonosov Moscow State University
THE LEGAL NATURE OF UNILATERAL RESTRICTIVE MEASURES
The article examines the legal nature of unilateral restrictive measures. The author notes that today the number of unilateral restrictive measures is steadily increasing, which creates a new, previously unparalleled instrument of influence on various areas of international relations, including trade. Such unilateral restrictive measures, which go beyond the framework of international law and WTO rules, undoubtedly create new challenges and threats to international relations. The author also notes that it is important to distinguish unilateral restrictive measures from countermeasures. Countermeasures in international law can be recognized as legitimate only if there are those criteria that are enshrined in the Draft articles on the responsibility of States for internationally wrongful acts, thus unilateral restrictive measures cannot be identified with the concept of countermeasures.
Keywords: unilateral restrictive measures, sanctions, countermeasures, coercive measures, Draft articles on liability, WTO, GATT, GATS.
Bibliographic list of articles
1. Strachko V. O., Metelskaya K. A. Sanctions and their types in international law // Ideas of the rule of law in the legal doctrine and constitutional practice of Belarus: history and modernity: materials of the international scientific and theoretical conference of students, undergraduates, graduate students (Minsk , November 27-28, 2014). – Minsk: Ecoperspective, 2014. – P. 173-174.
2. Bakhin S.V., Eremenko I.Yu. Unilateral economic “sanctions” and international law // Law. – 2017. – No. 11. – P. 162-175.
3. Negmatova T. M. Classification of international sanctions and criteria for their legitimacy // Bulletin of the Tajik National University. – 2018. – No. 5. – P. 99-108.
2. Kritsky K.V. Sanctions and unilateral restrictive measures in modern international law: dis. …cand. legal sciences; Moscow State Institute of International Relations. – Moscow, 2019. – 226 pp.
3. Tolstykh V. L. Course of international law. – Moscow: Prospekt, 2018. – 734 p.
4. Kadysheva O. V. Doctrinal aspects of unilateral restrictive measures and prospects for challenging them within the WTO // Law. – 2022. – No. 8. – P. 71-81.
5. Oppenheim L. International Law. – London, 1952. – Vol. II. – 34 rub.
INTERNATIONAL LAW
SHVETSOV Vadim Vitaljevich
assistant of International and integration law sub-faculty of the Institute of Law of the Ufa University of Science and Technology
TO THE QUESTION OF THE LEGAL STATUS OF ILLEGAL CHILDREN IN THE RUSSIAN EMPIRE (HISTORICAL AND LEGAL ANALYSIS)
The subject of this article is the legal status of illegitimate children in the period from the eleventh to the beginning of the twentieth century. Initially, the very fact of birth of an illegitimate child posed a threat to its life, because mothers, in an attempt to conceal this fact often killed such children. Legislation at different periods of its development protected the right to life of illegitimate children, and then the State made it possible to place such children confidentially in appropriate institutions, where it took care of their maintenance and upbringing. Subsequently, the State made it possible to legalise certain categories of illegitimate children. During the period of the Russian Empire, illegitimate children never received equal rights with legitimate children. Children born out of wedlock and married children were equalised in rights only after the establishment of Soviet power.
Keywords: right to life, illegitimate children, children born out of wedlock, descent, children’s rights, protection of children’s rights, children’s rights in the Russian Empire.
Bibliographic list of articles
1. Nigmatullin R.V., Bisyarina A.N. Activities of the Russian state to combat trafficking in minors in the period from 1861 to 1917 (historical and legal analysis) // Eurasian Legal Journal. – 2019. – No. 9 (136). – pp. 110-112. – EDN SXWDYQ.
2. Extensive Russian truth (according to the Trinity list of the second half of the 14th century) [Electronic resource]. – Access mode: http://www.hist.msu.ru/ER/Etext/RP/prp.htm. (date of access: 03/25/2024).
3. Charter of Prince Yaroslav Vladimirovich on church courts. XI-XIII centuries [Electronic resource]. – access mode: http://xn--e1aaejmenocxq.xn--p1ai/node/13620. (date of access: 03/25/2024).
4. Cathedral Code of 1649 (according to the Trinity List of the second half of the 14th century) [Electronic resource]. – Access mode: http://www.hist.msu.ru/ER/Etext/1649.htm (date of access: 03.25.2024).
5. Cherkashina N.V., Lavrentieva T.V. Illegitimate (illegitimate) children of pre-revolutionary Russia: legal aspect // Law and State: Theory and Practice. – 2020. – No. 1 (181). – pp. 194-195. EDN QHJXXE
6. Domestic Notes: A literary, political and scientific magazine, published by A. Kraevsky. – St. Petersburg: B. i., 1860. – T. 132. [Book. 9. Dept. 1-3]. – [Electronic resource]. – Access mode: https://books.google.ru/books?id=HrsGAAAAYAAJ&printsec=frontcover&dq=editions:LCCNsf89090114&lr=&hl=ru&redir_esc=y#v=onepage&q&f=false . (date of access: 03/25/2024).
7. Selyutina E. N. Legal status of illegitimate children in the Russian Empire in the second half of the 19th and early 20th centuries // Bulletin of state and municipal management. – 2015. – No. 1 (16). – pp. 61-68. – DOI 10.12737/11652. – EDN UAWHTL;
8. Krylova A. A. Illegitimate children of nobles in the Russian Empire: rights and social status // Bulletin of the South Ural State University. Series: Social Sciences and Humanities. – 2016. – T. 16. No. 4. – pp. 38-43. – DOI 10.14529/ssh160405. – EDN WTPNNH
9. Zagorovsky A.I., order. prof. Imp. Novoros. University, Doctor of Civil Sciences rights. – 2nd ed., with amendments and additional – Odessa: “Econ.” typ., 1909. – 574 pp.
10. Legitimation and adoption of children: law of March 12, 1891. Considerations from the Council of State and the Ministry of Justice. Practice of judicial places. Commentary notes. Opinions in literature. Applications (samples of petitions and definitions). – [Electronic resource]. – Access mode: https://repo.nspu.ru/handle/nspu/3303. (date of access: 03/25/2024).
11. Melnikova M.P., Komarevtseva I.A. Inheritance rights of illegitimate children: history and modernity // Legal policy and legal life. – 2015. – No. 1. – pp. 84-90. – EDN UKOQDL
12. Decree of the All-Russian Central Executive Committee and the Council of People’s Commissars “On civil marriage, on children and on maintaining books of deeds” dated December 18, 1917 – [Electronic resource]. – Access mode: https://docs.cntd.ru/document/456017706. (date of access: 03/25/2024).
13. Nigmatullin R.V., Bisyarina A.N. Combating trafficking in minors in the Soviet period of the Russian state (historical and legal analysis) // History of State and Law. – 2022. – No. 6. – pp. 31-36. – DOI 10.18572/1812-3805-2022-6-31-36. – EDN YNXTNM
14. Nigmatullin R.V. Cooperation of states in ensuring the safety of the population: textbook. allowance / Ministry of Internal Affairs of Russia. Federations; Ufim. legal int. – Ufa: ON and RIO UYI of the Ministry of Internal Affairs of the Russian Federation, 2004. – 90 s. – ISBN 5-7247-0512-5. – EDN QWILBL.
INTERNATIONAL LAW
BAGEZUOER Dierbai
postgraduate student (International relations) of the St. Petersburg State University
SINGLE ECONOMIC SPACE OF CHINA AND RUSSIA ON THE PRINCIPLES OF SOCIALIZATION AND POLYCENTRISM
The common economic space forms stable economic ties within the framework of international cooperation, which can take various social forms and public manifestations. Polycentrism and the socialization of a single space is what determines the effectiveness of bilateral cooperation between China and Russia and requires constant monitoring and analysis. The object of research is the global economic space. The subject of the study is the single economic space of sovereign powers. The purpose of the study is to explore polycentrism and socialization as the basis for building an effective unified economic space. Cooperation between Russia and China continues in the implementation of joint investment projects and ensures the stability of international economic relations, especially in conditions of high uncertainty about the state and direction of development of the world economy. To further expand investment cooperation between Russia and China, adherence to the key principles of building a common economic space, ensuring the effectiveness of bilateral cooperation, is crucial.
Keywords: international cooperation, economic space, bilateral relations, multipolarity, international space.
Bibliographic list of articles
1. Agosti A. et al. A man between two worlds? Palmiro Togliatti and the Italian communist party // Twentieth Century Communism. – 2009.
2. Safiullin M. R., Elshin L. A. Sanctions pressure on the Russian economy: ways to overcome the costs and benefits of confrontation within the framework of import substitution // Finance: theory and practice. – 2023. – T. 27. No. 1. – P. 150-161. – DOI 10.26794/2587-5671-2023-27-1-150-161. – EDN QFWSBU.
3. Verchenko A. L. China’s promotion of the idea of a “community of a common destiny for mankind” // East Asia: facts and analytics. – 2020. – No. 1. – P. 6-18. – DOI 10.24411/2686-7702-2020-10001. – EDN GDEHEQ.
INTERNATIONAL LAW
WANG Yuhui
bachelor of the Faculty of Global Processes (political direction) of the M. V. Lomonosov Moscow State University
YAMALOVA Elvira Nailevna
Ph.D. in Political Sciences, Head of the Department of Political Science and Public Relations, Acting Vice-Rector for Information Work of the Ufa University of Science and Technology
COMPARATIVE ANALYSIS OF PUBLIC ADMINISTRATION SYSTEMS IN CHINA AND RUSSIA
A comparative analysis of public administration systems is necessary from the position of assessing social effectiveness through an assessment of the shortcomings and advantages of existing systems of national administration, implemented through the function of state power. The object of research is public administration. The subject of the research is national systems of public administration. The purpose of the study is to identify the similarities and differences between public administration systems in China and Russia. The article presents the content and functions of various hierarchical elements of public administration in China and Russia. The similarities and differences between the public administration systems of China and Russia are revealed, with the main element of difference being the absence of a dominant ideology in Russia, which is largely a drawback that weakens the effectiveness of domestic social policy and does not contribute to the centralization and integrity of public opinion.
Keywords: public administration, political institution, representative power, executive power, legislative power.
Bibliographic list of articles
1. Kobzar’-Frolova M. N. O terminakh «gosudarstvennoye upravleniye» i «publichnoye upravleniye» v nauchnykh trudakh, uchebnoy literature i zakonodatel’stve // Pravovaya politika i pravovaya zhizn’. – 2023. – № 2. – S. 87-103. – DOI 10.24412/1608-8794-2023-2-87-103. – EDN PADFVT.
2. Goncharov V. V. Sovremennyye problemy i perspektivy postroyeniya effektivnoy sistemy gosudarstvennogo upravleniya v Kitayskoy Narodnoy Respublike // Sovremennoye pravo. – 2011. – № 3. – S. 127-131. – EDN NEEXUF.
3. Rossinskiy B. V. Ispolnitel’naya vlast’ i gosudarstvennoye upravleniye // Lex Russica (Russkiy zakon). – 2018. – № 7 (140). – S. 24-38. – DOI 10.17803/1729-5920.2018.140.7.024-038. – EDN XULFUL.
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
ANALYSIS OF EU JUDICIAL PRACTICE ON COMPETITION LAW IN THE CONTEXT OF ARTICLE 102 TFEU
This article divides into an in-depth analysis of the European Union’s judicial practice concerning competition law, focusing on the application of Article 102 TFEU, which pertains to the abuse of a dominant market position. The author examines not only the historical development and evolution of how this article has been interpreted by EU courts but also analyzes specific cases and decisions that have significantly influenced the current understanding of antitrust legislation in the EU. Special attention is given to changes in approaches to regulating price competition, predatory pricing, price discrimination, and the application of discriminatory conditions, thereby identifying problematic aspects and contradictions in existing judicial practice. The author provides an overview of methodological approaches used in case analysis and discuss the potential impact of these approaches on the development of competition law in the European Union. In conclusion, recommendations are made for improving legal application practices in the context of globalization and digitalization of the economy, pointing out the necessity of balancing between protecting competition and stimulating and market innovation development.
Keywords: law; antitrust law; EU competition law; article 102 TFEU, European Court of Justice, EU case law.
Bibliographic list of articles
1. Kashkin S. Yu., Zhupanov A. V. Trends in the development of EU antimonopoly policy and competition law within the European economic space // International legal readings. 2013. No. 11. P. 63-80.
2. Meshcheryakova O. M. The EU Court and the prohibition of monopolistic activities of enterprises in EU law // Legal Initiative. 2013. No. 1.
3. Bardakova V. Dominant Position and Concept of Abuse in the European Union // Journal of Eastern European. 2019. Law 70.
4. Bernard K. The AstraZeneca Decision in the General Court: Some Basic Observations and a Few Interesting Questions // Competition Policy International. 2010.
5. Dethmers F. and Dodoo N. The Abuse of Hoffmann-La Roche: The Meaning of Dominance under EC Competition Law // Review of European Competition Law. 2006.
6. Fiedziuk N. Putting services of general economic interest up for tender: Reflections on applicable EU rules // Common Market Law Review. 2013. 50.1.
7. Renato Nazzini. The Foundations of European Union Competition Law: The Objective and Principles of Article 102 (OUP 2011).
8. Geradin D. Loyalty Rebates after Intel: Time for the European Court of Justice to Overrule Hoffman-la Roche // Journal of Competition law & Economics. 2015. 11.3.
9. Moritz Lorenz. An Introduction to EU Competition Law (CUP 2013) 33.
10. Marta Zalewska-Glogowska. The More Economic Approach Under Article 102 TFEU. A Legal Analysis and Comparison with US Antitrust Law (Nomos Verlagsgesellschaft 2017). P. 102.
THEORY OF STATE AND LAW
ARTEMJEVA Irina Vasiljevna
magister student of Theory of law and public law disciplines sub-faculty of the Institute of Law of the Samara State University of Economics
KAREV Dmitriy Alexandrovich
Ph.D. in Law, associate professor of Theory of law and public law disciplines sub-faculty of the Institute of Law of the Samara State University of Economics
INVESTMENT POLICY AS A METHOD OF GOVERNMENT REGULATION
The investment policy of the state is an ambiguous phenomenon that, on the one hand, can have a positive impact on the development of the economy and the market sector of the country, while on the other hand it can have a depressing effect on various spheres and industries. Moreover, determining the directions of investment policy, the state faces an important task to ensure a balance between the interests of society and the state, as well as business entities, etc. Moreover, the correct choice of methods of state management of the market economy in the country’s investment policy can have a positive impact not only on the economic, but also on the social sphere. In this connection, the relevance of this study is justified and the need for a more detailed consideration of the state’s investment policy is determined.
Keywords: investments, public administration, market economy, investment policy.
Bibliographic list of articles
1. Burov V. Yu. Investment policy of the state as an instrument of economic growth // Bulletin of the Transbaikal State University. – 2022. – T. 28. No. 3. – P. 88-95.
2. Zagorets A. R. Features of state participation in investment policy // Theory of law and interstate relations. – 2022. – T. 1. No. 8 (28). – pp. 12-17.
3. Knyazeva A. S., Skachko D. I. Investments and investment policy of the state // In the collection: Integration of Sciences – 2022. Materials of the III International Scientific and Practical Conference. – Krasnodar, 2022. – pp. 264-271.
4. Kondaurova I. A. Investment and fiscal policy as instruments of economic security of the state // Collection of scientific works of the series “Public Administration”. – 2022. – No. 25. – P. 43-51.
5. Filatova O. A. Investment policy of the state: directions and significance // Trends in the development of science and education. – 2019. – No. 49-9. – pp. 37-39.
6. Khadueva Ya. A., Arsimerzueva M. A. Efficiency of the state investment policy and the formation of investmentabout the climate of the region // FGU Science. – 2022. – No. 2 (26). – pp. 133-138.
THEORY OF STATE AND LAW
ARKHIPKIN Igor Valerjevich
Ph.D. in economical sciences, professor of Theory and history of state and law sub-faculty of the Baikal State University, Irkutsk
THE INSTITUTION OF NECESSARY DEFENSE AS A FACTOR OF HUMANIZATION OF LEGAL RESPONSIBILITY
The article examines the institution of necessary defense in the context and humanization of legal responsibility, as well as from the perspective of respect for natural human rights, in particular, the right to life. Attention is focused on the fact that the exclusion of liability in case of necessary defense is due to the fact that the main purpose of the latter is to protect the public interests that are the object of legal protection, as well as the rights, freedoms and legitimate interests belonging to the defending person or third parties, while harming the attacker is a forced measure. It is concluded that the necessary defense represents legitimate harm to an attacker in the process of suppressing the commission of a crime, and the most important condition for the legality and validity of the necessary defense is the absence of exceeding its permissible limits.
Keywords: human rights; humanization of legal responsibility; crime; necessary defense; non-punishability.
Bibliographic list of articles
1. Kornakova S.V. On the issue of the principle of justice // Siberian criminal procedural and forensic readings. – 2014. – No. 2 (6). – pp. 64–70.
2. Jurisprudence: textbook / E. L. Baleeva, T. Yu. Epifantseva [and others]; under general ed. S. V. Kornakova, E. V. Chigrina. – Irkutsk, 2011. – 453 pp.
3. Svirin D. A. On the issue of the concept of necessary defense and its socio-legal nature // Eurasian Advocacy. – 2020. – No. 1. – P. 75–78.
4. Guseinov I. G. Necessary defense as a circumstance excluding the criminality of an act // Bulletin of the Chelyabinsk State University. – 2015. – No. 25. – P. 108-114.
5. On the application by courts of legislation on necessary defense and causing harm when detaining a person who has committed a crime: Plenum of the Supreme Court of the Russian Federation of September 27, 2012 No. 19 (as amended on May 31, 2022) // Bulletin of the Supreme Court of the Russian Federation. – 2012. – No. 11.
6. Gerasimova E. V. On the issue of the conditions for the legality of necessary defense // Current issues in the fight against crime. – 2015. – No. 2. – P. 7-11.
7. Akimochkin V.I. Necessary defense and criteria for its legality (comparative legal analysis) // Bulletin of the Moscow State Linguistic University. Education and pedagogical sciences. – 2017. – No. 1 (770). – pp. 55-72.
8. Adzhimanbetov T. A. Problems of applying the institution of necessary defense: improving the legislative framework // Theology. Philosophy. Right. – 2018. – No. 1 (5). – pp. 52-60.
9. Danilina A. S. Necessary defense as a natural human right // Siberian criminal procedural and forensic readings. – 2020. – No. 4 (30). – pp. 56-66.
10. Noodles V. L. Observance of the rights and freedoms of man and citizen under circumstances excluding the criminality of the act // Siberian criminal procedural and forensic readings. – 2019. – No. 2 (24). – pp. 25-28.
11. Verdict of the Pervomaisky District Court of Rostov-on-Don No. 1-567/2017. [Electronic resource]. – Access mode: https://sud-praktika.ru/precedent/456120.html (date of access: 02/10/2024).
12. Nikulenko A.V. Circumstances excluding criminality of an act: conceptual foundations of legal regulation: abstract. dis. … doc. legal Sci. – St. Petersburg, 2019. – 47 p.
13. Shcherbakov V. A. Kornakova S. V. Judicial discretion in criminal proceedings // Russian judge. – 2018. – No. 10. – P. 18-22.
14. Morozova L. A. Theory of state and law: textbook. – 4th ed., revised. and additional – M.: Eksmo, 2010. – 510 p.
15. Schopenhauer A. On the basis of morality // Free will and morality. – M.: Republic, 1992. – P. 125-258.
THEORY OF STATE AND LAW
VARMUND Viktoriya Vsevolodovna
senior lecturer of Notarization and civil law disciplines sub-faculty of the G. B. Mirzoev Russian University of Advocacy and Notariate
THE CONCEPT AND STRUCTURE OF LEGAL PERSONALITY IN THE THEORY OF LAW
The article provides a legal analysis of the concept of legal personality, examines the structure of legal personality in the context of the legal design of institutions of legal capacity, legal capacity. The interrelation between cognitive processes and the formation of the behavior of subjects in the legal system, material, moral motivation and lawful behavior, the recognition of false and objective information is revealed. Legal personality is considered as an inherent attributive legal quality of a legal subject.
Keywords: legal personality, subject of law, legal capacity, legal capacity.
Bibliographic list of articles
1. Bratus S.N. Subjects of civil law. – M.: Gosyurizdat, 1950.
2. Varmund V.V. Theoretical and legal aspects of legal personality // Scientific works. Russian Academy of Legal Sciences. – Issue 22. – M.: Publishing Group “Lawyer” LLC, 2022.
3. Webers Ya. R. Legal personality of citizens in Soviet civil and family law. – Riga: Zinatne, 1976.
4. Venediktov A.V. State socialist property. – M.: USSR Academy of Sciences, 1948.
5. Vitruk N.V. Problems of the theory of the legal status of the individual in a developed socialist society: dis. … doc. legal Sciences: 12.00.01. – M., 1979.
6. Ioffe O. S. Controversial issues of the doctrine of legal relations // Essays on civil law. Digest of articles. – L.: Publishing house Leningr. univ., 1957. – P. 44.
7. Philosophical Encyclopedia: in 5 volumes. T. 5 / Ch. ed. F.V. Konstantinov. – M.: Sov. Encyclopedia, 1970.
8. Shigabutdinova A. L. Legal personality and implementation of law: dis. …cand. legal Sciences 12.00.01. – Kazan, 2011. – P. 51.
9. Black D. J. On Law and Institutionalization // Sociological Inquiry. – 1970. – No. 40.
10. Genn H. Understanding Civil Justice / Hazel Genn // Current Legal Problems. – 1997. – No. 69.
11. Teruo K. Wellens K. Public Interest Rules of International Law: Towards Effective Implementation. – United Kingdom: Ashgate Publishing Limited, 2009.
THEORY OF STATE AND LAW
DEMIDOV Alexander Vladimirovich
Ph.D. in Law, associate professor, Deputy Head of Theory and history of state and law sub-faculty of the St. Petersburg University of the MIA of Russia
DUSHKINA Ekaterina Vladimirovna
Ph.D. in Law, associate professor of Legal studies sub-faculty of the St. Petersburg State University of Architecture and Civil Engineering
THE MEANING AND UNDERSTANDING OF LAW IN THE CONCEPT OF THE RULE OF LAW
The article considers the formation of the idea of legal statehood, as well as the characteristics of the basic principles and features of the rule of law in its modern understanding.
The political systems of various states are currently described as legal states, law-abiding states, social states, and democratic legal states. It is mainly noted that legal States are characterized by the fact that power is exercised on the basis of principles established by law that regulate the behavior of all subjects. Such a State acts on the basis of the law and within its limits. The above statement corresponds to the understanding of a law-abiding state. The rule of law is formally characterized by functioning on the basis and within the framework of the law, while its substantive dimension means that the law is binding on everyone. This description is not enough to characterize the rule of law in a State governed by the rule of law. It is only a fragment of an even broader concept of a democratic State governed by the rule of law.
Keywords: democratic rule of law, rule of law, legitimacy, legalism, rule of law, principles of a law-abiding state, the principle of trust in the state and the law.
Bibliographic list of articles
1. Fatikhov R. F. Formation of the idea of a legal state in ancient political thought // Humanitarian, socio-economic and social sciences. – 2014. – No. 5-1. – pp. 179-182.
2. Bayishova S. R., Meshcherina Ya. V. Formation of the idea of the rule of law in ancient political thought // Science. Education. Innovations: Current state of current problems: a collection of scientific papers based on the materials of the II International Scientific and Practical Conference, Anapa, April 11, 2022. – Anapa: Limited Liability Company “Research Center for Economic and Social Processes” in the Southern Federal District, 2022. – P. 5-9.
3. Tyugashev E. A. At the origins of the ideologeme of the rule of law: Cicero on the state as a legal community // Current problems of the formation of the rule of law in the Russian Federation: Materials of the VII All-Russian Scientific and Practical Conference, Neftekamsk, November 17, 2017. – Neftekamsk: Bashkir State University, 2017. – P. 217-221.
4. Aquinas Thomas. Sum of Theology. Part 2-1. Questions 90-114. – Kyiv, 2010. –432 p.
5. Batiev L.V. Law, justice and law in European philosophy (from antiquity to modern times) // Bulletin of the Moscow State Regional University. – 2013. – No. 4. – P. 496.
6. Frolova E. A. Political and legal theory of W. Occam // Law and state: theory and practice. – 2018. – No. 3 (159).– pp. 65-68.
7. Malikova A. Kh. Evolution of the theory and practice of legal and social states and their relationship in historical development // State and Law. – 2009. – No. 10. – P. 36-41.
8. Milovanov K. Yu. The rule of law in the philosophical and historical discourse of the Enlightenment // Professional education and society. – 2019. – No. 1 (29). – pp. 12-53.
9. Lazarev V.V. Interpretation of law: classics, modern and postmodern // Journal of Russian Law. – 2016. – No. 8 (236). – pp. 15-28.
10. Galeeva R. F., Galeeva G. R. On the discussion about the rule of law in modern Russia // Tatishchev Readings: Current Problems of Science and Practice. materials of the XIX International Scientific and Practical Conference: in 2 volumes – Togliatti, 2023. – pp. 60-65.
11. Mol Robert. The science of police according to the principles of the legal state / Transl. from 3rd ed. R. Sementkovsky. Vol. 1. – St. Petersburg: print. V. I. Golovina, 1871. – 23 p.
THEORY OF STATE AND LAW
KOROBOVA Aleksandra Petrovna
Ph. D. In Law, associate professor of Theory of law and public law disciplines sub-faculty of the Samara State University of Economics
LEONTJEV Andrey Vladimirovich
postgraduate student of the Samara State University of Economics
ON TRENDS IN LEGAL POLICY RESEARCH IN SOVIET LEGAL SCIENCE
This study substantiates the approach to periodization in the study of legal policy problems in accordance with which periods of the development of the Russian state and law stand out in political history: the pre-revolutionary period, the Soviet period, the post- Soviet period. The idea is expressed that the nature of the study of this phenomenon of legal reality is conditioned primarily by the development of political and legal reality in our country. The article pays special attention to the Soviet period of development of Russian legal science, which is characterized by a number of features. Thus, in the almost complete absence of discussions regarding the definition of the concept of legal (legal) policy, its nature, essence and priorities, its individual varieties are studied in great detail, in particular, criminal law policy, law-making policy, and the forms of implementation of legal strategy are actively investigated.
Keywords: politics, law, political system, political power, legal policy, legal strategy, legal policy, policy of law.
Bibliographic list of articles
1. Kistyakovsky B. A. The reality of objective law // Philosophy and sociology of law. – St. Petersburg, 1998.
2. Koldaeva N.P. Socio-political factors of law-making // Scientific foundations of Soviet law-making / Responsible. ed. R. O. Halfina. – M., 1981.
3. Kudryavtsev V. N. Law and jurisprudence. – M., 1978.
4. Theory of state and law: textbook / Rep. ed. A. I. Korolev and L. S. Yavich. L., 1987.
5. Fedorov N.V. Legal policy of the Soviet state (issues of history, theory, practice): Abstract of thesis. dis. …cand. legal Sci. – M., 1985.
THEORY OF STATE AND LAW
MOKHOV Alexander Anatoljevich
Ph.D. in Law, Professor, Chief Researcher of the Center for Scientific Research of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia)
MARKINA Alena Yurjevna
Ph.D. in medical sciences, associate professor, professor of Medical law sub-faculty of the O. E. Kutafin Moscow State Law University (MSAL)
FACTORS OF MENTAL SECURITY UNDER GLOBALIZATION
In a difficult geopolitical situation, the importance of the national security system and its structural element – mental security – increases. The system of methods for ensuring mental security represents a wide range of measures aimed at protecting the most important social institutions. The main factors of mental safety are presented. An analysis of possible factors for ensuring mental security was carried out, such as the prospects of key aspects of ensuring mental security, as well as the need to increase their viability. Organizational and legislative decisions are required on the legal regulation of guidelines for ensuring mental safety. A timely and systematic response to new challenges and threats to mental security through the national idea, legal regulation of the global Internet, censorship, and public diplomacy will make it possible to effectively counter the challenges and threats to mental security that arise in Russia.
Keywords: globalization, national security, mental security factors, national idea, lawmaking.
Bibliographic list of articles
1. Anisimova A. S. Legal regulation of the Internet: main gaps and areas of government activityva // Legal Bulletin of the Dagestan State University. – 2020. – No. 33 (1). – pp. 149-153.
2. Baisheva M.I. Spiritual and moral priority of education in the conditions of mental terrorism // Fundamental Research. – 2013. – No. 4. – P. 1842-1846.
3. Butkevich S. A. Prevention of threats to mental security: legal, criminological and psychological-pedagogical tools // Scientific notes of the Crimean Federal University named after V. I. Vernadsky. Legal sciences. – 2021. – T. 7. No. 2. – P. 310-322
4. Gorbatova N.V. Censorship and information security in the modern world of political dimension // Management consulting. – 2012. – No. 2 (46).
5. Grishanina T. A. The mechanism of public diplomacy of the Russian Federation: directions of activity in the context of the analysis of foreign policy concepts of the Russian Federation // International relations. – 2020. – No. 4. – P. 60-71.
6. Dvoryankin O. A. Information war on the Internet // Young scientist. – 2021. – No. 6 (348). – pp. 146-151.
7. Efimchuk A. N. Censorship as a way to ensure security in the Russian Federation // Synergy of Sciences. – 2018. – No. 26. – P. 791-802.
8. Zhirkov G.V. History of censorship in Russia in the 19th-20th centuries. – M.: Aspect Press, 2001. – 487 p.
9. Ilnitsky A. M. Strategy of mental security of Russia // Military Thought. – 2022. – No. 4. – P. 24-35.
10. Mezhuev V. M. Humanitarian science and ideology // Russian humanities: genesis and state. Materials of the scientific seminar. Vol. 2. – M., 2007. – P. 28.
11. Obrinskaya E. K. Potential and prospects for the development and improvement of the state mechanism for ensuring mental security of the Russian Federation // Scientific notes of the Crimean Federal University named after V. I. Vernadsky. Legal sciences. – 2022. – 8. No. 1. – P. 347-352.
12. Orlov I. B. The national idea of Russia as a mechanism of spiritual mobilization and civilizational identity // World and Politics. – 2010. – No. 7. – P. 79-85
13. Salmin A. M. The myth of history and the history of myth. Instead of an introduction // National idea: history, ideology, myth. – M., 2004. – P. 4.
14. Shishkin I. S. Information security and censorship // Information and analytical magazine “FACT”. – 2001. – No. 9.
15. Khomeriki V. Public diplomacy as an important factor in the world order. – Text: electronic // ruskline.ru: [website]. – 2015. – April 14. [Electronic resource]. – Access mode: https://www.gazeta.ru/politics/https://ruskline.ru/special_opinion/2015/04/obwestvennaya_diplomatiya_kak_vazhnyj_faktor_miroustrojstva/ (date of access: 03.30.2024).
THEORY OF STATE AND LAW
NIKITINA Valentina Sergeevna
assistant of Theory of law and state sub-faculty of the Patrice Lumumba Peoples’ Friendship University of Russia
ARKHIPOVA Anastasiya Kirillovna
student of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
KHASIEVA Kheda Lom-Alievna
student of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
WOMEN’S RIGHTS IN ISLAM IN THE CONTEXT OF THE PRINCIPLE OF EQUALITY
The article considers general approaches of Islamic law to the set of human rights and standards of their protection. The authors analyze the problem of women’s rights in the context of the general legal principle of equality of human beings, which is fundamental, regardless of any signs for both liberal political-legal thought and Islamic law. Emphasis is placed on the empowerment of Muslim women with specific natural rights and their legal status in specific legal systems.
Keywords: Legal status of women, principle of equality, Islamic law, sharia.
Bibliographic list of articles
1. Abdullah bin Abdel Muhsin at-Turki. Islam and human rights. Example of the Kingdom of Saudi Arabia. – Riyadh, 1996. – 190 p.
2. Syukiyanen L. R. Syukiyanen L. R. Islam and human rights in the dialogue of cultures and religions. – M.: Sadra LLC, 2014. – 212 p.
3. Aziz A. Firm Level Decisions and Human Resource Development in an Islamic Economy, in Ahmed E. (ed.) Economic Growth and Human Development in an Islamic Perspective: Proceedings of the Fourth International Islamic Economics Seminar, Issues in Contemporary Islamic Thought. – Herndon, VA: The International Institute of Islamic Thought, 1992. – Pp. 45-59.
4. Pfeifer K. Islam and Labor Law: Some Precepts and Examples // Economics: Faculty Publications, Smith College. – Northampton, MA, 2006.
5. Uddin A. T. Women’s Rights in Islamic Law: The Immutable and the Mutable, in Abdo G. (ed.) Islam and Human Rights: Key Issues for Our Times. – Atlantic Council, 2017.
6. Female circumcision has nothing to do with Islam // United Nations: [website]. – [Electronic resource]. – Access mode: https://news.un.org/ru/interview/2019/02/1348581 (date of access: 03/17/2024).
THEORY 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 DESTRUCTIVE ROLE OF THE MEDIA AND POPULAR CULTURE IN POLITICS AND LAW
The article systematizes and analyzes the research of Russian and foreign authors on the issues of the destructive role of the media in the information society, the historical background and features of this process in modern Russia; attention is drawn to the thematic continuity of domestic works in relation to the works of the founders of the theory of informatization and information society; various aspects of this destructive role in modern Russia are analyzed; attention is paid to the problems of countering the spread of historical mythology by the media, which has a destructive impact on the formation of the legal consciousness of citizens; conclusions are drawn about the prospects for the influence of the media in modern realities for the future of Russia.
Keywords: information society, information, civil society, manipulation of consciousness, legal education, rule of law, informatization, information and communication technologies, legal propaganda, legal consciousness, the media, the destructive role of the media.
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) // Information and legal portal “Garant”. [Electronic resource]. – Access mode: https://www.base.garant.ru/10103000/ (date of access: 03/19/2024).
2. Fundamentals of state policy of the Russian Federation in the field of development of legal literacy and legal consciousness of citizens (approved by the President of the Russian Federation on April 28, 2011 No. Pr-1168) // Electronic fund of legal and regulatory technical documents. [Electronic resource]. – Access mode: http://www. docs.cntd.ru/document/902288529 (date of access: 03/19/2024).
3. Abramov Yu. F. Picture of the world and information: philosophical essays. Irkutsk: Irkutsk University Publishing House, 1998. 318 pp.
4. Agapov A. B. Fundamentals of federal information law of Russia. M.: Economics, 1995. 230 pp.
5. Bachilo I. L., Kopylov V. A., Kurilo A. P. On the problems of legislation in the field of information, informatization and information security // Problems of informatization. 1995. Vol. 1. pp. 3-5.
6. Bechmann G. Modern society: risk society, information society, knowledge society. M.: Logos, 2010. 248 pp.
7. Weber M. Motives of social action / Selected articles. prod. / Per. with him. Comp. and afterword by Yu. N. Davydov. Preface by P. P. Gaidenko. M.: Progress, 1990. 824 pp.
8. Veblen T. Theory of the leisure class. M.: Book house “Librokom”, 2011. 368 pp.
9. Dergacheva E. A. Technogenic society and the contradictory nature of its rationality. Bryansk: Publishing house of Bryansk State Technical University. 2005. 219 p.
10. Drucker P. The era of rupture. Guidelines for our changing society. M.: Williams, 2007. 324 p.
11. Zhdanov V. S., Khabarov V. S. Electronic commerce // Information society. 1999. No. 5. P. 35-42.
12. Zemlyanova L.M. Foreign communication studies on the eve of the information society: an explanatory dictionary of terms and concepts. M.: Moscow State University Publishing House, 1999. 302 p.
13. How are you living, Russia? Express information. 53rd stage of sociological monitoring, June 2023: [bulletin] / V.K. Levashov, N.M. Velikaya, I.S. Shushpanova [and others]. M.: FNISC RAS, 2023. 91 p.
14. Kara-Murza S. G. Manipulation of consciousness. M.: Algorithm, 2000. 736 pp.
15. The concept of “knowledge society” in modern social theory: a collection of scientific works. M.: INION RAS, 2010. 234 p.
16. Lenin V.I. VIII Congress of the RCP (b) // Report on the party program on March 19, 1919 / Complete. collection op. T. 38. M., 1990. 340 pp.
17. Nazarov M. M. Mass communication and society. Introduction to research theory. M.: Avanti plus, 2003. 428 pp.
18. Pantin V.I., Lapkin V.V. Philosophy of historical forecasting: rhythms of history and prospects for world development in the first half of the 21st century. Dubna: Phoenix+, 2006. 448 pp.
19. Parinov S.I. Economics in the information society // Information society. 1999. No. 2. P. 33-43.
20. Stepin V. S. Theoretical knowledge. M.: Progress-Tradition, 2000. 744 pp.
21. Webster F. Theory of the information society. M.: Aspect Press, 2004. 400 pp.
22. Yakusheva I. P. Modern youth movements as a factor in the activation of political consciousness in Russian society: dis. …cand.watered Sci. M., 2007. 180 pp.
THEORY 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
MEDIATION IN LAW: FEATURES OF LAW ENFORCEMENT PRACTICE IN THE RUSSIAN FEDERATION
The main objective of any conciliation procedure is to assist in resolving a dispute without trial. Mediation as one of the ways to solve the problem has excellent prospects. Despite its insignificant history within Russian law, the procedure is quite well implemented in the domestic legal system. With a qualitative improvement in legislation, mediation in the judicial system of the Russian Federation will firmly consolidate its position.
Keywords: mediation, legal institution, mediator, conciliation agreement, dispute regulation, judicial law enforcement practice.
Bibliographic list of articles
1. Federal Law “On an alternative procedure for resolving disputes with the participation of a mediator (mediation procedure)” dated July 27, 2010 No. 193-FZ. – [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_103038/ (date of access: 03/11/2024).
2. Abolonin V. O. Judicial mediation: theory, practice, prospects. – M.: Inforopik Media, 2014. – P. 5.
3. Maslennikova L.V., Telesheva Yu.A. Institute of mediation in the Russian Federation: problems and prospects // Young scientist. – 2017. – No. 13. – P. 462-464.
4. Mediation: Textbook / Ed. A. D. Karpenko, A. D. Osinovsky. – St. Petersburg: Editorial office of the magazine “Arbitration Court”; M.: Statute, 2016. – P. 147.
5. Resolution of the Oktyabrsky District Court of Lipetsk dated February 29, 2016 No. 1-135/2016 in case No. 1-135/2016 // Oktyabrsky District Court of Lipetsk. – [Electronic resource]. – Access mode: https://sudact.ru/regular/doc/zBvuecx4j8lc/ (access date: 03/11/2024).
6. “Resolving life disputes and conflicts: how the metropolitan network of mediation services works.” – 03/17/2021. – [Electronic resource]. – Access mode: https://www.mos.ru/news/item/87903073/ (date of access: 03/12/2024).
7. Samokhvalov N. A. Conceptual ideas and model of the institution of mediation in modern Russia // Lawyer. – 2015. – No. 2. – P. 39.
8. Pavlovsky A. Mediation in Russia. Why do they so rarely resort to mediation before disputing parties go to court? – 09.11.2020. – [Electronic resource]. – Access mode: https://zakon.ru/blog/2020/11/09/mediaciya_v_rossii_pochemu_do_obrascheniya_sporyaschih_storon_v_sud_oni_tak_redko_pribegayut_k_proce (access date: 03/12/2024).
THEORY OF STATE AND LAW
ALOEV Kantemir Vladimirovich
postgraduate student at the Law Institute of the Patrice Lumumba Peoples’ Friendship University of Russia
APPROACHES TO THE DEFINITION OF THE CONCEPTS OF “DEVOLUTION” AND “REGIONALIZATION”: THEORETICAL AND COMPARATIVE LEGAL RESEARCH
Research problem: in the legal literature the concepts of “devolution” and “regionalization” have been known for a long time, however, despite numerous studies on this topic, to date there has not been a clear specification of the conceptual and categorical apparatus, as a result of which questions arise about their relationship – what is the difference between “devolution” and “regionalization”. The content of these theoretical concepts often depends on the national specifics of each state, and the approach to their interpretation may vary depending on the patterns of their historical development and the peculiarities of their political and legal nature. The purpose of the study is to define the concepts of “devolution” and “regionalization” and to identify the correlation of their content based on the comparative legal method. Tasks: to deduce the content of the concept of “decentralization” and correlate it with related concepts; to identify the features of the genesis of the phenomena of devolution and regionalization; on the basis of a comparative study of normative legal acts regulating the order of devolution and regionalization, to explain the processes of functioning of mechanisms for the decentralization of law-making powers in the course of the historical and legal development of states. Research methodology: the historical and legal method is used to analyze the process of formation and development of legal regulation of individual forms of decentralization; the formal legal method allows us to study the legal nature, categories and legal construction of forms representing the decentralization of law-making powers; The comparative legal method helped to identify identical and characteristic aspects of related legal institutions, processes and forms of decentralization that exist in different legal systems through comparison and comparative analysis.
Keywords: decentralization, devolution, regionalization, subnational units, subjects of competence, delegation of authority, decentralized legal regulation.
Bibliographic list of articles
1. Jeffery C. Uniformity and diversity in policy provision: insights from the US, Germany and Canada // Adams J and Robinson P eds Devolution in Practice: Public Policy Differences within the UK. – Institute for Public Policy Research (IPPR) and the Economic and Social Research Council (ESRC). – London, 2002. – pp. 176-197.
2. Vasilyeva T. A. Modern forms of state-territorial structure: constitutional regulation in foreign countries // SKO. – 2010. – No. 2 (75). – P. 21.
3. MacKinnon D. Devolution, state restructuring and policy divergence in the UK // Geographical Journal. – 2015. – No. 181(1). – Pr. 47-56.
4. Ezhevsky D. O., Eshinmaeva-Shagdarova E. T., Kokorev I. V., Chikhladze L. T., Chupanov A. S. Municipal law of foreign countries. Theory and modern practice: textbook. for university students studying in the field of study “Jurisprudence” / ed. Eremyan I. V. – M.: UNITY-DANA, 2017. – P. 61.
5. Nozdrachev E.V. The concept of devolution in the modern history of Great Britain // Scientific notes of OSU. Series: Humanities and social sciences. – 2015. – No. 5. – P. 55.
6. Niklaus A. A. Decentralized European unitary states: trajectories of evolution // Bulletin of Moscow University. Series 12. Political sciences. – 2022. – No. 4. – P. 27-28.
7. Kasatkina N. M., Leshchenkov F. A., Pilipenko A. N., Shtatina M. A. et al. Decentralized bodies and institutions in the system of executive power of foreign states: scientific and practical guide / resp. ed. Pilipenko A. N. – M.: IZiSP: Norma: INFRA-M, 2022. – P. 17-22.
8. Irkhin I. V. The principle of subsidiarity: in search of a balance between centralization and decentralization (state legal aspect) // Current problems of Russian law. – 2020. – T. 15. – No. 11. – P. 164.
9. Kilinkarov P. L. Administrative decentralization: essence, elements, principles (experience of individual countries of Eastern Europe) // Constitutional and municipal law. – 2023. – No. 5. – P. 48-51.
10. Rakitskaya I. A. Regionalization in Denmark in the light of political transformations in Europe (exemplified by changes in the legal status of autonomies in Greenland and the Faroe Islands) // Journal of Law and Administration. – 2017. – No. 1. – R. 23.
11. Arteev S.P. Theoretical aspects of the activities of substate actors in international relations // Vestn. Volume. state un-ta. – 2017. – No. 419. – P. 94.
12. Novikov A. V. The problem of political compromise on the future of devolution: a comparative analysis of the election manifestos of Scottish parties // Society: politics, economics, law. – 2016. – No. 5. – P. 47-48.
13. Khakimov R. S. Russian federalism in the conditions of socio-political transformation. – Kazan: Institute of History of the Academy of Sciences of the Republic of Tajikistan, 2009. – P. 42.
14. Umnova I. A. Problems of deferralization and prospects for optimizing the modern Russian model of delimitation of subjects and powers in the context of the doctrine of subsidiarity // Comparative constitutional review. – 2012. – No. 2 (87). – P. 47.
15. Bogatyreva O. N. Decentralization processes in European countries // Electronic supplement to the Russian Legal Journal. – 2018. – No. 2. – P. 16.
16. Molchakov N. Yu. Doctrinal approaches to the definition of devolution in British state science / N. Yu. Molchakov // Law is a phenomenon of civilization and culture: Materials of the II International Scientific Conference, Moscow, March 29–30, 2019 / Rep. editor M.V. Nemytin. Volume II. – M.: Peoples’ Friendship University of Russia (RUDN), 2020. – P. 292-293.
17. Aloev K.V. Regionalization and the system of local government in the Kingdom of Denmark // Evolution of Law 2019–2020: Collection of student works of the scientific conference of the Faculty of Law of Moscow State University / Compiled by A.V. Nektov and others – M.: MAKS Press, 2022. – P. 11.
THEORY OF STATE AND LAW
KUZNETSOV Artemiy Alexandrovich
student of the 4th course of the Financial University under the Government of the Russian Federation
THE NATURE OF PRIVATE PROPERTY RIGHT: IS IT NATURAL?
In this work, the essence of the right of private property of a person is analyzed for its naturalness. The points of view of various domestic and foreign authors on this issue are presented, both supporters and opponents of the theory of the natural origin of this right. The natural approach to understanding property rights is criticized. It is concluded that it is unacceptable to classify the right of private property as a group of natural rights. Theauthor’s concept of the system of natural human rights is proposed.
Keywords: property right, natural rights, private property, theory of natural law, positive law, normative theory of law
Bibliographic list of articles
1. Batiev L.V., Hugo Grotius on natural law in the broad and narrow senses // Philosophy of Law. 2013. No. 5 (60). pp. 2-16.
2. Grotius G. On the law of war and peace. M., 1994
3. Declaration of Independence // Congress, July 4, 1776. Adopted unanimously by the thirteen United States of America. [Electronic resource]. – Online mode: http://www.hist.msu.ru/ER/Etext/indpndnc.htm
4. Declaration of the Rights of Man and the Citizen of France (adopted by the deputies of the Estates General on August 24, 1789). [Electronic resource]. – Online mode: http://cuf.spbu.ru/PDF/2016/doc2.pdf (date of access: 02.12.2024).
5. Marx K., Engels F. Works / T. 40-50. Ed. 2nd. M.: Publishing house of political literature, 1975-1981. (date of access: 02/12/2024).
6. Nersesyants V. S. Philosophy of Law. Textbook for universities. Aristotle // online library “WikiReading”. [Electronic resource]. – Online mode: https://fil.wikireading.ru/52536 (date of access: 02.12.2024).
7. Nersesyants V. S. Philosophy of Law. Textbook for universities. Grotius // online library “WikiReading”. [Electronic resource]. – Online mode: https://fil.wikireading.ru/52545 (date of access: 02.12.2024)
8. Nersesyants V. S. Philosophy of Law. Textbook for universities. Locke // online library “WikiReading”. [Electronic resource]. – Online mode: https://fil.wikireading.ru/52548 (date of access: 02.12.2024).
9. Nersesyants V. S. Philosophy of Law. Textbook for universities. Rousseau // online library “WikiReading”. [Electronic resource]. – Online mode: https://fil.wikireading.ru/52550 (date of access: 02/12/2024).
10. Proudhon P. J. “What is property?” or “An Inquiry into the Principle of Law and Power.” [Electronic resource]. – Online mode: https://clck.ru/DUDCW (date of access: 02.12.2024).
11. Ragimova A. A. Natural legal approach to understanding property rights // Bulletin of the Dagestan State University. Series 3: Social Sciences. 2010. Issue. 2. pp. 63-65.
12. Frolova E. A., Theory of natural law (historical and theoretical aspect) // Bulletin of Moscow University. Episode 11. Law. 2013. No. 2. P. 71-77.
THEORY OF STATE AND LAW
NIKISHIN Vladimir Alexandrovich
postgraduate student of the Finance and Industry University “Synergy”, Moscow
SANCTION FOR VIOLATION ON TECHNICAL AND LEGAL NORMS IN THE RUSSIAN LEGAL SYSTEM
The article analyzes sanctions in violation of technical and legal norms in new branches of Russian law. Numerous accidents and catastrophes caused by violations of technical and legal norms make the issue of sanctions extremely relevant. Based on the analysis, the article provides the most common sanctions in the event of severe consequences. The conclusion is made about the ambiguity of the sanctions applied in individual cases. The role of forensic expertise in the application of sanctions is given.
Keywords: technical and legal norms, accidents and catastrophes, severe consequences, sanctions, forensic examination.
Item-by-item bibliography
1. Mining law: textbook / I. V. Izyumov, V. I. Karasev, M. I. Cleandrov, I. R. Saliev (etc.); resp. ed. I. A. Larochkina, R. N. Salieva. – M.: LLC “PravoTEK”, 2010. – 504 p.
2. Ryasny S.I. Commissioning of nuclear power plants. – M.: MPEI Publishing House, 2016. – 424 p.
3. Fundamentals of mining law. Part 1. Subject, sources and principles of mining law in Russia: textbook / Ed. V. D. Melgunova. – Moscow: Prospekt, 2023. – 160 p.
4. Kovaleva N.V. Technical and legal regulation of industrial production of the Russian Empire in the 19th – early 20th centuries. Dissertation of Doctor of Law. – Moscow, 2015. – 358 p.
5. Pchelkin A.V. Technical and legal norms in modern Russia (problems of theory and practice). Dissertation of a candidate of legal sciences. – Nizhny Novgorod, 2004. – 194 p.
6. Cherdantsev A.F. Technical and legal norms in Soviet law: Dissertation of a candidate of legal sciences. – Sverdlovsk, 1963. – 243 p.
7. Gazeta.RU // Maxim Borisov “The tower was built without cranes, without scaffolding”: how Shukhov’s hyperboloid appeared in Moscow. – [Electronic resource]. – Access mode: www. gazeta.ru (date of access: 04/01/2024).
8. Kommersant // Nikolay Sergeev “Its management was condemned for the disaster at the Sayano-Shushenskaya hydroelectric power station.” – [Electronic resource]. – Access mode: www.kommersant.ru (date of access: 04/01/2024).
9. Russian newspaper // Sergey Zykov “Rostechnadzor named the perpetrators and the causes of the accident at the Sayano-Shushenskaya HPP” 10/05/2008. – [Electronic resource]. – Access mode: www.rg.ru (date of access: 04/01/2024).
10. Forbes // Katya Zagvozdkina “Two Rostechnadzor employees were arrested after the collapse at the Pioneer mine.” – [Electronic resource]. – Access mode: www.forbes.ru (date of access: 04/03/2024).
HISTORY OF STATE AND LAW
AKHTAMYANOV Ruslan Rinatovich
senior lecturer of Fire and tactical special training sub-faculty of the Ufa Law Institute of the MIA of Russia
MILYUTIN Roman Viktorovich
lecturer of Fire training sub-faculty of the Voronezh Institute of the MIA of Russia
NIKITIN Konstantin Igorevich
senior lecturer in Fire training sub-faculty of the Krasnodar University of the MIA of Russia
THE HISTORY OF THE DEVELOPMENT OF CORRECTIONAL INSTITUTIONS (PENITENTIARY INSTITUTIONS) IN DIFFERENT PERIODS AND EPOCHS OF THE HISTORY OF RUSSIA
The article is devoted to the development of correctional institutions (penitentiary institutions) in different historical periods of Russian history, starting from state and monastic prisons in the Old Russian and Russian centralized state and ending with correctional and educational colonies, prisons and pre -trial detention centers (SIZOs) in the Russian Federation. The relevance of the topic is explained in the analysis of the features of the creation and development of the Russian system and types of correctional institutions against the background of various riots and strikes taking place over the past few years. To study the history of the formation of correctional institutions and their types, the article uses historical, comparative, statistical and logical methods of scientific research.
Keywords: state, penitentiary institutions, correctional institutions, prison system, penal enforcement system, legislation.
Bibliographic list of articles
1. Bill of Rights / O. E. Ivanova, V. V. Lopatin (ed.), I. V. Nechaeva, L. K. Cheltsova. – 2nd ed., rev. and additional – M.: Russian Academy of Sciences. Institute of Russian Language named after V.V. Vinogradov, 2020. – 526 p. – [Electronic resource]. – Access mode: https://ru.wikipedia.org/wiki/ (date of access: 02.12.2023).
2. Fedoseev V.I. On the history of the formation of legislation on prisons in the Moscow State (XVI – XVII centuries) // Bulletin of the Samara Legal Institute. – 2021. – P. 75-80. – [Electronic resource]. – Access mode: https://spbu.fsin.gov.ru/history/index.php?ELEMENT_ID=61462 (date of access: 02/11/2023).
3. Nazarov I.G. Formation and development of the prison system in Russia in the 15th-19th centuries // Politics, state and right Electronic scientific and practical journal. – [Electronic resource]. – Access mode: https://politika.snauka.ru/2013/04/716// https://cyberleninka.ru/article/n/vidy-tyurem-funktsionirovavshih-v-rossiyskom-gosudarstve-na-razlichnyh-etapah -istoricheskogo-razvitiya (date of access: 02/11/2023).
4. “Criminal Executive Code of the Russian Federation” dated 01/08/1997 No. 1-FZ (as amended on 06/24/2023) (as amended and supplemented, entered into force on 12/11/2023). – [Electronic resource]. – Access mode: https://www.consultant.ru/document/ (date of access: 02/13/2023).
HISTORY OF STATE AND LAW
BALAGURA Olga Valentinovna
Ph.D. in Law, associate professor, associate professor of Theory and history of law and the state sub-faculty of the Crimean branch of the Russian State University of Justice, Simferopol
KIYAN Marina Sharifovna
Ph.D. in Law, associate professor, associate professor of Theory and history of law and the state sub-faculty of the Crimean branch of the Russian State University of Justice, Simferopol
KHUTKO Tatiana Vladislavovna
Ph.D. in Law, associate professor, associate professor of Theory and history of law and the state sub-faculty of the Crimean branch of the Russian State University of Justice, Simferopol
THE PRACTICE OF LEGAL REGULATION OF STATE-CONFESSIONAL RELATIONS IN THE RUSSIAN EMPIRE AT THE END OF THE XVIII-XIX CENTURIES
The authors conducted a retrospective analysis of the legal mechanisms, principles, and priorities in the field of regulation of state-confessional relations developed by the Russian Empire. Using the example of the Tauride province, it was revealed that Russian policy was of a pragmatic and compromise nature, taking into account historical and cultural traditions, established rules of communication among the population of the multinational and multi-confessional composition of the region. At the legislative level, the Government ensured the protection of the rights and legitimate interests of national minorities, developed legal norms regulating the organization and activities of local national and religious organizations, and childrenermined their legal status, in particular, the Armenians of the Roman Catholic faith, the Mohammedan clergy, and the Karaite community.
Keywords: Russian Empire, Tauride province, religious organization, confessional relations, legal regulation, incorporation.
Bibliographic list of articles
1. Volodina N.V. Legal systems of state-confessional relations. – M.: New Index, 2009. – 476 p.
2. Kanevsky K. G. Legal regulation of state-confessional relations in the Russian Federation: abstract of thesis. … candidate of legal sciences: 12.00.01 / Ross. acad. justice. – M., 2004. – 26 p.
3. Volodina N.V. Political and legal concept of state-confessional relations in the Russian Federation: (project) // Modern law. – 2009. – No. 6. – P. 22-27.
4. Results of the population census in the Crimean Federal District: official publication / Federal State Statistics Service. – M.: IRC “Statistics of Russia”, 2015. – 279 p.
5. Kiyan M. Sh., Khutko T. V. Historical and legal study of the foundations of the organization and functioning of the judiciary in Crimea as part of the Russian Empire (late 18th – early 19th centuries) // Russian Justice. – 2021. – No. 3. – P. 56-62.
6. Kutafin O. E. Russian autonomy. – M.: Prospekt, 2006. – 768 p.
7. Krasnyakov N.I. Modernization of imperial institutions of power in Russia in the 18th – early 19th centuries. // Legal research. – 2013. – No. 10. – P. 149-174. – [Electronic resource]. – Access mode: https://nbpublish.com/library_read_article.php?id=9767.
8. Khutko T.V. Main directions of activity of the Karasubazar Roman Catholic Court // Scientific notes of the Tauride National University named after. V. I. Vernadsky. Series “Legal Sciences”. – T. 25 (64). – 2012. – No. 1. – P. 332-341.
9. Tur V. G. Features of the revival of the Armenian-Catholic community of Karasubazar at the end of the 18th century // MAIET. – Simferopol, 2009. – No. 15. – P. 561-572.
10. Khutko T.V. Local self-government of the Armenian-Catholic community of Karasubazar at the end of the 18th – mid-19th centuries // Ethnocultural and interconfessional relations in Crimea: a collection of scientific works / Ed.-comp. V. G. Tur / Crimean branch of the Institute of Oriental Studies named after. A. E. Krymsky National Academy of Sciences of Ukraine. – Simferopol: Antikva, 2012. – 240 p.
11. Balagura O. V., Prokhorov D. A., Tur V. G. Historical features and modern problems of ethnocultural and ethnopolitical processes in Crimea: monograph / Ed. ed. Doctor of History A. I. Aibabina. – Simferopol: publishing house “Antikva”, 2012. – 156 pp.
12. Zavadovsky A. G. One hundred years of life of Tavrida. – Simferopol: Tauride Provincial Printing House, 1885. – 324 p.
13. Aleksandrov I.F. About the Muslim clergy and the management of Muslim affairs in Crimea after its annexation to Russia // ITUAC. – 1914. – No. 51. – P. 207-221.
14. Kiyan M. Sh., Khutko T. V. Formation and development of the imperial judicial system in Crimea at the end of the 18th – beginning of the 19th centuries. // Eurasian legal journal. – 2022. – No. 34 (167). – pp. 97-100.
15. Arapov D. Yu. System of state regulation of Islam in the Russian Empire (last third of the 18th – early 20th centuries). – M.: MPGU, 2004. – 288 p.
16. Prokhorov D. A. Legal foundations of the organization of confessional self-government of the Karaites in the late XVIII – first half of the XIX centuries. // Scientific notes of the Crimean Federal University named after V.I. Vernadsky Legal sciences. –2015. – No. 1. – P. 76-88.
HISTORY OF STATE AND LAW
GABDRAKHMANOV Farit Vadutovich
Ph.D. in Law, associate professor, associate professor of Criminal law and process sub-faculty of the Mari State University, Yoshkar-Ola
REPORTING IN THE SOVIET PROSECUTOR’S OFFICE IN THE EARLY YEARS OF ITS ACTIVITY (1922-1925)
The article examines the issues of the organization of reporting in the prosecutor’s office in 1922-1925. It was formed in two relatively independent structures: the People’s Commissariat of Justice of the RSFSR and, since 1923, in the Prosecutor’s Office of the Supreme Court of the USSR. The latter were the final recipients of the prosecutors’ reports.
Reporting, as a rule, consisted of reports from prosecutors at all levels, reports on areas of activity and monthly statements. It was compiled within the competence of the employees responsible of the prosecutor’s office with the involvement of technical staff and was provided to higher-ranking prosecutors in the order of subordination.
In the reports, it was necessary to disclose the organization of the prosecutor’s office, personnel issues, etc. They were accompanied by questionnaires and a list of assistant prosecutors with an assessment of the compliance of each with his appointment, copies of minutes of meetings of meetings on combating crime.
The prosecutors were required to reflect in the reports information on the number of responsible and technical employees of the prosecutor’s office, on the situation of judicial and investigative bodies in the province, on measures taken by the gubernatorial executive committee, the gubernatorial court and the prosecutor’s office to improve the financial situation of justice workers.
It is concluded that in the Soviet prosecutor’s office in the early years of its activity quarterly reporting prevailed, and it was, as a rule, organizational and personnel in nature.
Keywords: Moscow Prosecutor’s office, prosecutor’s reports, 1922-1925.
Bibliographic list of articles
1. Gabdrakhmanov F.V. Prosecutor’s Office of the Mari Autonomous Region: formation and main areas of activity (1922-1924). Yoshkar-Ola, 2007. 260 pp.
2. Glushkov V. S., Gabdrakhmanov F. V. Law and court in the context of history and modernity. Yoshkar-Ola: String, 2008. 719 p. – ISBN 978-5-91716-008-5. – EDN QRFWIV.
3. Mukhamedov R. A., Chigrin M. V. Staffing of the prosecutor’s office of the Simbirsk (Ulyanovsk) province in 1922-1928 // Scientific dialogue. 2023. T. 12. No. 2. P. 417-435. – DOI 10.24224/2227-1295-2023-12-2-417-435. – EDN ZWXTBO. P. 424
4. Senin I. N. On the issue of the relationship between the categories “type” and “form” in the theory of state and law // Law and state: theory and practice. 2021. No. 8 (200). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/k-voprosu-o-sootnoshenii-kategoriy-vid-i-forma-v-teorii-gosudarstva-i-prava (date of access: 03/09/2024).
5. Khatov E. B. Information and analytical activities of the Russian prosecutor’s office: genesis and evolution // Russian Journal of Legal Research. 2018. T. 5. No. 2 (15). pp. 187-193. – EDN YAUTIL.
6. Khayali R.I. Regulatory and legal support for the scientific organization of labor, office work and reporting in the Soviet prosecutor’s office (1920-1930) // Scientific notes of the Crimean Federal University named after V.I. Vernadsky. Legal sciences. 2021. T. 7. No. 2. P. 87-94. – DOI 10.37279/2413-1733-2021-7-2-87-94. – EDN RZAWWV.
7. Tarnavsky E. On the issue of introducing new judicial reporting // Socialist legality. 1923. No. 36. P. 824. [Electronic resource]. – Access mode: http://elib.uraic.ru/bitstream/123456789/3375/1/sovetskaya_yustitsiya_1923_36.pdf (access date: 12/10/2023).
HISTORY OF STATE AND LAW
EPIFANOV Alexander Egorovich
Ph.D. in Law, professor, Chief Researcher of the Department for the Study of Problems of the History of the MIA of Russia Research Center of the Academy of Management of the MIA of Russia
ON THE PROBLEM OF CHILD TRAFFICKING IN HISTORICAL RETROSPECT
In this article, child trafficking is considered as a complex international problem that has become particularly relevant against the background of increasing negative trends and global risks in the context of rapidly accelerating technological changes and economic uncertainty. The author of the article presents the results of a review analysis of the factors contributing to child trafficking in the context of historical retrospect. The study of the causes of the emergence and development of modern forms of slavery is of fundamental importance for the development of policies and programs to counteract at all levels of civil society such a destructive social phenomenon as child trafficking.
Keywords: child trafficking, slavery, determinants, childhood, law, law.
Bibliographic list of articles
1. Bravaya R. M. Protection of motherhood and infancy in the West and in the USSR: Historical essay. – Moscow: State. honey. publishing house, 1929. – 261 pp.
2. Digidiki, V., J. Bhabha, K. Connors, H. Cook, C. Galez-Davis, C. Hansen, M. Lane, S. Laursen, and L. Wong, 2023. From Evidence to Action: Twenty years of IOM child trafficking data to inform policy and programming. FXB Center for Health and Human Rights at Harvard University, Boston and International Organization for Migration (IOM), Geneva.
3. Jew P. Civil status of women since ancient times. Translation from French by Professor Yu. Gambarov. Book business. – Moscow, 1902. – 478 p.
4. Nigmatullin R.V., Suleymanova R.R. Coordination of the efforts of states in the fight against modern challenges and threats // Eurasian Legal Journal. – 2020. – No. 11 (150). – pp. 428-431. – DOI 10.46320/2073-4506-2020-11-150-428-431.
5. Faucher Leon (1803–1854). Essays on England / Op. Leona Faucher; Per. Dementyev and Khlebnikov. – St. Petersburg: Society “Community.” Benefit”, 1862. [6]. – 553 pp.
6. Sztompka P. Sociology. Analysis of modern society: Trans. from Polish CM. Chervonnaya. – M.: Logos, 2005. – 664 p.
7. Zifei Zhang. Child Trafficking and Child Protection: A Case Study of China // Journal of Social Science and Humanities. – Volume 5. – Issue 45. – 2023. – R. 158-163.
HISTORY OF STATE AND LAW
TITOV Vladimir Yurjevich
Ph.D. in historical sciences, associate professor of the Moscow State Technical University of Civil Aviation (Irkutsk branch)
DISCUSSIONS ON THE RIGHT OF SOCIAL PROTEST IN SOVIET LEGISLATION, THROUGH THE PRISM OF PERSONALITY IN ARCHIVAL COLLECTIONS OF RUSSIA (THE SOVIET PERIOD)
The article examines archival materials from Russia concerning discussions in Soviet and Soviet-era party organizations about options for norm-setting through social protests and other ways of communist legislation. The funds of the leaders of the party, the central media and writers’ organizations are considered.
Keywords: social protest, sacred and desacral moods, protest moods, discussions.
List of unpublished sources and their abbreviations
RGASPI – Russian State Archive of Socio-Political History
1. Fund (f.17) – Central Committee of the USSR
2. Fund (82) – Molotova V.I.
RGANI – Russian State Archive of Contemporary History
1. Fund (f.5) of the CPSU Central Committee
2. Fund (f. 72) of the Ideological Commission under the CPSU Central Committee
3. (f.89) Collection of declassified materials
4. (f.96) Editorial fund of the newspaper “Soviet Russia”
RGVA – Russian State Military Archive
1. Fund of the Political Administration of the Red Army
RGALI – Russian State Archive of Literature and Art
1. Fund (f. 600) – a collection of documents “Human Documents”, edited by the magazine “Crocodile”
CDOOSO – Documentation Center for Public Associations of the Sverdlovsk Region
1. Fund (f. 4) – collection of cases of rehabilitated persons
2. Fund (f. 41) collection of cases on show trials
3. Fund (f. 376) – collection of files of dissidents
TsGAAOSO – Central State Archive of Administrative Organizations of the Sverdlovsk Region
1. Fund (f. R-1) collection of cases of repressed citizens
GANO – State Archive of the Novosibirsk Region
1. Fund (f.P-5419) collection of cases of repressed persons
GATO – State Archives of the Tomsk Region
1. Fund (f. 5598) – E.K. Ligacheva.
GANIIO – State Archive of Contemporary History of the Irkutsk Region
1. Fund (f.1) – Irkutsk provincial committee and regional committee
GAPC – State Archives of Primorsky Krai
1. Fund (f. 1521) – a collection of declassified cases of repressed persons
2. Fund (f. 1287) – authorized by the Commission of People’s Control under the USSR Council of Ministers
Archive of Sakharov A.D. – A.D. Foundation Sakharov.
HISTORY OF STATE AND 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 Civil and private international law sub-faculty of the Volgograd State University
LEGAL BASES OF CONTRACTUAL REGULATION OF PROPERTY RELATIONS BETWEEN SPOUSES IN HISTORICAL RETROSPECT
The article evaluates legal agreements between spouses in historical retrospect. The authors of the manuscript conditionally distinguish seven periods of transformation of legal regulation of marriage and family relations: pre-Christian (before 988), post-Christian (988 – XII c.), fragmentation of Russia into separate principalities (XII c. – end of the XV century), the formation of a single Russian centralized state (end of the XV century – XVII century), the existence of the Russian Empire as a state (1721-1917), Soviet (1917-1991), modern ( from 1992 to the present).
Keywords: marriage contract, property of spouses, legislation, Book of Corms, Russian Pravda, CLRE, USSR.
Bibliographic list of articles
1. Izutina S.V., Shchankina L.N. Marriage agreement in Russia: essence and features of application // Issues of Russian and international law. – 2020. – No. 4-1.
2. Pozdnyakova V.V. Formation and development of the institution of marriage contract // Legal fact. – 2019. – No. 46.
3. Filippova T. A., Gromozdina M. V., Titarenko E. P. Formation and development of the institution of agreements in family law // Bulletin of Omsk State University. Series. Right. – 2021. – No. 1.
4. Shershenevich G. F. Textbook of Russian civil law. − M.: Publishing house “SPARK”, 1995.
5. Shchankina L. N. Legal regulation of the marriage contract in Russia: history and modernity // Economics. Right. Society. – 2021. – No. 4 (28).
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
NORMAN THEORY IN POLITICS AND LAW
The theoretical position of the Norman theory is that people from the Scandinavian people contributed to the creation of a monarchical type state among the Slavs, due to their inability to create such a thing. Currently, this theory is a controversial issue among scientists and researchers of the past era. The idea of the theory is to form the prerequisites for the creation of statehood in Ancient Rus’, the countries of Europe and England, and it also offers an option for what imprint the Varangians left in history. The purpose of this study is to examine the provisions of this theory and identify the consequences of its influence on the legal and political system.
Keywords: Normanism, Varangians, Rus’, law, theory, politics, formation of the ancient Russian state.
Bibliographic list of articles
1. Norman theory. Pros and cons. – [Electronic resource]. – Access mode: https://dzen.ru/a/XfrRvLuJLACv_kZD.
2. Satushev D.I., Ryumin D.D., Sarankin I.A. Norman theory and the formation of Russian statehood. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/normanskaya-teoriya-i-stanovlenie-rossiyskoy-gosudarstvennosti/viewer.
3. The Norman theory is a historical problem with political implications. – [Electronic resource]. – Access mode: https://news.ru/history/normannskaya-teoriya-istoricheskaya-problema-s-politicheskim-podtekstom/
4. Why is England’s own Norman theory so important? – [Electronic resource]. – Access mode: https://e-vesti.ru/ru/pochemu-dlya-anglii-tak-vazhna-sobstvennaya-normanskaya-teoriya.
5. Fomin V.V. The beginning of Rus’ in the works of M.V. Lomonosov. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/nachalo-rusi-v-trudah-m-v-lomonosova/viewer.
6. Norman theory: how the state appeared. – [Electronic resource]. – Access mode: https://nomad.su/?a=15-201802140018.
7. Daniel Christopher England. History of the country. – [Electronic resource]. – Access mode: https://history.wikireading.ru/215235.
8. Fomin V.V. Norman theory and its scientific failure. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/normanskaya-teoriya-i-ee-nauchnaya-nesostoyatelnost/viewer.
HISTORY OF STATE AND LAW
IVANCHENKO Stanislav Viktorovich
postgraduate student of History and theory of state and law sub-faculty of the Tauride Academy of the V. I. Vernadsky Crimean Federal University, Simferopol
PRINCIPLES OF INDEPENDENCE AND APPOINTABILITY OF JUDGES IN THE OFFICE OF PODESTA IN ITALY OF THE XI-XIV CENTURIES
The article considers the peculiarities of implementation of the principles of independence and appointability of judges in relation to the institution of podestà that existed in medieval Italy. It is revealed that the activity of the podestà at the first stages of existence was ensured by the implementation of the principle of independence of judges in the implementation of various forms of vesting the podestà with power, including the power to administer justice. It was established that these forms included the appointment and election of the podesta, as well as a mixture of these forms, which took place in cities with signorial regimes with strong republican traditions. It is also found that the decline in the importance of the podesta in Italian cities is associated with the intensification of the process of separation of judicial power from administrative power, the specialization of courts and the professionalization of judges. The study concludes that the decline of the podestà in northern Italy is primarily due to the spread of corruption that is accompanied by the decline of republican ideas in Italy and the spread of signorial regimes.
Keywords: podesta, the principle of independence of judges, the principle of appointment of judges, vicars, podestat, medieval Italy, Italian republics, signoria, city-republics, signorial regime.
Bibliographic list of articles
1. Stern L. I. The criminal law system of medieval and Renaissance Florence. – Baltimore: Johns Hopkins University Press, 1994. – 286 p.
2. Donaver F. La storia della repubblica di Genova. – Genova: Tolozzi, 1967. – 225 p.
3. Wielka Historia Świata – Późne średniowiecze. T. 5. / Baczkowski K., Wróbel P., Olszewski W., Mruk W., Hauziński J., Quirini-Popławska D., Smołucha J., Stopka K., Sroka S., Waśko A., Pod red. Krzysztofa Baczkowskiego. – Kraków: FOGRA, 2005. – 744 s.
4. Kovaleva M.V. Signoria Varano in Camerino in the XII – early XIV centuries //Scientific notes of Oryol State University. Series: Humanities and social sciences. – 2016. – No. 1 (70). – pp. 32-41.
5. Vitiello J. C. Public Justice and the Criminal Trial in Late Medieval Italy. – Leiden: Brill, 2016. – 219 p.
6. Dean T. Commune and despot: The commune of Ferrara under Este rule, 1300-1450. // ity and Countryside in Late Medieval and Renaissance Italy: Papers presented to Philip Jones. – London: Hambledon, 1994. – P. 183-197.
7. Gamberini A. La Citta Assediata: Poteri E Identita Politiche a Reggio in Eta Viscontea // City and Countryside in Late Medieval and Renaissance Italy: Papers presented to Philip Jones. – Roma: Viella, 2003. – 360 RUR
8. Goldthwaite R. A. The Economy of Renaissance Florence. – Baltimore: Johns Hopkins University Press, 2009. – 649 p.
9. Krasnova I. A. Cultural reflections on the nobility of the family and the nobility of the individual in Florence at the turn of the XIII-XIV centuries // Cursor Mundi: man of Antiquity, the Middle Ages and the Renaissance. – 2017. – No. 9. – P. 64-77.
10. Dmitrieva M.I. Siena chroniclers of the XIV-XV centuries. On the history of the city commune // Cursor Mundi: a man of Antiquity, the Middle Ages and the Renaissance. – 2010. – No. 3. – P. 29-44.
11. Gregorovius F. History of the city of Rome in the Middle Ages (from the V to the XVI centuries). – M.: Publishing house “ALFA-KNIGA”, 2008. – 1278 p.
HISTORY OF STATE AND LAW
IVANOV Alexander Anatoljevich
postgraduate student of the Samara State University of Economics
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
ABOUT THE GENESIS OF LAW IN THE WORKS OF S. S. ALEKSEEV
The article examines the features of the formation of the legacy of the Soviet jurist S.S. Alekseev from the point of view of the concepts conveyed by the author in his writings. In this sense, it is proposed to talk about the special legal and philosophical-legal content of the legal ideology of Alekseev S.S. Within the framework of a special legal approach, the author revealed the problems of law as a set of analysis within the framework of law (dogma) and its instrumental apparatus (theory). The philosophical and legal approach was based on the understanding of law, on the one hand, as a universal human value through which the progress of society can be measured, and on the other, as an instrument ensuring the protection of human rights. At the same time, the emphasis on the philosophical and legal nature of law is explained by the transition to the post-Soviet period of development, when the dignity of the individual and his life acquire a special value that requires attention and protection.
It is noteworthy for the scientist that despite the positivist approach he shares, he reveals in detail the ideals and meanings that determine law. At the same time, it is worth noting two key features that, to one degree or another, are invariably revealed in the works of the author in various periods of his work. This is a statement about the importance of law as a repository of subjective rights and freedoms of a human worker, as well as the principle of legal education and legal culture, which ensure the rule of law in symbiosis.
Keywords: legal education, legal culture, special legal and philosophical legal methodology, dogma and theory of law, law as a “repository” of subjective workers’ rights, formational and civilizational approach, ideology of Marxism, political and legal environment and public relations.
Bibliographic list of articles
1. Zelepukin R.V., Yarkina A.I. Evolution of ideas about the relationship between law and interest in the works of S.S. Alekseev // Formation and development of the legal profession: the legacy of generations (dedicated to the memory of front-line lawyers). Collection of scientific papers of the All-Russian Scientific and Practical Conference. Rep. editor O. V. Moiseeva. – Tambov, 2021. – pp. 20-24.
2. Pankova O. V. Main directions of research of mechanisms in law in modern scientific doctrine // Bulletin of VSU. Series: Law. – 2020. – No. 1 (40). – P. 66-80.
3. Semitko A. P. S. S. Alekseev – legal thinker: stages of life and creative path // Rule of law: theory and practice. – 2019. – No. 4 (58). – P. 72-81.
4. Senin I. N. On the relationship between the categories “Mechanism of legal regulation” and “Legal technology” // Siberian Legal Review. – 2020. – No. 1. – P. 17-21.
5. Sirotkina K. D. Formation of principles of dispositivity in criminal proceedings: the role of the works of S. S. Alekseev // Questions of Russian justice. – 2023. – No. 26. – P. 394-401.
6. Suleymanov B.B. Dogma of law, or some reflections on the position of S.S. Alekseev // Legal culture. – 2021. – No. 1 (44). – pp. 99-107.
7. Tonkov E. N. Historical Persianperspective of Russian legal realism // Proceedings of the Institute of State and Law of the Russian Academy of Sciences. – 2020. – No. 6. – P. 27-45.
8. Shipitsin O. A. Philosophical understanding of law in the teaching of S. S. Alekseev // Legal science. – 2021. – No. 3. – P. 33-36.
CONSTITUTIONAL LAW
ALIEVA Zulfiya Ibragimovna
associate professor of Constitutional and international law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
ALIEVA Liana Fikretovna
magister student of Constitutional and international law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
THE EVOLUTION OF THE INSTITUTION OF CITIZENSHIP IN RUSSIA (GENERAL CHARACTERISTICS)
Historical analysis allows us to identify the most optimal options for the legal perspective in the present time. The study of the rights and responsibilities of citizens helps to trace the evolution of the institution of citizenship and reflects shifts in relation to migration processes and cultural diversity. Understanding the institution of citizenship will also allow us to analyze past mistakes and adapt best practices for modern and effective governance mechanisms, including immigration policies. In medieval Russia, the concept of citizenship was inextricably linked to membership in the landing class. After the formation of the Russian Empire, the principles of citizenship depended on social status and privileges. During the Soviet period, the concept of citizenship was ideologized; in the post-Soviet and modern periods, citizenship is a legal connection between an individual and the state, which determines the scope of mutual rights and obligations.
Keywords: nationality, citizenship, restoration of citizenship, grounds for acquiring citizenship, reintegration, naturalization.
Bibliographic list of articles
1. Abazova N.I. Legal basis for canceling the decision to acquire citizenship of the Russian Federation // Young scientist. – 2023. – No. 11 (458). – pp. 217-219.
2. Demyanets M.V., Ponizova E.V. Current trends in the development of legislation on citizenship of the Russian Federation // Agrarian land law. – 2023. – No. 12 (228). – pp. 110-113.
3. Drogavtseva E. A. Abolition of reintegration as a stage in the formation of the institution of citizenship in Russia // Collection of scientific works dedicated to the activities of scientific schools of the St. Petersburg University of the Ministry of Internal Affairs of Russia and dedicated to the 25th anniversary of its formation. Compiled by: O. I. Gorodovaya, O. S. Kravchenko, A. A. Zhavoronkova. – St. Petersburg, 2023. – pp. 397-404.
4. Kobets P. N. Development of legislative framework regulating the legal status of foreign citizens in pre-revolutionary Russia in the 18th-20th centuries. // Russian Journal of Economics and Law. – 2022. – T. 16. No. 4. – P. 790-807.
5. Ponizova E. V. Deprivation of citizenship in the Soviet period // Proceedings of the Institute of State and Law of the Russian Academy of Sciences. – 2013. – No. 6. – P. 120-126.
6. Chistyakov O. I., Kutyina G. A. Reader on the history of the national state and law: a textbook for academic undergraduates; 3rd ed., rev. and additional – M.: Yurayt Publishing House, 2019. – 396 p.
7. Taranina O. V. Historical formation of the institution of citizenship // Young scientist. – 2020. – No. 21 (311). – pp. 384-393.
CONSTITUTIONAL LAW
ISMAILOVA Patimat Akhmedovna
private practicing lawyer
PUBLIC CENSURE AS A MEASURE OF INFLUENCE (PUNISHMENT) AND PREVENTION IN ORDINARY AND PUBLIC LAW, PROBLEMS OF CORRELATION
The article analyzes the forms of participation of representatives of the public, the Council of Elders in maintaining law and order, using the example of the application of public censorship provided for by the norms of law and customs, using the example of the custom of handing over the “Baton of Correction” as an external materialized form of a measure of influence – public censorship. Their common features are shown: a single, mutually complementary preventive, preventive potential, and an identical name. It is discussed that the norms of customs can regulate public relations that are not included in the subject of legal regulation, while preventing violations of legal requirements. It is noted that the use of public censorship provided for by the norms of customary law is permissible, not instead of what is provided for by legal norms, but along with and additionally, performing an auxiliary role, and sometimes a compensatory function to maintain order .
Keywords: public censure, legal norms, legal customs, Council of Elders, commission on juvenile affairs, friendly court, court of officer honor, criminal record.
Bibliographic list of articles
1. Lazarev S.V. “Non-Western” alternative methods of resolving disputes // Arbitration and civil process. 2020. No. 2.
2. Semyanov E.V. About legal responsibility, or Not a word about responsibility // Business Security. 2022. No. 3.
3. Fedorov A.V. Criminal liability for corporate crimes in the People’s Republic of China // Russian investigator. 2022. No. 10.
CONSTITUTIONAL LAW
RUDAKOVA Olga Nikolaevna
adjunct of the Faculty of Training Scientific and Scientific-pedagogical personnel of the Academy of Management of the MIA of Russia
THE DEVELOPMENT OF THE IDEAS OF NATURAL LAW IN THE WORKS OF RUSSIAN JURISTS OF THE LATE XIX – EARLY XX CENTURY
The article examines the contribution to the development of the natural law doctrine of Russian jurists of the late nineteenth and early twentieth centuries. The author cites various points of view of legal scholars such as V. S. Solovyov, B. N. Chicherin, B. A. Kistyakovsky, N. A. Berdyaev, P. I. Novgorodtsev and E. N. Trubetskoy. The conclusion is made about the importance of their contribution to the development of natural law doctrine. The relevance of the ideas of legal scholars in the modern world is also noted.
Keywords: natural rights, personality, values, Russian jurists, natural law doctrine.
Bibliographic list of articles
1. Berdyaev N. A. About slavery and human freedom. – M., 2023. – 394 p.
2. Vergazova S.G. Philosophical views of V.S. Solovyov: textbook / St. Petersburg University for railway transport engineers. – St. Petersburg: PIIT, 1993. –S. 17.
3. Dubatovka Yu. Yu. Natural law in the works of B. N. Chicherin and Vl. Solovyova // Bulletin of MSTU. – 2006. – No. 1. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/estestvennoe-pravo-v-trudah-b-n-chicherina-i-vl-solovieva (date of access: 03/05/2024).
4. Zhukov V. N. Revived natural law in Russia at the end of the 19th – beginning of the 20th centuries: socio-political function and ontological basis // State and Law. – 2001. – No. 4. – P. 99–106.
5. Kistyakovsky B. A. Legal and socialist state // Questions of philosophy and psychology. – 1906. – November-December. – pp. 473-490.
6. Kistyakovsky B. A. Philosophy and sociology of law. – St. Petersburg, 1999. – 360 pp.
7. Lapaeva V.V. Formation of the doctrine of protection of individual rights as an urgent task of the theory of law // Russian justice. – 2006. – No. 4. – P. 14-31.
8. Novgorodtsev P.I. About the social ideal / P.I. Novgorodtsev. – M., 1990. – 441 p.
9. Struve B. P. V chem zhe istinnyi natsionalizm [What is True Nationalism]. Struve B. P. Izbrannye sochineniya – Selected Works. – Moscow, ROSSPEN Publ., 1999. – Рp. 14–15.
10. Trubetskoy E. N. Encyclopedia of Law. – St. Petersburg: Legal. Int.; 1998. – 183 pp.
11. Chicherin B. N. Philosophy of Law. – M.: Typolithography of the Partnership of I. N. Kushnerev, 1900. Book. 2. Law – 312 p.
ADMINISTRATIVE LAW
BELYAKOVICH Elena Vasiljevna
Judge of the Commercial Court of Central District, Candidate of Legal Sciences, Ph.D. in Law, doctoral student of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
ON THE EXTENSION OF THE ADMINISTRATIVE PROCEDURE TERM
Time frame regulation of legal relations in administrative procedure involves time management mechanisms in the administrative process, one of which is the extension of the administrative procedure term. Such time management tools ensure the effectiveness of the administrative process. The issue under consideration is explored through the lens of the integrative concept of the administrative process. A definition is proposed for the category of ‘extension of administrative procedure term’. Various legislative formulations for extension of the administrative procedure term are examined, and instances where such extensions are prohibited are noted. A classification of extensions of the administrative procedure term is presented. The conditions that allow for time management in the administrative process through the extension of the administrative procedure term are identified. The variations in objectivation of the outcome of discussions on extending the term under consideration are explored. The aspects of challenging decisions made by public administration bodies and courts to extend the administrative procedure term are discussed. It is noted that there is no unified procedure for extending the term in administrative procedural law.
Keywords: term, temporality, administrative procedural law, administrative process, legal process, time.
Bibliographic list of articles
1. Zelentsov A. B., Kononov P. I., Stakhov A. I. Administrative process as a type of legal process: modern problems of understanding and legal regulation // Bulletin of St. Petersburg University. Right. – 2018. – T. 9. Issue. 4. – pp. 501-521.
ADMINISTRATIVE LAW
VLASOVA Elena Lvovna
Ph.D. in pedagogical sciences, associate professor of Administrative law and administrative activities of the department of internal affairs sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk
DOBROV Alexey Nikolaevich
Ph.D. in Law, associate professor of Administrative law and administrative activities of the department of internal affairs sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk
THE EMERGENCE AND DEVELOPMENT OF THE PRINCIPLE OF PRESUMPTION OF INNOCENCE
The article is devoted to the analysis of the historical and legal aspect of the emergence and development of the principle of the presumption of innocence from the laws of Hammurabi to the present day, it can be discussed that this provision has gone through a difficult path of development, has undergone a radical change, nevertheless, has been enshrined in legislation. Modern researchers note the principle of the presumption of innocence as part of the general system of principles in Russia, but in administrative legislation it is reflected in a very specific way, transforming the legal terms. Now the legislator does not assume, does not consider, but immediately asserts the guilt of a person by introducing the term “is” into circulation, which contradicts the principles of democratic legal proceedings. The authors focus on the historical transformations that have occurred, including the semantic change in the content of the principle of the presumption of innocence. While expressing their agreement with the legislator in principle, they nevertheless make their own proposals to fill the principle of the presumption of innocence with new meaning.
Keywords: presumption of innocence, principles of law, evaluation of evidence, administrative offense, technical and legal means.
Bibliographic list of articles
1. Barabash A. S. Essay on the development of the theory of the presumption of innocence in Russia // Russian Legal Journal. – 2020. – No. 1. – P. 9-37.
2. Vasiliev L. M. Presumption of innocence of the accused in the history of Russian law. – Volgograd: Publishing house Volgogr. Institute of Economics, Sociol. and rights, 2003. – 247 p.
3. Gushchina L. I. Problems of recognition of psychophysiological research using a polygraph in criminal proceedings of the Russian Federation // Criminal policy and the principle of the presumption of innocence of the accused in the history of Russian law. – 2021. – No. 1. – P. 359-369.
4. Protasov V. N. Presumption of innocence: legal nature and social significance // Russian and international law: general and special. – 2019. – No. 1. – P. 188-191.
5. Khegai L. Does the Law have a soul? // Soul of the law. Depth psychology about law, lawyers and jurisprudence. – M.: Gorodets, 2016. – 204 p.
ADMINISTRATIVE LAW
EVSEEV Kirill Nikolaevich
postgraduate student of Administrative and financial law sub-faculty of the Russian Customs Academy, Lyubertsy
RETROSPECTIVE ANALYSIS OF EVOLUTION OF POWERS OF CUSTOMS AUTHORITIES OF THE RUSSIAN FEDERATION RELATED TO APPLICATION OF ADMINISTRATIVE RESPONSIBILITY FOR THE CURRENCY VIOLATIONS IDENTIFIED DURING THE CURRENCY CONTROL
The article is devoted to the historical review of the practice of application by customs authorities of administrative responsibility for violations of currency legislation during the foreign trade. The main stages of development of customs authorities’ powers in this area, starting from the 1990s to the present time, are highlighted. Main issues of law enforcement practice of customs authorities that took place at a certain stage are analyzed. Competence of customs authorities regarding violations of currency legislation identified during the currency control is reviewed. The retrospective analysis of the legal nature of administrative violations, related to the competence of customs authorities, is carried out. The issues of correlation between administrative violations of currency legislation and violations of customs rules in the context of currency and customs regulation are touched upon.
Keywords: currency control, customs authorities, administrative responsibility, currency transactions.
Bibliographic list of articles
1. Kozhukhanov. N. M. On the issue of the theoretical and legal foundations of the administrative and jurisdictional activities of customs authorities // Journal “Onsociety and state.” 2023. No. 3 (43). pp. 60-65. DOI: 10.24412/2224-9125-2023-3-60-65.
2. Kozhukhanov N. M. Customs authorities in the system of executive authorities: a collection of materials from the XI International Scientific and Practical Conference “Customs Service of Russia: priorities, opportunities, prospects.” Moscow, 2020. pp. 34-37.
3. Kozhukhanov N. M., Pulin A. O. Trends and features of proceedings in cases of administrative offenses within the competence of customs authorities // Customs Affairs. 2023. No. 4. P. 25-28.
4. Lipatova N. G., Somov Yu. I., Kozhukhanov N. M., Bobrova O. G., Gladkov A. R., Tarasov N. A., Novikov S. V., Ketsba B. I., Zhereben E.V., Tsypranyuk S.Yu., Neudakhin V.S. Security of the Russian Federation in the customs sphere: monograph. Moscow, 2019. 192 pp.
5. Milyakina E. V. Export of capital: legislation and practice of its application // Legislation and economics. 2005. No. 3. P. 62-66.
ADMINISTRATIVE LAW
KOVALEVSKAYA Olga Yurjevna
competitor of the Institute of Law of the Pacific State University, Khabarovsk
LEGAL FRAMEWORK AND PRINCIPLES OF APPLYING INFORMATION TECHNOLOGIES IN COURTS
The article is devoted to the analysis of information classification based on criteria of accessibility in the context of Russian legislation. Key categories of information resources defined by Federal Laws No. 149-FZ and No. 262-FZ, regulating the procedure for handling, disseminating, and using information in the Russian Federation, are considered. The main focus is on aspects of legal regulation aimed at protecting the interests of both individuals and society as a whole, ensuring public safety, and balanced distribution of information resources. The article identifies and describes four main categories of information: information for free dissemination, information exchanged on the basis of mutual agreement, information with limited access, and information whose distribution on the territory of the Russian Federation is restricted or prohibited.
Keywords: information classification, Russian legislation, information resources, access to information, limited access, legal regulation, public safety, information protection.
Bibliographic list of articles
1. Alekseeva G. A., Matisov A. V. Classification of information and units of information // Informatics in philosophical and social aspects: Collection of articles by undergraduates and teachers of KuzSTU. – Kemerovo: Kuzbass State Technical University named after. T.F. Gorbachev, 2017. – pp. 37-45.
2. Aleshkova I. A., Molokayeva O. Kh. Judicial power in the conditions of the new information reality // State and law in the new information reality. – 2018. – No. 1. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sudebnaya-vlast-v-usloviyah-novoy-informatsionnoy-realnosti (date of access: 03.22.2024).
3. Bryantseva O. V., Soldatkina O. L. Electronic justice in Russia: problems and solutions // Bulletin of the O. E. Kutafin University. 2019. No. 12 (64). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/elektronnoe-pravosudie-v-rossii-problemy-i-puti-resheniya (date of access: 03.22.2024).
4. Vasilyeva E. S. The influence of information technologies on the formation and development of the judicial system in the Russian Federation // Legal policy and legal life. – 2013. – No. 1. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/vliyanie-informatsionnyh-tehnologiy-na-stanovlenie-i-razvitie-sudebnoy-sistemy-v-rossiyskoy-federatsii (date of access: 03.22.2024).
5. Poskryakov R. S. The use of artificial intelligence in judicial activities // Ogarev-Online. – 2019. – No. 16 (137). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ispolzovanie-iskusstvennogo-intellekta-v-sudebnoy-deyatelnosti (date of access: 03/22/2024).
6. Khabrieva T. Ya., Chernogor N. N. Law in the conditions of digital reality // Journal of Russian Law. – 2018. – No. 1 (253). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/pravo-v-usloviyah-tsifrovoy-realnosti (date of access: 03.22.2024).
ADMINISTRATIVE LAW
SEIDOV Gamzat Zakirovich
postgraduate student of Administrative and financial law sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
FEATURES OF LEGAL SUPPORT FOR INFORMATION SECURITY OF MINORS ON THE INTERNET USING THE EXAMPLE OF RUSSIA AND THE EU
The scientific article analyzes the features of information security of minors on the Internet, emphasizing several aspects that specify the need for special protection of part of our society. After all, teenagers, as a rule, do not have a critical perception of information, which ultimately leads to the establishment of false values, and as a result, to the possible commission of illegal acts, as well as suicide, etc. Therefore, the international community within the UN is developing appropriate regulations aimed at preventing minors from receiving destructive information.
Meanwhile, in Russia there are a number of regulatory legal acts aimed at the information security of minors on the Internet, as well as in the European Union (which is the integration of a number of European countries), where at the supranational level legal norms aimed at preventing teenagers from receiving illegal information. It is stated that the EU experience regarding the possible identification of a person when accessing certain websites may be useful for Russia. Moreover, when borrowing this experience, it is necessary to take into account the rights of individuals, taking into account the confidentiality of information.
Keywords: minors, information security, Internet, destructive information, ensuring the safety of minors in Russia, ensuring the safety of minors in the Council of Europe.
Bibliographic list of articles
1. Kovalev O. G., Skipidarov A. A. Legal regulation of the implementation of cybersecurity strategy in the states of the European Union // Stolypin Bulletin. – 2021. – T. 3. No. 2.
2. Lavelina V.S. Characteristics and features of the European Union // Education and Law. – 2022. – No. 2. – P. 89-90.
3. Makasheva M. N. Criminogenic influence of the Internet on the criminal behavior of minors // StudNet. – 2020. – T. 3. No. 3. – P. 403-406.
ADMINISTRATIVE LAW
FARIKOVA Ekaterina Alexandrovna
Ph.D. in Law, associate professor of Administrative and financial law sub-faculty of the North Caucasus branch of the Russian State University of Justice, Krasnodar
ADMINISTRATIVE RESPONSIBILITY OF ARBITRATION MANAGERS
The article discusses the theoretical and legal grounds for the administrative responsibility of arbitration managers. The study analyzes the features and problems of the legal status of arbitration managers in relation to administrative and tort legal relations. It has been established that administrative liability is traditionally considered as an independent type of legal liability, which has its own factual and legal grounds. The comprehensive analysis made it possible to conclude that the administrative responsibility of arbitration managers is of an intersectoral and complex nature, since it is regulated both by the norms of the Administrative Code of the Russian Federation and the provisions of Law No. 127-FZ.
Keywords: administrative liability, arbitration manager, administrative offense, bankruptcy procedure, creditor.
Bibliographic list of articles
1. Shishkina E. V. Administrative responsibility of an arbitration manager for failure to submit an application for subsidiary liability // Current issues of public law at the present stage of state development: Collection of materials of the All-Russian scientific and practical conference with international participation among students, undergraduates and graduate students / Responsible. ed. M. R. Gilyazetdinov. – Perm, 2021. – P. 240.
2. Kravchenko A. A. Implementation of the principle of good faith in the field of insolvency (bankruptcy): legal issues: abstract. dis. …cand. legal Sci. – M., 2020. – P. 17.
ADMINISTRATIVE LAW
YUNEVA Viktoriya Andreevna
adjunct of the Faculty of Training Scientific, Pedagogical and Scientific-Methodical Personnel of the V. Ya. Kikot Moscow University of the MIA of Russia
THE LEGAL BASIS FOR THE INTERACTION OF THE MEMBER STATES OF THE EURASIAN ECONOMIC UNION IN THE IMPLEMENTATION OF LEGAL ASSISTANCE IN CASES OF ADMINISTRATIVE OFFENSES
Legal assistance in cases of administrative offenses is an important component of the interaction of state bodies of the EAEU member states endowed with administrative and jurisdictional powers. It seems that this regulatory consolidation is, of course, another step towards the harmonization of administrative and tort legislation of the EAEU member states, as well as strengthening the positions of international cooperation.
Keywords: administrative and tort legislation, EAEU member states, harmonization, integration, administrative offenses, legal assistance in cases of administrative offenses, legal interaction.
Bibliographic list of articles
1. Nesterova A.V. Legal assistance in cases of administrative offenses and other types of legal assistanceand // International law and international organizations. – 2021. – No. 2. – P. 68-76.
2. Babchenko Yu. A. Legal assistance in cases of administrative offenses: new vectors of international cooperation of the Ministry of Internal Affairs of Russia / Yu. A. Babchenko // Current issues of public law at the present stage of state development: Collection of materials of the All-Russian scientific and practical conference with international participation among students, undergraduates and graduate students, Perm, December 24, 2020 / Rep. editor M. R. Gilyazetdinov. – Perm: Perm Institute of the Federal Penitentiary Service, 2021. – pp. 24-27.
ADMINISTRATIVE LAW
ALEXANDROV Grigoriy Dmitrievich
postgraduate of the Institute of Economics, Management and Law of the Moscow City Pedagogical University
THE LEGAL BASIS FOR REGULATING THE INTERACTION OF THE CITY OF MOSCOW AND OTHER SUBJECTS OF THE RUSSIAN FEDERATION
The article discusses topical issues of interregional cooperation of the city of Moscow, as well as the forms of such interaction. Using the example of the activities of the Government of Moscow as the highest executive authority of the city of Moscow, the mechanism of interregional interaction, as well as examples of such interaction, is considered. Special attention is paid to the scientific and legal consolidation of the concept of interaction of the subjects of the Russian Federation. In the context of the broad mobilization of all spheres of state life, the revision of many international relations, the development of the political and economic situation, it is important to establish effective interaction between the subjects of the Russian Federation on the basis of original and successful experience within the state.
Keywords: legal regulation of interaction, interaction of subjects, Moscow, Moscow Government, constitutional law.
Bibliographic list of articles
1. Bagautdinova L. I. On the issue of the concept of interregional cooperation of public authorities of the constituent entities of the Russian Federation // Problems and prospects of jurisprudence in modern conditions: a collection of scientific papers based on the results of the international scientific and practical conference, Kazan, June 11, 2016. Volume Issue III. – Kazan: Innovation Center for the Development of Education and Science, 2016. – pp. 22-25. – [Electronic resource]. – Access mode: https://elibrary.ru/item.asp?id=26365056&pff=1 (date of access: 04/08/2024).
2. Gazette. Industry. Offset contracts in Moscow. – [Electronic resource]. – Access mode: https://www.vedomosti.ru/industry/industrial_policy/articles/2024/03/26/1028150-kak-ofsetnie-kontrakti-menyayut-sferu-goszakupok (date of access: 04/07/2024).
3. Perevyazko D.S. The role of interregional interaction in the development of interregional socio-economic systems // Young scientist. – 2022. – No. 21 (416). – pp. 322-325. – [Electronic resource]. – Access mode: https://moluch.ru/archive/416/92035/ (date of access: 04/09/2024).
4. Khudyakov V.V. On the issue of the concept of “Interregional interactions” in spatial economics // Vestnik TSEU. – 2019. – No. 3 (91). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/k-voprosu-o-ponyatii-mezhregionalnye-vzaimodeystviya-v-prostranstvennoy-ekonomike (date of access: 04/09/2024).
ADMINISTRATIVE LAW
VLASOVA Elena Lvovna
Ph.D. in pedagogical sciences, associate professor of Administrative law and administrative activities of the department of internal affairs sub-faculty of the East-Siberian Institute of the MIA of Russia, Irkutsk
DOBROV Alexey Nikolaevich
Ph.D. in Law, associate professor, Head of Administrative law and administrative activities of the department of internal affairs sub-faculty of the East-Siberian Institute of the MIA of Russia, Irkutsk
THE EMERGENCE AND DEVELOPMENT OF THE PRINCIPLE OF PRESUMPTION OF INNOCENCE
The article is devoted to the analysis of the historical and legal aspect of the emergence and development of the principle of the presumption of innocence from the laws of Hammurabi to the present day, it can be discussed that this provision has gone through a difficult path of development, has undergone a radical change, nevertheless, has been enshrined in legislation. Modern researchers note the principle of the presumption of innocence as part of the general system of principles in Russia, but in administrative legislation it is reflected in a very specific way, transforming the legal terms. Now the legislator does not assume, does not consider, but immediately asserts the guilt of a person by introducing the term “is” into circulation, which contradicts the democratic principles of legal proceedings. The authors focus on the historical transformations that have occurred, including the semantic change in the content of the principle of the presumption of innocence. While expressing their agreement with the legislator in principle, they nevertheless make their own proposals to fill the principle of the presumption of innocence with new meaning.
Keywords: presumption of innocence, principles of law, evaluation of evidence, administrative offense, technical and legal means.
Bibliographic list of articles
1. Barabash A. S. Essay on the development of the theory of the presumption of innocence in Russia // Russian Legal Journal. – 2020. – No. 1. – P. 9-37.
2. Vasiliev L. M. Presumption of innocence of the accused in the history of Russian law. – Volgograd: Publishing house Volgogr. Institute of Economics, Sociol. and rights, 2003. – 247 p.
3. Gushchina L. I. Problems of recognition of psychophysiological research using a polygraph in criminal proceedings of the Russian Federation // Criminal policy and the principle of the presumption of innocence of the accused in the history of Russian law. – 2021. – No. 1. – P. 359-369.
4. Protasov V. N. Presumption of innocence: legal nature and social significance // Russian and international law: general and special. – 2019. – No. 1. – P. 188-191.
5. Khegai L. Does the Law have a soul? // Soul of the law. Depth psychology about law, lawyers and jurisprudence. – M.: Gorodets, 2016. – 204 p.
ADMINISTRATIVE LAW
STEPANYAN Sona Arturovna
postgraduate student of the Patrice Lumumba Peoples’ Friendship University of Russia
MASTERING THE MEASURES OF SECURING TRANSPARENCY AND OPENNESS OF THE ELECTORAL PROCESS IN THE RUSSIAN FEDERATION IN THE CONTEXT OF THE DIGITALIZATION OF THE ELECTIONS
The article discusses the reform and improvement of the electoral process in the Russian Federation. The problems of transparency and openness of the election process in the context of the transition to an electronic voting system are analyzed. The author identifies a number of problems related to the legislative consolidation of certain issues of election automation, ensuring the security and openness of election procedures.
Keywords: elections, electronic voting, digitalization, principle of openness, citizens’ rights.
Bibliographic list of articles
1. Vyazikov I.V. The place of electoral law in the system of political rights // Science of the XXI century: current directions of development. – 2023. – No. 1-2. – pp. 347-349.
2. Marmilova E. P. On the possibility of voting via the Internet at all levels of elections in the Russian Federation in 2020 // Caspian region: politics, economics, culture. – 2021. – No. 3 (68). – pp. 124-130.
3. Khudoley D. M. Electronic voting is a necessity for the digitalization of the electoral process of the Russian Federation // Perm Legal Almanac. – 2019. – No. 2. – P. 163-170.
CIVIL LAW
DADAYAN Elena Vladimirovna
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Krasnoyarsk State Agrarian University
TO THE QUESTION OF THE GOOD FAITH IN ENTREPRENEURSHIP MANAGING OF APARTMENT BUILDINGS
Conscientiousness is an evaluative category in law, despite the fact that the conscientiousness of the actions of participants in civil legal relations is assumed, at the same time, this presumption is rebuttable. In this article, the author tried to speculate about the input categories of good faith, namely, that in some cases, issues not regulated by law can create a certain basis for dishonest actions of subjects of civil legal relations.
Keywords: management of apartment buildings, bankruptcy, person controlling the debtor, management organization, good faith.
Bibliographic list of articles
1. Storozheva A. N., Dadayan E. V. 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 State Agrarian University. – Krasnoyarsk, 2023. – pp. 58-61.
2. Case No. A33-4531-9/2020. [Electronic resource]. – Access mode: https://kad.arbitr.ru/Card/ff8d58eb-3c64-4dd7-b22b-27c988e59cfc (date of access: 03.29.2024).
CIVIL LAW
DELTSOVA Natalya Vyacheslavovna
Ph.D. in Law, associate professor of Legal support of economic activity sub-faculty of the Samara State University of Economics
STOROZHENKO Olga Mikhaylovna
Ph.D. in Law, associate professor of Security in the digital world sub-faculty of the N. E. Bauman Moscow State Technical University
LEGAL ASPECTS OF THE FORMATION OF THE AUTHORIZED CAPITAL OF A BUSINESS COMPANY BY INTELLECTUAL RIGHTS
The article examines theoretical and practical issues related to the formation of the authorized capital of a business company with intellectual rights to intellectual property objects. The conceptual possibility of using certain types of intellectual rights, designated in the law from the point of view of their negotiability, as a contribution to the authorized capital is considered. According to the authors, currently there are all the prerequisites for expanding the range of rights that could potentially be a contribution to the authorized capital. In this aspect, promising “other intellectual rights” should be considered the composer’s right to remuneration for the use of a musical work as part of an audiovisual work and the right to remuneration for a service object. The authors make a proposal on the possibility of making appropriate changes to the current legislation.
Keywords: authorized capital, intellectual rights, exclusive rights, license agreement, negotiability, disposal of exclusive rights
Bibliographic list of articles
1. Bredikhin G. P. Disposal of exclusive rights to intellectual property // Bulletin of KSU. 2020. No. 2. P. 242-248.
2. Bulanov V. D. Intellectual rights as an object of civil rights // Law and Power. 2023. No. 3. pp. 83-90.
3. Vasilyeva E. N. The influence of the type of intellectual property on the negotiability of the exclusive right to it // Proceedings of the Institute of State and Law of the Russian Academy of Sciences. 2011. No. 4. P. 195-204.
4. Dobrachev D.V. Features of introducing intellectual rights as a contribution to the authorized capital of a business company, regulated by a corporate agreement // Journal of Entrepreneurial and Corporate Law. 2021. No. 3. P. 54-57.
5. Dozortsev V. A. Intellectual rights: Concept. System. Codification tasks. M., 2003.
6. Ivanov N.V. The right to remuneration for official work and official performance // Law. 2017. No. 1. P. 147-155.
7. Inshakova A. O. Turnover of objects of civil rights of a property nature: basic concepts, types, trends in legislative development // Legal Concept = Legal paradigm. 2020. T. 19. No. 1. P. 6-15.
8. Kasterin N. A. Modeling the possibility of contributing other intellectual rights to the authorized capital and/or to the property of a business company. [Electronic resource]. – Access mode: https://zakon.ru/blog/2023/01/18/modelirovanie_vozmozhnosti_vklada_inyh_intellektualnyh_prav_v_ustavnyj_kapital_iili_v_imuschestvo_ho#_ftn15 (date of access: 03/03/2024).
9. Kasyanov A. S. Participation of exclusive rights in civil circulation // Property relations in the Russian Federation. 2010. No. 8. P. 28-37.
10. Konyushkevich V.D., Bazurin G.V. Structuring transactions for the creation of joint ventures in IT startups // Property relations in the Russian Federation. 2022. No. 8. P. 50-61.
11. Letuta T.V., Borisova O.V., Stolboushkin A.V. On the problem of introducing rights to the results of intellectual activity and means of individualization into the authorized capital of business companies // STUDIUM. 2018. No. 2 (47). P. 11. [Electronic resource]. – Access mode: https://saransk.ruc.su/upload/Upload_Saransk/Nauka/Studium-2018/Vipusk_2/Letuta_Borisova_Stolboushkin_u.pdf (date of access: 03/10/2024).
12. Resolution of the Plenum of the Supreme Court of the Russian Federation No. 6, Plenum of the Supreme Arbitration Court of the Russian Federation No. 8 of July 1, 1996 (as amended on December 25, 2018) “On some issues related to the application of part one of the Civil Code of the Russian Federation” // Bulletin of the Supreme Court of the Russian Federation. 1996. No. 9.
13. Sviridova E. A. Intellectual rights as subjective civil rights of the copyright holder // Education and law. 2017. No. 3. P. 220-228.
CIVIL LAW
Zavertyaev Andrey Alexeevich
postgraduate student of the State Academic University of Humanities
PRACTICE OF APPLICATION OF LEGISLATION ON DIGITAL FINANCIAL ASSETS AND DIGITAL CURRENCY IN THE RUSSIAN FEDERATION: ANALYSIS OF COURT DECISIONS
The study of legislative provisions through the prism of judicial practice allows us to see some aspects that need to be finalized and improved. This article examines several court decisions, including cases on the prohibition of the circulation of money surrogates and settlements using them when making transactions and in the service sector. The subject of the study is judicial practice in cases related to digital financial assets and digital currency.
A review of judicial practice materials ledto the conclusion that the courts often take the side of private investors when it comes to collecting debt on loans issued on an investment platform. This approach is explained by the desire of the courts to protect private investors from abusive acts on the part of investment platforms. The purpose of this study is to examine the current practice of applying legislation on digital financial assets.
Research methodology. The presented research is structured and built in accordance with the principle of logic. The author has reviewed several court decisions in cases related to digital financial assets. The presented sample is quite sufficient to draw certain conclusions regarding the development of the practice of applying legislation on digital financial assets in Russia. In conclusion, the author formulated a general conclusion on the study. Attention was drawn to the need to review the current legal norms regulating the use of debt obligations, the circulation of digital assets and other financial instruments. During the study, the following general scientific methods of cognition were used: the universal dialectical method, methods of deduction, induction, logic, analysis, synthesis, comparison, formal legal research method, methods of legal forecasting and legal modeling, as well as a statistical method. The integrated application of the listed methods made it possible to conduct a fairly thorough analysis of all important aspects of the issue under study.
Research results. A review of judicial practice in cases of digital financial assets showed that the courts adhere to a prohibitive approach, which is manifested in the recognition of digital currency and other funds issued on the basis of blockchain technology as “money surrogates.” There are also attempts to limit the spread of such “money surrogates”. The author has attempted to highlight the most pressing issues that arise when applying legislation on digital financial assets. Proposals to eliminate them were also formulated. In particular, it is proposed to revise the rules of law governing the circulation of digital assets, the use of debt obligations and other financial instruments.
The general conclusion from the study is that the practice of applying legislation on digital financial assets requires improvement.
Keywords: digital financial assets, money surrogates, digital currency, cryptocurrency, debt obligations, financial instruments, investment platforms, court, judicial practice, consumer protection legislation.
Bibliographic list of articles
1. Aleksandrova N. S. Correlation of the concepts of “digital rights”, “digital currency” and “digital financial asset” // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2021. – No. 6. – P. 28-31.
2. Bryukhovetsky I.V. Legal regulation of the turnover of digital financial assets. – M.: Financial University, 2021. – pp. 74-80.
3. Ermakov S.V., Gubanov D.D. Silkin A.M. Digital currency with a criminal overtones // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2022. – No. 4. – P. 89-93.
4. Resolution of the Ninth Arbitration Court of Appeal of Moscow dated February 20, 2020 in case No. A40-66760/2019. [Electronic resource]. – Access mode: https://www.garant.ru/products/ipo/prime/doc/41967091/?ysclid=lvn04dygn7684047881 (date of access: 02/06/2024).
5. Decision of the Arbitration Court of the Irkutsk Region dated June 3, 2019 in case No. A19-31633/2018. [Electronic resource]. – Access mode: https://turov.pro/wp-content/uploads/2019/11/a19-25029-2018_s0012-2.pdf?ysclid=lvn0357c2m261321835 (access date: 02/06/2024).
6. Decision of the Arbitration Court of the Samara Region dated August 7, 2020 in case No. A55-11976/2020. [Electronic resource]. – Access mode: https://sudact.ru/arbitral/doc/7l0hePAaFjmJ/ (date of access: 02/06/2024).
7. Decision of the Yegoryevsk City Court of July 1, 2015 in case No. 2-1125/2015. [Electronic resource]. – Access mode: https://actofact.ru/case-50RS0009-2-1406-2015-m-1125-2015-2015-04-27-0-0/?ysclid=lvn00ob076243144667 (access date: 02/06/2024) .
8. Decision of the Zavodsky District Court of Saratov dated July 16, 2020 in case No. 2A-1410/2020. [Electronic resource]. – Access mode: https://actofact.ru/case-64RS0044-2a-1410-2020-m-1164-2020-2020-04-28-0-0/?ysclid=lvn01b9xvj202307744 (access date: 02/06/2024) .
9. Decision of the Nyandoma District Court (Arkhangelsk Region) dated July 27, 2020 in case No. 2A-594/2020. [Electronic resource]. – Access mode: https://actofact.ru/case-29RS0017-2a-594-2020-m-539-2020-2020-07-03-0-0/?ysclid=lvn01x8m9p617453502 (access date: 02/06/2024) .
10. Decision of the Ryazhsky District Court (Ryazan Region) dated April 26, 2017 in case No. 2-160/2017. [Electronic resource]. – Access mode: https://lawnotes.ru/sudpraktika/sou/reshenie-_-2-160_2017-ot-26.04.2017-ryazhskogo-rayonnogo-suda-(ryazanskaya-oblast)?ysclid=lvn02kb2xo594032803 (date of access: 06.02 .2024).
11. Rozhkova M. A. Is digital law a branch of law and should we expect the emergence of a Digital Code? // Economy and law. – 2020. – No. 4. – P. 3-13.
12. Savelyev A. I. Cryptocurrencies in the system of objects of civil rights // Law. – 2017. – No. 8. – P. 136-154.
13. Digital law: textbook / [Egorova M. A., Blazheev V. V.]; Under general ed. V.V. Blazheeva, M.A. Egorova. – Moscow: Prospekt, 2020. – 640 pp.
14. Shaydullina V.K. Legal regulation of cryptocurrency turnover: foreign experience // Society: politics, economics, law. – 2018. – No. 4. – P. 79-86.
CIVIL LAW
ZUBKOVA Mariya Nikolaevna
Ph.D. in Law, associate professor of Legal support of economic activities sub-faculty of the Law Institute of the Samara State University of Economics
MANDATORY LEGAL WAYS OF DISPOSING OF THE EXCLUSIVE RIGHT TO A TRADEMARK
In recent decades, the role and importance of means of individualization in commercial turnover have increased significantly. In conditions of market competition, trademarks are designations that are designed to enable the consumer to distinguish the goods and services of a particular manufacturer from similar goods and services provided by other manufacturers. Well-established trademarks in the eyes of consumers are a kind of symbols of quality and trust in this manufacturer. That is why trademarks can be a very valuable intangible asset today. In this regard, contracts related to the disposal of the exclusive right to a trademark are becoming increasingly important in regulating market relations. It should be noted that the turnover of trademark rights is carried out through the commission of a number of civil law transactions, the scientific interest in which is precisely caused by the significance and material value that trademarks possess today.
Keywords: trademark, exclusive rights, disposal of the right to a trademark, license agreement, alienation agreement.
Bibliographic list of articles
1. Aleksandrov E. B. Features of civil law regulation of a patent license agreement in the Russian Federation: Author’s abstract. dis. …cand. legal Sci. – M., 2005. – P. 16.
2. Afanasyeva E. G., Dolgikh M. G., Gvimradze T. A. Trademark as a product: methods of disposal // Business Law. – 2016. – No. 4. – P. 28.
3. Contract law: General provisions. Book 1 / Braginsky M.I., Vitryansky V.V. – 3rd ed., stereotype. – M.: Statute, 2001. – P. 385-386.
4. Zenin I. A. Obligations for the acquisition and use of exclusive rights and know-how // Civil law: textbook / resp. ed. E. A. Sukhanov. 3rd ed., revised. and additional – M., 2006. – T. IV. – P. 4.
5. Zykov S. Responsibility of the licensor for the quality of goods to third parties // Intellectual property. Industrial property. – 2020. – No. 4. – P. 31.
6. Kamil Idris. Intellectual property is a powerful tool for economic growth. World Intellectual Property Organization / Trans. from English – M.: Rospatent, 2004. – P. 197.
7. Lozovskaya S. O. Commercial concession agreement // Laws of Russia: experience, analysis, practice. – 2009. – No. 5. – P. 18.
8. Novoselova L. A., Grin O. S. Realization of intellectual rights as a subject of pledge (procedural aspects) // Bulletin of civil process. – 2020. – No. 5. – P. 72.
CIVIL LAW
KOSHELYUK Bogdan Evgenjevich
Ph.D. in Law, senior lecturer of Civil law and process sub-faculty of the Institute of the Academy of the FPS of Russia, Ryazan
KORNILOV Alexey Rodionovich
Ph.D. in Law, associate professor of Theory of law and administrative and legal disciplines sub-faculty of the S. A. Yesenin Ryazan State University, of Theory and history of law and state sub-faculty of the Russian New University
MAIN ENTREPRENEURIAL RISKS OF BUSINESS AND THEIR EXPERT ASSESSMENT IN THE EXECUTION OF A GOODS SUPPLY AGREEMENT
This article analyzes the problems of execution of the supply contract. Thus, special attention is paid to the key risks of including this agreement. The emphasis is also placed on the transfer of the subject of the contract, the emergence of ownership rights and the need to respect the interests of the parties who have concluded the contract in the context of determining ways to minimize current risks in terms of including such a contract. The author also touches upon the specifics of the expert assessment of the conclusion of the relevant contract. The paper analyzes how a framework supply agreement makes it possible to simplify the relationship between the parties to the relevant agreement. As a result of the analysis of this topic, it is concluded that in order to minimize the risks of concluding an appropriate contract, it is necessary to contact a specialist who has experience in including individual purchase and sale agreements, in particular a supply agreement.
Keywords: supply agreement, performance of the contract, interests of the parties to the contract, the subject of contractual relations.
The simplest bibliography
1. Blinkova E. V., Koshelyuk B. E. Contract for the supply of goods for state needs: monograph (2nd edition). – M.: Prospekt, 2019. – pp. 16-18.
2. Commentary on the Civil Code of the Russian Federation, part two (article-by-article) / Ed. O. N. Sadikova. – M.: INFRA-M, 2020. – 987 pp.
3. Morozov A. A. Evolution of the development of the mechanism of legal regulation of supply contracts for state needs in the Russian Federation. – 2023. – 160 pp.
4. Duck V.V. Supply of goods of inadequate quality // Economy and Law. – 2021. – No. 7. – 134 pp.
5. Civil law: Textbook. / Ed. Y. F. Mikolenko, P. E. Orlovsky. – M.: Legal. MVA Publishing House, 2023. – 185 pp.
CIVIL LAW
STOROZHEVA Anna Nikolaevna
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Krasnoyarsk State Agrarian University
LEGAL REGULATION OF THE RIGHTS AND OBLIGATIONS OF MEMBERS OF THE SNT: RUSSIAN AND BELARUSIAN EXPERIENCE
Issues of legal regulation of the rights and obligations of members of a gardening non-profit partnership quite often arise during the consideration of civil cases on disputes arising from the management of a gardening non-profit partnership (SNT). The author analyzes the rights and obligations of SNT members in accordance with Russian and Belarusian legislation, and also concludes that for more precise legal regulation of the rights and obligations of SNT members, there is a need to improve the relevant norms.
Keywords: rights, obligations, member of SNT, gardening non-profit partnership, review, responsibility, charter, land plot, dispute.
Bibliographic list of articles
1. Storozheva A. N., Dadayan E. V. On the issue of professional qualifications of chairmen of gardening (horticultural) partnerships // Science, education and business: a new look or strategy for integration interaction: Collection of scientific papers based on the materials of the International Scientific and Practical Conference, dedicated to the 80th anniversary of the birth of the first President of the Kabardino-Balkarian Republic Valery Mukhamedovich Kokov, Nalchik, October 14–15, 2021. Volume Part 1. – Nalchik: Federal State Budgetary Educational Institution of Higher Education “Kabardino-Balkarian State Agrarian University named after V. M. Kokov”, 2021. – P. 229-231. – EDN XZNVFR.
2. Storozheva A. N., Dadayan E. V. Legal education of SNT members // Legal education and education of youth in modern Russian society: Materials of the regional (interuniversity) scientific and practical conference, Krasnoyarsk, December 03, 2021. – Krasnoyarsk: Krasnoyarsk State Agrarian University, 2022. – P. 89-91. – EDN DXXKIO.
CIVIL LAW
TELNOV Alexey Vladimirovich
Ph.D. in Law, Chief Legal Adviser of Sberbank Factoring LLC
FEATURES OF THE LEGAL REGULATION BY GERMAN LEGISLATION OF PUBLIC RELATIONS IN THE FIELD OF PROTECTION AGAINST DEFAMATION OF THE REPUTATION OF GERMANY, AS WELL AS BODIES AND PERSONS ACTING ON BEHALF OF AND IN THE INTERESTS OF THE GERMAN STATE
The article analyzes German legislation containing the capabilities of the state, as well as bodies and persons acting on behalf of and in the interests of the state, providing legal protection of its reputation from defamation (from the dissemination of false defamatory information) . The phenomena of public relations are analyzed with examples of their legislative regulation in cases of defamation; the procedure for resolving situations related to the dissemination of information that is a controversial statement of facts or opinions that negatively affect the reputation of the state; special norms of legislation on liability for defamation against bodies and persons acting on behalf and in the interests of the state; procedural issues that are resolved by the subjects affected by defamation in order to initiate legal protection of their intrinsic benefits and rights from defamation. It is suggested that the purpose of the legislator, who provided for special rules on the violation of the rights of bodies and persons acting on behalf of and in the interests of the state from defamation and introduced additional liability for violators of such committed illegal actions, is not onlyto protect the honor and reputation of specifically these mentioned subjects, but also, as a result, in order to protect the reputation of Germany, because defamation, when committed against bodies and persons acting on behalf of and in the interests of the state, damages not only such entities, but actually the reputation of Germany as a whole.
Keywords: defamation, Germany, the state; bodies and persons acting on behalf and in the interests of the state, protection of civil rights, intrinsic benefits, reputation.
Bibliographic list of articles
1. Zheldybina T. A. Legal studies of Germany and Russia (Historical and legal research) // Electronic scientific journal “Science. Society. State”. – 2017. – No. 3 (19). – P. 2.
2. Arslanov K. M. The influence of German and French legal experience on the development of modern Russian legislation // Journal of Foreign Legislation and Comparative Law. – 2014. – No. 5. – P. 781.
3. Häntzschel Kurt Das Deutsche Preßrecht. – Berlin/Boston: De Gruyter, 2022 (Reprint). – P. 20.
4. Rudolf Semend. Verfassung und Verfassungsrecht. Duncker & Humblot. – Munich, 2014 (Reprint). – P. 44.
5. Selected decisions of the German Federal Constitutional Court. – M., Infotropic Media, 2018.
CIVIL LAW
YASTREMSKIY Ivan Anatoljevich
Lawyer of the Leningrad regional bar association, branch of the Law Firm “Pelevin and Partners”
THE PROCEDURE FOR RESOLVING DISPUTES BETWEEN THE PLASTIC SURGERY CLINIC AND THE PATIENT
This article is devoted to the study of the legal significance of the pre-trial dispute settlement procedure under contracts for the provision of paid medical services in the field of plastic surgery. The article reveals the content of negotiations between the patient and the clinic as a pre-trial way to resolve a dispute between its parties. The claim procedure for dispute resolution is analyzed. The effectiveness of the mediation procedure and the institution of the Patient Ombudsman as alternative ways of resolving conflicts between patients and clinics is substantiated. The existing models of implementation of the Patient Ombudsman model are described. The study of this topic can contribute to a deeper understanding of the legal aspects of the provision of medical services in the field of plastic surgery and improve the quality of services provided.
Keywords: plastic surgery, contract, services, medical care, dispute, conflict, negotiation, claim, mediation, mediator, clinic, performer, patient.
Bibliographic list of articles
1. Arestova O. N. On the issue of mediation as the most effective way to resolve conflict situations in the provision of medical services in plastic surgery // Medical Law. 2023. No. 4.
2. Gadzhiev R. G. Selected problems of execution of the contract for the provision of medical services // Forum of young scientists. 2021. No. 1 (53).
3. Dolinskaya L. M. Protection of consumer rights using the example of protecting the rights of patients // Laws of Russia: experience, analysis, practice. 2015. No. 11.
4. Plotnikova A.V. Legal consequences of violation of the contract for the provision of medical services for a fee. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/pravovye-posledstviya-narusheniya-dogovora-vozmezdnogo-okazaniya-meditsinskih-uslug?ysclid=lohgiyelzf392592607.
5. Startsev A. M. Agreement for the provision of medical services: the rights of the patient and the corresponding obligations of the performer // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. 2017. No. 6.
6. Starchikov M. Yu. Resolution of disputes between medical organizations and patients: legislative provisions and judicial practice. M.: Infotropik Media, 2017.
7. Tyrtyshny A. A., Pomazkova S. I. Pre-trial and extrajudicial methods of resolving disputes between doctors and patients // Medical law. 2018. No. 1.
8. Usik T. Yu., Prisada V. S. Current issues of fulfillment of obligations from contracts for the provision of paid medical services // Sustainable development of science and education. 2018. No. 8.
CIVIL LAW
ABSALYAMOVA Violetta Genrikhovna
postgraduate student of Civil law disciplines sub-faculty of the Tyumen State University
GENETIC DATA AND PRIVACY ISSUES: A COMPARATIVE LEGAL ANALYSIS
This article conducts an analysis of the regulation and protection of genetic data at both international and national levels. The study aims to identify key challenges and trends in the legal regulation of genetic data protection, as well as to develop proposals for improving international and national legal frameworks in the interest of protecting the confidentiality ofgenetic information. The author examines the current legislative frameworks in jurisdictions where the legislative protection of genetic information is clearly structured, highlights the unique challenges associated with the confidentiality of genetic data. The author also substantiates the need to clarify the concept of “Genetic data,” aimed at defining such information as sensitive.
Keywords: genetic data, data protection, confidentiality, civil law.
Bibliographic list of articles
1. Veliulova D. B. Legal regime for the protection and protection of personal data in national legislation // Journal of foreign legislation and comparative law. – 2023. – T. 19. No. 6. – P. 123-129. DOI: 10.61205/jzsp.2023.088.
2. Kovaleva N. N. Problems and challenges of digital society: trends in the development of legal regulation of digital transformations: collective monograph in 2 volumes / Ed. N. N. Kovaleva // Federal State Budgetary Educational Institution of Higher Education “Saratov State Academy of Law”. – Saratov: Publishing house of the Federal State Budgetary Educational Institution of Higher Education “Saratov State Law Academy”, 2020. – 455 pp.
CIVIL LAW
VRACHEVA Yuliya Sergeevna
postgraduate student of Civil and corporate law sub-faculty of the Saint Petersburg State University of Economics
JUDICIAL INSTALLMENTS IN BANKRUPTCY CASES
The article considers one of the bankruptcy prevention tools introduced into the bankruptcy law in 2020 – judicial installations. A comparative analysis of the judicial installation plan provided for by the bankruptcy law with the civil law institution of installations, as well as the installation plan provided by the court in relation to the execution of certain judicial acts provided for by procedural legislation, is carried out . The conditions for the use of judicial installations are analyzed, the positive and negative sides of judicial installations in bankruptcy cases are identified, problems that may hinder the use of this mechanism in practice. Analyzing the provisions of the law providing for judicial installations as a way to prevent bankruptcy, the similarities of judicial installations with the procedure for restructuring a citizen’s debts are revealed. It is also concluded that the bankruptcy legislation contains provisions providing for the introduction of rehabilitation procedures against the will of creditors.
Keywords: bankruptcy, moratorium, installations, judicial installations, debt restructuring, bankruptcy prevention.
Bibliographic list of articles
1. Minimulin N.V. The nature of judicial installments as measures to prevent bankruptcy // Education and Law. 2023. No. 10. pp. 281-286.
2. Shershenevich G. F. The Doctrine of Insolvency. – M.: Book on Demand, 2013. – 459 p.
3. Koraev K. B. Problems of legal regulation of the moratorium in bankruptcy legislation // Lawyer. – 2013. – No. 24. – P. 6-10.
4. Galkin S.S. Protection of rights by Russian bankruptcy legislation in the conditions of the economic crisis caused by the COVID-19 epidemic: yesterday, today, tomorrow // Entrepreneurial Law. Application “Law and Business”. – 2020. – No. 3. – P. 22-30.
5. Ryabinin A., Malikov A. Judicial installment plan: continuation of the implementation of the moratorium on bankruptcy // Banking Review. Application “FinLegal”. – 2020. – No. 1. – P. 68-71.
6. Federal Law No. 127-FZ of October 26, 2002 (as amended on December 25, 2023) “On Insolvency (Bankruptcy)” [Electronic resource] Access through the “Consultant Plus” information and reference system. The original text of the document was published in the Rossiyskaya Gazeta publication No. 209-210, 02.11.2002.
7. Resolution of the Plenum of the Supreme Court of the Russian Federation dated November 17, 2015 No. 50 “On the application of legislation by courts when considering certain issues arising during enforcement proceedings” // Rossiyskaya Gazeta No. 270, November 30, 2015
8. Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated June 22, 2012 No. 35 (as amended on December 21, 2017) “On some procedural issues related to the consideration of bankruptcy cases” // “Bulletin of the Supreme Arbitration Court of the Russian Federation”, No. 8, August 2012.
9. Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 24, 2020 No. 44 “On some issues of application of the provisions of Article 9.1 of the Federal Law of October 26, 2002 No. 127-FZ “On Insolvency (Bankruptcy)” // “Rossiyskaya Gazeta”, N 2, 01/12/2021.
References
1. Minimulin N. V. The nature of judicial installations as measures to prevent bankruptcy // Education and law. – 2023. – No. 10. – Pp. 281-286.
2. Shershenevich G. F. The doctrine of insolvency. – M.: Book on Demand, 2013. – 459 p.
3. Koraev K. B. Problems of legal regulation of the moratorium in bankruptcy legislation // Lawyer. – 2013. – No. No. 24. – Pp. 6-10.
4. Galkin S.S. Protection of rights by Russian bankruptcy legislation in the context of the economic crisis caused by the COVID-19 epidemic: yesterday, today, tomorrow // Entrepreneurial law. Appendix “Law and Business”. – 2020. – No. 3. – Pp. 22-30.
5. Ryabinin A., Malikov A. Judicial installation plan: continuation of the implementation of the moratorium on bankruptcy // Banking Review. The “FinLegal” application. – 2020. – No. 1. – Pp. 68-71.
6. Federal Law No. 127-FZ of 10/26/2002 (as amended dated 12/25/2023) “On insolvency (bankruptcy)” [Electronic resource] Access through the information and reference system “Consultant Plus”. The original text of the document was published in Rossiyskaya Gazeta No. 209-210, 02.11.2002.
7. Resolution of the Plenum of the Supreme Court of the Russian Federation dated 11/17/2015 No. 50 “On the application of Legislation by Courts when Considering certain issues arising during enforcement proceedings” // Rossiyskaya Gazeta No. 270, 11.30.2015
8. Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated 06/22/2012 No. 35 (ed. dated 12/21/2017) “On certain procedural issues related to the consideration of bankruptcy cases” // Bulletin of the Supreme Arbitration Court of the Russian Federation, No. 8, August, 2012.
9. Resolution of the Plenum of the Supreme Court of the Russian Federation dated 12/24/2020 No. 44 “On certain issues application of the provisions of Article 9.1 of Federal Law No. 127-FZ dated October 26, 2002 “On Insolvency (Bankruptcy)” // Rossiyskaya Gazeta, No. 2, 01/12/2021.
CIVIL LAW
IDILOV Ayub Ibrahimovich
postgraduate student of Civil law and process and private international law sub-faculty of the Patrice Lumumba Peoples Friendship University of Russia
PREREQUISITES FOR THE DIGITAL TRANSFORMATION OF THE ASSISTANT JUDGE INSTITUTE IN RUSSIA
The article outlines the features of the participation of the “assistant judge” in the age of digitalization of society. Theoretical issues related to the problems of procedural status are analyzed for their basic rights and obligations. The article discusses the motives and ways of modernizing the judicial system in the context of digital transformation, which involves expanding the powers of judicial assistants in procedural matters. It is emphasized that a significant part of the procedural actions does not require the direct participation of a judge and can be carried out by an assistant judge without prejudice to the quality of the judicial system.
Keywords: assistant judge, rights and duties, procedural status, participant, digitalization, reform.
Bibliographic list of articles
1. Civil Procedure Code of the Russian Federation: Federal Law of November 14, 2002 No. 138 FZ // SZ RF. 2002. No. 46. Art. 4532.
2. Basova O. O. Participation of an assistant judge in criminal proceedings: a conceptual approach: dis. …cand. legal Sci. 12.00.09. – M., 2018. – 237 pp.
3. Borisova L. V. On the main directions of the formation and development of electronic justice in modern Russia // Law and Digital Economy. – 2020. – No. 2. – P. 32-35.
4. Vlasova S.V. On the issue of adapting the criminal procedural mechanism to digital reality // Criminologist Library. Science Magazine. – 2018. – No. 1. – P. 9-18.
5. Gertner A. On the issue of using artificial intelligence in the electronic justice system: pro et contra // Young scientist. – 2020. – No. 49 (339). – pp. 211-215.
6. Kovalenko K. E., Pechatnova Yu. V., Statsenko D. A., Kovalenko N. E. Robot judge as overcoming the contradictions of judicial discretion (legal aspects) // Legal Bulletin of the Dagestan State University. – 2020. – No. 4. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sudya-robot-kak-preodolenie-protivorechiy-sudebnogo-usmotreniya-yuridicheskie-aspekty (date of access: 02.27.2024).
7. Kozhokar I.P., Rusakova E.P. Legal implementation legal technology and digital justice // Bulletin of Perm University. Legal sciences. – 2023. – No. 59. – P. 121-141. – DOI 10.17072/1995-4190-2023-59-121-141.
8. Kuzin S. A. Institute of assistant judges in the Russian Federation and prospects for its development // Legal science. – 2022. – No. 7. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/institut-pomoschnikov-sudey-v-rossiyskoy-federatsii-i-perspektivy-ego-razvitiya (date of access: 02.27.2024).
9. Lutsenko E. P. Application of artificial intelligence in the administration of justice in Russia and abroad // Education and Law. – 2022. – No. 6. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/primenenie-iskusstvennogo-intellekta-pri-osuschestvlenii-pravosudiya-v-rossii-i-za-rubezhom (date of access: 02.27.2024).
10. Rizaeva D. E. General characteristicska circumstances excluding in England and the USA: concept and emergence // Eurasian Legal Journal. – 2017. – No. 3 (106). – pp. 217-219
11. Rusakova E. P., Zaitsev V. V. Court hearing in the metaverse: an alternative to an online meeting or Internet court // Eurasian Legal Journal. – 2023. – No. 6 (181). – pp. 231-234.
12. Sangadzhieva K.V., Demina E.P. The influence of legal consciousness on the content of guarantees of rights and freedoms of citizens in the conditions of the development of the information society // Law and Management. – 2023. – pp. 23-30.
13. Tanimov O. V. Transformation of legal relations in the conditions of digitalization // Current problems of Russian law. – 2020. – No. 2 (111). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/transformatsiya-pravootnosheniy-v-usloviyah-tsifrovizatsii (date of access: 02/27/2024).
14. Fedulova S. N. Some problems of legal regulation of the procedural status of persons assisting in the administration of justice in civil cases // Russian Judge. – 2013. – No. 7. – P. 17-19. Civil Procedure Code of the Russian Federation: Federal Law of November 14, 2002 No. 138 FZ // SZ RF. 2002. No. 46. Art. 4532
15. Karasev A. T., Savoskin A. V., Meshcheryagina V. A. Digitalization of justice in the Russian Federation // Bulletin of the Ural Law Institute of the Ministry of Internal Affairs of Russia. – 2021. – No. 2. – P. 71-77.
16. Cherkasova Yu. A. The influence of digitalization on the institution of participants in criminal proceedings (using the example of a court secretary and an assistant judge as participants with an uncertain procedural status) // Russian investigator. – 2022. – pp. 43-47.
17. Khayali R.I. Institute of public assistants in the Soviet prosecutor’s office: legal status, social composition, powers // Bulletin of the Faculty of Law of the Southern Federal University. – 2021. – T. 8. No. 2. – P. 45-51.
18. Sharipova A. R. The influence of digital form on the content of procedural activity (experience of criminal and arbitration proceedings) // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2023. – No. 3 (66). – pp. 81-87.
19. China’s AI-Enabled ‘Smart Courts’ To Recommend Laws & Draft Legal Docs; Judges To Take Consult AI Before Verdict // The Eurasian Times. [Electronic resource]. – Mode of access: https://eurasiantimes.com/chinas-ai-enabled-smart-court-to-recommend-laws-judges/ – Date of access: 02/22/2024
20. [Electronic resource]. – Access mode: https://pravo.ru/story/250266/ (accessed March 11, 2024)
CIVIL LAW
SAVRUKHIN Nikita Sergeevich
postgraduate student of Legal regulation of economic activities sub-faculty of the Financial University under the Government of the Russian Federation
CONVERTIBLE LOAN AGREEMENT AS AN OPTION FOR VENTURE INVESTMENTS IN RUSSIA
The article discusses the topical issues of a new Russian law governed instrument allowing parties to structure Russian law governed venture investments (Convertible Loan Agreement). The relevance of the research is determined by the novelty of the Russian law governed convertible loan agreement that subsequently leads to some problems and conflicts of its regulation. The author also examines some problems of the legal nature of the agreement and parties thereto. The author comes to the approach to the legal nature of the agreement and the correlation of role of a lender as a party to the agreement and a shareholder of the borrower.
Keywords: Convertible Loan Agreement, option, substitutive performance and obligation, venture investments.
Bibliographic list of articles
1. Bychkov A. Convertible loan agreement // Legal directory of the manager. – 2021. – No. 11. – P. 53-63 // SPS “Consultant Plus”. – [Electronic resource]. – Access mode: http://consultant.ru (date of access: 04/5/2024).
2. Gulyaev A. M. Russian civil law: review of current legislation, cassation practice Prav. Senate and the Civil Code Project: a manual for lectures / [op.] A. M. Gulyaev. – 4th ed., revision. and additional – St. Petersburg: Type. M. M. Stasyulevich, 1913. – XIV. – 638 pp.
3. Ilyushina M. N. Convertible loan agreement as a new contractual-obligatory mechanism for regulating corporate relations in limited liability companies // Civil Law. – 2022. – No. 3. – P. 31-35.
4. Kachalova A. V. Convertible loan agreement // Bulletin of the O. E. Kutafin University (MSAL). – 2011. – No. 11. – P. 206 – 215.
5. Makarova A. Legalize relations with the investor. What you need to know about convertible loans // Corporate lawyer. – 2021. – No. 8. – P. 25-29.
6. Tsvetkova E. S. Comparison of a convertible loan agreement and an option agreement from the perspective of protecting the rights of investors using the example of limited liability companies // Notary Bulletin. – 2023. – No. 4. – P. 4-16 // SPS “Consultant Plus”. – [Electronic resource]. – Access mode: http://consultant.ru (date of access: 04/5/2024).
7. Yankovsky R. M. Convertible loan: contractual model and regulatory problems // Law. – 2017. – No. 11. – P. 184-192 // SPS “Consultant Plus”. – [Electronic resource]. – Access mode: http://consultant.ru (date of access: 04/5/2024).
CIVIL LAW
TOKAREV Alexander Maximovich
student of the Law School of the Far Eastern Federal University, Vladivostok
LEGAL REGULATION OF DEEPFAKE TECHNOLOGIES IN THE RUSSIAN FEDERATION
The article analyzes the legal regulation of deepfake technologies in the Russian Federation. The author identifies the peculiarities of regulation, gaps and problems in the current Russian legislation in this area. Special attention is paid to the protection of honor and dignity of persons whose image or voice was used in the creation of fake content. Possible directions for strengthening legal regulation and protection from abuse are suggested. The article also cites the experience of legislative regulation of other states related to the regulation of the use of deepfaking technologies.
Keywords: deepfake, legal regulation, artificial intelligence technology, information technology.
Bibliographic list of articles
1. Dobrobaba M. B., Deepfakes as a threat to human rights // Lex Russica. 2022. No. 11 (192). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/dipfeyki-kak-ugroza-pravam-cheloveka (date of access: 01/02/2024).
2. Krasovskaya N. R., Gulyaev A. A., Technologies of manipulation of consciousness when using deepfakes as a tool of information warfare in the political sphere // Power. 2020. No. 4. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/tehnologii-manipulyatsii-soznaniem-pri-ispolzovanii-dipfeykov-kak-instrumenta-informatsionnoy-voyny-v-politicheskoy-sfere (date of access: 01/02/2024).
3. Matveev A. G., Martyanova E. Yu., Civil protection of a person’s voice during its synthesis and subsequent use // Ex jure. 2023. No. 3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/grazhdansko-pravovaya-ohrana-golosa-cheloveka-pri-ego-sinteze-i-posleduyuschem-ispolzovanii (date of access: 01/03/2024).
4. Danilova V. A., Levkin D. M. legal aspects of regulation of “deepfake” technology in Russia // Law and State: Theory and Practice. 2022. No. 7 (211). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/pravovye-aspekty-regulirovaniya-deepfake-tehnologii-v-rossii (date of access: 12/22/2023).
5. Kiselyov A. S. On the need for legal regulation in the field of artificial intelligence: deepfake as a threat to national security // Moscow Legal Journal. 2021. No. 3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/o-neobhodimosti-pravovogo-regulirovaniya-v-sfere-iskusstvennogo-intellekta-dipfeyk-kak-ugroza-natsionalnoy-bezopasnosti (access date: 01/03/2024).
6. Greshnova N. A., Sitnik V. N. Ensuring public interest in the conditions of digitalization: problems of criminal legislation in Russia (using the example of deepfake technology) // Bulletin of the State Law Academy. 2022. No. 5 (148). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/obespechenie-obschestvennogo-interesa-v-usloviyah-tsifrovizatsii-problemy-ugolovnogo-zakonodatelstva-v-rossii-na-primere-tehnologii (access date: 01/04/2024 ).
7. Bodrov N.F., Lebedeva A.K. The concept of deepfake in Russian law, classification of deepfakes and issues of their legal regulation // Legal studies. 2023. No. 11. P. 26-41. DOI: 10.25136/2409-7136.2023.11.69014 EDN: DYIHIR. [Electronic resource]. – Access mode: https://nbpublish.com/library_read_article.php?id=69014
CIVIL LAW
JIANG Dan
associate professor of the Heihe University
ZHANG Jianwen
senior lecturer of the Heihe University
WANG Xia
associate professor of the Heihe University
RESEARCH ON THE IMPACT OF RUSSIAN MIGRATION POLICY ON CHINESE-RUSSIAN CROSS-BORDER FAMILIES
Migration occurs in the presence of certain reasons of various nature, including cultural and family. The main reasons for internal migration: family and personal reasons; in connection with work; in connection with studies; return to the previous place of residence. The state takes measures aimed at regulating migration processes. The key to the preservation and sustainable development of Russia is an active and effective demographic policy. Optimizing the influence of Russian migration policy on Chinese-Russian cross-border marriage families consists of implementing the following two directions of the demographic program. The first part is the protection of Russia from illegal migration and demographic expansion from the outside. The second part is in the field of family and marriage relations. The keys to solving this problem lie not so much in the economic field as in the cultural and psychological orientation of the entire population.
Keywords: migration, migration policy, China, family, marriage, demography, citizenship.
Bibliographic list of articles
1. Zherebtsov A. N., Ocheredko V. P., Malyshev E. A. Administrative and legal issues of forming an anti-corruption mechanism in the field of migration // Administrative law and process. – 2023. – No. 11. – P. 46-49.
2. Plyugina I. V. Legal means of improving federal state control (supervision) in the field of migration // Journal of Russian Law. – 2023. – No. 11. – P. 89-102.
3. Stepanov A.V. Making a decision on the undesirability of the stay (residence) of a foreign citizen or stateless person in the Russian Federation as an administrative and preventive measure used to ensure the migration security of the Russian Federation // Administrative law and process. – 2024. – No. 2. – P. 58-61.
4. Sokolova E. A. Concept and signs of population migration // New science: hypotheses, views and facts: Collection of scientific papers / Ed. S. V. Kuzmina. – Kazan, 2017. – pp. 242-245.
5. Tomaeva D. M. The concept of “migration”: basic approaches to definition // Scientific opinion. Economic, legal and sociological sciences. – 2018. – No. 1. – P. 39-44.
CIVIL LAW
SHAKHIDZHANOV Andrey Alexandrovich
senior lecturer of the State University of Humanities and Technology, Orekhovo-Zuevo; postgraduate student of the Russian State Academy of Intellectual Property, Moscow; CEO LLC “Treidimport”, Orekhovo-Zuevo
ISSUES OF DOCUMENTARY REGISTRATION OF FORWARDING ACTIVITIES
In the article, the author refers to the problem of the complex construction of regulatory material in national legislation regarding the contractual regulation of cargo transportation. The author considers it expedient to consider the experience of foreign states, namely the system of contractual regulation of freight transport on the example of German law. The paper analyzes the provisions of the German Commercial Code, at the same time identifies the types of named contracts that can be used to formalize relations related to the movement of goods by various modes of transport. An attempt was made to clarify the place of these contracts in the German freight transport regulatory system.
In the article, the researcher concludes that the structural elements of the system under consideration are three groups of contracts of carriage, contract of organization of carriage and contracts of lease of a vessel.
Keywords: cargo transportation contract, charter contract, barbout charter contract, time charter contract, contract system, transportation expedition contract.
Bibliographic list of articles
1. Bazhina M. A. Legal regulation of the contract for the carriage of goods when moving in Russia and Germany: comparative legal analysis // Civil law. – 2017. – No. 2. – P. 42-45.
2. Deutschland Handelsgesetzbuch Gesetz vom 10.05.1897 (RGBl. I S. 219) zuletzt geändert durch Gesetz vom 22.12.2023 (BGBl. I S. 411) m.W.v. 01/01/2024.
3. Bundesumzugskostengesetz vom 11. December 1990. BGBl. I S. 2682.
4. Ehlers P., Paschke M., & Universität Hamburg Institut für Seerecht und Seehandelsrecht. Maritime Law – Current Developments and Perspectives: Publication on the Occasion of the 35th Anniversary of the Institute for the Law of the Sea and Maritime Law (Hamburg). – LIT. 2018. – 306 p.
5. Gerhard Köbler, Etymologisches Rechtswörterbuch, 1995.
6. Peter Bulow. Handelsrecht, 2009. – P. 185.
7. Waldstein T., & Holland H. Binnenschiffahrtsrecht: Kommentar. De Gruyter. – 2011. – P. 453.
8. DWDS – Digital Dictionary of the German Language. Word information system of the German language in the past and present, ed. vd Berlin-Brandenburg Academy of Sciences. – [Electronic resource]. – Access mode: https://www.dwds.de/ (date of access: 02/13/2024).
9. Wolfgang Pfeiffer et al., Etymological Dictionary of the German Language (1993), digitized version, edited by Wolfgang Pfeiffer in the Digital Dictionary of the German Language, – [Electronic resource]. – Access mode: https://www.dwds.de/wb/etymwb /Fracht (date of access: 02/13/2024).
10. Freise, Rainer. Rolf Herber, Seehandelsrecht, Systematische Darstellung, 2. Aufl., Berlin/Boston 2016 // Transportrecht. – Vol. 39. – No. 4. – 2016. – Рp. 162-164.
11. “Binnenschiffahrtsgesetz in der im Bundesgesetzblatt Teil III, Gliederungsnummer 4103-1, veröffentlichten bereinigten Fassung, das zuletzt durch Artikel 55 des Gesetzes vom 10. August 2021 (BGBl. I S. 3436) geändert worden ist.”
CIVIL LAW
CHERKASOV Artem Yurjevich
postgraduate student of the 2nd course of the G. V. Plekhanov Russian University of Economics
LEGAL NATURE AND CURRENT PROBLEMS OF THE MECHANISM FOR REDOMICILIATION OF FOREIGN COMPANIES TO SPECIAL ADMINISTRATIVE REGIONS (SAR)
Under conditions of sanctions pressure, one of the main tasks of state management and control is the legal protection of national groups of companies and the creation of favorable conditions for their functioning within the country. In addition, it becomes necessary to ensure the socio-economic development of the country. All this makes it possible to achieve the main goals of the SAR: the return of capital from abroad, including to increase the tax base, the creation of barriers to interference in the assets of companies by foreign countries, the formation of an optimal level of taxation for redomiciled companies, the development of the least developed parts of the country. Due to the fact that the legislation on SAR appeared relatively recently, a deeper study of the nature of its occurrence and identification of current problems of the formed mechanism becomes relevant.
Keywords: special administrative regions, international company, international holding company, “super benefits”, taxation.
Bibliographic list of articles
1. Samoilova V.V. Legal status of special administrative districts under Russian legislation // Bulletin of the Russian State University for the Humanities. Series “Economics. Control. – Right.” – 2023. – No. 1. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/pravovoy-status-spetsialnyh-administrativnyh-rayonov-po-rossiyskomu-zakonodatelstvu (date of access: 03/02/2024).
CIVIL LAW
YASTREMSKIY Ivan Anatoljevich
Lawyer of the Leningrad regional bar association, branch of the Law Firm “Pelevin and Partners”
RESPONSIBILITY OF THE PLASTIC SURGERY CLINIC FOR IMPROPER FULFILLMENT OF CONTRACTUAL OBLIGATIONS TO THE PATIENT
The article presents the negative consequences of possible poorly performed plastic surgery. The concept and content of the civil liability of the clinic to the patient under the contract for the provision of medical services are disclosed. The requirements that the patient can present to the clinic are considered. It is revealed that the law establishes the presumption of guilt of the harm-doer, who must prove its absence, which increases the responsibility of the clinic. The grounds of the clinic’s innocent responsibility are under investigation. Attention is paid to the responsibility of the clinic for violation of the terms of the beginning and end of the provision of services. Analysis of judicial practice has shown that the patient must be aware of the risks that plastic surgery entails, and failure to achieve the result of the operation expected by the client does not always mean that the defendant provided a service of proper quality. The actual result is related to the specific clinical situation, the characteristics of the plaintiff’s body. It is concluded that in such cases it is necessary first of all to establish the fact of the inadequate quality of this service, and not the consequences to which the provision of services of inadequate quality has led. It is noted that the clinic is responsible for disclosing the patient’s medical secrets (in the form of compensation for moral damage).
Keywords: patient, clinic, medical organization, responsibility, harm, medical care, plastic surgery, guilt, health.
Bibliographic list of articles
1. Batyukova V. E. On the responsibility of doctors for mistakes made // Public service and law. 2019. No. 1.
2. Berillo M. S. Conditions of liability of medical organizations for causing harm to a patient’s health by medical intervention in judicial practice // Legal science and practice. 2016. T. 12. No. 1.
3. Slepenok Yu. N., Stankevich G. V., Stepanova L. P. Features of the responsibility of a medical organization for causing harm to a patient’s health // Legal Bulletin of the Dagestan State University. 2021. Volume 38. No. 2.
4. Starchikov M. Yu. Civil liability of medical organizations for harm caused to the life (health) of patients during the provision of medical services. Theoretical provisions and judicial practice. M., 2016.
5. Starchikov M. Yu. Guilt of a medical organization and cases of its innocent civil liability: on unresolved issues of legal regulation // SPS “Consultant Plus”, 2019.
6. Filimonov A. A. Features of the liability of medical organizations when causing harm to life and health: civil law aspect // Lawyer. 2022. No. 7 // SPS “Consultant Plus”.
7. Shayakhmetova A. R. Civil liability of medical organizationsth: problems of legal regulation. [Electronic resource]. – Access mode: https://pravgos.ru/index.php/journal/article/view/197/195 (date of access: 11/10/2023).
8. Shepel T.V. The relationship between contractual and tortious liability of a medical organization to the patient // Bulletin of Tomsk State University. Right. 2020. No. 38.
CIVIL LAW
ABSALYAMOVA Violetta Genrikhovna
postgraduate student of Civil law disciplines sub-faculty of the Tyumen State University
DOCTRINAL FOUNDATIONS AND PRECEDENT REGULATION OF GENETIC INFORMATION: A COMPARATIVE ANALYSIS
This article examines the current issues of ownership rights over genetic information, emphasizing the intensification of research activity in the field of genetics and the accompanying need for adapting legal foundations. The author offers an analytical review of existing legal doctrines, legislation, and influential court precedents covering aspects of ownership, management, and disposition of genetic data. Through comparative analysis, the necessity of harmonizing legal norms at the international level is highlighted to ensure the protection of personal rights and freedoms within the context of global legal standards.
Keywords: genetic information, property rights, informed consent, legal regulation.
Bibliographic list of articles
1. Grebenshchikova E. G., Andreyuk D. S., Volchkov P. Yu., Vorontsova M. V., Ginter E. K. et al. Genome editing of human embryos: an interdisciplinary approach // Bulletin of the Russian Academy of Medical Sciences. – 2021. – No. 1. – P. 86-92.
2. Locke D. Two treatises on government / John Locke; lane from English E. S. Lagutina and Yu. V. Semenov. – Moscow; Chelyabinsk: Sotsium, 2014. – 494 p.
3. Lyapun I.N., Andryukov B.G., Bynina M.P. Hela cell culture: the immortal legacy of Henrietta Lax // Molecular genetics, microbiology and virology. 2019. – No. 4. – P. 151-157.
CIVIL LAW
DICH Roman Antonovich
postgraduate student of Civil law and process and international private law sub-faculty of the Patrice Lumumba Peoples’ Friendship University of Russia
THE REGISTRY MODEL OF EXECUTIVE DOCUMENTS AS A TOOL FOR IMPROVING THE EFFICIENCY OF ENFORCEMENT PROCEEDINGS
The article examines the dynamics of the development of legal regulation of electronic executive documents, actualizes the practical aspects of issuing executive documents in electronic form. In addition, the draft law providing for the complete abandonment of executive documents in paper form in favor of creating an electronic register of such documents is analyzed, and the positive effects of a complete transition to the registry model of executive documents are predicted, increasing the efficiency of both executive and judicial proceedings.
Keywords: enforcement proceedings, digitalization, registry of enforcement documents, bailiff.
Bibliographic list of articles
1. Branovitsky K. L., Yarkov V. V. Possible directions for the transformation of the civil process in the conditions of digitalization and pandemic: predictive justice // Russian law: education, practice, science. – 2021. – No. 4. – P. 19-26. – DOI: 10.34076/2410_2709_2021_4_19.
2. Ustimova S. A., Rasskazova E. N. Digitalization of enforcement proceedings: advantages and problems // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2022. – No. 5. – P. 267–270. – [Electronic resource]. – Access mode: https://doi.org/10.24412/2073-0454-2022-5-267-270.
CIVIL LAW
NEMAYA Svetlana Yurjevna
competitor of Civil law sub-faculty of the O. E. Kutafin Moscow State Law University (MSAL)
PROBLEMATIC ISSUES OF CONCLUDING AN INTERCREDITOR AGREEMENT
The article outlines a number of issues related to the conclusion of an agreement on the procedure for satisfying creditors’ claims against the debtor (Article 309.1 of the Civil Code of the Russian Federation). The contractual models of subordination of liabilities with active and passive several and joint and several plurality of persons are examined, analyzing their economic feasibility and potential legal risks. The issue of interpreting the homogeneity of subordinated claims of creditors is also considered, revealing the economic and legal inconsistency of the model of subordination of creditors’ claims under synallagmatic contracts in the presence of an unfulfilled counter-obligation, using the example of subordination of a borrower’s claim against the lender for the transfer of the subject of the loan – the buyer’s claim to the seller for the transfer ofa similar item.
Keywords: agreement on the procedure for satisfying creditors’ claims against the debtor, intercreditor agreement, conclusion of an agreement, several and joint and several liabilities, homogeneous liabilities.
Bibliographic list of articles
1. Serdyukov K. A. On the boundaries of the concept of obligations with a plurality of persons // Society and Law. – 2010. – No. 3 (30). – pp. 94-98.
2. Meyer D.I. Russian civil law: In 2 parts. Part 2. – M., 1997. – P. 109.
3. Melikhov E. Subordination of debt: Great Britain, US practice and prospects for applicability in Russia // Journal of the Mergers and Acquisitions Agency. – 2015. – No. 4 (18). – pp. 34-45.
CIVIL LAW
TVORUN Karina Ilmirovna
master of Public Administration, Chief Legal Advisor of PJSC Aeroflot, Moscow
ATTEMPT TO ESTABLISH AND REGULATE THE “RIGHT TO OBLIVION” IN DOMESTIC LEGISLATION AS A SEPARATE CATEGORY
This study is devoted to the problem of the right to oblivion in the digital space, which has become one of the key topics in the conditions of the formation of the Internet network. The increase in the volume of personal data has led to the emergence of the need to develop new mechanisms to protect the constitutional rights of citizens. The emergence of this right was motivated by the risks associated with the disclosure of information on the Internet in terms of individual rights and freedoms, including the right to privacy. Within the current process of digitalization of data, a contradiction is revealed that requires the development of constitutional and legal instruments to harmonize freedom of information and individual privacy.
The author analyzes the relationship between the development of mass media and the need to ensure the protection of privacy, as well as the development of domestic legislation in the field of regulation of information dissemination and emphasizes the importance of developing mechanisms of legal protection of the individual in the digital information space.
Keywords: Right to Oblivion, Internet, personal data, information protection, Constitution of the Russian Federation, information and legal status of an individual.
Bibliographic list of articles
1. Rulings of the ECtHR of June 16, 2015 in the case of Delfi AS v. Estonia. Castells, Manuel (1942-). The power of communication [Text]: [textbook]. – 2nd ed. augmented – Moscow: Publishing house. House of Higher school Economics, 2017. – 590 pp.: ill., table; cm.; ISBN 978-5-7598-1556-3.
2. The European Data Protection and Privacy Conference // European Commission. [Electronic resource]. – Access mode: https://ec.europa.eu/commission/presscorner/detail/en/SPEECH_10_700 (access date: 05/15/2024).
3. O’Hara Kieron. The Right to Be Forgotten: The Good, the Bad, and the Ugly // University of Southampton. The Digital Citizen, 2015.
4. Krylova M. S. Principles of processing personal data in the law of the European Union // Current problems of Russian law. – 2017. – No. 10. – P. 179 @@ Sokolova O. S. Protection of personal data through the right to be forgotten // Modern law. – 2016. – N 9. – P. 69 @@ Malko A.V. Legitimate interests as a legal category [Text] = Legitimate interests as legal category / A.V. Malko, V.V. Subochev. – St. Petersburg: R. Aslanov Publishing House: Legal. Center Press, 2004. – 357 pp.; 21 cm. – (Theory and history of state and law / Assoc. Legal Center, Russian Academic Sciences, Saratov Branch of the Institute of State and Law).; ISBN 5-94201-369-1 (translated).
5. Pushkarskaya A. The Constitutional Court did not doubt the “right
to oblivion” // Kommersant. – 2019. – April 20. – No. 71. – P. 2.
6. Determination of the Constitutional Court of the Russian Federation of November 26, 2018 No. 3087-O on refusal
in accepting for consideration K.’s complaint about the violation of his constitutional rights, paragraph 1 of Art. 3 and part 1 art. 8 of the Federal Law “On Information, Information Technologies and Information Protection”.
7. Ruling of the Constitutional Court of the Russian Federation of February 12, 2019 No. 275-O “On the refusal to accept for consideration the complaints of A.O. Bezrukova for violation of her constitutional rights, paragraph 1 of Art. 1521 and paragraph 1 of Art. 1522 of the Civil Code of the Russian Federation.”
8. Ruling of the Constitutional Court of the Russian Federation of March 26, 2019 No. 849-O “On the refusal to accept for consideration the complaint of the Regional public organization for promoting the education of citizens “Information and Analytical Center “Sova” for violation of constitutional rights and freedoms Art. 10.3 of the Federal Law “On Information, Information Technologies and Information Protection”, in paragraph 2 of Art. 1 of the Federal Law “On Amendments to the Federal Law “On Information, Information Technologies and Information Protection” and Articles 29 and 402 of the Civil Code of the Russian Federation.”
CIVIL LAW
CHERKASOV Artem Yurjevich
postgraduate student of the 2nd course of the G. V. Plekhanov Russian University of Economics
MIKHAYLOVA Veronika Dmitrievna
master’s degree of the Financial University under the Government of the Russian Federation
ECONOMIC AND LEGAL VIEW ON THE PROCEDURE FOR FORMING SHARE PRICES USING THE EXAMPLE OF OIL AND GAS COMPANIES
Investment decisions are made based on technical and fundamental analysis of the market, legal regulation and specific market instruments. It is worth noting that it is also necessary to understand the mechanism by which securities prices are formed, as well as to study factors that can influence quotes. The problem of market pricing is considered by many domestic and foreign lawyers and economists. In view of this, the analysis of the procedure for forming share prices is relevant.
Keywords: securities, shares, oil companies, transfer pricing, investments.
Bibliographic list of articles
1. Bavrina A.P., Borisov I.B. Modern rules for using correlation analysis // Medical almanac. – 2021. – No. 3 (68). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sovremennye-pravila-primeneniya-korrelyatsionnogo-analiza.
2. Vakin A. N., Pitsukha A. V. Analysis of the state and factors influencing the value of shares of oil and gas companies // Scientific notes of young researchers. – 2020. – No. 2. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/analiz-sostoyaniya-i-faktorov-vliyayuschih-na-stoimost-aktsiy-neftegazovyh-kompaniy.
3. Dyakov S. A., Mut A. A. Import and export of oil and gas in Russia before and after sanctions // Innovative science. – 2016. – No. 6-1. – pp. 96-99.
4. Lomtatidze O. V., Shuleshko S. I. Market value of shares and its determining factors // Economics and management: analysis of trends and development prospects. – 2013. – No. 7-2. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/rynochnaya-stoimost-aktsiy-i-opredelyayuschie-eyo-faktory.
5. Malkina M. Yu., Yakovleva E. K. Analysis of the influence of macroeconomic and industry factors on the stock price of companies // Finance and Credit. – 2016. – No. 44 (716). – P. 33-47. – EDN XAHIWJ. – [Electronic resource]. – Access mode: https://www.elibrary.ru/download/elibrary_27340067_49929482.pdf.
6. Milchakova N. A. On the issue of the dependence of the stock market and inflation // Economic analysis: theory and practice. – 2003. – No. 5. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/k-voprosu-o-zavisimosti-rynka-aktsiy-i-inflyatsii.
CIVIL PROCEDURE
AGEEVA Galina Evgenjevna
Ph.D. in Law, associate professor, Head of Civil and arbitration process sub-faculty of the Samara State University of Economics
BELOZEROV Maxim Evgenjevich
magister student of the 1st course of Civil and arbitration process sub-faculty of the Samara State University of Economics
TIMETS Vladimir Yurjevich
postgraduate student of Civil and arbitration process sub-faculty of the Samara State University of Economics
CONSTRUCT OF “UNFRIENDLY ELEMENT” WITHIN THE FRAMEWORK OF ACCESS OF A FOREIGN PERSON TO INFORMATION ABOUT A RUSSIAN CORPORATE ORGANIZATION
The article studies the construction of “unfriendly element” when it is used in relation to corporate relations and come to light some tendencies of its development. The authors note that the construction “unfriendly element” hinders the development of the principle of balance of interests. As a result of the research the necessity of formation of the mechanism of using dispositive change of the order of providing the list of information is revealed.
Keywords: unfriendly element, Russian corporate organization, access to information, restrictions in providing information.
Bibliographic list of articles
1. Zotova E. K. Preservation of corporate control in a joint-stock company in the law of Germany and Russia: dissertation … candidate of legal sciences: 12.00.03 / Elizaveta Konstantinovna Zotova. – Moscow, 2020. – 269 p.
2. Corporate law: textbook and workshop for universities / G. F. Ruchkina [et al.]; edited by G. F. Ruchkina. – Moscow: Yurayt Publishing House, 2024. – 212 p. – (Higher education). – ISBN 978-5-534-11005-0. – Text: electronic // Educational platform Urayt [website]. [Electronic resource]. – Access mode: https://urait.ru/bcode/542186 (date of access: 03/18/2024).
3. Corporate law. Current problems of theory and practice / V. A. Belov [etc.]; edited by V. A. Belov. – 2nd ed., erased. – Moscow: Yurayt Publishing House, 2024. – 552 p. – (Higher education). – ISBN 978-5-534-03261-1. – Text: electronic // Educational platform Urayt [website].[Electronic resource]. – Access mode: https://urait.ru/bcode/535551 (date of access: 03/18/2024).
CIVIL PROCEDURE
AKHMETZYANOVA Gulnara Nafisovna
Ph.D. in Law, associate professor, associate professor of Civil process law sub-faculty of the Kazan branch of the Russian State University of Justice
SALAKHOVA Gulnaz Ildarovna
student of the 3rd course of the Faculty of Law of the Kazan branch of the Russian State University of Justice
LEGAL REPRESENTATION IN CIVIL PROCEEDINGS
This article examines the role of legal representation in civil proceedings. The author analyzes the importance of a lawyer as a professional who provides legal protection of the interests of the parties in civil proceedings. Special attention is paid to the functions, powers and responsibilities of a lawyer in civil proceedings, as well as its impact on ensuring fairness and effectiveness of civil cases.
Keywords: lawyer, civil procedure, representation, protection of interests, legislation, judicial proceedings, justice.
Bibliographic list of articles
1. Davydova Yu. I. “Legal regulation of representation in civil legal relations under the legislation of the Russian Federation” // Young scientists.RF. – 2024. – No. 1. – P. 3-10.
2. Medvedeva E. V. “Representation in civil proceedings” // International Journal of Humanities and Natural Sciences. – 2023. – No. 5-3 (80). – pp. 34-37.
3. Muzurova Yu. V. “Fundamentals of legal representation in civil proceedings” // Interactive science. – 2022. – No. 8 (73). – pp. 101-102.
4. Ogneva E. A., Gavrilyev A. S. “Advocacy in the system of providing free legal assistance in modern Russia: current aspects” // Universum: economics and jurisprudence. – 2024. – No. 1 (111). – pp. 51-53.
5. Review of judicial practice of the Supreme Court of the Russian Federation No. 2 (2015) (approved by the Presidium of the Supreme Court of the Russian Federation on June 26, 2015) // Bulletin of the Supreme Court of the Russian Federation. – 2015. – No. 10.
6. Resolution of the Constitutional Court of the Russian Federation dated January 23, 2007 No. 1-P “In the case of verifying the constitutionality of the provisions of paragraph 1 of Article 779 and paragraph 1 of Article 781 of the Civil Code of the Russian Federation in connection with complaints from the limited liability company “Corporate Security Agency” and citizen B . V. Makeeva” // Collection of legislation of the Russian Federation. – 2007. – No. 6. – Art. 828.
7. Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated 02/04/2014 No. 16291/10 in case No. A40-91883/08-61-820 // Bulletin of the Supreme Arbitration Court of the Russian Federation. – 2014. – No. 6.
CIVIL PROCEDURE
PARFIRJEV Dmitriy Nikolaevich
Ph.D. in Law, associate professor of Civil process law sub-faculty of the Kazan branch of the Russian State University of Justice
DUBININA Alexandra Sergeevna
student of the 3rd course of the Kazan branch of the Russian State University of Justice
ULDANOVA Almira Imilevna
student of the 3rd course of the Kazan branch of the Russian State University of Justice
FREE LEGAL AID AT THE PRESENT STAGE OF DEVELOPMENT OF CIVIL PROCEEDINGS
This article analyzes the current state of the institution of free legal aid in the framework of civil proceedings. The main tendencies of development of the institution of free legal aid, its problems and ways of their solution were outlined. The article discussed the question of the need to revise the categories of citizens entitled to free legal aid, as well as – the question of the need for legislative changes in the list of powers of representatives of non-state organizations in the provision of free legal aid.
Keywords: free legal aid, law, justice, accessibility, civil proceedings.
Bibliographic list of articles
1. Aleksandrov A. Yu., Arkhipova I. A. Free legal assistance in the form of representation in civil proceedings // Modern Science. – 2022. – No. 7. – P. 33-37.
2. Belyaeva M. S. Problems of providing free legal assistance that affect the accessibility of justice in civil proceedings. // Current issues of modern science. – 2021. – pp. 41-51.
3. Belyakova A. V. The importance of professional legal assistance in the implementation of the protection of the right to legal proceedings within a reasonable time // Journal of Administrative Legal Proceedings. – 2022. – No. 1. – P. 37-43.
4. Medvedeva V. A. Problems of providing free legal assistance in civil proceedings //Modern science: current issues, achievements and innovations. – 2020. – pp. 250-252.
5. Ustinova V. G. Problems of providing free legal assistance in civil proceedings // Materials of the All-Russian Conference with International Participation (Kurgan, February 12, 2020). – 2020. – P. 142.
CIVIL PROCEDURE
SAVENKOV Artem Alexandrovich
Ph.D. in Law, doctoral student of the Institute of State and Law of the Russian Academy of Sciences
MOROZOVA Sofiya Yurjevna
master degree of Civil process sub-faculty of the Faculty of Law of the M. V. Lomonosov Moscow State University
PRE-TRIAL DISCLOSURE IN ENGLAND CIVIL PROCEDURE
The article deals with a pre-trial disclosure of evidence in England civil procedure. The author explains the meaning of the term “disclosure” that replaced the historical term “discovery” in the course of Lord Woolf’s reform. Disclosure helps to reduce informational inequality between the parties, clarify the disputed issues and contributes to the settlement of disputes. Special attention is paid to the pre-action protocols regulating early disclosure of documents on the eve of litigation. Examples of documents to be disclosed in personal injury cases are provided.
Keywords: civil procedure, pre-trial, disclosure, evidence, England, disclosure, discovery, pre-action protocols, on the eve of litigation.
Bibliographic list of articles
1. Levin J.B. Discovery: A Comparison between English and American Civil Discovery Law with Reform Proposals [Disclosure: a comparison of English and American civil discovery legislation with reform proposals]. – Oxford: Clarendon Press, 1982. – 208 p.
2. Lozovitskaya A.D. Modernization of disclosure in civil proceedings in England: monograph. – M.: Publishing House “Gorodets”, 2021. – P. 9.
3. Higgins A. Open door disclosure in civil // International Journal of Evidence & Proof. – 2012. – Vol. 16, Issue 3. – P. 301.
4. Wolfson M. E. Addressing the adversarial dilemma of civil discovery // Cleveland State Law Review. – 1988. – Vol. 36, Issue 1.
5. Lozovitskaya A. D. The importance of disclosing evidence in civil proceedings in Russia and England // Laws of Russia: experience, analysis, practice. – 2019. – No. 11. – P. 100-104.
6. Walker, E. Understanding pre-action protocols in civil litigation: resolving disputes before court. [Electronic resource]. – Access mode: https://www.ramsdens.co.uk/blog/understanding-pre-action-protocols-civil-litigation-resolving-disputes-court (access date: 04/30/2024).
7. Lord Woolf. Interim report. June 1995. – Oxford: Oxford University Press, 1996.
8. Pre-Action Protocol for Personal Injury Claims. [Electronic resource]. – Access mode: https://www.justice.gov.uk/courts/procedure-rules/civil/protocol/prot_pic#2.1 (access date: 04/30/2024).
9. Practice direction Pre-action conduct. [Electronic resource]. – Access mode: https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/practice_directions/pd_pre-action_conduct.pdf (access date: 04/30/2024).
10. Pre-Action Protocol for Personal Injury Claims. [Electronic resource]. – Access mode: https://www.justice.gov.uk/courts/procedure-rules/civil/protocol/prot_pic#2.1 (access date: 04/30/2024).
CIVIL PROCEDURE
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 Civil and private international law sub-faculty of the Volgograd State University
ALTERNATIVE PROCEDURES FOR THE RESOLUTION OF DISPUTES ARISING BETWEEN THE SUBJECTS OF A PRENUPTIAL AGREEMENT
The authors of the article characterized the main means of preventing conflicts between parties to a prenuptial agreement, which included: negotiation, claim procedure of dispute resolution, mediation and arbitration. Each of these procedures has distinctive features and can be used depending on the specific conflict situation. It is concluded that one of the key advantages of alternative dispute resolution between the parties to the prenuptial agreement is the possibility of quick and effective resolution of the conflict without recourse to the court of general jurisdiction.
Keywords: prenuptial agreement, spouses, negotiation, claim procedure, mediation, legislation, arbitration.
Bibliographic list of articles
1. Dubrovina A. N., Fantrov P. P. Trends in the modernization of the institution of marriage contracts in modern Russia // Forum. – 2023. – No. 3.
2. Zagainova S.K. The concept of creating a Russian system of conciliation procedures: basic ideas // Arbitration and civil process. – 2018. – No. 7.
3. Kocharovsky D. S. Problems of judicial regulation of property and personal non-property rights of spouses upon divorce in RoRussian Federation // Law and law. – 2023. – No. 6.
4. Sevastyanov G.V. Theoretical foundations of alternative dispute resolution: the concept of private procedural law // Reader on alternative dispute resolution: Educational materials and practical recommendations. – St. Petersburg: ANO “Editorial Board of the Journal “Arbitration Court”, 2009.
5. Khakhaleva N.V., Kuchma E.A. On the issue of creating a Russian system of conciliation procedures // Achievements of science and education. – 2018. – No. 12.
6. Chashkova S. Yu. Competition of family law contracts and mediation agreements aimed at regulating family law disputes // Lex Russica (Russian Law). – 2022. – No. 4.
7. Yarkov V.V. Mediation in notarial activity: new opportunities and their limits // Notary. – 2020. – No. 1.
CIVIL PROCEDURE
ZIYATDINOVA Aina Azatovna
student of the Kazan branch of the Russian State University of Justice
THE CONTENT AND FORM OF ELECTRONIC EVIDENCE
The article reveals the features of the content and form of electronic evidence. It is noted that there are no norms regulating this issue in the legislation, in connection with which the position of the Plenum of the Supreme Court of the Russian Federation is being studied, judicial practice is being analyzed, and the role of the notary in providing electronic evidence of the appropriate form is being considered. The author emphasizes the importance of the Far Eastern legal regulation in the field of electronic evidence, as well as the development of special rules for submission to court, research and evaluation of such evidence.
Keywords: electronic evidence, evaluation of evidence, provision of evidence, proof, civil procedure.
Bibliographic list of articles
1. Civil procedural code of the Russian Federation of November 14, 2002 No. 138-FZ (as amended on December 25, 2023) // Collection of legislation of the Russian Federation. – 2002. – No. 46. – Art. 4532.
2. Fundamentals of the legislation of the Russian Federation on notaries of February 11, 1993 (as amended on June 28, 2024) // Collection of Legislation of the Russian Federation. – 1993. – No. 4462-1. – St. 358.
3. Federal Law of April 6, 2011 No. 63-FZ “On Electronic Signatures” (as amended on August 4, 2023) // Collection of Legislation of the Russian Federation. – 2011. – No. 15. – Art. 2036.
4. On the application of part four of the Civil Code of the Russian Federation: Resolution No. 10 of the Plenum of the Supreme Court of the Russian Federation of April 23, 2019 // Bulletin of the Supreme Court of the Russian Federation: official publication. – 2019
5. Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated December 6, 2016 No. 35-КГ16-18. – [Electronic resource]. – Access mode: https://legalacts.ru/sud/opredelenie-verkhovnogo-suda-rf-ot-06122016-n-35-kg16-18/ (date of access: 02.20.2024).
6. Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated February 7, 2023 No. 5-KG22-144-K2. – [Electronic resource]. – Access mode: https://www.vsrf.ru/stor_pdf.php?id=2212388&ysclid=lkwnrqqc3f780326949 (date of access: 02.20.2024).
7. Gavrilova O. Yu. Providing evidence by a notary // Stolypin Bulletin. – 2023. – No. 4. – P. 1720-1728.
8. Morozova G. A., Gubaidullina E. Kh. Electronic documents in civil proceedings: problems in the method and form of submission to the court // International Journal of Humanities and Natural Sciences. – 2020. – No. 4-2. – pp. 193-197.
9. Nakhova E. A. Problems of electronic evidence in the civil process // Leningrad Law Journal. – 2015. – No. 4 (42). – pp. 301-312.
10. Novitsky V. A., Novitskaya L. Yu. Concept and types of digital evidence // Leningrad Legal Journal. – 2019. – No. 1 (55). – pp. 213-220.
11. Screenshot as evidence in court. Yandex.Zen. – [Electronic resource]. – Access mode: https://dzen.ru/a/Y4tnRhGcCEPR9Kpg (date of access: 02/16/2024).
CIVIL PROCEDURE
LARIN Vadim Ruslanovich
magister student of the 2nd course of the Law School of the Far Eastern Federal University, Vladivostok
ON THE CONCEPT OF ABUSE OF PROCEDURAL RIGHTS IN THE CIVIL PROCESS
This article raises the question of the concept of abuse of procedural law, analyzes doctrinal definitions of procedural abuse, as well as the position of the Supreme Court of the Russian Federation regarding the signs that make it possible to identify the fact of abuse of law. The work presents different points of view of scientists on this issue and analyzes it from the point of view of consistency with civil procedural legislation.
The author proposes to include in the procedural codes of the Russian Federation norms that establish the concept, types and legal consequences of abuse of procedural law. To streamline and harmonize legislation, the norms should be consolidated in a separate chapter of the Code of Civil Procedure of the Russian Federation, which will facilitate the correct and timely consideration and resolution of civil, arbitration and administrative cases.
Keywords: abuse of procedural rights, civil process, dishonest behavior of persons involved in the case, the concept of abuse of procedural rights, methods of procedural abuse, legal consequences of unfair behavior, judicial practice , civil process, arbitration process, administrative proceedings.
Bibliographic list of articles
1. Aminova G. A. Abuse of civil procedural rights in civil proceedings // Vestnik Bashkirsk. un-ta. 2019. No. 3. P. 767-770.
2. Berdova I. A., Ginzburg I. V. Abuse of procedural rights in civil proceedings // World of Science and Education. 2017. No. 2 (10). P. 7.
3. Boretskaya L. R. Abuse of procedural rights in the civil process: concept, goals and methods // Scientific notes of the Crimean Federal University named after V. I. Vernadsky. Legal sciences. 2022. T. 8. No. 4. P. 331-339.
4. Borisov Ya. I. On the legal nature of procedural abuses in the civil process // Law and practice. 2022. No. 3. P. 200-204.
5. Vede Yu. V. Basic concepts of abuse of procedural rights // Arbitration and civil process. 2019. No. 10. P. 19-23.
6. Vyazovtseva V. E., Mironov A. A. On the concept of abuse of procedural rights in the arbitration process of the Russian Federation // Questions of Russian Justice. 2020. No. 9. P. 1183-1189.
7. Gotyzheva Z. M. Abuse of procedural rights: problems and solutions // Bulletin of the Saratov State Law Academy. 2018. No. 1 (120). pp. 166-172.
8. Goshkoderya O. A., Taran A. N. Abuse of procedural rights in civil proceedings // International Journal of Humanities and Natural Sciences. 2022. No. 9-1. pp. 179-181.
9. Yudin A.V. Abuse of procedural rights in civil proceedings: dis. … doc. legal Sci. St. Petersburg, 2009. 52 p.
CIVIL PROCEDURE
MUKOSEEV Ivan Vladimirovich
magister student of the 2nd course of the full-time department of the direction of training 40.04.01 “jurisprudence” in the profile “Civil law. Family Law” of the St. Petersburg State University of Economics
DETERMINATION OF THE LIMITS OF JUDICIAL DISCRETION IN THE ANALOGY OF LAW IN CIVIL PROCEEDINGS
Relevance. The article reveals the significance of the analogy of law in civil proceedings. The annual technological and technical development of mankind penetrates deeper and faster into all spheres of public life. Such rapid, versatile, technically complex changes in civil law relations entail the absence of their clear regulation and reflection in the current legislation, and cause the formation of increasingly large legal gaps. The analogy of law is able to overcome emerging disputable situations that do not fall under the regulation of a specific rule of law. In this regard, this mechanism in court proceedings has now received increased relevance, in order to preserve the legality of which it remains important to define clear boundaries of its application in order to avoid judicial arbitrariness.
The purpose of this article is to comprehend one of the varieties of judicial discretion – the analogy of law with the identification of the limits of its application.
Objectives: to investigate the very concept and mechanism of analogy of law, to determine its significance in overcoming gaps in legislation found during the trial. To discover in the laws and the doctrine of law the restraining framework (limits) of the manifestation of judicial discretion.
Methodology. The methodological basis of this article consists of methods of scientific cognition, including analysis, historical method, as well as formal legal and comparative legal methods.
Results. Within the framework of the study, the expediency of using the analogy of law was determined, and the limits of its use were noted, preserving the legality of the mechanism for overcoming gaps in law in the process of civil proceedings.
Conclusion. The analogy of law is one of the forms of implementation of judicial discretion, used to overcome the legal gaps in the legislation. Unsettled by law public relations in the case of becoming the subject of judicial proceedings are resolved by applying the principles of the general principles of law, acting at the same time as the limits of judicial discretion, since the decision made by the court under the analogy of law must strictly comply with them.
Keywords: judicial discretion, analogy of law, law enforcement, powers of the court, civil proceedings.
Bibliographic list of articles
1. Abramova E. N. Discussions about the legal nature of cryptocurrency // Law and modern economics: collection of materials of the I International Scientific and Practical Conference of the Faculty of Law of St. Petersburg State University of Economics, St. Petersburg, April 05, 2018. – St. Petersburg: St. Petersburg State Economic University, 2018.
2. Bonner A. T. Application of the law and judicial discretion // Soviet State and Law – 1979. – No. 6.
3. Vlasenko N. A., Zaloilo M. V. Concretization and interpretation of law as the creative content of judicial practice // Journal of Russian Law. – 2016. – No. 8 (236).
4. Gadzhialieva N. Sh. Application of discretionary powers by the court when interpreting the rules of law // Bulletin of Economic Security. – 2021. – No. 5.
5. Gadzhialieva N. Sh. Implementation of discretionary powers by the court when applying the analogy of law in civil proceedings // Education. The science. Scientific personnel. – 2022. – No. 1.
6. Golyakova I. T. Collection of resolutions of the Plenum and rulings of the collegiums of the Supreme Court of the USSR, 1940. – M.: Legal. Publishing house of the People’s Commissariat of Justice of the USSR, 1941.
7. Gurvich M. A. Judicial decision. Theoretical problems. – M.: Legal. lit., 1976.
8. Demichev A. A., Ilyukhina V. A. About some debatable problems of the principles of the civil process in Russia (analogy of law and analogy of law, combination of individual and collegial principles in legal proceedings) // Arbitration and civil process. – 2020. – No. 7.
9. Dmitrievna K. A. Sources of discretionary powers of judges in Russian law // Bulletin of the Baltic Federal University. I. Kant. Series: Humanities and social sciences. – 2016. – No. 3.
10. Dmitrievna K. A. Implementation of discretionary powers of law enforcers in the system of ways to overcome legal uncertainty // Bulletin of Omsk State University. Series. Right. – 2017. – No. 4 (53).
11. Dmitrievna K. A. (14 text) The legal position of a judge in the process of exercising discretionary powers // Vestn. Volume. state un-ta. Right. – 2017. – No. 23.
12. Kuznetsova N.V., Lapshina L.P. Discussion issues of law enforcement discretion // Bulletin of the Udmurt University. Series “Economics and Law”. – 2020. – No. 1.
13. Lazarev V.V., Lipen S.V. Theory of state and law: a textbook for universities. 5th edition, rev. and additional – M.: Yurayt Publishing House, 2023.
14. Laptander A.A. Analogy in the system of Russian civil law // Scientific and practical electronic journal Alley of Science 2021 No. 6 (57);
15. Lushnikov P.V. Problems in law and ways to eliminate them // Bulletin of the Udmurt University. – 2020. – No. 3.
16. Lyubushkin V. A., Chelmakina A. A. The problem of gaps in legislation and ways to eliminate it // Contentus. – 2022. – No. 4.
17. Mezhekkey A.V. Judicial law-making, implemented through the application of the analogy of law and the analogy of law // Education and Law. – 2022. – No. 10.
18. Mironov V. O., Kabanova O. V., Pavlina T. G. Gaps in the law and some other aspects of law enforcement // Agrarian and land law. – 2020. – No. 4 (184).
19. Musatkina A.I. Gaps in law and justice: causes and ways to eliminate them // Problems of reforming Russian statehood: Materials of the XIV All-Russian Conference on National and International Law. Ekaterinburg: Educational and Scientific Laboratory “SAPIENTIA”, 2019.
20. Nikitina A. A. Gaps in law and legislation: concept, causes and methods of elimination // Senergy Sciences. – 2019. – No. 3.
21. Pigolkin A. Detection and overcoming gaps in the law // Soviet State and Law. – 1970. – No. 3.
CIVIL PROCEDURE
MUSLIMOVA Jamilya Galimovna
magister student of the 2nd year of study of the 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
FEATURES OF EVALUATION OF DIGITAL EVIDENCE IN CIVIL PROCEEDINGS
The evaluation of digital evidence presents a pressing challenge in today’s legal society. Digital technologies are increasingly being used as evidence in civil cases, but their assessment requires special attention and expertise. This article will discuss the main aspects of assessing digital evidence, such as authenticity, reliability, expert opinion, compliance with law, transparency and privacy protection. Analysis of these features will identify key aspects of the assessment of digital evidence and offer recommendations for the judiciary and parties in civil proceedings.
Keywords: evaluation of digital evidence, methods of evaluating electronic evidence, written evidence, electronic documents.
Bibliographic list of articles
1. Laptev V. A. Elethrone evidence in the arbitration process // Russian justice. – 2017. – No. 2. – P. 56-59.
2. Sedelnikova D. V. Problems of using electronic evidence in civil and arbitration processes // Civil law and process. – 2017. – No. 2. – P. 31-34.
3. Bakhareva O. A. Certain aspects of research and evaluation of electronic documents // Bulletin of the Saratov State Law Academy. – 2021. – No. 6. – P. 157-161.
4. Reshetnyak V.I., Smagina E.S. Information technologies… P. 179.
FAMILY LAW
MAXIMOV Vitaliy Alexeevich
Ph.D. in Law, associate professor, associate professor of Civil law disciplines sub-faculty of the St. Petersburg Law Institute (branch) of the University of the Public Prosecutor’s Office of the Russian Federation
DROBOV Dmitriy Evgenjevich
Ph.D. in Law, associate professor of Civil law and civil process sub-faculty of the St. Petersburg University of the MIA of Russia
UNIFICATION OF FAMILY LAW: MYTH OR REALITY?
The article is devoted to the study of attempts to harmonize the family legislation of the European Union. The authors draw attention to the fact that the lack of unity among scholars determines the need for further research into this problem. The study demonstrates that the establishment of the Commission for European Family Law (CEFL) was important for the unification of family law within the EU. Within the framework of the study, the authors note that the harmonization of family law in the EU is also facilitated by the practice of the European Court of Human Rights, under the influence of which states are forced to change their national legislation, bringing it in line with common European values. The authors agree with the application of the “best law” method in the development of the principles of European family law. The authors pay special attention to the argumentation and analysis of the opinions of various European scholars.
Keywords: family law, unification, harmonization, method of better law, European Union, Commission for European Family Law (CEFL).
Bibliographic list of articles
1. Anca-Monica Ardeleanu. Principles of European Family Law Regarding Divorce-Special View over the Romanian Civil Code // AUDJ. – 2013. – Vol. 9.No. 2. – R. 51-61.
2. Antokolskaia M. Family law and national culture. Arguing against the cultural constraints argument // Utrecht Law Review. – 2008. – No. 4 (2). – R. 25-26. – [Electronic resource]. – Access mode: https://www.utrechtlawreview.org/articles/abstract/10.18352/ulr.63/
3. Lhoest B. The Harmonization of European Family Law: Work in Progress. – 2016. – [Electronic resource]. – Access mode: https://www.peacepalacelibrary. nl/2016/12/the-harmonization-of-european-family-law-work-in-progress/
4. Boele-Woelki K. The principles of European family law: its aims and prospects // Utrecht Law Review. – 2005. – No. 1(2). – R. 160-168. – DOI: http://doi.org/10.18352/ulr.13.
5. Burcu Kalkan Oguzturk. A General Perspective to the History and the Harmonization Idea of Family Law in Europe. 2009. – [Electronic resource]. – Access mode: https://dergipark.org.tr/download/article-file/6141.
6. David Bradley. A family law for Europe? Sovereignty, political economyand legitimation. Perspectives for the unification and harmonization of family law in Europe. Edited by Katharina Boele-Woelki. – Antwerp – Oxford – New York, 2003. – R. 65-104.
7. Dieter Martiny. Is Unification of Family Law Feasible or even Desirable? – 2010. – [Electronic resource]. – Access mode: http://dx.doi.org/10.2139/ssrn.1612157.
8. Masha Antokolskaia. The “Better law” approach and the harmonization of family law. Perspectives for the unification and harmonization of family law in Europe. Edited by Katharina Boele-Woelki. – Antwerp – Oxford – New York, 2003. – R. 159-182.
9. Nina Dethloff. Arguments for the unification and harmonization of family law in Europe. Perspectives for the unification and harmonization of family law in Europe. Edited by Katharina Boele-Woelki. – Antwerp – Oxford – New York, 2003. – R. 37-64.
10. Walter Pintens. Europeanization of family law. Perspectives for the unification and harmonization of family law in Europe. Edited by Katharina Boele-Woelki. – Antwerp – Oxford – New York, 2003. – R. 3-33.
LABOR LAW
ALIEV Ali Shapievich
postgraduate student of the Academy of Labor and Social Relations, lecturer of the Dagestan State University, branch in Izberbash
FEATURES OF THE IMPLEMENTATION OF SOCIAL PROGRAMS FOR YOUNG FAMILIES
Support for young families is one of the priorities of State policy. The positive development of society, stability and well-being depend on the success of the adaptation of new family units in society. In this regard, social programs for young families play an important role, providing support, tangible and intrinsic benefits, as well as creating conditions for their full-fledged social development.
First of all, the State is required to establish an individual approach to each family when developing social programs for young families. Given the diversity of situations and needs, programs should be designed with the interests of each family in mind. Programs should provide various forms of support, ranging from financial benefits at the birth of a child and maternity capital, ending with the provision of housing or preferential loans for the purchase of housing.
This approach allows us to take into account various factors of the economic crisis and its impact on young families and protect the interests of specific young families as cells of modern society.
Keywords: young family, social security, family interests, individual approach.
Bibliographic list of articles
1. Adryushina E. V., Panova E. A. The influence of state policy on the family strategies of student youth // Art of Management. – 2019. – T. 11. No. 2. – P. 200-219.
2. Balashova I.V. Development of a system of social support for families // Bulletin of the Adygea State University. Episode 5: Economics. – 2022. – No. 4(310). – pp. 115–120.
3. Antonov A.I. Family as a social institution // Fundamentals of Sociology / Ed. A. G. Efendieva. – M., 2004. – Ch. 2. – pp. 15-25.
4. Social work with youth: textbook / Ed. N. F. Basova. – M.: Publishing and trading corporation “Dashkov and K°”, 2010. – 3rd ed. – 328 c.
5. Zhuravleva L. A., Kruzhkova T. I. Crisis phenomena of the family institution // Agrarian education and science. – 2016. – No. 2. – pp. 23-26.
LAND LAW
DE Egor Petrovich
assistant of Labor and Environmental law sub-faculty of the Far Eastern Federal University, Vladivostok
NAZAROVA Anastasia Maximovna
student of the 3rd course of the bachelor’s degree in the field of training 03/40/01 of the Law School of the Far Eastern Federal University, Vladivostok
LYASHKO Yuliya Olegovna
student of the 3rd course of the bachelor’s degree in the field of training 03/40/01 of the Law School of the Far Eastern Federal University, Vladivostok
PROVATKINA Valeriya Evgenjevna
student of the 3rd course of the bachelor’s degree in the field of training 03/40/01 of the Law School of the Far Eastern Federal University, Vladivostok
MAIN PROBLEMS OF APPLICATION OF LAND LEGISLATION ON THE LEGAL REGIME OF SPECIALLY PROTECTED NATURAL TERRITORIES
This article considers a number of problems of land legislation application, which are related to the legal regime of specially protected natural territories. The state should take actions to develop the system of specially protected natural territories and create a legal regime to preserve the favorable condition of specially protected natural territories. As a result, contradictions of norms of the Land Code and shortcomings of the Federal Law “On Specially Protected Natural Territories” have been revealed.
Keywords: specially Protected Natural Territories, legislation, contradictions, natural resources, flora and fauna.
Bibliographic list of articles
1. Federal Law “On Specially Protected Natural Territories” dated March 14, 1995 No. 33-FZ (latest edition) // SPS “Consultant Plus”. – [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_6072/
2. “Land Code of the Russian Federation” dated October 25, 2001 No. 136-FZ (as amended on December 25, 2023) // SPS “Consultant Plus”. – [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_33773/
3. Bryzhko V. G., Kosheleva L. A., Kashina O. S. Problems of using specially protected lands // Current problems of economics, sociology and law. – 2019. – No. 1. – P. 40-43.
4. Kovalenko E.I. Legal status and regime of protection and use of specially protected natural areas: statement of the problem // Bulletin of the South Ural State University. Series: Law. – 2021. – T. 21. No. 3. – P. 93-100.
5. Loginova A. A. Main problems of application of land legislation on the legal regime of specially protected natural areas // Scientific revolutions as a key factor in the development of science and technology: a collection of articles based on the results of the International Scientific and Practical Conference, Yekaterinburg, December 24, 2021. – Sterlitamak: Limited Liability Company “Agency for International Research”, 2021. – P. 341-343.
6. Safarov V. R., Sultangareev A. R. Main problems of application of Land legislation on the legal regime of specially protected natural areas // Integration of science in the era of crisis: problems, solutions: Materials of the IX All-Russian scientific and practical conference, Rostov-on-Don , June 09, 2022. – Rostov-on-Don: Limited Liability Company “Manuscript”, 2022. – P. 401-402.
7. Tukhvatullina D. M., Trifonova O. V. Lands of specially protected natural territories and objects // Alley of Science. – 2021. – T. 1. No. 4. – P. 497-500.
LAND LAW
KAMYSHNIKOVA Tatyana Sergeevna
student of the Agrarian and Technological Institute of the Patrice Lumumba Peoples’ Friendship University of Russia
KRUSHINOVA Marina Yurjevna
student of the Agrarian and Technological Institute of the Patrice Lumumba Peoples’ Friendship University of Russia
ALESHIN Mikhail Vyacheslavovich
senior Lecturer of the Agrarian and Technological Institute of the Patrice Lumumba Peoples’ Friendship University of Russia
AKHMETSHINA Anastasiya Ruslanovna
student of the Agrarian and Technological Institute of the Patrice Lumumba Peoples’ Friendship University of Russia
LAND AND PROPERTY COMPLEX AS A BASIC ELEMENT OF LAND AND PROPERTY RELATIONS
There is no doubt that land is an integral part of the civil cycle. Properties give owners, tenants and users the right to use the property. With the development of the economic structure of our country and the development of new land plots, land management issues are becoming more urgent. A separate place in the totality of land relations occupy the issues of concept and management of land and property complexes.
Keywords: land and property complex, land resources management, land and property relations.
Bibliographic list of articles
1. Civil Code of the Russian Federation dated November 30, 1994 No. 51-FZ // SPS ConsultantPlus.
2. Sai S.I. Land and property complex of Russia as an object of regulation // Real estate and investments. – 2001. – No. 4 (9). – P. 12.
3. Titkova E. A. Problems of formation of the land and property complex of rural territories in the context of the mentality of village residents Oryol State Agrarian University // Scientific works of the Free Economic Society of Russia. – 2013. – T. 172. – P. 480-490.
LAND LAW
PROVATKINA Valeriya Evgenjevna
student of the Far Eastern Federal University, Vladivostok
VOLOSHINA Tatyana Vladimirovna
student of the Far Eastern Federal University, Vladivostok
KORKIN Maxim Sergeevich
student of the Far Eastern Federal University, Vladivostok
DE Egor Petrovich
assistant of Labor and Environmental law sub-faculty of the Far Eastern Federal University, Vladivostok
THE PROBLEM OF INAPPROPRIATE USE OF AGRICULTURAL LAND IN THE RUSSIAN FEDERATION
This article discusses the problem of inappropriate use of agricultural land in the Russian Federation. The authors analyze the main causes of this phenomenon, explore the consequences for agriculture and the environment. The article also discusses possible ways to solve this problem, including improving legislation, controlling the use of land and promoting the development of agriculture. The work is relevant and important for understanding the current situation in agriculture in Russia.
Keywords: misuse, land plots, agricultural purpose, agriculture, land use.
Bibliographic list of articles
1. Zhichkin K. A., Penkin A. A., Guseinov F. M., Zhichkina L. N. Information support for cadastral assessment of agricultural land // News of the Samara State Agricultural Academy. – 2013. – No. 2. – P. 3-8.
2. Yarotskaya E. V., Katylevskaya A. V., Filobok E. S. Problems of using agricultural land // Forum of young scientists. – 2017.
3. Deryabina E. A. Agricultural lands // Legal, socio-economic, psychological aspects of ensuring national security: Materials of the IV All-Russian student scientific and practical conference with international participation, Perm, May 16, 2019. – pp. 13-17.
4. Rukavishnikov A. A., Ryabova P. A. Problems of inappropriate use of agricultural land // Development of modern jurisprudence: Current issues of theory and practice, collection of articles of the III International Scientific and Practical Conference. – Penza, 2022.
FINANCIAL LAW
ANDRIEVSKIY Konstantin Vitaljevich
Ph.D. in Law, associate professor, Director of the Institute of Economic and Legal Research, Sevastopol
SHESTOV Sergey Nikolaevich
Ph.D. in economical sciences, associate professor, associate professor of Enterprise economics sub-faculty of the Sevastopol State University
ON THE ISSUE OF TRANSFORMATION OF THE SYSTEM OF CURRENCY REGULATION AND CONTROL IN THE RUSSIAN FEDERATION
The article is devoted to the analysis of the main stages in the development of the system of monetary regulation and control in the Russian Federation. The formation of national systems of customs and banking control over the movement of currency flows is shown, their effectiveness is demonstrated, expressed in a significant reduction in the volume of foreign exchange transactions hidden from government supervision and control. The key norms of currency regulation in force in the Russian Federation, as well as the organizational structure of interactions existing between currency control authorities, were systematized. The main factors influencing the need to reform the legal support for procedures of state control of foreign exchange markets are identified; the most important directions for improving this section of the domestic legal system are shown.
Keywords: currency control, currency regulation, currency control authorities, authorized banks, foreign exchange market.
Bibliographic list of articles
1. Zembatova B.V. Legal foundations of currency regulation: problems of current domestic legislation // Economics and management. – 2022. – No. 1 (28). – pp. 74-85.
2. Manyakhin T.V. World practice of currency regulation: main methods and problems of their application // Finance and credit. – 2004. – No. 25 (163). – pp. 67-71.
3. Stolpovsky D. M. Characteristics of the Soviet currency monopoly // Historical and legal problems: a new perspective. – 2011. – No. 4-2. – pp. 107-111.
4. Unification of the legal basis of economic instruments of state regulation of foreign trade activities in member states of the EurAsEC Customs Union / I. L. Avericheva, A. V. Bogdanova, O. V. Gutarina and others; edited by T. N. Troshkina. – M.: Institute of Public Law Research, 2014. – 230 p.
5. Cherkasov V. Yu. The evolution of currency regulation and control in Russia and the prospect of continuing the liberalization of currency legislation // Financial journal. – 2022. – No. 5. – P. 120-140.
FINANCIAL LAW
TITOVA Svetlana Iosifovna
Chairman of the Board of Directors of RusSilika LLC
BANKRUPTCY OF INDIVIDUALS: PROBLEMS OF JUDICIAL AND ARBITRATION PRACTICE
This article discusses the issues of bankruptcy of individuals can be quite complex and vary depending on local laws and rules of judicial arbitration practice. Some common problems that individuals may face in the bankruptcy process are described, including, namely: the concept of bankruptcy of individuals and its signs as a fairly young institution in Russian civil law legislation. The analysis of the main problems of judicial arbitration practice arising in the procedure of debt cancellation, as well as problems of legal regulation of insolvency (bankruptcy), is carried out. The prospects of development are considered and ways of solving emerging problems are proposed.
It is pointed out that in case of problems with judicial arbitration practice in the process of bankruptcy of individuals, it is recommended to seek advice from professionals in this field, such as lawyers or lawyers specializing in bankruptcy of individuals.
Keywords: bankruptcy, insolvency, individuals, civil law, arbitration court.
Bibliographic list of articles
1. Abdullaev K. Criteria for bankruptcy of individuals: problems of theory and practice // Law and Economics. – 2022. – No. 2 (408).
2. Koshman P. Bankruptcy of individuals: problems of judicial and arbitration practice // Alley of Science. – 2022. – T. 1. No. 3 (66).
3. Medvedev A. Problems of subordination in bankruptcy of individuals // Issues of sustainable development of society. – 2022. – No. 4.
4. Portnova E. Problems of bringing to responsibility during the bankruptcy procedure of individuals // Science. Society. State. – 2022. – T. 10. – No. 2 (38).
5. Tyapugina A. Bankruptcy of individuals: main problems // Synergy Sciences. – 2022. – No. 69.
6. Shcherban D. Bankruptcy of individuals: problems of judicial and arbitration practice // Synergy Sciences. – 2022. – No. 70.
CORPORATE LAW
KASHAROV Zaurbek Azretalievich
senior lecturer of Civil and corporate law sub-faculty of the St. Petersburg State University of Economics
ON THE ISSUE OF THE INDEPENDENCE OF CORPORATE BODIES.
The work is devoted to the issue of the possibility of recognizing corporate bodies as independent subjects of corporate legal relations. The article presents the opinions of reputable scientists and approaches to law enforcement practice. Disputes regarding the recognition of corporate bodies as an independent entity have been going on for a long time. Since the introduction of significant changes to Chapter 4 of the Civil Code of the Russian Federation in 2014, discussions on the status of corporate bodies have become more relevant than ever. Corporate legislation does not contain a clearly formulated norm giving grounds to draw unambiguous conclusions about the status of corporate bodies. Even judicial acts, which lack a uniform approach to understanding the legal problem, do not save the situation.
Keywords: civil law, corporate law, corporate legal relations, subjects of corporate legal relations, corporate bodies.
Bibliographic list of articles
1. Arbitration procedural code of the Russian Federation: [Code of the Russian Federation dated July 24, 2002 No. 95-FZ] // Russian newspaper. 2002. No. 137. July 27.
2. Baigusheva Yu. V. The essence of representation // Essays on trade law: a collection of scientific works. Yaroslavl: YarSU, 2009. Vol. 16. pp. 52-53.
3. Bogdanov E. V. Legal status of the body of a legal entity // Journal of Russian Law. 2001. No. 3. P. 108-113.
4. Dolinskaya V.V. Civil legal problems of the status of the head of an organization // Law. M.: Izvestia, 2004. No. 1. P. 3-12.
5. Eat V.S. Quote. by: Kozlova N.V. The essence of a legal entity and the modern legal order // Problems of development of private law: collection. Art. to the anniversary of V.S. Em. M.: Statute, 2011. P. 199-223.
6. Vilkin S.S. Civil-legal nature of volitional acts of collegial bodies of a legal entity: dis. …cand. legal Sciences: 12.00.03. M., 2009. P. 22.
7. Ganizhev A. Ya. The problem of the legal status of a body of a legal entity and ways to resolve it in Russian civil legislation // Journal of Russian Law. 2010. No. 7. P. 110-117.
8. Civil law: textbook: in 3 volumes. T. 2. 4th ed., revised. and additional / E. Yu. Valyavina, A. P. Sergeev, Yu. K. Tolstoy. M.: TK Welby, Prospekt Publishing House, 2005. P. 154.
9. Gushchin V.V., Poroshkina Yu.O., Serdyuk E.B. Corporate law: textbook. M.: Eksmo, 2006. P. 143; Khuzhokova I. M. Corporate law of the Russian Federation: a course of lectures. M.: Exam, 2004. 350 pp.
10. Egorov A.V. Commentary on the Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated June 16, 2009 No. 17580/08 // Legal positions of the Presidium of the Supreme Arbitration Court of the Russian Federation: Selected resolutions for 2009 with comments / Ed.: A. A. Ivanov, Supreme . Arbitrator. Court Ross. Federation. M.: Statute, 2012. P. 220.
11. Kozlova N.V. Legal personality of a legal entity. M.: Statute, 2005. P. 376.
12. Kuznetsov A. A. Body of a legal entity as its representative // Bulletin of economic justice of the Russian Federation. 2014. No. 10. P. 4-31.
13. Tax Code of the Russian Federation: [Federal Law of July 31, 1998 No. 146-FZ. Part one] // SPS ConsultantPlus. – [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_19671/#dst0 (access date: 10/02/2023)
14. On some issues of compensation for losses by persons who are members of the bodies of a legal entity: [Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated July 30, 2013 No. 62] // SPS ConsultantPlus. – [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_150888 (date of access: 02/15/2023)
15. Ruling of the Supreme Court of the Russian Federation dated October 12, 2020 No. 304-ES20-14364 in case No. A75-11144/2023.
16. Determination of the Judicial Collegium for Economic Disputes of the Supreme Court of the Russian Federation dated April 10, 2023 No. 305-ES22-16424 in case No. A40-203072/2021.
17. Pakhomova N. N. Position of the sole executive body in the system of bodies of a legal entity // Arbitration and civil process. 2007. No. 3. P. 12-15.
18. Resolution of the Arbitration Court of the West Siberian District dated 06/01/2022 in case No. A75-8617/2021.
19. Resolution of the Arbitration Court of the Moscow District dated June 22, 2023 No. F05-13098/2023 in case No. A40-209993/2022.
20. Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated 02/09/1999 No. 6164/98 in case No. A51-6157/97-7-216 (The claim for invalidation of the additional agreement to the contract was rejected, since the head of the organization was not on vacation when concluding the transaction is the basis for declaring this transaction invalid) // SPS ConsultantPlus. – [Electronic resource]. – Access mode: http://www.consultant.ru/cons/cgi/online.cgi?req=doc&base=ARB&n=7048#05893655776920723 (date of access: 05.15.2023)
21. Ryasentsev V. A. Imaginedeeds and transactions in modern civil law. M.: Consultant Plus: Statute, 2006. pp. 170-177.
22. Soviet civil law. T. 1: textbook / Ed. D. M. Genkina. M.: Gosyurizdat, 1950. 495 p. P. 157.
23. Soviet civil law: textbook. T. 1 / Ioffe O. S., Musin V. A., Posse E. A., Potyukov A. G., et al.; Rep. ed.: Ioffe O. S., Tolstoy Yu. K., Cherepakhin B. B. L.: Leningr Publishing House. University, 1971. P. 101.
24. Stepanov D.I. Once again about the nature of the powers of the executive body and the manager of a business company. (Continued) // Bulletin of the Supreme Arbitration Court of the Russian Federation. M., 2006. No. 9. P. 23.
25. Sukhanov E. A. Comparative corporate law: textbook. M.: Statute, 2014. P. 18.
26. Resolution of the Plenum of the Armed Forces of the Russian Federation dated June 23, 2015 No. 25.
27. Tsepov G.V. The concept of a body of a legal entity under Russian legislation // Jurisprudence. 1998. No. 3. P. 89-93.
28. Shereshevsky I.V. Representation, assignment and power of attorney: Commentary. to Art. Art. 38-40 and 251-275 Civil. Code / Prof. I. V. Shereshevsky. M.: Law and Life, 1925. P. 6.
29. Civil law: textbook. T. 1 / Agarkov M. M., Bratus S. N., Genkin D. M., Serebrovsky V. I., etc.; Edited by: Agarkov M. M., Genkin D. M. M.: Legal. Publishing house of the People’s Commissariat of Justice of the USSR, 1944. pp. 212-213.
BUSINESS LAW
ABDULLIN Denis Tyavfikovich
postgraduate of Business law sub-faculty of the Faculty of Law of the M. V. Lomonosov Moscow State University
LEGAL ASPECTS OF ENSURING CONSUMER DATA PRIVACY IN MERGER CONTROL
In the era of digital markets, business entities have the opportunity to collect data in large volumes and with high accuracy. Competition authorities are faced with the question of how an important role data and related aspects of consumer data privacy play in competition. The article considers to what extent these aspects correspond to the goals of competition law, and whether they are subject to assessment within the framework of merger control. The present topic has been the subject of debate in a number of recent transactions (Google/DoubleClick, Microsoft/LinkedIn, Facebook/WhatsApp), which provides the basis for analysis.
Keywords:economic concentration, merger control, privacy, personal data, digital economy.
Bibliographic list of articles
1. Antitrust regulation in the digital era. How to protect competition in the context of globalization and the fourth industrial revolution / Ed. A. Yu. Tsarikovsky, A. Yu. Ivanova, E. A. Voinikanis. – M., 2019.
2. Bashlakov-Nikolaev I.V., Maksimov S.V. Resolution of the Plenum of the Supreme Court of the Russian Federation on the application of antimonopoly legislation by courts: scientific and practical commentary. – M., 2022.
3. Egorova M. A., Petrov A. A., Kozhevina O. V. The influence of digitalization on the implementation of antimonopoly regulation and control of economic concentration in the high-tech sector // Bulletin of St. Petersburg University. Right. – 2022. – No. 2. – P. 327-343.
4. Kozachok I.V., Krasnova S.G. The economic essence of information asymmetry and its impact on the functioning of the market // Siberian Financial School. – 2007. – No. 2. – P. 29-35.
5. Regibeau P., Lianos Y. Economics of digital mergers // Jurisprudence. – 2019. – T. 63. No. 4. – P. 573-597.
6. Malkina N. L., Shastitko A. A. Problems of determining the product boundaries of the commodity market in wholesale markets for the resale of goods // Law. – 2021. – No. 3. – P. 155-166.
7. Acquisti A., Taylor C. R. and Wagman L. The Economics of Privacy // Journal of Economic Literature. – 2016. – Vol. 54. – No. 2. – Pr. 442-492. – [Electronic resource]. – Access mode: http://dx.doi.org/10.1257/jel.54.2.442 (access date: 03.20.2024).
8. Cohen J. E. What Privacy Is For // Harvard Law Review. – 2013. – Vol. 126. – Pr. 1904-1933. – [Electronic resource]. – Access mode: https://harvardlawreview.org/wp-content/uploads/2013/05/vol126_cohen.pdf (access date: 03/20/2024).
9. Esayas S. Privacy as a Non-Price Competition Parameter: Theories of Harm in Mergers // University of Oslo Faculty of Law Research Paper. – No. 2018-26. 08/16/2018. – [Electronic resource]. – Access mode: https://ssrn.com/abstract=3232701 (date of access: 03/20/2024).
10. Feinstein D. Big Data in a Competition Environment // CPI Antitrust Chronicle. – May 2015 (2). – [Electronic resource]. – Access mode: https://www.competitionpolicyinternational.com/assets/Uploads/FeinsteinMay-152.pdf (access date: 03/20/2024).
11. Ocello E., Jödin C. & Subočs A. What’s Up with Merger Control in the Digital Sector // Competition Merger Brief. – 1/2015. – Pr. 1-7. – [Electronic resource]. – Access mode: https://op.europa.eu/en/publication-detail/-/publication/cd38af2f-f63d-11e5-8529-01aa75ed71a1/language-en (date reverseddate: 03/20/2024).
12. Solove D. J. Privacy and Power: Computer Databases and Metaphors for Information Privacy // Stanford Law Review. – 2001. – Vol. 53. – Pr. 1393-1462. – [Electronic resource]. – Access mode: https://scholarship.law.gwu.edu/cgi/viewcontent.cgi?article=2077&context=faculty_publications (date of access: 03.20.2024).
13. Winegar A. G. and Sunstein C. R. How Much is Data Privacy Worth? A Preliminary Investigation. – 07/01/2019. – [Electronic resource]. – Access mode: https://ssrn.com/abstract=3413277 (date of access: 03/20/2024).
BUSINESS LAW
VEPRINSKIY Daniil Vladimirovich
postgraduate student of Business and corporate law sub-faculty, lecturer of Medical law sub-faculty of the O. E. Kutafin Moscow State Law University (MSLA), Head of the Department for Coordinating the activities of branches of the FSAU NMIC MNTC Academician S. N. Fedorov Eye Microsurgery of the Ministry of Health of the Russian Federation, member of the Moscow Branch of the Russian Union of Young People scientists
ENDOWMENT FUNDS IN THE SYSTEM OF INCOME-GENERATING ACTIVITIES OF HEALTHCARE INSTITUTIONS: ORGANIZATIONAL AND LEGAL ASPECT
The development of the health care system at the present stage is characterized by the active introduction of innovations in the daily activities of medical organizations. New technologies and business processes require the strengthening of human, managerial and material potentials, which has led to an increased interest in such legal institutions as public-private partnerships, open innovation mechanisms, cross-cluster models of research and innovation activities, etc. The ever-growing needs of the sector require the utilization of all possible extrabudgetary assets. Among them endowments of non-profit organizations known in the business environment as endowment funds are of particular interest.
The article considers the main organizational and legal aspects of the activity on formation and use of endowments by non-profit organizations in relation to the health care system. The main organizational features of creation of endowment-funds are reflected.
Keywords: endowment capital, endowment fund, NPO, income-generating activities.
Bibliographic list of articles
1. Gazzaeva M. T. Social specificity of the agreement on trust management of property constituting the target capital of a non-profit organization / M. T. Gazzaeva, S. K. Bekoev // Current problems of law: Collection of scientific articles of undergraduates / Ed. Koibaeva. Volume Issue 3. – Vladikavkaz: North Caucasus Mining and Metallurgical Institute (State Technological University), 2018. – P. 43-48. – EDN VAMHYK.
2. Komissarova E. G. Endowment capital as an object of investment relations / E. G. Komissarova // Third Perm Congress of Legal Scientists: Materials of the International Scientific and Practical Conference, Perm, October 12, 2012 / Perm State National Research University, Faculty of Law , Seventeenth Arbitration Court of Appeal, Arbitration Court of the Perm Territory, Perm branch of the all-Russian public organization “Association of Lawyers of Russia”, Notary Chamber of the Perm Territory, Group of Companies “Taxes and Law”, Investment Company “Financial House”, CJSC “TelecomPlus”, Non-profit partnership ” Perm Professional Club of Lawyers. – Perm: Federal State Budgetary Educational Institution of Higher Professional Education “Perm State National Research University”, 2012. – P. 77-79. –EDN SXAVAH. Endowment fund of the Financial University under the Government of the Russian Federation. – [Electronic resource]. – Access mode: http://www.fa.ru/science/endowment_fund/Pages/Home.aspx.
BUSINESS LAW
MEDENTSEVA Evgeniya Vladimirovna
Ph.D.in Law, associate professor of Legal support of economic activities sub-faculty of the Law Institute of the Samara State University of Economics
KUDRYASHOV Maxim Alexandrovich
postgraduate student of the Institute of Law of the Samara State University of Economics
LIABILITY FOR BREACH OF OBLIGATIONS IN BUSINESS ACTIVITIES
The relevance of the topic under consideration lies in the fact that despite the sufficiently serious study of the topic of liability for violation of obligations arising from contracts of entrepreneurs in civil law, there are still a large number of discussions and disputes that arise in relation to concepts and legal regulation in the field under consideration. There are also a large number of concepts of civil liability, and each reflects its essence, affecting moral, economic and legal components. These circumstances require further research in the field of liability in the law of obligations, in terms of contractual liability of business entities. In the course of the study, an analysis of civil studies in the field of liability for breach of obligations in business was carried out. Based on the results of the study, the authors came to the conclusion that it is necessary to consolidate the concept of “violation of an obligation (contractual obligation)” in the Civil Code of the Russian Federation and its formulation is given, and it is also proposed to supplement Article 15 of the Civil Code with an approximate list of lost income that can be attributed to lost profits.
Keywords: obligation, breach of obligations, regulatory act, entrepreneur, contractual liability.
Bibliographic list of articles
1. Khevsakov A.V. Civil liability for violation of monetary (currency) obligations // Current problems of law: Collection of scientific articles. – 2019. – pp. 208-213.
2. Erdelevsky A. D. On the fulfillment of obligations and responsibility for their violation // Economy and Law. – 2016. – No. 10 (477). – pp. 42-47.
3. Gribanova S. V. Penalties in the system of measures of civil liability for violation of contractual obligations // Current problems of law. – 2021. – No. 8. – P. 55-65.
4. Pavlov A. A. Losses and penalties as a measure of civil liability for violation of an obligation. – 2017. – No. 15 (15). – pp. 46-48.
5. Mayorova L. G. Legal consequences of violation of a contractual obligation // Legal science. – 2021. – No. 12. – P. 33-38.
6. Aharonyan R.K. The concept of responsibility of business entities for violation of contractual obligations // Current problems of jurisprudence. – 2018. – No. 4 (60). – P. 2-5.
7. Kravtsova M. Yu. Responsibility for violation of monetary obligations and their essence // Alley of Science. – 2020. – No. 11 (50). – pp. 641-643.
BUSINESS LAW
MOSHKIN Igor Alexandrovich
student of Civil law sub-faculty of the Perm State National Research University
THEORETICAL AND LEGAL JUSTIFICATION FOR LEGISLATIVELY ESTABLISHING THE STATUS OF THE OWNER OF AN AGGREGATOR OF INFORMATION ABOUT GOODS (SERVICES)
The article is devoted to the study of the legal status of the owner of the aggregator of information about goods (services). The author notes in his work the moment when the trading platform appeared abroad and in Russia. The study provides statistics reflecting the consequences of the emergence of marketplaces in trade relations. It is noted that the need to give marketplaces a legal status was caused by the difficulties of law enforcement, requiring urgent resolution, the uncertainty of the concept of “marketplace” in Russian legislation, as well as the risk of losses for the participants in the relationship. The author cited some legal risks, which, in his opinion, have become the main prerequisites for securing the legal status of marketplaces. However, despite this, legal uncertainties related to marketplaces remain unresolved, which require deeper immersion in doctrine and law enforcement practice. When writing the work, a set of general scientific and private scientific research methods was used: analysis, synthesis, comparison.
Keywords: marketplace, owner of the aggregator of information about goods (services), turnover, legal uncertainties, consumer.
Bibliographic list of articles
1. Marchenkov A. A. Marketplaces as the main trend of e-commerce // Scientific aspirations. – 2019. – Issue. 26. – pp. 65-67.
2. Kosnikov S. N., Korolev D. A., Chivvi E. N., Razumova D. Yu. History of electronic commerce in Russia and abroad //Natural and humanities research. – 2022. – No. 44 (6). – pp. 144-147.
3. Khadzhidurdyev A. M. Digital virtualization of the Internet trading space // Science and education: from theory to practice: collection. international articles scientific-practical conf. (Kazan, July 20, 2023); at 2 pm – Ufa: Aeterna, 2023. – Part 2. – pp. 67-73.
4. Prikhodko K. S., Kutsegreeva L. V., Saliy V. V. Digital transformation of the Russian economy under the influence of the development of marketplaces // Bulletin of the Academy of Knowledge. – 2022. –No. 50 (3). – pp. 260-264.
5. Timofeeva T. F., Timofeev V. V. Problems of legal regulation of a trade aggregator as a type of digital technological platform // Oeconomia et Jus. – 2022. – No. 3. – P. 73-79.
6. Mikhailyuk M.V. Marketplaces as a factor in the progressive transformation of Internet commerce in Russia: logistics aspect // Economic Sciences. – 2019. – No. 172. – P. 57-61.
BUSINESS LAW
VEPRINSKIY Daniil Vladimirovich
postgraduate student of Business and corporate law sub-faculty, lecturer of Medical law sub-faculty of the O. E. Kutafin Moscow State Law University (MSLA), Head of the Department for Coordinating the activities of branches of the FSAU NMIC MNTC Academician S. N. Fedorov Eye Microsurgery of the Ministry of Health of the Russian Federation, member of the Moscow Branch of the Russian Union of Young Scientists
BUDGETARY INSTITUTIONS OF THE HEALTHCARE SYSTEM AS A SUBJECT OF STATE ENTREPRENEURSHIP
Stimulating all types of entrepreneurial activity is one of the main directions of stabilization and development of the state’s economy. Among these areas, a special place is occupied by state entrepreneurship, the main purpose of which is to satisfy the public interest, which includes the protection of the health of the population of the Russian Federation. Ensuring this interest is carried out by organizations of the healthcare system, most of which are budgetary institutions (including state-owned and autonomous ones). This article examines the general issues of state entrepreneurship within the framework of economic and legal doctrine, gives the author’s definition of state entrepreneurship, also considers the place of budgetary institutions of the health system within this concept.
Keywords: the state entrepreneurship, business law, medical law, right of operational management.
Bibliographic list of articles
1. Current problems of business law: textbook / I. V. Ershova, L. V. Andreeva, A. N. Besedin and others; resp. ed. I. V. Ershova. – Moscow: Prospekt, 2021. – 448 p. – [Electronic resource]. – Access mode: http://ebs.prospekt.org/book/43819 (date of access: 02.02.2024).
2. Dombrovskaya E. N. State entrepreneurship: the role in the economy and financial system of Russia // Economics. Taxes. Right. – 2015. No. 1. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/gosudarstvennoe-predprinimatelstvo-rol-v-ekonomike-i-finansovoy-sisteme-rossii (date of access: 02/02/2024).
3. Zavyalov D.V., Nagalin V.Yu., Zavyalova N.B. State entrepreneurship in the national economy // Russian Entrepreneurship. – 2016. – No. 20. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/gosudarstvennoe-predprinimatelstvo-v-natsionalnoy-ekonomike (date of access: 02.02.2024).
4. Ivanova T. E., Meisigamov M. B. Transaction costs in public entrepreneurship // Economics: theory and practice. – 2011. – No. 3. – P. 49-55.
5. Nagalin V. Yu. State entrepreneurship in ensuring economic growth // Bulletin of the Institute of Economics of the Russian Academy of Sciences. – 2016. – No. 1. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/gosudarstvennoe-predprinimatelstvo-v-obespechenii-ekonomicheskogo-rosta (date of access: 02/02/2024).
6. Knight F.H. Risk, uncertainty and profit. – M.: Delo, 2003.
7. Smotritskaya I. I., Saginova O. V., Sharova I. V. State entrepreneurship and development of the Russian economy // Bulletin of the Institute of Economics of the Russian Academy of Sciences. – 2015. – No. 1. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/gosudarstvennoe-predprinimatelstvo-i-razvitie-rossiyskoy-ekonomiki (access date: 02/01/2024).
8. Stolyarova E.I. Public entrepreneurship: economic theory and Russian practice // Bulletin of RUDN University. Series “Economics”. – 2009. – No. 2. – P. 36.
9. Sukhanov E. A. On legal entities of public law // Bulletin of civil law. – 2011. – No. 2.
10. Chirkin V. E. On the features of a legal entity of public law // Proceedings of the Institute of State and Law of the Russian Academy of Sciences. – 2010. – No. 3. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ob-osobennostyah-yuridicheskogo-litsa-publichnogo-prava (date of access: 02/09/2024).
CRIMINAL LAW
BASHIRINA Evgeniya Nikolaevna
Ph.D. in political science, associate professor of Economic and legal security sub-faculty of the Institute of History and Public Administration of the Ufa University of Science and Technology
KAZANTSEV Ivan Sergeevich
student of the 4th course of the direction of preparation “State and Municipal Management” of the Institute of History and Public Administration of the Ufa University of Science and Technology
RAKHIMOV Danil Ravilevich
student of the 4th course of the direction of preparation “State and Municipal Management” of the Institute of History and Public Administration of the Ufa University of Science and Technology
THE INSTITUTE OF GUILT IN RUSSIAN CRIMINAL LAW
The article reveals the institution of guilt in the norms of Russian criminal law.
The relevance of the topic of this study lies in the fact that the most difficult to establish and prove is the subjective side of the crime, an integral part of which is guilt. In each specific case, it is necessary to correctly establish exactly the form of guilt that is provided for by criminal law.
The analysis of various concepts formed in the scientific community regarding the essence and content of the institution of guilt in criminal law is carried out. Attention is also paid to the problems of criminal law regulation of forms of guilt by the example of intent, recommendations for resolving the identified problems are proposed.
Keywords: guilt, negligence, responsibility, crime, psyche, criminal law, intent.
Bibliographic list of articles
1. Verina G.V. The criminal-legal phenomenon of guilt: knowledge of the scientific heritage // Bulletin of the Saratov State Law Academy. – 2023. ‒ No. 3 (152). – pp. 268-279.
2. Grigoriev P. A. Moral categories in Russian criminal law // Current problems of Russian law. – 2023. ‒ No. 5 (150). – pp. 96-106.
3. Korableva S. Yu. Formation of the theory of guilt in Russian criminal law // Scientific portal of the Ministry of Internal Affairs of Russia. – 2023. ‒ No. 2 (62). – pp. 38-43.
4. Maistrenko G. A. The principle of guilt in Russian criminal law: content and significance // Education and law. – 2021. ‒ No. 6. – P. 264 – 268.
5. Khilyuta V.V. Guilt in criminal law: search for a new concept // Lawyer-Legalist. – 2021. ‒ No. 4 (99). – pp. 93 – 100.
CRIMINAL LAW
ILLO Denis Anatoljevich
Ph.D. in Law, associate professor of Civil law sub-faculty of the Hero of the Russian Federation Army General E. N. Zinichev St. Petersburg State University of the State Fire Service of the Ministry of Civil Defense, Emergencies and Disaster Relief
MEDVEDEVA Anna Alexandrovna
Ph.D. in Law, professor of Labor law sub-faculty of the Hero of the Russian Federation Army General E. N. Zinichev St. Petersburg State University of the State Fire Service of the Ministry of Civil Defense, Emergencies and Disaster Relief
KOSAREV Sergey Yurievich
Ph.D. in Law, professor of the Higher School of Jurisprudence and Forensic Technical Expertise of the Humanitarian Institute of Peter the Great St. Petersburg Polytechnic University
TRETYAKOV Ivan Lvovich
Ph.D. in Law, professor of the Higher School of Jurisprudence and Forensic Technical Expertise of the Humanitarian Institute of Peter the Great St. Petersburg Polytechnic University
SOME QUESTIONS OF QUALIFICATION OF AN ATTACK ON THE LIFE OF A STATE OR PUBLIC FIGURE UNDER ART. 277 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION
The article discusses some aspects of the crime under Art. 277 of the Criminal Code of the Russian Federation i.e. “Encroachment on the life of a state or public figure”, issues of judicial practice are analyzed in cases of this category, problematic issues in the classification of this crime are identified, and the importance of following the uniform application of criminal law to eliminate it uncertainty is highlighted. The authors conclude that in modern realities, an increase in the number of crimes analyzed is expected, and primarily due to the direction of these socially dangerous acts. In these circumstances, in order to uniformly apply the legislation and eliminate its uncertainty, it is proposed to pay attention to some of the proposed recommendations.
Keywords: public figure, constitutional system, judicial practice, qualifications, state security, corpus delicti, assault on life
Bibliographic list of articles
1. Nurkaeva T.N., Divaeva I.R. Encroachment on lifethe name of a statesman or public figure, a law enforcement officer, a person administering justice or a preliminary investigation and their place in the system of the special part of the Criminal Code of the Russian Federation // Business in Law. Economic and legal journal. – 2014. – No. 5. – P. 68-70.
2. Pichugin S.A. A public figure as a victim in a crime under Art. 277 of the Criminal Code of the Russian Federation: Issues of definition and qualification // Legal Bulletin. – 2021. – T. 6. No. 3. – P. 54-62.
CRIMINAL LAW
KALANDARISHVILI Hristina Alexandrovna
Ph.D. in Law, associate professor of Criminal law and criminology sub-faculty of the Irkutsk Institute (branch) of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia)
PRYAKHINA Kseniya Olegovna
student of the 3rd course, program of education: “Legal support of national security (specialty)” of the Irkutsk Institute (branch) of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia)
IBRAGIMOVA Aksana Anvarovna
student of the 3rd course, program of education: “Legal support of national security (specialty)” of the Irkutsk Institute (branch) of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia)
ANALYSIS OF APPROACHES TO DETERMINING THE DETERMINANTS OF WHITE-COLLAR CRIME
White-collar crime is a type of crime characterized by the fact that it is committed by people from educated and affluent segments of society. Such crimes are often committed for the purpose of personal gain or enrichment through deception, fraud, corruption or other illegal activities. White-collar crime can include acts such as financial fraud, abuse of power, corruption in business and government structures, as well as other types of crimes committed by persons with high social status. This type of crime poses a particular danger to society, since it often goes unnoticed and punishment for it may not be strict enough due to the influence and resources of criminals. The fight against white-collar crime requires effective measures on the part of law enforcement agencies, the judicial system and the public. This may include tougher penalties for corruption and fraud, improved control over financial transactions, increased transparency in the management of public and private companies, as well as increased ethics and responsibility among business and government representatives. Thus, the fight against white-collar crime is an important task to ensure the rule of law, justice and development of society.
Keywords: criminology, “white-collar” crime, criminal identity, shadow economy, corruption, economic crimes.
Bibliographic list of articles
1. Dalgaly T. A. Criminological characteristics of “White-collar crime” // Law and State: Theory and Practice. – 2021. – No. 5 (197). – P. 15.
2. Matskevich I. M. White-collar crime. Old theory in modern reality // Modern problems of criminal law policy: materials of the VI International Scientific and Practical Conference. – Krasnodar, 2015. – pp. 3-13.
3. Vakutin A. A. “White-collar” crime of E. Sutherland: a theory that has not lost its relevance” // Bulletin of the Siberian Legal Institute of the Ministry of Internal Affairs of Russia. – 2020. – No. 2 (39). – P. 81.
4. Iliy S.K. The concept of white-collar crime // National portal of the Ministry of Internal Affairs of Russia. – 2008. – No. 4. – P. 103.
5. Psychology of white collar crimes and why it is important // ALM Media. – [Electronic resource]. – Access mode: https://translated.turbopages.org/news/psychology-white-collar-crime-why-081044414.html (access date: 10/08/2023).
6. Kiselev K. A. Perception of job insecurity (JOB INSECURITY) as a factor of personal involvement in white-collar crime // news of Saratov University. – 2014. – No. 3. – P. 77
7. Engdahl O. Barriers and remote areas as structures of opportunities for committing white-collar crimes // Deviant behavior. – 2009. – No. 30. – pp. 115-143.
8. Rekless V. New theory of offenses and crime // Federal Probation Service. – 1961. – No. 4. – P. 42-46.
9. Paternoster R., Bushway S. Abstinence and “feared independence” towards an identity theory of criminal abstinence // Journal of Criminal Law and Criminology. – 2009. – No. 4. – P. 1103-1156.
10. Stafford M.K., Warr M. Rethinking general and specific deterrence // Journal of Research in Crime and Delinquency. – 1993. – No. 2. – P. 123-135.
CRIMINAL LAW
KIRIKOVA Marina Vladimirovna
lecturer of General legal disciplines sub-faculty of the Leningrad regional branch of the St. Petersburg University of the MIA of Russia
PUBLIC ENVIRONMENT AND PUBLIC PLACE AS SIGNS OF THE OBJECTIVE SIDE OF HOOLIGANISM
In the disposition of the article on hooliganism, there is no indication of a public environment and a public place, which reasonably allows these signs to be considered optional signs of the objective side of the named corpus delicti. At the same time, the theory of criminal law has not formed a unified point of view on this issue. Opinions are expressed that a public environment and a public place, on the contrary, are integral signs of hooliganism. In the article, the author analyzes various views on the public environment and public place as signs characterizing the objective side of hooliganism, while reflecting his position.
Keywords: hooliganism, objective side, public environment, public place, list of places.
Bibliographic list of articles
1. Wittenberg G. B. If public order is violated. – Irkutsk, 1973. – P. 13-14.
2. Kirichenko V.F. On strengthening the fight against hooliganism. – M., 1967. – P. 7-8.
3. Kuznetsov A.V. Hooliganism and the fight against it. – M, 1962. – P. 28.
4. Ignatov A.N. Controversial issues of qualification of hooliganism // Soviet justice. – 1967. – No. 16. – P. 14-15.
5. Kurichkov D. O. Hooliganism: some problems of qualification // Scientific component. – 2022. – No. 2 (14). – P. 54-63.
6. Maksimenko A.V., Mikhailova I.A. Peculiarities of qualification of hooliganism and other crimes committed from hooligan motives // Russian investigator. – 2020. – No. 12. – P. 39-42.
7. Egorov V.S. Criminal liability for hooliganism: dis. …cand. legal Sci. – M., 2000. – P. 50.
8. Kudashkin S.K. Group hooliganism and mass riots: criminal legal characteristics and qualification problems: dis. …cand. legal Sci. – M., 2020. – P. 54.
9. Ozhegov S.I., Shvedova N.Yu. Explanatory dictionary of the Russian language: 80,000 words and phraseological expressions. – M., 1997. – P. 631.
CRIMINAL LAW
KORNAKOVA Svetlana Viktorovna
Ph.D. in Law, associate professor of Theory and history of state and law sub-faculty of the Baikal State University, Irkutsk
CHIGRINA Elena Vladimirovich
Ph.D. in economic sciences, associate professor of Theory and history of state and law sub-faculty of the Baikal State University, Irkutsk
ON THE ISSUE OF CRIMES COMMITTED IN THE MONETARY SPHERE
The article raises the problem of the attractiveness of the monetary sphere for criminal activity. The opinions of scientists on the types of crimes related to this area are considered. One’s own position is determined in this regard. Organizational and educational proposals aimed at preventing such crimes are being made.
Keywords: banking, lending, crimes in the monetary sphere, qualification of crimes, crime prevention.
Bibliographic list of articles
1. Osipova M. A. The concept and essence of the forensic characteristics of crimes committed in the field of banking // News of the Irkutsk State Economic Academy (Baikal State University of Economics and Law). – 2012. – No. 2. – P. 39.
2. Osipova M. A. Loan repayment guarantee: on the issue of collection activities // Baikal Research Journal. – 2016. – T. 7. No. 3. – P. 23.
3. Finogenova O. V. Criminal liability for illegal receipt of a loan and malicious evasion of repayment of accounts payable: abstract. dis. …cand. legal Sci. – M., 2003. 24 p.
4. Zolotova N. M. Crimes in the field of lending: abstract. dis. Ph.D. legal Sci. – M., 2008. – 25 p.
5. Rastoropova O. V. The concept of crimes in the field of lending in the domestic doctrine of criminal law // Gaps in Russian legislation. – 2014. – No. 6. – P. 302–305.
6. Selyamin A. A. Concept and general criminal law characteristics of crimes in the field of lending according to the Criminal Code of the Russian Federation // Bulletin of the Chelyabinsk State University. Right. – 2015. – No. 17 (372). – pp. 155–162.
7. Osipova M. A. On the concept of banking in the Russian Federation // News of the Irkutsk State Economic Academy. – 2012. – No. 2. – P. 161–166.
CRIMINAL LAW
KURGINYANTS Nikolay Vadimovich
lecturer of Special training sub-faculty of the Ufa Law Institute of the MIA of Russia, lieutenant of police
FOMICHEV Ilya Alexeevich
senior lecturer of Physical training sub-faculty of the Voronezh Institute of the MIA of Russia, captain of police
FATKULLIN Rustam Ranisovich
lecturer of the PS and FP cycle of the Ufa School for Training Dog Handlers of the MIA of Russia, lieutenant of colonel police
RESPONSIBILITY FOR EXTREMIST CRIMES IN MODERN DOMESTIC LEGISLATION AND IN THE LAW OF FOREIGN COUNTRIES
This article describes responsibility for crimes of an extremist nature both in Russian legislation and in the law of foreign countries, examines the development of responsibility for these crimes, as well as a comparison of responsibility for crimes of an extremist orientation in foreign countries and Russian legislation. The work also analyzes the normative legal acts that regulate responsibility for extremist crimes, including the existence of laws on combating extremism, provisions on penalties and preventive measures provided for by various legislations, the need to improve legislation in the field of combating extremist crime and strengthening international cooperation. The article examines in detail such aspects as the definition of extremist crimes, their signs and applicability in various contexts, and analyzes the concept and characteristics of extremist crimes in modern law.
Keywords: responsibility, crimes of an extremist nature, extremism, legislation, law.
Bibliographic list of articles
1. Avekyan S. A. The Constitution of Russia: nature, evolution, modernity. – M.: RYuID, 2019. – 471 p.
2. Alekseev A.I., Ovchinsky V.S., Pobegailo E.F. Russian criminal policy: overcoming the crisis. – M., 2019. – 214 p.
3. Baglay M.V. Constitutional law of the Russian Federation: Textbook for universities. – M.: Norma, 2017. – 453 pp.
4. Gavrilov B. Ya., Pavlinov A. V. Modern strategy of legislative support for the fight against manifestations of terrorism and violent extremism // Russian investigator. – 2019. – No. 1. – P. 22-29.
5. Gadzhiev D. M. Prevention of extremism in Dagestan: municipal level // Law and Security. – 2019. – No. 1/2. – pp. 75-82.
CRIMINAL LAW
KURKINA Yuliya Andreevna
postgraduate student of Criminal law and criminology sub-faculty of the S. A. Yesenin Ryazan State University, Leading Legal Adviser of the Deposit Insurance Agency Group of Companies
CATEGORY OF THE VICTIM IN INTENTIONAL BANKRUPTCY
The article examines such an element of the deliberate bankruptcy as a victim, and analyzes the approaches to defining such a category in the law enforcement practice. The author has identified and formulated problems related to the definition of the victim in the article 196 of the Criminal Code of the Russian Federation “Deliberate bankruptcy”. Statistical information related to the application of this rule of law and judicial practice were considered in the process of writing the article. Options for solving the considered law enforcement problems are proposed.
Keywords: deliberate bankruptcy, victim, legal entity, creditor, debtor, property damage.
Bibliographic list of articles
1. Gavrilov M. A. Problems of procedural succession in the event of liquidation of a legal entity – the victim in a criminal case // Legality. 2018. No. 11. P. 50-51.
2. Proshlyakov A.D. On the inalienability of the status of a legal entity – a victim in a criminal case // Russian Legal Journal. 2009. No. 5 (65).
3. Cherdyntseva I. A. Protection of the interests of deceased participants in criminal proceedings: suspect, accused, victim // Lawyer practice. 2015. No. 6. P. 7-11.
CRIMINAL LAW
MANNA Ammar Abdul Karim
Ph.D. in Law, associate professor of Criminal law, criminal process and criminology sub-faculty of the Patrice Lumumba Peoples’ Friendship University of Russia
INSTITUTE OF CRIME AND PUNISHMENT IN MUSLIM CRIMINAL LAW
The article is an in-depth analysis of key aspects related to the concept of crime and mechanisms of punishment in Muslim criminal law. The author explores the historical roots of these institutions, their theoretical basis, as well as modern practice in various countries and communities. The article also draws attention to aspects of comparative analysis with modern criminal systems and international human rights standards.
Keywords: Muslim criminal law, crime, punishment, Sharia, Islamic law, institution of crime.
Bibliographic list of articles
1. Beccaria Ch. On crimes and punishments. – M., 1939.
2. Boronbekov S. Sharia: its place and role in creating a climate of trust, tolerant consciousness and the fight against extremism in Russian society. – Ryazan, 2004.
3. Vedernikova O. N. Implementation of international legal norms on the fight against corruption in RussiaSiysk criminal law // Criminal law: development strategy in the 21st century: Materials of the 5th International scientific and practical conference. – M.: Prospekt, 2008.
4. Interaction of international and comparative criminal law: Textbook / ed. N. F. Kuznetsova, V. S. Komisarova. – M.: Publishing House “Gorodets”, 2009.
5. Universal Declaration of Human Rights, adopted by the UN General Assembly on December 10, 1948 // Russian newspaper. – 1995. – No. 41.
6. Gilevskaya M. A., Nomokonov V. A. Corruption in modern Russia and prospects for combating it // Investigator. Federal edition. – 2009. – No. 2 (130).
7. Girina D. S. Features of law enforcement practice in the fight against corruption in modern Russia. Corruption and lobbying: legal side // Current problems of modern criminal law and criminology: Collection of scientific papers. – Stavropol: Bortsov LLC, 2011.
8. Golodnyuk M. N. Social and biological problems in female crime // Issues in the fight against crime. – M., 1982. – Issue. 37.
9. Grigoriev A. Corruption-2010. – [Electronic resource]. – Access mode: http://www.golos-ameriki.ru/content/corruption-report-2010-10-26-105798228/189733.html.
10. Zemlyanoy G. L. Conditional sentencing as an alternative to imprisonment // Judicial reform and the effectiveness of the activities of the courts, prosecutors and investigators. 6th scientific and practical conference of young scientists: Abstracts. – St. Petersburg, 2003.
11. Kamaladin Muhammad ibn Abdilwahid. Fth al-Qadir. – Cairo, 1989. – T. 4.
12. Kashuba Yu., Suhoveev A. Conditional sentencing and education of gaps in the criminal legislation of the Russian Federation // Criminological Journal. – M., 2002. – No. 2.
13. Mishin A. A. Constitutions of foreign states, 2nd ed., revised. and additional – M.: Publishing house BEK, 1997.
14. Morozova E. A. Female crime: current situation and causes // International scientific and practical conference “Traditions and innovations in the system of modern Russian law”. – M.: Publishing house Moscow State Law Academy, 2013.
15. Muti Allah Al-Lyuhayibi. Al-ukubat at-Tafuidia fi du’a al-Kitab wa assunna. – Cairo, 1991.
CRIMINAL LAW
MILOVA Irina Evgenjevna
Ph.D. in Law, associate professor, Head of Organization of combating economic crimes sub-faculty of the Samara State University of Economics
KHACHATRYAN Robert Edikovich
postgraduate student of Organization of combating economic crimes sub-faculty of the Samara State University of Economics
SOME ISSUES OF FRAUD QUALIFICATION IN THE INSURANCE SECTOR
The article is devoted to the analysis of the special composition of fraud, namely the novelties of the criminal law of Article 159.5 of the Criminal Code of the Russian Federation from the point of view of the regulatory gaps of the norm in question, conflict of laws provisions in the design of the disposition and the formulation of qualifying features. The revealed contradictions create difficulties of practical application. The guiding explanations of the Supreme Court of the Russian Federation are ambiguous, which does not contribute to the uniformity of approaches of investigative and judicial authorities in assessing the identified abuses in the area under consideration. The authors support the thesis of the need for equal responsibility for the policyholder and the insurer and consider it necessary to review the sanctions policy for insurance fraud.
Keywords: blank standard, intellectual encroachment, insured event, insurer, real damage, objective and subjective signs, use of fake documents
Bibliographic list of articles
1. Akhmedov M. R. Investigation of fraud in the insurance sector // Young scientist. – 2020. – No. 33 (323). – pp. 87-89.
2. Vasilyeva V. A., Egorenko S. N. Fraud in insurance: spheres of manifestation and modern possibilities of prevention // Strategies for sustainable development: social, economic and legal aspects. Materials of the III All-Russian Scientific and Practical Conference. – Cheboksary, 2024. – pp. 239-241.
3. Voronin A. N., Nadirova R. R. Problems of qualification of fraud in the insurance sector when establishing qualifying and especially qualifying characteristics // International Journal of Humanities and Natural Sciences. – 2022. – No. 12-1 (75). – pp. 74-78.
4. Goleshova Ya. Z. Some issues of qualification of fraud in the insurance sector // Young scientist. – 2022. – No. 19 (414). – pp. 252-254.
5. Gorshkova N. D., Churakov A. N. Some problems of initiating criminal cases for fraud in the insurance industry // Science of the XXI century: current directions of development. – 2020. – No. 1-2. – pp. 366-371.
6. Kuzko E. S. Approaches to defining the concept of fraud in the insurance sector // Evolution of state and law: problems and prospects: collection of scientific papersProceedings of the 3rd International Scientific Conference with the inclusion of materials from the 11th round table “Values and norms of legal culture in Russia”. Volume 1. – Kursk, 2021. – pp. 313-317.
7. Lozovsky D. N., Denisov S. L. On the issue of the circumstances to be established in the process of investigating fraud in the field of insurance committed by an organized group // Yurist-Pravoved. – 2019. – No. 4 (91). – pp. 138-141.
8. Sidorenko E. L. Fraud in the insurance sector: some problems of qualification // Economics. Taxes. Right. – 2018. – No. 5. – P. 146-156.
9. Tarasova N.V., Yakushev N. New opportunities for counteracting insurance fraud in the context of digitalization of the economy // Current problems of ensuring economic security and combating corruption and the shadow economy: collection of scientific papers. Volume Issue 2. – M., 2021. – P. 144-150.
CRIMINAL LAW
POSTNIKOV Mikhail Mikhaylovich
Russian Law Academy of the Ministry of Justice of the Russian Federation
ON THE ISSUE OF LIFTING THE MORATORIUM ON THE DEATH PENALTY FOR CRIMES OF A TERRORIST AND EXTREMIST NATURE
The use of the death penalty as capital punishment causes a lot of controversy, updating the historical, legal, social and psychological aspects of this problem. In connection with Russia’s withdrawal from the Council of Europe in 2022, the issue of a moratorium on the use of the death penalty has again become relevant, which is reflected in heated discussions that have unfolded in public and scientific circles. The author, based on analysis and synthesis of research positions, substantiates the possibility of using the death penalty for crimes of a terrorist and extremist nature.
Keywords: death penalty, moratorium, Constitutional Court, crimes, terrorism, extremism.
Bibliographic list of articles
1. Azarov V. A. Destructive factors in the development strategy of criminal procedural legislation in Russia // Bulletin of Tomsk State University. Right. – 2019. – No. 33. – P. 49-59.
2. Almukhametov R. Sh. The mechanism of the origin of extremism and terrorism in modern society: a sociological approach // Current problems of counteracting extremism and terrorism at the present stage: collection. scientific Art. II All-Russian scientific and practical conference with international participation. – Novosibirsk: Novosibirsk Military Institute of the Order of Zhukov named after General of the Army I.K. Yakovlev of the National Guard of the Russian Federation, 2023. – P. 13-147.
3. Anapolskaya A.I. The death penalty: pros and cons // Penitentiary science. – 2019. – T. 13. No. 4 (48). – pp. 497-502.
4. Baytin M.I. The essence of law (modern normative legal understanding on the verge of two centuries). – Saratov, 2001. – P. 358-364.
5. Voloshin I. A., Chaika A. V. The death penalty: “for” and “against” // Scientific notes of the Crimean Federal University named after V. I. Vernadsky. Legal sciences. – 2019. – No. 2. T. 5 (71). – pp. 99-104.
6. Geranin V.V., Maltseva S.N. What punishment should be an alternative to life imprisonment? // Man: crime and punishment. – 2022. – T. 30 (1-4). – No. 3. – P. 314-325.
7. Gerasimova V. G., Khavdok A. M. Problems of application and abolition of the death penalty in Russia // Law and Law. – 2021. – No. 4. – P. 103-106.
8. Davitadze M. D., Maistrenko G. A. The death penalty: arguments for and against // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2021. – No. 1. – P. 102-107.
9. Dvoretsky M. Yu., Anapolskaya A. I. The death penalty: pros and cons // Penitentiary science. – 2019. – T. 13. No. 4 (48). – pp. 497-502.
10. Kaygorodova L. V. The concept of natural human rights: a formal legal approach // Modernity in the work of a novice researcher: Materials of the scientific and practical conference of young scientists. – Irkutsk March 29. – pp. 61-64.
11. Karagodin A.V., Dorofeeva Zh.P. The death penalty: humanity or justice // Problems of law enforcement. – 2018. – No. 3. – P. 6-10.
12. Korotkova O. A., Vorobyova M. O. Rethinking the moratorium on the death penalty in Russia // Bulletin of the educational consortium Central Russian University. Series: jurisprudence. – 2021. – No. 21. – P. 48-50.
13. Mumidzhanov F. T. The issue of lifting the moratorium on the death penalty for terrorism (using the example of the Russian Federation) // Proceedings of the Academy of the Ministry of Internal Affairs of the Republic of Tajikistan. – 2020. – No. 4 (48). – pp. 156-160.
14. Ovsyannikov A.V. Interaction of operational units of the Ministry of Internal Affairs of the Russian Federation with the bodies of the Federal Penitentiary Service of the Russian Federation in the course of countering manifestations of extremism in the penitentiary system // Bulletin of the Tyumen Institute for Advanced Training of Employees of the Ministry of Internal Affairs of Russia. – 2020. – No. 1 (4). – pp. 43-48.
15. Sahakyan A. Kh. Some issues of application of the moratorium on smecapital punishment in the Russian Federation at the present stage // Law and justice in the modern world: current problems of criminal, criminal procedural, international and environmental law. – St. Petersburg, 2020. – pp. 251-255.
16. Serebryakova S. A. “For” and “against” the death penalty in the Russian Federation // Fundamental applied research: from theory to practice: materials of the II international scientific and practical conference dedicated to the Day of Russian Science, Voronezh – Kyzyl-Kiya, February 05-09, 2018. – Voronezh-Kyzyl-Kiya, 2018. – pp. 21-23.
17. Utkin V. A. Penalization factors and international criminal law // Bulletin of Tomsk State University. Right. – 2015. – No. 2. – P. 128-137.
18. Khudyakova A.V., Oganesyan S.M. Constitutional right to life: moratorium on the death penalty – “PRO” and “CONTRA” // State authorities in the system of human rights activities at the present stage: Collection of scientific works of the VI National Scientific- practical conference December 22, 2022 – St. Petersburg, 2022. – pp. 448-454.
19. Zorkin V.D. Constitutional justice: procedure and meaning / Constitutional Court of the Russian Federation. – St. Petersburg, 2021. – P. 80.
20. Hugo V. The last day of a man sentenced to death. – M.: AST Publishing House, 2020 @@ Dostoevsky F. M. Novel “Idiot”. – Part 1. Chapter II.
CRIMINAL LAW
RAVNYUSHKIN Alexey Viktorovich
Ph.D. in historical sciences, associate professor of Special disciplines sub-faculty of the Crime-an branch of the Krasnodar University of the MIA of Russia, Simferopol, colonel of police
TORGERSEN Alexander Sergeevich
senior lecturer of Fire training sub-faculty of the Siberian Law Institute of the MIA of Russia, Krasnoyarsk
BARKOV Evgeniy Nikolaevich
lecturer of Tactical and special training sub-faculty of the Voronezh Institute of the MIA of Russia, major of police
SHESTAKOVA Nataliya Nikolaevna
Deputy Head of the Investigation Department of the Department of the MIA of Russia for the city of Megion of the MIA of Russia for the Khanty-Mansiysk Autonomous Okrug, major of po-lice
FEATURES OF THE APPLICATION OF PUNISHMENTS NOT RELATED TO ISOLATION FROM SOCIETY
This article discusses various types of punishments not related to isolation from society. The authors note both the positive and negative sides of the application of the considered types of punishments. The advantages and disadvantages of such types of punishment as fines, compulsory labor, and correctional labor are analyzed in detail. The psychological and social aspect of sentencing not related to isolation from society is also considered in detail.
Keywords: punishment, fine, correctional labor, compulsory labor, isolation from society.
Bibliographic list of articles
1. Golberg K. A. On some debatable issues of the concept of “punishments not related to isolation from society” // Gaps in Russian legislation. – 2017. – No. 6. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/o-nekotoryh-voprosah-diskussionnosti-ponyatiya-nakazaniy-ne-svyazannyh-s-izolyatsiey-ot-obschestva (date of access: 04/03/2024).
2. Druzhinina A. A. Problems of execution of criminal penalties in relation to persons convicted without isolation from society // E-Scio. – 2018. – No. 1 (16). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/problemy-ispolneniya-ugolovnyh-nakazaniy-v-otnoshenii-lits-osuzhdennyh-bez-izolyatsii-ot-obschestva (date of access: 03/29/2024).
3. Lyadov E.V. Legal status of convicts serving criminal sentences not associated with isolation from society // Vestn. Volume. state un-ta. Right. – 2015. – No. 2 (16). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/pravovoy-status-osuzhdennyh-otbyvayuschih-ugolovnye-nakazaniya-ne-svyazannye-s-izolyatsiey-ot-obschestva (date of access: 03/29/2024).
4. Prisich I.V. Problems of delimiting punishment in the form of restriction of freedom from related punishments not related to isolation from society // Gaps in Russian legislation. – 2017. – No. 1. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/problemy-otgranicheniya-nakazaniya-v-vide-ogranicheniya-svobody-ot-smezhnyh-nakazaniy-ne-svyazannyh-s-izolyatsiey-ot-obschestva (date of access : 04/03/2024).
5. Rastoropov S.V. About punishments not related to imprisonment // Bulletin of the Samara Legal Institute. – 2023. – No. 3 (54). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/o-nakazaniyah-ne-svyazannyh-s-lisheniem-svobody (date of access: 04/03/2024).
6. Senatov A.V., Chaikovsky A.A. Certain problems that arise during the execution of a sentence in relation to those sentenced to punishments not related to imprisonment // Bulletin of the Kuzbass Institutetitle – 2017. – No. 2 (31). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/otdelnye-problemy-voznikayuschie-pri-ispolnenii-prigovora-v-otnoshenii-osuzhdennyh-k-nakazaniyam-ne-svyazannym-s-lisheniem-svobody (date of access : 03/29/2024).
CRIMINAL LAW
ROMANOVA Nelli Lvovna
Ph.D. in Law, associate professor of Criminal law sub-faculty of the East-Siberian branch of the Russian State University of Justice, Irkutsk
KALANDARISHVILI Hristina Aleksandrovna
Ph.D. in Law, associate professor of Criminal law and criminology sub-faculty of the Irkutsk Institute (branch) of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia)
ANALYSIS OF NOVELTIES OF THE CRIMINAL LAW IN THE FIELD OF STATE SECURITY
In the scientific study, the authors note a tendency to strengthen the criminal law protection of the interests of state power, since the legislator criminalized a number of acts that expanded Chapter 29 of the Criminal Code of the Russian Federation, fixing new articles in it: 275.1, 280.3, 280.4 and 281.1-281.3. This phenomenon is explained, of course, by the goals of protecting the interests of Russia in connection with the special military operations by the Armed Forces of the Russian Federation. This article is devoted to the analysis of innovations from the perspective of systemic law and potential effectiveness. As the material is presented, proposals are made to optimize and improve legal regulation in this area.
Keywords: criminal law, novelties, state security, qualification problems.
Bibliographic list of articles
1. Dyakov S.V. Crimes against the foundations of the constitutional order and security of the state: criminal law and criminological research. – St. Petersburg, 2012. – 265 p.
2. Ermolovich Ya. N. Scientific and practical commentary on the Federal Law “On Amendments to the Criminal Code of the Russian Federation and the Criminal Procedure Code of the Russian Federation” dated July 14, 2022 No. 260-FZ // Law in the Armed Forces. – 2022. – No. 11. – P. 89-102.
3. Nudel S. L. Modernization of criminal policy: problems of legal regulation // Journal of Russian Law. – 2023. – No. 1. – P. 5-22.
4. Pudovochkin Yu. E., Babaev M. M. Criminal policy and criminal law of a strong state // Current problems of Russian law. – 2023. – No. 2. – P. 131-144.
5. Shamaev A. M. Issues of law enforcement practice in the qualification of acts falling under Art. 280.3. Criminal Code of the Russian Federation “Public actions aimed at discrediting the use of the armed forces of the Russian Federation” // Education and Law. – 2022. – No. 4.
6. Markuntsov S. A. Administrative prejudice as a special means of legal technology and its use in the criminal code of the Russian Federation // Law. Journal of the Higher School of Economics. – 2016. – No. 4.
CRIMINAL LAW
STUPINA Svetlana Alexandrovna
Ph.D. in Law, associate professor, associate professor of Forensic science sub-faculty of the Siberian Fire and Rescue Academy of the EMERCOM of Russia, Zheleznogorsk
LITVINOV Roman Viktorovich
lecturer of Forensic science sub-faculty of the Siberian Fire and Rescue Academy of the EMERCOM of Russia, Zheleznogorsk
ON SOME ISSUES OF CRIMINAL LIABILITY FOR ACTIVITIES AGAINST THE SECURITY OF THE RUSSIAN FEDERATION
Taking into account the challenges and threats that our society faces and determine the vectors of development of criminal legislation, as well as the formation of law enforcement practice, the article examines the issues of regulating criminal liability in the case of activities of foreign agents to the detriment of national security.
In addition, options on the possibility of qualifying the actions of persons posting photo and video materials in the media, including on the Internet information and telecommunications network, which are used by a foreign state, international or foreign organization or their representatives in activities directed against the security of the Russian Federation, have been investigated.
The author’s version of the criminal law norm on the responsibility of such persons in the absence of signs of high treason is proposed.
Keywords: crime, punishment, criminal liability, state security, foreign agents, photo and video materials, ensuring national security.
Bibliographic list of articles
1. Smirnov S.V. Directions for improving the concept of state sovereignty in the conditions of “real multipolarity” // Bulletin of the Institute of Law of the Bashkir State University. – 2021. – No. 3 (11). – pp. 22-31.
2. Ponomarenko E. V., Kopsheva K. O. Validity of changes in criminal legislation concerning certain crimes against the foundations of the constitutional system and the security of the state // Legal policy and legal life. – 2023. – No. 1. – P. 121-126.
3. Gustova E. V. Reform of criminal legislation regarding crimes against the foundations of the constitutional order and the security of the state // Criminal law: development strategy in the XXI century. – 2023. – No. 1. – P. 161-169.
4. Korobets B. N. Reasons for the legislative use of evaluative concepts in criminal law of Russia // Legal Sciences. – 2007. – No. 2. – P. 165-168.
CRIMINAL LAW
USOV Evgeniy Gennadjevich
Ph.D. in Law, associate professor of Criminal law and criminology sub-faculty of the Irkutsk Institute (branch) of the All-Russian State University of Justice
BELOZERTSEV Sergey Mikhaylovich
Ph.D. in historical sciences, Deputy Head of State and legal disciplines sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk
VOLKOV Pavel Anatoljevich
Ph.D. in Law, associate professor of Management and administrative activities of the internal affairs bodies sub-faculty of the I. D. Putilin Belgorod Law Institute of the MIA of Russia, colonel of police
FEATURES OF MUSLIM CRIMINAL LAW
The article deals with issues related to the peculiarities of Muslim criminal law. The authors emphasize that the exclusivity of Muslim law is expressed in the fact that it is based solely on the norms of religion. This leads to difficulties when there is a question of legitimizing any actions or, conversely, tightening the law. Another feature of the criminal Muslim law is the absence of a Common part.
Keywords: Muslim criminal law, crime, punishment, criminal liability, threat to welfare.
Bibliographic list of articles
1. Akilov F.I. Criminal law of the Islamic Republic of Iran: formation, main institutions and development trends: abstract. dis. …cand. legal Sci. – M., 2010. – 23 p.
2. Akhkumbekova Zh. D. On some general issues of the relationship between the norms of religion and law in the Muslim legal system // Black holes in Russian legislation. – 2012. – No. 5. – P. 18-24.
3. Boronbekov S. Sharia: its place and role in creating a climate of trust, tolerant consciousness and the fight against extremism in Russian society: monograph. – Ryazan, 2004. – 279 p.
4. Elayan G. F. Fundamentals of Muslim criminal law. – Makhachkala, 2002. – 160 p.
5. Artemov V. Yu. Basic institutions of Muslim criminal law: abstract. dis. …cand. legal Sci. – M., 2008. – 28 p.
6. Petrovsky A.I. Religious and philosophical foundations of Muslim criminal law // Legal science. – 2015. – No. 1. – P. 20-26.
7. Stromov V. Yu. System of criminal punishments in the criminal legal family of religious law on the example of modern Muslim states // Bulletin of TSU. – 2012. – No. 9 (113). – pp. 406-407.
8. Syukiyainen L. R. Muslim criminal law: theoretical foundations and modern practice // Modern criminal law and criminology: collection. scientific works / Rep. ed. A. E. Zhalinsky. – M., 2007. – P. 80-106.
CRIMINAL LAW
CHEREMNOVA Natalya Alexandrovna
Ph.D. in Law, associate professor of Criminal law sub-faculty of the Omsk Academy of the MIA of Russia
FEATURES OF THE QUALIFICATION OF PERSONAL HARASSMENT FOR SELFISH REASONS
One of the problems of modern reality is the spread of cases of encroachment on other people’s property through victim harassment. The article analyzes an example from a practical activity that clearly illustrates an encroachment committed for selfish reasons by bullying the victim using information and telecommunication means. The author examines all the norms that contain signs of the committed act, and concludes about the qualification of the deed.
Keywords: selfish motive, qualification, harassment, cyberbullying, Internet, network, minors, criminal liability.
Bibliographic list of articles
1. Tyutyunnik I. G. Selfish motive in the structure of crimes against personal freedom: criminal law and criminological analysis: abstract of thesis. dis. …cand. legal Sci. – Moscow, 2013. 23 p.
2. Baburin V.V., Cheremnova N.A. Bullying in the information space (cyberbullying) and victimization of minors and minors // Altai Legal Bulletin. – 2022. – No. 3. – P. 54-59.
3. Naumova N. N., Efimova A. S. Foreign studies of the phenomenon of bullying in 1980-90 // Psychological Sciences. – 2018. – No. 5-1. – pp. 139-141.)
4. Cheremnova N. A. Social and legal factors that impede the prevention of cyberbullying // Law and practice. – 2023. – No. 4. – P. 140-143.
CRIMINAL LAW
KONNOV Roman Andreevich
postgraduate student of Criminal law and criminology sub-faculty of the Law School of the Far Eastern Federal University, Vladivostok
NEW TYPES OF ENCROACHMENTS ON THE FOUNDATIONS OF THE CONSTITUTIONAL ORDER? TRENDS AND NOVELTIES OF MODERN CRIMINAL LAW POLICY OF THE RUSSIAN FEDERATION
This article analyzes the problem of modern criminal law policy of the Russian state, using the example of new types of encroachments on the foundations of the constitutional system introduced in 2022, namely trends and novelties in current criminal legislation related to the protection of the foundations of the constitutional system of the Russian Federation as a starting point of the study. Taking into account the modern challenges that global globalization has prepared, external threats and internal tasks of the Russian Federation as a sovereign and stable state, as well as the current changes in criminal legislation, the study seems relevant. By reviewing modern doctrinal documents of the Russian Federation, comparative legal analysis of normative legal acts and analysis of draft laws submitted to the Federal Assembly of the Russian Federation, the author identifies the main problems, and also concludes about the trends of modern criminal law policy of the Russian Federation that the foundations of the constitutional system are one of the most protected objects in the Russian Federation, moreover The range of public relations that fall under the protection of such foundations is not constant and is constantly expanding.
Keywords: criminal law policy, foundations of the constitutional system, trends in criminal law policy, protection of the foundations of the constitutional system.
Bibliographic list of articles
1. The Constitution of the Russian Federation (adopted by popular vote on December 12, 1993) (taking into account the amendments introduced by the Laws of the Russian Federation on amendments to the Constitution of the Russian Federation dated December 30, 2008 No. 6-FKZ, dated December 30, 2008 No. 7-FKZ, dated February 5, 2014 No. 2 -FKZ, dated July 1, 2020 No. 11-FKZ) // Collection of legislation of the Russian Federation. – 07/01/2020. – No. 31. – Art. 4398.
2. Criminal Code of the Russian Federation dated June 13, 1996 No. 63-FZ (as amended on March 25, 2022) // “Collection of Legislation of the Russian Federation.” – 06/17/1996. – No. 25. – Art. 2954.
3. Decree of the President of the Russian Federation dated July 2, 2021 No. 400 “On the National Security Strategy of the Russian Federation.”
4. Kuznetsov A.P. Concept, general characteristics of crimes against the foundations of the constitutional system and the security of the state // Socio-political sciences. – 2017. – No. 4. – P. 86-90.
5. Draft Federal Law “On Amendments to the Criminal Code of the Russian Federation and the Criminal Procedure Code of the Russian Federation” No. 130406-8, submitted to the State Duma on May 22, 2022.
6. Criminal law of Russia. General part: Textbook / Ed. F. R. Sundurova, I. A. Tarkhanova. 3rd ed., revised. and additional – M.: Statute, 2009. – P. 149.
CRIMINAL LAW
BLAZHKOVA Tatyana Olegovna
adjunct of Criminal policy sub-faculty of the Academy of Management of the MIA of Russia
ON THE IMPORTANCE OF RECOGNIZING COMPENSATION FOR PHYSICAL AND MENTAL HARM FROM VIOLENT CRIMES
The article examines the aspects of the impact of compensation for physical and mental harm on the optimal functioning and development of the institution of human and civil rights and freedoms. A new view is presented on the situation of moral damage and its compensation as the consequences of committing violent crimes. The definition of moral harm within the framework of the criminal law doctrine is outlined. The analysis of the positions of well-known scientists regarding the concept of violence is carried out. Objects that are directly harmed by violent crimes have been identified. The tendency of the current practice of compensation for harm from crimes is highlighted, the shortcomings of such are identified and ways of improvement are established.
Keywords:violence, moral harm, mental harm, physical harm, human rights.
Bibliographic list of articles
1. Belogrits-Kotlyarovsky L. S. Textbook of Russian criminal law. General and Special parts. – Kyiv, 1903.
2. Gaukhman L. D. Problems of the criminal legal fight against violent crimes in the USSR / ed. I. S. Noya. – Saratov, 1981.
3. Kokorev L. D. Victim of a crime in Soviet criminal proceedings. – Voronezh, 1964.
4. Menshagin V.D., Piontkovsky A.A. Course of Soviet criminal law. A special part. T. 1. – M., 1955.
5. Narizhny S.V. Compensation for moral harm in criminal proceedings in Russia. – St. Petersburg, 2001.
6. Olefirenko S.P. History of the development of the institution of compensation for moral harm in the criminal procedural legislation of the Russian Federation // Bulletin of SUSU. Series: Law. – 2008. – No. 8 (108).
7. Tagantsev N.S. Criminal Code of March 22, 1903 – St. Petersburg, 1904.
8. Sharapov R. D. Physical violence in criminal law. – St. Petersburg, 2001.
CRIMINAL LAW
TAILOVA Aisha Gabibovna
Ph.D. in Law, associate professor of Legal disciplines sub-faculty of the North Caucasus Institute of the All-Union State University of Justice (RLA of the Ministry of Justice of Russia), branch in Makhachkala
MUSTAFAEV Zurab Sabirovich
magister student of the 2nd course of the North Caucasus Institute of the All-Union State University of Justice (RLA of the Ministry of Justice of Russia), branch in Makhachkala
ABAKAROVA Bika Gadzhishamkhalovna
lecturer of the 1st category of the Law College of the North Caucasus Institute of the All-Union State University of Justice (RLA of the Ministry of Justice of Russia), branch in Makhachkala
FEATURES OF CRIMINAL LIABILITY FOR EVASION OF TAXES ON INHERITED PROPERTY UNDER GERMAN LAW
The article discusses the problems of criminal liability for evasion of taxes on inherited property under German law.
Only a small number of people are subject to inheritance or inheritance taxes. There are theories according to which the unpopularity of inheritance taxes in Germany is related to the interests of a certain category of people who will be most affected by tax increases and that they have the opportunity to influence public opinion. Another important factor for popularity and therefore willingness to evade taxes in Germany is how fair the tax is perceived to be. If a tax is perceived as very unfair, tax evasion will have greater social approval and the decision to evade the tax will be made more often. An unfair tax system increases incentives to cheat.
Taxation is part of the important tools used by the state to direct economic and social activities, and tax evasion makes it difficult for the state to fulfill its responsibilities.
Analysis of the features of German tax legislation and the use of foreign experience in combat tax crimes in the field of taxation of inherited property allows us to formulate a set of effective national criminal legal measures to combat this type of crime.
Keywords: criminal law, criminal law, corpus delicti, criminal liability, tax, taxpayer, tax crime, tax criminal act, foreign criminal law, criminal law of Germany.
Bibliographic list of articles
1. Lopashenko N. A. Crimes in the sphere of economic activity: theoretical and applied analysis. – M.: Yurlitinform, 2015. – P. 42.
2. Khoroshilov S. A. Some problems of responsibility and punishability of evasion of taxes and (or) fees // Criminal law policy and problems of counteracting modern crime. Digest of articles. – Saratov, 2022. – P. 317.
3. [Electronic resource]. – Access mode: https://www.kommersant.ru/doc/348154 (date of access: 03/01/2024).
4. Tsvetkov F. N. Representation in relations regulated by legislation on taxes and fees // Ivanovo-Voznesensky Legal Bulletin. – 2022. – No. 3. – P. 25.
5. Inheritance tax in Germany and the gift of real estate may increase from January 1, 2023, due to the cadastral revaluation of real estate in Germany. – [Electronic resource]. – Access mode: https://ru.inteco-real-estate.com/pokupatelyam/halog-na-nasledstvo-v-germanii-i-darenie-nedvizhimosti-mogut-rezko-vozrasti-s-2023-goda/@@ Technological description: This website uses the Matomo web analysis service to analyze and optimize the use of our website. The software runs only on web servers operated by the service provider “ITZ Bund” on behalf of the Federal Statistical Office. – [Electronic resource]. – Access mode: https://www.destatis.de/EN/Themes/Economy/National-Accounts-Domestic-Product/_node.html.
6. Experts from the German Institute for Economic Research (DIW) announced the beginning of a recession in Germany. – [Electronic resource]. – Access mode: https://www.gazeta.ru/business/news/2022/10/28/18900901.shtml.
CRIMINAL LAW
KONNOV Roman Andreevich
postgraduate student of Criminal law and criminology sub-faculty of the Law School of the Far Eastern Federal University, Vladivostok
GENERAL CRIMINAL LAW CHARACTERISTICS OF CRIMES THAT INFRINGE ON THE FOUNDATIONS OF THE CONSTITUTIONAL SYSTEM OF THE RUSSIAN FEDERATION
In the ccontent of this scientific article, the author examines the general criminal law characteristics of crimes that infringe on the foundations of the constitutional system of the Russian Federation. At the end of the preparation of this scientific study, the author formulated his own vision of some features of the criminal law qualification of the category of criminal act in question.
Keywords: general criminal law characteristics, crimes encroaching on the foundations of the constitutional system of the Russian Federation, the foundations of the constitutional system of Russia.
Bibliographic list of articles
1. Vladimirov A. A. Crimes that encroach on the foundations of the constitutional system. Monograph. – St. Petersburg: Yurayt, 2022. – 510 p.
2. Lopashenko N. A. Crimes that encroach on the foundations of the constitutional system. – Moscow: Wolters Kluwer, 2019. – 188 p.
CRIMINAL LAW
FYODOROV Evgeniy Alexeevich
postgraduate student of the Penza State University
CRIMES AGAINST JUSTICE: PROBLEMS OF THE SYSTEM
This work is an overview of the system of crimes against justice, highlighting both theoretical and practical aspects of this issue. The paper examines various types of crimes against justice, their definition, features and consequences. The author also explores the difficulties faced by theorists and practitioners in this field, including the ambiguity of the definition of crimes against justice, and the insufficient legislative framework.
Keywords: justice, crimes against justice, the system.
Bibliographic list of articles
1. Aleksandrov A. N., Antonov Yu. I., Galakhova A. V., Demidov V. V., et al. Crimes against justice / Edited by: Galakhova A. V. – M.: Norma, 2005.
2. Anishina V.I., Artemov V.Yu., Bolshova A.K. et al. Justice in the modern world: monograph / Ed. V. M. Lebedeva, T. Ya. Khabrieva. – M.: Norma, Infra-M, 2012.
3. Gubko I.V. The system of crimes against justice and the place in it of evasion from serving a criminal sentence or other measures of legal and procedural coercion // Russian investigator. – 2012. – No. 23.
4. Prokhorov L. A., Prokhorova M. L. Criminal law: Textbook. – M., 2004.
5. Classification of crimes against justice // Bulletin of Omsk State University. Series. Right. – 2016. – No. 3 (48). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/klassifikatsiya-prestupleniy-protiv-pravosudiya-2 (date of access: 02.21.2024).
CRIMINAL PROCEDURE
GAUZHAEVA Viktoriya Alexandrovna
Ph.D. in Law, associate professor of Special and technical training sub-faculty of the North-Caucasian Advanced Training Institute (branch) of the Krasnodar University of the MIA of Russia, colonel of police
VDOVIN Anton Sergeevich
lecturer of Tactical and special training sub-faculty of the Barnaul Law Institute of the MIA of Russia, major of police
GENERAL TACTICAL PROVISIONS FOR INVESTIGATING CRIMES COMMITTED BY ORGANIZED CRIMINAL GROUPS
The article outlines the tactical features of the investigation of crimes committed by organized criminal groups, and emphasizes the need to use specialized investigative strategies, problems with collecting evidence associated with the hierarchical structure of groups and complex measures to counter the actions of law enforcement agencies The article highlights the importance of a flexible, adaptive approach to investigations based on a deep understanding of crime dynamics and the use of advanced forensic techniques.
Keywords: organized crime, investigative actions, evidence collection, criminal groups, law enforcement strategy
Attached bibliography
1. Arsenyev K. Yu. Prevention and detection of crimes committed by organized criminal groups // Issues of sustainable development of society. – 2022. – No. 5. – P. 627-632.
2. Bakirov R.R. Social and historical prerequisites for the emergence and development of organized criminal groups in the USSR and Russia // Human factor: Social psychologist. – 2023. – No. 3 (47). – pp. 12-22.
3. Shustikova M. V. Forensic support for the disclosure and investigation of crimes committed as part of an organized criminal group // Law and Management. – 2023. – No. 1. – P. 267-277.
4. Berova D. M., Akkaeva Kh. A. Current issues in the development of the causes and conditions of crime in the Russian Federation // Gaps in Russian legislation. – 2023. – T. 16. No. 5. – P. 376-380.
5. Rezvan A. P., Subbotina M. V. Forensic methods for investigating certain types of crimes: a textbook in 2Part 2. – M.: IMI GUK MIA of Russia, 2002. – 232 p.
6. Tambiev S. A., Abaev N. B. Tactics of combating organized crime // Law and management. – 2023. – No. 10. – P. 230-234.
7. Tambiev S. A., Urumov A. V. Cyberterrorist crimes: problems of detection and investigation / In the collection: Theory and practice of crime investigation. Materials of the XI International Scientific and Practical Conference. (Krasnodar, April 13, 2023). – Krasnodar: Krasnodar University of the Ministry of Internal Affairs of Russia, 2023. – P. 237-240.
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 SIGNIFICANCE AND FEATURES OF THE IMPLEMENTATION OF OPERATIONAL INVESTIGATIVE ACTIVITIES
The work studies the formation of the legal system as a whole, law enforcement in particular, the development and importance of operational-search activities, its relationship with the criminal procedure law. Particular attention is paid to issues of evidence and proving. In particular, understanding the essence of 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, operational-search activities, evidence, documentation, police.
Bibliographic list of articles
1. Federal Law of August 12, 1995 No. 144-FZ (as amended on July 6, 2016) “On operational investigative activities.” [Electronic resource]. – Access mode: http://www.consultant.ru. (date of access: 01/14/2024).
2. “Criminal Procedure Code of the Russian Federation” dated December 18, 2001 No. 174-FZ (as amended on April 1, 2019, as amended on April 17, 2019) (with amendments and additions, entered into force on April 12, 2019 ). [Electronic resource]. – Access mode: http://www.consultant.ru. (date of access: 01/14/2024).
CRIMINAL PROCEDURE
ERMAKOV Alexey Alexeevich
lawyer, lecturer of Professional disciplines sub-faculty of the Samara Law Institute of the FPS of Russia
AZARKHIN Alexey Vladimirovich
Ph.D. in Law, associate professor of Combating economic crimes sub-faculty of the Samara State University of Economics
A TURN FOR THE WORSE AS A PROBLEM OF REVIEWING CASES RELATED TO NON-FULFILLMENT OF THE TERMS AND OBLIGATIONS OF THE PRE-TRIAL COOPERATION AGREEMENT
The article examines the actual aspects of the effect of the criminal procedure prohibition on a turn for the worse in the review of convictions against a person who entered into an agreement at the stage of pre-trial proceedings. Criminal procedure prohibitions play an important role in ensuring justice and protecting the rights of participants in criminal proceedings, preventing abuse. The prohibition of a turn for the worsening is one of the special cases of a criminal procedure ban, providing an opportunity to appeal the verdict without the risk of worsening the situation of the unfortunate person. However, in case of violation of the terms of the pre-trial cooperation agreement, a turn for the worse during the review of the case may lead to tougher penalties and the cancellation of benefits provided on the basis of the agreement.
Keywords: criminal procedure ban, turn for the worse, pre-trial cooperation agreement.
Bibliographic list of articles
1. Bagautdinov K. F. Current issues of pre-trial agreement on cooperation // Bulletin of the Kazan Legal Institute of the Ministry of Internal Affairs of Russia. 2017. No. 4 (30). pp. 95-98.
2. Kachalova O. V. A turn for the worse during a review due to newly discovered circumstances of the verdict against a person who entered into a pre-trial cooperation agreement // Law and Law. 2015. No. 11. P. 121-123.
3. Kilina I.V. A turn for the worse when reviewing a sentence passed against a defendant with whom a pre-trial cooperation agreement was concluded // Current problems of Russian law. 2018. No. 8 (93). pp. 155-163.
4. Malko A.V. Prohibitions as a means of legal policy // Bulletin of the Samara Humanitarian Academy. Series: Law. 2012. No. 1 (11). pp. 3-11.
5. Nasonova I. A., Khalimonenko S. S.On the issue of criminal procedural prohibition // Bulletin of the Voronezh Institute of the Ministry of Internal Affairs of Russia. 2019. No. 4. P. 181-186.
6. Bad M. E. Grounds for a turn for the worse in the cassation court // Bulletin of Tomsk State University. 2016. No. 409. pp. 171-186.
7. Ryabykh M. Yu. Prohibition of turning for the worse in the system of criminal procedural prohibitions // Bulletin of Voronezh State University. Series: Law. 2007. No. 1 (2). pp. 313-320.
8. Khalimonenko S.S. Norms and prohibitions in the mechanism of criminal procedural regulation // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. 2020. No. 4 (55). pp. 173-178.
CRIMINAL PROCEDURE
MEDVEDEVA Inna Nikolaevna
scientific researcher of the Department on the study of the problems of employment of convicts and the economic problems of the functioning of the penal enforcement system of the Center for the Study of Problems of Management and Organization of the Execution of Sentences in the Penitentiary System of the Federal State Institution “Research Institute of the Federal Penitentiary Service”
ON THE ISSUE OF ORGANIZING THE SELECTION OF STAFF IN THE PENITENTIAL SERVICES OF SOME FOREIGN COUNTRIES
Recently, the problem of personnel outflow from the Russian Ministry of Internal Affairs and other law enforcement agencies has become actively discussed in the media. One of the reasons for employees leaving law enforcement agencies is the “uncompetitive” level of wages. Meanwhile, the task of developing highly motivated and professional personnel potential in law enforcement agencies has been placed under special control by the President of the Russian Federation and the Government of the Russian Federation, including in strategic planning documents (Concepts and Development Strategies). The author of the article analyzed the scientific literature and legislation of foreign countries on the chosen research topic. The analysis showed special requirements for candidates for service or work in the penitentiary departments of foreign countries, including: proper health, a certain level of education, passing tests, etc. At the same time, employees of penitentiary services, in addition to competitive wages, are provided with various benefits: retirement after a certain period of service, compensation for rent, training, vacations.
Keywords: foreign experience, personnel selection, penitentiary institutions, features.
Bibliographic list of articles
1. “Not such a warm place these days” 08/11/2023 // Website of the Kommersant publication 03/22/2024. [Electronic resource]. – Access mode: https://www.kommersant.ru/doc/6150177?ysclid=lu2ig7enb422749357 (date of access: 03.22.2024).
2. The Ministry of Internal Affairs announced a shortage of 100 thousand people 10/11/2023 // RBC website 03/22/2024. [Electronic resource]. – Access mode: https://www.rbc.ru/politics/11/10/2023/65267c689a7947345a72f306?ysclid=lu2ipd16kl964367314 (date of access: 03/22/2024).
3. RBC website. The Federal Penitentiary Service decided to overcome the outflow of personnel with the help of an extended service life 11/17/2020. [Electronic resource]. – Access mode: https://www.rbc.ru/society/17/11/2020/5fb39d7f9a794772dbfc1755 (date of access: 03/20/2024).
4. Teplyashin P.V. Anglo-Irish type of European penitentiary systems: organizational and legal foundations, means of treatment and conditions of detention for convicts // Journal of Foreign Legislation and Comparative Law. – 2017. – No. 1 (62). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/anglo-irlandskiy-tip-evropeyskih-penitentsiarnyh-sistem-organizatsionno-pravovye-osnovy-sredstva-obrascheniya-i-usloviya-soderzhaniya (access date: 03/22/2024 ).
5. Khairullin V.I., Yusupova Z.A. From the penitentiary experience of the Scandinavian countries // Eurasian Advocacy. – 2019. – No. 1 (38). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/iz-penitentsiarnogo-opyta-skandinavskih-stran (date of access: 03/20/2024).
CRIMINAL PROCEDURE
MELIKOVA Iminat Muradovna
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
TO THE QUESTION OF THE NOTION OF THE JUDICIAL INVESTIGATION AS A STAGE OF THE JUDICIAL PROCEEDINGS
The judicial investigation is an essential stage in the judicial process of criminal proceedings in the Russian Federation. It is a comprehensive system of procedures and measures aimed at clarifying all the circumstances of the crime, establishing the guilt orinnocence of the defendant, as well as ensuring the collection of necessary evidence for judicial review of the case. The judicial investigation is carried out taking into account the principles of justice, legality and protection of human rights and guarantees compliance with procedural norms and rules. During this process, various procedural actions are carried out, such as interrogations of participants in the case, examinations, crime scene inspections and analysis of material evidence. In addition, the judicial investigation ensures the protection of the rights of the defendant and ensures transparency and objectivity of the entire process.
Keywords: criminal case, trial, Russian Federation, defendant’s rights, evidence, procedural actions, justice.
Bibliographic list of articles
1. Aleksandrov A. S. Judicial investigation in the procedure for considering a criminal case by an appellate court of general jurisdiction: reality or legal simulacrum // Checking the legality and validity of judicial decisions in criminal proceedings: Collection of materials of the All-Russian Scientific and Practical Conference, St. Petersburg, 16-17 October 2020 / Edited by K. B. Kalinovsky. – St. Petersburg: Center for Scientific and Information Technologies “Asterion”, 2021. – P. 61-71.
2. Osodoeva N.V. Judicial investigation in the court of first instance in the Russian Federation, England and the Republic of Turkey: common features and differences // Scientific digest of the East Siberian Institute of the Ministry of Internal Affairs of Russia. – 2019. – No. 2 (2). – pp. 159-165.
3. Tarasov A. A., Gizatullin I. A. Judicial investigation in criminal cases as a reflection of the main problems of domestic justice // Bulletin of the Institute of Law of the Bashkir State University. – 2020. – No. 4 (8). – pp. 88-96.
4. Fomin V. A. On the issue of the concept of judicial investigation as the stage of the trial itself // Science of the young – the future of Russia: a collection of scientific articles of the 6th International Scientific Conference of Prospective Developments of Young Scientists, Kursk, December 09–10, 2021. Volume 2. – Kursk: Southwestern State University, 2021. – P. 346-350.
5. Khaidarov A. A. The purpose of judicial investigation in criminal proceedings // Yurist-Pravoved. – 2021. – No. 2 (97). – pp. 107-114.
CRIMINAL PROCEDURE
MILOVA Irina Evgenjevna
Ph.D. in Law, associate professor, Head of Organization of combating economic crimes sub-faculty of the Samara State University of Economics
PRYTKOVA YanaVyacheslavovna
postgraduate student of Organization of combating economic crimes sub-faculty of the Samara State University of Economics
CONCLUSION AND TESTIMONY OF A SPECIALIST, THEIR EVIDENTIARY VALUE IN RUSSIAN CRIMINAL PROCEEDINGS
The article analyzes the role of a specialist in criminal proceedings. The differences between a specialist and an expert are considered. The author examines the admissibility of using the conclusion and testimony of a specialist as an independent type of evidence in the case. The main problems associated with the participation of a specialist in criminal proceedings are analyzed. The necessity of reforming the institution of a specialist is proven from the standpoint of the procedure for drawing up an opinion and the procedure for its provision. The testimony of a specialist is considered as a way to confirm the validity of the prepared conclusion. The authors defend the thesis that the conclusions and testimony of a specialist provide a sufficient amount of factual material, and cannot be considered “second-class” evidence.
Keywords: expert’s conclusion, expert’s testimony, forensic examination, specialist, expert, evidence, investigator, traces of a crime, defense party, criminal proceedings.
Bibliographic list of articles
1. Allahverdiev A. M., Yavorsky M. A. The use of a polygraph in the detection and investigation of crimes: pros and cons // Bulletin of the Prikamsky Social Institute. – 2020. – No. 3 (87). – pp. 61-64.
2. Afanasyev Yu. N., Afanasyeva O. V., Milova I. E. On the issue of the evidentiary value of linguistic examinations // Current problems of jurisprudence: collection. based on materials of the VIII international. scientific-practical conf. – 2018. – Volume No. 3 (8).
3. Bobrov D. M. Admissibility of using polygraph research results as evidence in a criminal case // Young scientist. – 2022. – No. 14 (409).
4. Bulokhov I.I. Conclusion and testimony of a specialist as types of evidence in Russian criminal proceedings // Young scientist. – 2023. – No. 15 (462).
5. Glazunova E. V. Current problems of the participation of a specialist in criminal proceedings when working with electronic evidence // Young scientist. – 2023. – No. 37 (484).
6. Elagina E. V. Institute of Special Knowledge in Criminal Justiceproduction: textbook. – St. Petersburg: St. Petersburg Law Institute (branch) of the University of the Prosecutor’s Office of the Russian Federation, 2019.
7. Kurchenko V. N. Expert’s conclusion: evidentiary value in comparison with examination // Criminal process. – 2023. – No. 1 (17).
8. Makeeva I. E. Conclusion of a specialist in criminal proceedings: features and place in the system of evidence // Liberal-democratic values. – 2023. – No. 3. Volume 7.
9. Polyakov S. B. Evaluation by the court of a specialist’s conclusion // Criminal proceedings. – 2022. – No. 3.
CRIMINAL PROCEDURE
RABADANOV Ramazan Ruslanovich
magister student of the 2 year of full-time study of the Institute of Law of the Dagestan State University, Makhachkala
BEGOVA Dinara Yakubovna
Ph.D. in Law, associate professor of Criminal process and criminalistics sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
ACTUAL PROBLEMS OF THE COURT’S ELECTION OF A PREVENTIVE MEASURE IN THE FORM OF DETENTION
This scientific article examines in detail the problems associated with the court’s choice of a preventive measure in the form of detention in the Russian Federation. This study is a large-scale analysis of both the legal and social aspects of this important aspect of law enforcement practice. Primary attention is paid to the observance of constitutional guarantees and human rights in the process of choosing a preventive measure, especially in the context of ensuring a fair trial. Cases of arbitrariness and corruption are considered, which may affect the adoption of unreasonable court decisions and violate the principles of justice. In conclusion, based on the analysis, practical recommendations and directions are proposed for reforming the justice system in order to ensure the fair and effective application of preventive measures in the form of detention in the Russian Federation.
Keywords: election of a preventive measure, detention, judicial process, human rights, corruption, social consequences, Russian Federation.
Bibliographic list of articles
1. Grigorieva V. S. Problems of choosing a preventive measure in the form of detention // Science and education in global processes. – 2020. – No. 1 (7). – pp. 38-41.
2. Lyutikova A.V. Detention as a preventive measure in Russian criminal proceedings // Science and education: problems and development strategies. – 2018. – No. 1 (4). – pp. 93-99.
3. Pechkareva A. O. Current problems of choosing a preventive measure by the court in the form of detention // Investigative activity: problems, their solution, development prospects: Materials of the V All-Russian Youth Scientific and Practical Conference, Moscow, December 03, 2021. – Moscow: Moscow Academy of the Investigative Committee of the Russian Federation, 2022. – P. 269-273.
4. Ramazanov R. A. Problems of choosing a preventive measure in the form of detention // Criminal proceedings in Russia and foreign countries: problems and development prospects: materials of the international scientific and practical conference, St. Petersburg, November 12, 2021. – St. Petersburg: St. Petersburg University of the Ministry of Internal Affairs of Russia, 2021. – P. 335-339.
5. Shikieva D. Sh. Detention as a preventive measure: problems, practical implementation // Problems of improving legislation: a collection of scientific articles by students of the Faculty of Law. Volume Issue-85/19. – Makhachkala: Limited Liability Company “ALEF”, 2019. – P. 409-412.
CRIMINAL PROCEDURE
TINGAEVA Irina Vladimirovna
senior lecturer of Criminal process sub-faculty of the Ufa Law Institute of the MIA of Russia
IMAEVA Yuliya Borisovna
Ph.D. in Law, Head of the sub-faculty of the Bashkir Academy of Public Administration and Management under the Head of the Republic of Bashkortostan
THE ACTIVITIES OF THE INVESTIGATOR TO COMPLY WITH PROCEDURAL GUARANTEES OF THE SUSPECT
During the initiation of a criminal case, various procedural guarantees of participants can be implemented, and the investigator must be considered the main subject of such implementation. At the same time, an analysis of the legislative regulation of these relations shows that there are significant problems in determining the procedural status of individual of them. In this connection, questions arise related to the need to provide due procedural guarantees to participants in criminal proceedings. Thus, the article examines the areas of activity of the investigator in implementing the implementation of procedural guarantees involved in the stage of initiating a criminal case of participants.
Keywords: criminal process, investigator, procedural guarantees, participants in criminal proceedings, criminal case, suspect.
Bibliographic list of articles
1. Fadeev P.V., Ivanov D.A. On the concept of a suspect and the problems of improving his procedural status // Bulletin of Economic Security. – 2022. – No. 4. – P. 226-230.
2. Burtsev A.V. On the issue of detaining a person on suspicion of committing a crime at the stage of initiating a criminal case // Gaps in Russian legislation. – 2021. – T. 14. No. 4. – P. 323-327.
3. Akhmedov A. A. On the legal status of a suspect at the stage of initiating a criminal case // Concept of the “knowledge society” in modern science. Collection of articles based on the results of the International Scientific and Practical Conference. – Sterlitamak, 2022. – pp. 111-113.
4. Anikina M. S. Procedural position of the primary participants in criminal proceedings // Electronic supplement to the Russian Legal Journal. – 2021. – No. 1. – P. 77-85.
5. Dikarev I. S., Nikonovich S. L. Raising suspicions in criminal proceedings // Bulletin of military law. – 2021. – No. 3. – P. 7-12.
6. Grishin A.V., Semenov E.A., Vetrova O.A., Grishina E.B., Zolochevskaya L.S. Criminal procedural aspects of the detention of persons suspected of committing a crime: educational and practical guide. – M., 2019. – P. 49
CRIMINAL PROCEDURE
AZARKHIN Alexey Vladimirovich
Ph.D. in Law, associate professor of Theory of law and philosophy, associate professor of Organization of combating economic crimes sub-faculty of the Samara State Economic University
DANILOV Grigoriy Arsenovich
postgraduate student of Organization of combating economic crimes sub-faculty of the Samara State University of Economics
LEGAL RESPONSIBILITY OF A FORENSIC EXPERT: ISSUES OF THEORY AND PRACTICE
The expert’s opinion and testimony are defined as evidence in accordance with Part 2 of Article 74 of the Criminal Procedure Code of the Russian Federation. The importance of this forensic expert’s opinion is indisputable. It is on the expert’s opinion that preliminary investigation bodies and courts often base their conclusions. These circumstances determine the fact that the forensic expert is legally responsible for the quality of the report being drawn up.
Keywords: legal liability, forensic expert, knowingly false expert opinion.
Bibliographic list of articles
1. Criminal Procedure Code of the Russian Federation dated December 18, 2001 No. 174-FZ // Collection of Legislation of the Russian Federation dated December 24, 2001. No. 52 (Part I). Art. 4921.
2. Labor Code of the Russian Federation of December 30, 2001 No. 197-FZ // Collection of Legislation of the Russian Federation of January 7, 2002 No. 1 (Part I). Art. 3.
3. Arbitration Procedural Code of the Russian Federation dated July 24, 2002 No. 95-FZ // Collection of Legislation of the Russian Federation dated July 29, 2002. No. 30. Art. 3012.
4. Civil Code of the Russian Federation (part one) dated November 30, 1994 No. 51-FZ // Collection of legislation of the Russian Federation dated December 5, 1994. No. 32. Art. 3301.
5. Code of the Russian Federation on Administrative Offenses dated December 30, 2001 No. 195-FZ // Collection of Legislation of the Russian Federation dated January 7, 2002. No. 1 (Part I). Art. 1.
6. Criminal Code of the Russian Federation of June 13, 1996 No. 63-FZ // Collection of Legislation of the Russian Federation of June 17, 1996. No. 25. Art. 2954.
7. Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 28, 2022 No. 20 “On some issues of judicial practice in criminal cases of crimes against justice” // SPS ConsultantPlus.
8. Resolution of the Arbitration Court of the Ural District dated February 13, 2023 in case No. A47-10586/2019. [Electronic resource]. – Access mode: www.kadr.arbitr.ru (access date: 03/04/2024).
9. Resolution of the Arbitration Court of the Moscow District dated November 16, 2016 in case No. A41-62457/2015. [Electronic resource]. – Access mode: www.kadr.arbitr.ru (access date: 03/04/2024).
10. Resolution of the Seventeenth Arbitration Court of Appeal dated January 26, 2012 in case No. A60-34104/2010 // SPS ConsultantPlus.
11. Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated May 14, 2019 No. 16-КГ19-3. [Electronic resource]. – Access mode: www.legalacts.ru (access date 03/04/2024).
12. Decision of the Leninsky District Court of the city of Ivanovo dated January 30, 2015 in case No. 2-490/2015. [Electronic resource]. – Access mode: www.sudact.ru (access date 03/04/2024).
13. Resolution of the Fifteenth Arbitration Court of Appeal dated 06/09/2011 in case No. A53-919/2011 // SPS ConsultantPlus.
14. Resolution of the Administrative Court of the East Siberian District dated January 29, 2016 No. F02-7470/15 in case No. A33-9867/2014.
15. Resolution of the Federal Antimonopoly Service of the East Siberian District dated October 25, 2011 in case No. A33-5881/2010.
16. Kurylev S.V. Fundamentals of the theory of evidence in Soviet justice. Minsk: Publishing house Minsk. Univ., 1969. P. 163.
CRIMINAL PROCEDURE
BEREZINA Tatyana Evgenjevna
magister student of the Far Eastern Federal University, Vladivostok
KURYSHEV Andrey Olegovich
magister student of the Far Eastern Federal University, Vladivostok
ADMISSIBILITY OF SUBPOENAS FOR QUESTIONING THROUGH THE USE OF INSTANT MESSENGERS
The article discusses the legality of using communication messengers such as WhatsApp, Telegram to summon participants in criminal proceedings for questioning. Today, the legislation uses general wording about the possibility of summoning for questioning by subpoena “using means of communication,” but the question arises: do instant messengers fall under this concept? The work also analyzes the issue of the moment of receiving a subpoena via messenger.
The article additionally suggests ways to improve criminal procedural legislation with a view to more accurate and specific formulation, as well as due to the need for the legislator to take into account modern realities in investigative practice. A method for introducing a system similar to the electronic military registration system is proposed.
Keywords: summons for interrogation, investigator, messenger, WhatsApp, Telegram, means of communication.
Bibliographic list of articles
1. Brilliantov A.V. On the content of the concept of “official document” // Journal of Russian Law. – 2003. – No. 2.
2. Krysin L.P. Explanatory dictionary of foreign words. – M.: Eksmo Publishing House, 2005. – P. 160.
3. Ozhegov S.I. Dictionary of the Russian language: Ok. 53,000 words / General. ed. prof. L. I. Skvortsova. 24th ed., rev. – M.: LLC “Publishing House “Oniks”; LLC “Publishing House “Peace and Education”, 2007. – P. 121.
4. Ryzhakov A.P. Summoning an individual for questioning at the stage of preliminary investigation. Commentary on Article 188 of the Code of Criminal Procedure of the Russian Federation. – [Electronic resource]. – Access mode: http://www.consultant.ru.
5. Semenov R. B. Criminal legal assessment of document forgery: Dis. …cand. legal Sci. – M., 2005. – 186 p.
6. Criminal law of Russia. Parts General and Special: Textbook / Ed. A. V. Brilliantova. – M.: Prospekt, 2008. – 1344 p.
7. Udovichenko V. S., Shelepov K. A. Admissibility of calling for questioning through instant messaging systems // Eurasian Legal Journal. – 2023. – No. 10 (185). – pp. 248-250.
CRIMINAL PROCEDURE
SAMSONOV Pavel Aleksandrovich
postgraduate student of Criminal process law sub-faculty of the O. E. Kutafin Moscow State Law University (MSLA): Advisor in the Department of Criminal and Administrative Law of the Ministry of Justice of the Russian Federation
REMOTE PRODUCTION OF AN INVESTIGATIVE ACTIONS WITH THE PARTICIPATION OF THE ACCUSED LOCATED OUTSIDE THE RUSSIAN FEDERATION
The article considers the possibility of conducting an investigative action in a remote format with the participation of the accused located outside the Russian Federation. It is noted that the right of the specified person to defend himself by defending his own position in a criminal case is insufficiently ensured by the provisions of the Code of Criminal Procedure of the Russian Federation, which provide for the investigator to send a request for international legal assistance in criminal proceedings. In this regard, the author substantiates the advantages of the remote procedure for the participation of the accused in the investigative action from the premises of the embassy, consulate of the Russian Federation. The vector of development of legal regulation of the specified procedural legal relations is defined.
Keywords: criminal proceedings, the accused, remote participation, video conferencing, the right to defense, international legal cooperation in a criminal case.
Bibliographic list of articles
1. Antonovich E. K. Legal assistance in criminal cases in a digital society // Current problems of Russian law. – 2021. – No. 11 (132). – pp. 167-173.
2. Volevodz A.G. On the admissibility of interrogations of foreign citizens on the territories of foreign missions of Russia // Criminologist Library. Science Magazine. – 2014. – No. 2. – P. 358-375.
3. High-tech criminal process / D. V. Bakhteev, A. I. Zazulin, S. V. Zuev [and others]. – M.: Publishing house “Yurlitinform”, 2023. – 216 p.
4. Golovko L.V. International legal assistance in criminal matters vs digitalization of criminal proceedings: are the concepts compatible in the context of the latest US legislation? // State and law (Armenia). – 2021. – No. 2 (90). – pp. 23-34.
5. Esina A. S., Zhamkova O. E. International orders of the investigator: problematic issues of direction and execution of orders // Bulletin of Economic Security. – 2019. – No. 2. – P. 122-124.
6. Klevtsov K. K. Interrogation during the investigation of criminal cases initiated against persons located outside the territory of the Russian Federation: criminal procedural and international legal aspects // Gaps in Russian legislation. – 2016. – No. 2. – P. 165-170.
7. Course in criminal procedure / Ed. Doctor of Law, Prof. L. V. Golovko. – 3rd ed., rev. and additional – M.: Statute, 2021. – 1328 p.
8. Malysheva O. A. Procedural guarantees of the rights of participants in investigative actions carried out using a video conferencing system // Lex Russica. – 2022. – No. 6 (187). – pp. 74-84.
9. Mironova A.V. On the need to develop cooperation between the Russian Federation and foreign states in providing legal assistance in criminal proceedings // Bulletin of Economic Security. – 2016. – No. 1. – P. 168-172.
10. Criminal procedural law of the Russian Federation: textbook. – 2nd ed., revised. and additional / L. N. Bashkatov [etc.]; resp. ed. I. L. Petrukhin. – M.: TK Welby, Iz-vo Prospekt, 2006. – 664 p.
11. Feoktistova E. E. International cooperation of preliminary investigation authorities in criminal cases: proceduralLegal and forensic aspects: abstract. dis. …cand. legal Sci. – M., 2007. – 27 p.
12. Chaplygina V. N. Problems of remote interrogation in pre-trial proceedings in Russia // Science and practice. – 2015. – No. 3(64). – pp. 128-130.
13. Shkhagapsoev Z. L., Kanunnikova G. G. Current state of international cooperation in the field of criminal proceedings // Gaps in Russian legislation. – 2019. – No. 5. – P. 92-93.
CRIMINAL PROCEDURE
SOLOGUB Valeriya Alexeevna
postgraduate student of the F. M. Dostoevsky Omsk State University
CURRENT PROBLEMS OF LEGISLATION AND PRACTICE OF APPLYING COMPULSORY MEDICAL MEASURES
The article discusses the problem of applying compulsory medical measures in the context of modern legislation of the Russian Federation. Particular attention is drawn to the lack of a clear legislative definition of CMM, which leads to discrepancies and uncertainty in their application. The reasons for using CMM, theoretical aspects and practical problems in this area are considered. Attention is drawn to the articles of the authors that raise practical problems, and in addition, a solution to the problems posed is proposed, in particular, it is proposed to make changes that determine the location of the person before the issue of a judicial act on compulsory treatment, in order to ensure legal and ethical regulation of this process.
Keywords: use of compulsory medical measures (CMM), hospitalization, mental disorders, medical institutions, person with mental disorders.
Bibliographic list of articles
1. Dzheleeva U.Z., Ashalova Kh.Sh., Magomedova A.I. Some issues of the application of compulsory medical measures // Theory and practice of modern science. – 2021. – No. 1 (67). – P. 117.
2. Stepashin V. M. Compulsory measures of a medical nature: a textbook. – Omsk: Omsk State Publishing House. University, 2018. – P. 68.
3. Podushko D. A., Tsepelev V. F. Current issues in the use of compulsory measures of a medical nature // International Journal of Humanities and Natural Sciences. – 2022. – No. 12-1. – P. 231.
CRIMINAL PRINCIPAL LAW
STUPINA Svetlana Alexandrovna
Ph.D. in Law, associate professor, associate professor of Forensic science sub-faculty of the Siberian Fire and Rescue Academy of the EMERCOM of Russia, Zheleznogorsk
POSTNIKOV Mikhail Mikhaylovich
student of the 6th course of the Faculty of Distance learning, specialty “Fire safety” of the Siberian Fire and Rescue Academy of the EMERCOM of Russia, Zheleznogorsk
PREVENTION OF THE COMMISSION OF NEW CRIMES BY PERSONS CONVICTED OF EXTREMIST CRIMES
The article discusses issues related to the prevention and prevention of extremist crimes committed by persons with a criminal record for such attacks. Based on the fact that, due to stable mental views, such persons continue to recruit and improve ways to implement criminal intentions, which negates all efforts to achieve the goals of punishment, the authors propose a number of preventive measures to counter the spread of extremist ideology in institutions of the penal system. The individual personal characteristics of convicts serving sentences for extremist crimes have been studied, which should be taken into account when developing preventive measures.
Keywords: extremist crimes, punishment, convicts, prevention, prevention.
Bibliographic list of articles
1. Stupina S. A. Current state of extremism, terrorism and violent crime in the Siberian Federal District // Criminological realities and prospects of the 21st century: Materials of the Baikal Legal Forum, Irkutsk, September 21-22, 2017. Irkutsk, 2017. pp. 86-94.
2. Sereda I. M., Stupina S. A. Crimes of an extremist nature: figures, realities and legal regulation // Problems of modern legislation in Russia and foreign countries: Materials of the X International Scientific-Practical Conference / Rep. editors A. M. Bychkova, N. V. Keshikova. Volume 1. Irkutsk, 2021. pp. 204-209.
3. Teokharov A.K. On the goals and purpose of penal legislation // Current problems of Russian law. 2016. No. 9 (70). pp. 151-158.
4. Sysoev A. M. Comparative analysis of goal-setting of criminal and penal legislation of the Russian Federation and countries formed in the post-Soviet space // Bulletin of the Mogilev Institute of the Ministry of Internal Affairs. 2020. No. 2. P. 35-40.
5. Antonyan E. A. Features of penal policy in modern society // Bulletin of the University named after. O. E. Kutafina. 2017. No. 7. P. 50-54.
6. GrushinF. V. System of factors determining the development of penal policy and penal legislation: abstract of thesis. dis. … doc. legal Sci. Ekaterinburg, 2019. 44 p.
7. Criminal policy of the Russian Federation: problems and prospects: monograph / S. V. Maksimov, V. L. Shultz, L. B. Alekseeva; ed.: S. V. Maksimov [etc.]; Center for Security Research of the Russian Academy of Sciences. M.: Prospekt, 2021. 824 pp.
8. Kazberov P.N., Spasennikov B.A., Tyunkov V.V. Personality features of those convicted of crimes of a terrorist and extremist nature // All-Russian Criminological Journal. 2019. No. 6. T. 13. P. 921-931.
9. Skobeleva O. O., Eremeeva E. Yu. Basic forms of educational work with persons convicted of crimes of a terrorist nature and extremist nature // Bulletin of the Samara Legal Institute. 2019. No. 5 (36). pp. 139-143.
10. Grishko A. Ya. Features of the execution of punishment in the form of imprisonment in relation to those convicted of extremist crimes // Bulletin of the Kuzbass Institute. 2020. No. 1(42). pp. 29-33.
11. Bukalerova L. A., Kolpakova L. A. Implementation of the goals of criminal punishment in relation to those sentenced to imprisonment for extremism // Penitentiary science. 2023. T. 17. No. 2 (62). pp. 144-152.
12. Foucault M. Supervise and punish. The birth of a prison. M., 1975. 226 pp.
CRIMINAL PRINCIPAL LAW
USTINOV Andrey Nikolaevich
Chief Consultant of the Department for the Protection of Human Rights and Freedoms in Criminal Proceedings and in Places of Forced Detention of the Commissioner for Human Rights in the Irkutsk Region
YAKIMOVA Ekaterina Mikhaylovna
Ph.D. in Law, associate professor, Head of Constitutional and administrative law sub-faculty of the Baikal State University, Irkutsk
PROBLEMS OF ORGANIZATION OF EXAMINATION AND RE-EXAMINATION OF DISABLED CONVICTS IN CORRECTIONAL INSTITUTIONS
The problems of organizing the examination and re-examination of disabled convicts in correctional institutions are a manifestation of the issue of the high-quality implementation by the state of functions for the social protection of disabled people. Using the example of the organization of these procedures, a large range of inconsistencies in the norms of Russian legislation in this area was identified. The imperfection of legislation causes problems in law enforcement practice and causes improper social protection of convicts with disabilities. It was concluded that it is necessary to unify the main by-laws in the analyzed area, bringing departmental orders in line with the basic decree of the Government of the Russian Federation.
Keywords: disabled person, social protection, sad person, medical and sanitary examination, serving a sentence.
Biographical list
1. Sergevnin V. A., Avdeev V. A., Avdeeva O. A. Harmonization of the criminal legal policy of Russia in the sphere of assignment and execution of punishment // Criminological Journal of the Baikal State University of Economics and Law. – 2015. – T. 9. No. 1. – P. 78-93. – DOI: 10.17150/1996-7756.2015.9(1).78-93.
2. Skuratov Yu. I., Churilov S. N., Grudinin N. S. State policy in the field of amnesty and pardon in the Russian Federation: trends and contradictions // Criminological Journal of the Baikal State University of Economics and Law. – 2015. – T. 9. No. 1. – P. 20-27. – DOI 10.17150/1996-7756.2015.9(1).20-27.
3. Sedykh O. G., Kovtun L. R. Problems of creating a barrier-free environment for people with disabilities // Baikal Research Journal. – 2015. – T. 6. No. 4. – P. 23. – DOI 10.17150/2411-6262.2015.6(4).23.
CRIMINALISTICS
ARKHIPOVA Anastasiya Nikolaevna
Deputy Director for Academic Affairs of the Institute of Economics, Management and Law of Irkutsk National Research Technical University
TURKOVA Valentina Nikolaevna
Deputy Director for Educational Work of the Institute of Economics, Management and Law of Irkutsk National Research Technical University
ON THE POSSIBILITY OF TAKING INTO ACCOUNT THE CHARACTERISTICS OF THE VOICE OF THE SUSPECT (ACCUSED) IN THE PROCESS OF HIS IDENTIFICATION
The authors analyze the possibilities of using the features of the voice of the suspect (accused) in the process of his identification by victims. Positive examples from investigative and judicial practice are given. The possibilities of linguistic and forensic psychological examinations for assessing the reliability of identification results are noted. The effectiveness of the creative work of investigators, involving various specialists to expose criminals, is shown.
Keywords: human identification, voice characteristics, information perception, linguistics, forensic psychological examination.
Bibliographic list of articles
1. Ginzburg A. Ya. Identification in investigative, operational-search and expert practice.” – M., 1996. – P. 18-19.
2. Enikeev M.I., Obraztsov V.A., Eminov V.E. Investigative actions: psychology, tactics, technology. – M., 2007. – P. 172-175.
3. Litvak A. G. Psychology of the blind and visually impaired. – St. Petersburg, 2006. – P. 210.
4. Kitaev N.N., Kitaeva V.N. On the role of touch in the presentation of objects for identification // Russian investigator. – 2009. – No. 21. – P. 6-8.
5. Kuzko A.V. The voice testifies! // Preliminary investigation. Vol. 1 (23). – M., 2014. – pp. 62-66.
6. Bulletin of the Prosecutor’s Office of the RSFSR. – 1989. – No. 4. – P. 14-19.
7. Kitaev N. N. Questions of theory and practice of exposing persons who committed premeditated murder: Dis. …cand. legal Sci. – Irkutsk, 1993. – P. 161.
8. Kitaev N. N., Kitaeva V. N. Expert psychological research in criminal proceedings: problems, practice, prospects. – Irkutsk, 2002. – P. 156.
9. Rodina E. Yu. Tactics of procedural actions with the participation of minors: Author’s abstract. dis. …cand. legal Sci. – St. Petersburg, 2024. – pp. 16-17.
10. Kholopova E. N. Evidentiary value of forensic psychological examination of minor victims in criminal cases // Actual problems of law: scientific. – method. Sat. – Kaliningrad, 2004. – No. 14. Part 2. – P. 60-65.
11. Kitaev N. N., Zabelin A. A. Use of psychological data in the investigation of aircraft hijacking // Legality. – 1996. – No. 8. – P. 16-18.
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
STUPINA Svetlana Alexandrovna
Ph.D. in Law, associate professor, associate professor of Forensic science sub-faculty of the Sibe-rian Fire and Rescue Academy of the EMERCOM of Russia, Zheleznogorsk
CRIMINALISTIC CHARACTERISTICS OF ILLEGAL ARMS TRAFFICKING FROM THE PERSPECTIVE OF CRIMINALISTIC PROVISION OF COMPENSATION TO THE VICTIM OF HARM CAUSED BY A SOURCE OF INCREASED DANGER
The article deals with issues related to the information model, a system of generalized typical factual data, knowledge of which is necessary for the organization of disclosure and investigation of crimes related to illegal arms trafficking, on the correct solution of which the comprehensive and complete protection of the rights of the victim depends, taking into account the fact that weapons at the legislative level are given the status of a source of increased dan-ger. The components of the criminalistic characteristics of illegal arms trafficking, additional to the traditional structure, are proposed. The study is based on a comprehensive analysis of industry legislation, taking into account modern law enforcement practice.
Keywords: forensic characteristics, forensic support, illegal arms trafficking, victim, compensation for harm, source of increased danger.
Bibliographic list of articles
1. Stupina S. A., Yusupova O. A. Some issues of police officers’ responsibility for causing harm as a result of the use of firearms // Bulletin of the Siberian Legal Institute of the Ministry of Internal Affairs of Russia. – 2017. – No. 4 (29). – pp. 45-54.
2. Belyavsky V. S. On the issue of forensic features of the implementation of interim measures to compensate for damage caused by a crime // Scientific research of higher education: a collection of abstracts of reports and communications at the final scientific and practical conference, Tyumen, February 08, 2011. – Tyumen: Tyumen Institute for Advanced Training of Employees of the Ministry of Internal Affairs of the Russian Federation, 2011. – P. 87-88.
3. Belyavsky V.S. On the concept of forensic support for compensation for damage caused by a crime // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2013. – No. 10. – P. 157-160.
4. The state of crime in the Russian Federation // Ministry of Internal Affairs of the Russian Federation: Ministry of Internal Affairs of the Russian Federation: FKU “Main Information and Analytical Center”. – [Electronic resource]. – Access mode: https://mvd.rf/folder/101762 (access date: 03/01/2024).
5. Stupina S. A. Illicit arms trafficking: figures and realities // Eurasian Legal Journal. – 2021. – No. 6 (157). – pp. 396-398.
6. Dolgushina L.V., Stupina S.A. Some features of the current state and dynamics of crime against the backdrop of a pandemic // Eurasian Legal Journal. – 2021. – No. 3 (154). – pp. 333-334.
7. Maremukov R. B. The mechanism of trace formation as an element of forensic characteristicsiki crimes related to illegal trafficking in weapons, ammunition, explosives and explosive devices // Advances in modern science and education. – 2017. – No. 8. – P. 181-184.
CRIMINALISTICS
KRYMOV Vitaliy Alexandrovich
Ph.D. in Law, leading researcher of SIC of the Academy of Management of the MIA of Russia, Moscow
KUSTOV Anatoliy Mikhaylovich
Ph.D. in Law, professor, Chief Researcher of SIC of the Academy of Management of the MIA of Russia, Moscow, Honored lawyer of the Russian Federation
SELYUZHITSKAYA Gulnara Mansurovna
Ph.D. in Law, cycle lecturer of the Center for Professional Training of the MIA of Russia in the Moscow region, Vidnoye-2
ON THE ISSUE OF THE CONTENT OF THE METHODOLOGY FOR INVESTIGATING FRAUDS COMMITTED AGAINST THE ELDERLY
The issues related to the internal content of a private forensic methodology for investigating frauds committed against the elderly are considered, the presence of a set of factors (determinants) determining the content of the developed methodology is revealed, and it is also proven that the degree of significance of these determinants is determined by the current investigative situation.
Keywords: fraud, elderly person, factor, forensic methodology, the content of the methodology.
Bibliographic list of articles
1. Yakimov I. N. Transcript of lectures given at the Faculty of Law of Moscow State University in 1949 // Archive of the Department of Criminalistics of the Faculty of Law of Moscow State University. M. V. Lomonosov. – Moscow, 1949. – 147 p.
2. Forensics: a textbook for universities / T. V. Averyanova, R. S. Belkin, Yu. G. Korukhov, E. R. Rossinskaya; edited by R. S. Belkina. – Moscow: NORMA-INFRA, 1999. – 990 pp.
3. Belkin R. S. Forensics: problems, trends, prospects. From theory to practice. – Moscow: Legal literature, 1988. – 304 p.
4. Kustov A. M., Levchenko O. P. Investigation of murders: forensic theory and practice. – Moscow: Prospekt, 2020. – 240 pp.
5. Volynkin E. N. About some measures to solve crimes committed in past years // Bulletin of the Ufa Legal Institute of the Ministry of Internal Affairs of Russia. – 2019. – No. 4 (86). – pp. 154-159.
6. Ishchenko E. P. On the problem of the quality of preliminary investigation of crimes // Bulletin of the University named after O. E. Kutafin. – 2017. – No. 5. – P. 120-134.
7. Tebiev R. R. Methodology for investigating cruelty to animals: dis. …cand. legal Sciences: 12.00.12. – Moscow, 2022. – 218 p.
8. Kryuchatov I. A. Forensic versions at the initial stage of the investigation // Forensic science and forensic examination: rep. interdepartmental Sat. scientific and scientific method. works – Kyiv, 1971. – P. 15-19.
9. Nugaeva E. D. Features of the investigation of fraud in the provision of occult services: dis. …cand. legal Sciences: 12.00.12. – Rostov-on-Don, 2018. – 269 p.
10. Selyuzhitskaya G. M. Methodology for investigating fraud committed against elderly people: dis. …cand. legal Sciences: 5.1.4. – Moscow, 2023. – 239 p.
CRIMINALISTICS
LONSCHAKOVA Angella Rasitovna
Ph.D. in Law, associate professor of the Academy of Management of the MIA of Russia, Moscow
SEPARATE PROBLEMS OF CRIMINALISTIC PROVISION OF CRIME PREVENTION
The article substantiates the opinion that the main problems of criminalistic crime prevention are in the plane of methodological problems of criminalistic science:
– in substantiating its subject, the role of the subject of criminology in the formation of forensic theories and teachings;
– in the system of currently formed private forensic theories, theories of operational investigative activities, criminological theories, theories of forensic examination and their interrelation;
– in the integration and differentiation of scientific knowledge from related scientific branches of knowledge into forensic science for the purpose of crime prevention.
Criminalistic provision of crime prevention is possible, to a large extent, based on the identification and resolution of methodological problems of its theory.
Unresolved methodological criminalistic problems often give rise to unconstructive scientific and public disputes among crime theorists and practitioners about criminalistic methods, tools, and competencies, which inevitably destabilizes practical activities in the field of protecting individuals, society, and the state from criminal encroachments. While scientists are discussing the subjects of their sciences (the criminal cycle), the criminal world confidently, freely, organized, professionally functions, often with impunity, without fear of exposure and punishment, muffling its call of conscience, having astronomical profits from criminal activities, shedding the blood of peaceful citizens. The tragic events that took place on March 22, 2024 in Russia, which claim dozens of human lives, aim society at an uncompromising revision of the conceptual understanding and available tools in the field of crime prevention.
According to the results of our research, the crime prevention institution needs to be radically reformed. Effective mechanisms of this activity (prevention and prevention of crimes), developed and tested in the period of the 60s – 90s of the XX century, in the structure of operational investigative, forensic, criminal procedural, administrative procedural activities, have undergone significant changes.
Keywords: forensic prevention, methodological problems, effective forensic tools, forensic support, unity of theory and practice, crime prevention, public safety, saving the people of Russia.
Bibliographic list of articles
1. Averyanova T.V. Forensic examination. General theory course. M.: Norma, 2009. 480 pp.
2. Aliev I. A. Problems of expert prevention. Baku, 1991. 311 p.
3. Belkin R. S. Forensic encyclopedia. M.: BEK Publishing House, 1997. 342 pp.
4. Burdanova V. S., Bykov V. M. Victimological aspects of criminology: textbook. Tashkent, 1981. 79 p.
5. Gavrilin Yu. V. Investigation of crimes encroaching on information security in the gray economy: theoretical, organizational, tactical and methodological foundations: dis. … Doctor of Law. M., 2009. 404 pp.
6. Ivanov I.I. Forensic prevention (comprehensive study of genesis, condition, prospects): dis. … Doctor of Law. M., 2004. 418 pp.
7. Kanevsky L. L., Luzgin I. M., Minkovsky G. M. Organization and methods of investigating cases of juvenile crimes: a textbook. M., 1982. 68 p.
8. Kustov A. M. Forensics and the mechanism of crime. A series of lectures (Recommended by the Editorial and Publishing Council of the Russian Academy of Education for use as a teaching aid). M.: Publishing house of the Moscow Psychological and Social Institute; Voronezh: Publishing house NPO “MODEK”. 2002. 304 p.
9. Ozhegov S.I., Shvedova N.Yu. Explanatory dictionary of the Russian language. M.: “AZ”, 1995. P. 572.
10. Rossinskaya E. R., Galyashina E. I., Zinin A. M. Theory of forensic examination: textbook / Ed. E. R. Rossinskaya. M.: Norma: Infra-M, 2011. 384 pp.
11. Lavrov V.P., Luzgin I.M. Method of concealing a crime and its forensic significance. M., 1980.
12. Lonshchakova A. R., Kharisova Z. I. Computer program “Software and analytical complex “Cybercrime”. Certificate of registration of a computer program No. 2020661720 dated September 30, 2020.
13. Lonshchakova A. R., Lonshchakov A. A. Computer program “AUTOPROTOCOL”. Certificate of registration of a computer program No. 2024614431 dated February 26, 2024.
14. Makhtaev M. Sh. Yablokov N. P. Forensic prevention: history of formation, modern problems: monograph. M., 2016. 288 pp.
15. Fridman I. Ya. Forensic examination and issues of preventing certain types of crimes: dis. … Doctor of Law. Sci. M., 1973. 408 p.
CRIMINALISTICS
MALTSEVA Svetlana Nikolaevna
Head of Criminal Law and humanitarian disciplines sub-faculty of the Branch of the S. Yu. Witte Moscow University in Ryazan
SULEYMANOV Talyat Alievich
associate professor of Criminal process and criminalistics sub-faculty of the Academy of the FPS of Russia, Ryazan, associate professor of Criminal Law and humanitarian disciplines sub-faculty of the Branch of the S. Yu. Witte Moscow University in Ryazan
THE INITIAL STAGE OF THE INVESTIGATION OF FRAUD IN THE FIELD OF IT TECHNOLOGIES
One of the features of the investigation of fraud using computer information is that typical traces of a crime should be searched for in computer devices and on the Internet, these traces are virtual in nature, their detection, seizure and subsequent research involves the involvement of a computer information specialist in the investigation of a criminal case. In this category of cases, a computer-technical examination (CTE) is mandatory to detect traces of a crime. The results of the examination form the basis of the evidence base for this category of cases. At the same time, the information security measures taken are not able to prevent fraud in the field of computer information.
Keywords: fraud in the field of computer information, investigation of a criminal case, computer-technical expertise (CTE), the initial stage of the investigation, the production of investigative actions.
Bibliographic list of articles
1. Kolominov V.V. Fraud in the field of computer informationrations: forensic aspect // Baikal Research Journal. – 2015. – No. 6 (1). – P. 26.
2. Zhizhina M.V., Zavyalova D.V. Initiation of a criminal case based on a crime in the field of computer information: Russian and foreign experience // Current problems of Russian law. – 2021. – T. 16. No. 12. – P. 162.
3. Egereva O. A., Kolominov V. V., Sizova M. S. Some questions of methods for investigating cybercrimes. Siberian criminal procedural and forensic readings. – 2018. – No. 4 (22). – P. 25.
4. Smolina A. R. Methodological and algorithmic support for the production of computer and technical expertise. dis. …Ph.D. – Tomsk, 2017. – P. 17.
5. Levchenko E. M., Korneva A. A. Computer and technical expertise: subject, object and tasks // Bulletin of Science. – 2023. – No. 3 (5 (62)). – P. 406.
6. Puptseva A.V., Kurin A.A. Methodology for investigating fraud: a textbook. – Volgograd: VA Ministry of Internal Affairs of Russia, 2022. – P. 35.
CRIMINALISTICS
PONOMAREV Vitaliy Evgenjevich
senior lecturer of Criminalistics and legal informatics sub-faculty of the Faculty of Law of the A. A. Khmyrov Kuban State University, Krasnodar
SOURCES OF ELECTRONIC (DIGITAL) INFORMATION
The article discusses the advantages of an electronic storage medium, approaches to its measurement, as well as the disadvantages of points of view and provision of electronic evidence. Smartphones and computers are considered as complex electronic storage media, as well as Internet sites that contain electronic information, but do not consider the electronic storage media. A new source of electronic (digital) information is proposed.
Keywords: electronic evidence, electronic storage medium, information, identifying evidence, securing evidence, Internet, smartphone, computer, electronic source of information, digital source of information.
Bibliographic list of articles
1. Sokolov Yu. N. Information technologies and circulation of digital data in forensic science: questions of theory and practice: dis. … doc. legal Sciences: 5.1.4. – Ekaterinburg, 2023.
2. Gavrilin Yu. V. Electronic media in criminal proceedings // Proceedings of the Academy of Management of the Ministry of Internal Affairs of Russia. – 2017. – No. 4 (44).
3. Digital forensics: a textbook for universities / V. B. Vekhov [et al.]; edited by V. B. Vekhov, S. V. Zuev. – 2nd ed., revised. and additional – Moscow: Yurayt Publishing House, 2024.
4. Vekhov V. B. Electronic evidence: problems of theory and practice // Legal order: history, theory, practice. – 2016. – No. 4 (11).
5. Vasyukov V.F., Kolycheva A.N. Inspection and fixation of pages of an Internet site on the Internet // Bulletin of Economic Security. – 2019. – No. 1.
6. Ozhegov S.I. Explanatory dictionary of the Russian language. – M.: Peace and Education, Onyx, 2011.
7. Belkin A. R. Theory of evidence in criminal proceedings in 2 hours. Part 1: textbook for universities. — 2nd ed., rev. and additional – Moscow: Yurayt Publishing House, 2024.
8. Fatkullin F. N. General problems of procedural proof. 2nd add. ed., – Kazan: Kazan University Publishing House, 1976.
9. Rossinskaya E. R. On the issue of the private theory of information and computer support for forensic activities // News of Tula State University. – Economic and legal sciences. – 2016. – No. 3-2.
CRIMINALISTICS
SVETLICHNY Alexander Alexeevich
Ph.D. in Law, associate professor, Head of Forensic examination and customs affairs sub-faculty of the Tula State University
DETERMINISTIC FOUNDATIONS OF THE FORMATION OF A UNIFIED INTERSCIENTIFIC TERMINOLOGICAL SPACE OF CRIMINAL LAW SCIENCES
Terminology issues have always aroused increased interest among researchers, many scientists traditionally give them a special place in their scientific works, since the issues of the language of science are fundamental, determining the degree of development of its methodology, and reflect important development trends. The development of the conceptual apparatus of science always takes place in parallel with its general formation. It is by the degree of formation of the terminological apparatus that one can judge the level and further prospects of the development of science in general. In this work, the author attempts to study the deterministic foundations of the formation of a unified interscientific terminological space of criminal law sciences.
The author believes that using the tools of determinism as a philosophical doctrine of universal certainty, conditionality, and mutual connectivity of all phenomena and processes in the world allows us to visually show many processes that explain the patterns of formation of the basic interscientific terminology of criminal law scienceces. In particular, applying the concepts developed by determinism, some issues of the development and formation of interconnection and interdependence of terminology of individual criminal law sciences with a single goal – combating crime are considered.
When writing the article, the fundamental principles of materialistic dialectics were used, as well as general and particular methods of scientific cognition, including historical and comparative legal, logical and philosophical, generalizations, descriptions and others.
The scientific and practical significance of this work is determined by the provisions and conclusions formulated in it regarding the role and significance of determinism in the formation of a unified inter-scientific terminological space of criminal law sciences.
Keywords: terminology, determinism, criminology, criminal law sciences, terminological apparatus, methodology of science, unification of terms, language of science.
Bibliographic list of articles
1. Permyakov A. L. Determinism in criminology, mechanism as one of the common forms of determinism // Bulletin of the Ural Law Institute of the Ministry of Internal Affairs of Russia. 2021. No. 4. P. 77-80.
2. Zhigarev E. S., Petukhov V. I. Philosophy of criminology. M., 2006.
3. Pimanov A. S. Determinism and the problem of the relevance of the future // News of Saratov University. New episode. Series: Philosophy. Psychology. Pedagogy. 2022. T. 22. Issue. 3. pp. 267-271.
4. Wheatherford R. The implications of determinism. New York: Routledge library editions: Free will and determinism. 2017. Vol. 8.288 p.
5. Derkach V.V. The role of the principle of determinism in the knowledge of modern social processes // Bulletin of USPTU. Science, education, economics. Series: Economics. 2016. No. 2. P. 155-158.
6. Ploug T., Ohrstrom P. Branching time, indeterminism and tense logic // Synthese. Dordrecht: Springer, 2012. P. 367-379.
7. Bunge Mario. Causality: the place of the principle of causality in modern science / Mario Bunge; lane from English; total ed. and closing Art. G. S. Vasetsky. – 2nd ed. M.: Editorial URSS, 2010. 512 p.
8. Rovnova S. A. The principle of social determinism in domestic philosophy // News of Saratov University. New episode. Series Sociology. Political science. 2008. T. 8. P. 7-10.
9. Popper K. Logic of scientific research / K. Popper; lane from English; under general ed. V. N. Sadovsky. M.: Republic, 2005. 447 pp.
10. Trubitsin D.V. Cultural determinism in the concept of modernization: philosophical and methodological analysis // Questions of Philosophy. 2009. No. 8. P. 30-85.
11. Ivanov V. G., Lezgina M. L. Determination of scientific search. L.: Nauka, 1978. 205 pp.
12. Poincaré A. About science. Per. from French/Ed. L. S. Pontryagina. – 2nd ed., erased. M.: Science. Ch. ed., Phys.-Math. lit., 1990. 736 pp.
13. Balabanov P. I., Kokhanova O. V. Sociocultural determinism in knowledge // Bulletin of the Kemerovo State University of Culture and Arts. 2014. No. 29. pp. 89-93.
14. Karpenko A. S. Fatalism and chance of the future: Logical analysis. M.: LENAND, 2019. 216 pp.
15. Pimanov A. S. Determinism and the problem of the relevance of the future // News of Saratov University. New episode. Series: Philosophy. Psychology. Pedagogy. 2022. T. 22. Issue. 3.
16. Golbach P. System of nature // Golbach P. Izbr. Op.: in 2 volumes. T. 1. M.: Mysl, 1963.
17. Svetlichny A. A. Modern integration processes of the terminological apparatus of criminal law sciences // News of Tula State University. Economic and legal sciences. 2022. No. 1. P. 102-113.
18. Svetlichny A. A. Genesis and some modern trends in the formation of the terminological apparatus of criminology // Bulletin of the Belgorod Legal Institute of the Ministry of Internal Affairs of Russia named after I. D. Putilin. 2023. No. 2 (53). pp. 69-74.
19. Svetlichny A. A. Some problems of correlation and unification of terms of criminal procedure and criminology as components of a single terminological field // News of Tula State University. Economic and legal sciences. 2021. No. 3. P. 98-105.
20. Panarina D.V., Svetlichny A.A. Modern directions in the development of terminology in forensic expertology: Scientific and methodological manual. Tula: Tula State University Publishing House, 2023. 157 pp.
21. Tsereteli T.V. Causality in criminal law. M., 1963. 382 pp.
22. Zhalinsky A. E. Criminal law in anticipation of change: theoretical and instrumental analysis. 2nd ed., revised. and additional M., 2016.
23. Svetlichny A. A. Formation, current state and some trends in the development of the terminological apparatus of criminology // Collection of articles based on the materials of the International scientific and practical conference “Current issues of law enforcement”, dedicated to the memory of the prosecutor of the Kazakh SSR Utegen Seitovich Seitov / Kosshy: Academy of Law Enforcement Agencies at the General Prosecutor’s Office of the Republic of Kazakhstan. 2022. pp. 92-98.
24. Pudovochkin Yu. E., Babaev M. M. Modern rule-making as the basis for the formation of a new theory of criminalization // Lex russica. 2023. T. 76. No. 1. P. 110-125.
25. Svetlichny A. A. Integration of terminological models of related disciplines of the criminal law block into a single terminological system // Business. Education. Right. 2022. No. 2 (59). pp. 146-150.
26. Svetlichny A. A. Patterns of formation and development of domestic legal terminology // In the collection: Improving legislative and law enforcement practice in the field of criminal law sciences in modern conditions: debatable issues. International scientific and practical conference. 2022. pp. 342-350.
27. Svetlichny A. A. The place and role of the terminology of the theory of operational investigative activity in the system of the terminological apparatus of the process of investigation and detection of crimes // Bulletin of the East Siberian Institute of the Ministry of Internal Affairs of Russia. 2022. No. 4 (103). pp. 247-258.
CRIMINALISTICS
KHASNUTDINOV Renat Rafailjevich
Ph.D. in Law, associate professor, associate professor of Organization of combat sub-faculty of the Samara State University of Economics
MESHCHERYAKOVA Tatyana Viktorovna
senior lecturer of State and legal disciplines sub-faculty of the Samara Law Institute of the FPS of Russia
KULESHOV Nikita Sergeevich
postgraduate student of the 1st course of the Samara State University of Economics
ON THE ISSUE OF THE SPECIFICS OF THE PRODUCTION OF VERBAL INVESTIGATIVE ACTIONS IN THE INVESTIGATION OF MEDIATION IN BRIBERY
The article analyzes the provisions of the domestic regulatory framework and legal doctrine on the specifics of the production of verbal investigative actions in the investigation of crimes. The opinions and approaches of the authors are studied, the problems of theoretical and applied nature on the stated topic are identified, the author’s methods and methods of their resolution in the foreseeable future are presented.
Keywords: investigative actions, criminal proceedings, forensic tactics, methods of investigating crimes, interrogation, confrontation.
Bibliographic list of articles
1. Rossinsky S. B. Conceptual foundations for the formation of the results of “verbal” investigative and judicial actions in proving a criminal case: abstract. dis. … doc. legal Sciences: 12.00.09. – M., 2015. – P. 23.
2. Ignatiev M. E. Forensic theory and practice of establishing cause-and-effect relationships in the investigation of crimes: abstract. dis. … doc. legal Sciences: 12.00.12. – Rostov-on-Don, 2021. – P. 26.
3. Aksenova L. Yu. Tactical and psychological aspects of interrogation // Psychopedagogy in law enforcement agencies. – 2019. – No. 1 (76). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/takticheskie-i-psihologicheskie-aspekty-doprosa (date of access: 03.14.2024).
4. Popov A. A. Obtaining explanations and testimony in criminal proceedings of the Russian Federation: results of a comparative study of pre-trial proceedings: abstract. dis. …cand. legal Sciences: 12.00.08. – M., 2015. – P. 30.
5. Zhuravkov I. A. Theory and practice of using tactical techniques when conducting verbal investigative actions // Modern science. – 2019. – No. 3. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/teoriya-i-praktika-primeneniya-takticheskih-priemov-pri-provedenii-verbalnyh-sledstvennyh-deystviy (date of access: 03/14/2024).
6. Belokobylskaya O. I. Specifics of the production of individual investigative actions in the investigation of bribery // Tauride Scientific Observer. – 2015. – No. 2-3. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/spetsifika-proizvodstva-otdelnyh-sledstvennyh-deystviy-pri-rassledovanii-vzyatochnichestva (date of access: 03.14.2024).
CRIMINALISTICS
USHCHEKIN Stanislav Nikolaevich
adjunct of the 3rd Faculty (Training of Scientific and Scientific-Pedagogical Personnel) of the Academy of Management of the MIA of Russia
TYPOLOGY OF PERSONALITY OF VICTIMS OF THEFT COMMITTED USING ELECTRONIC MEANS OF PAYMENT
The article examines the features of victim behavior of victims of thefts committed using electronic means of payment. Taking into account the analysis of law enforcement practice, connections were identified between the victim of the crimes in question and the identity of the criminal (family, household, work connections, professional crime), which made it possible to propose a typology of victims of thefts committed using electronic means of payment.
Keywords: theft,electronic means of payment, crime victim, victim.
Bibliographic list of articles
1. Leletova M.V. Prevention of victimization // Investigator. – 2007. – No. 4. – P. 42-45.
2. The Criminal and his Victim. Studies in the Sociobiology of Crime: By Hans von Hentig. – New Haven: Yale University Press, 1948. – 461 p.
3. Yesayan A.K., Truntsevsky Yu.V. Victimology: corrige praetertum, praesens rege, cerne futurum. – M.: Moscow Humanitarian University, 2021. – 264 p.
CRIMINALISTICS
KAMALOV Maxim Rustemovich
adjunct of the 3rd course of the correspondence courses of the V. Ya. Kikot Moscow University of the MIA of Russia
IDENTIFICATION OF PERSONS WHO COMMITTED THEFTS AT RETAIL ENTERPRISES
Forensics is one of the disciplines of criminal law sciences. Knowledge of criminology is an essential part of the professional training of future law enforcement officers, since when investigating crimes in a criminal case, the person investigating the crime seeks to streamline their activities in a certain way, including through knowledge and use of the patterns of and analysis of the consequences of illegal acts. crimes. It is necessary for everyone, without exception, to know the basics of criminology: in the work of bodies carrying out operational investigative activities, various electronic devices, video and audio equipment and other special devices are also often used, without which it may be impossible to obtain data allowing to initiate a criminal case. One of the main tasks of criminology is the development and improvement of crime investigation techniques. Traditionally, the structure of a private crime investigation methodology consists of forensic characteristics, circumstances to be established, features of initiating a criminal case, investigative situations, features of tactics of initial and subsequent investigative actions. This article discusses the features of identifying persons who committed thefts at retail enterprises. During the study, an analysis of forensic investigative practice was carried out. Versions have been identified about the circle of people among whom the unknown criminal may be.
Keywords: theft, retail enterprises, identification of persons, law enforcement officer, source of information, method of committing a crime, similar crimes, minors, settlement plan.
Bibliographic list of articles
1. Bolshakov A.P. On the issue of searching for criminals as one of the important areas of activity of law enforcement agencies in ensuring the security of citizens and the state at the present stage // Modern problems of science and education. – 2014. – No. 1. [Electronic resource]. – Access mode: http://www.science-education.ru/115-11627 (access date: 03/20/2024).
2. Gavrilov B. Ya. Solution of crimes – questions of theory and practice // Problems of solving unsolved crimes of past years: interuniversity materials. scientific seminar. – M., 2008. – 221 p.
3. Kuleeva I. Yu., Mazunin I. Yu. Legal regulation and forensic support for the investigation of unsolved crimes of past years [Text]: monograph. – Moscow: Yurlitinform, 2013. – 231 p.
4. Robozerov V. F. Organization of detection of thefts of personal property of citizens. Author’s abstract. dis. …cand. legal Sci. – Minsk, 1979. – 178 p.
5. Reshnyak M. G. Activities of the investigator and the investigative body in searching and establishing the location of the accused: dis. … Ph.D. – M., 1998. – 165 p.
CRIMINOLOGY
MINKOVA Elena Anatoljevna
Ph.D. in Law, associate professor, associate professor of Management and organization of UIS activities sub-faculty of the Academy of the FPS of Russia
LEGAL FRAMEWORK FOR ANTI-CORRUPTION IN PUBLIC ADMINISTRATION
The article is devoted to the analysis of the legal framework for combating corruption, which underlies the application of political, economic, organizational and other measures to combat these negative phenomena. The adoption at the state level of regulatory legal acts, as well as various programs and plans to combat corruption, confirms the relevance of this problem at the present stage of development of our state, however, the implementation of the above norms and plans calls into question their effectiveness. Moreover, the prevalence of corruption, both at the level of government and everyday life, unfortunately, is not decreasing, but is growing, which emphasizes the need to strengthen legal support for anti-corruption activities. Based on the analysis, the author proposed his own proposals for increasing the effectiveness of measures to prevent corruption in the public administration system.
Keywords: corruption, anti-corruption, legal framework, anti-corruption measures, anti-corruption policy, public administration.
Bibliographic list of articles
1. Former head of the Federal Penitentiary Service Reimer was released on parole. – [Electronic resource]. – Access mode: https://dzen.ru/a/XlUKkrUB9G1FutbI (date of access: 04/1/2024).
2. What is known about the criminal case of Alexey Ulyukaev. – [Electronic resource]. – Access mode: https://tass.ru/info/14513983?ysclid=lugmsi2dps475417721 (date of access: 04/1/2024).
3. The Russian Investigative Committee analyzed the practice of investigating corruption crimes in the Russian Federation. – [Electronic resource]. – Access mode: https://sledcom.ru/news/item/1417917/ (date of access: 04/1/2024).
4. Minkova E. A. Determination of corruption-related crimes in the penal system // Eurasian Legal Journal. – 2022. – No. 5 (168). – pp. 382-383.
5. Minkova E. A. Corruption as a social phenomenon: essence, genesis and ways to solve the problem // Eurasian Legal Journal. – 2023. – No. 8 (183). – pp. 92-93.
CRIMINOLOGY
NEKRASOV Alexander Petrovich
Ph.D. in Law, professor of Professional disciplines sub-faculty of the Samara Law Institute of the FPS of Russia
THEORETICAL AND LEGAL ANALYSIS AND OPPOSITION TO CRIMINAL ACTS THAT UNDERMINE THE CONSTITUTIONAL AND STATE SYSTEM OF THE RUSSIAN FEDERATION: DOCTRINE, POLITICS, SOCIAL PHENOMENON, WAYS OF OVERCOMING
In the author’s work, the thinker made a selection of materials on a number of particularly dangerous crimes that encroached on the constitutional and state system of Russia, on the foundations of society. This is a whole group of crimes aimed at destroying national traditions, cultural characteristics, religion, ethnic relations, inciting hatred or enmity in interethnic relations, which have historically been firmly established in our state. We are talking about such crimes as carrying out terrorist acts, public calls for extremist activities, rehabilitation of Nazism, drug smuggling, etc.
Keywords: extremist activity, justification of Nazism, Internet crimes and selection of accomplices, illegal arms trafficking, Ukraine, explosions and arson in Russia, counteraction measures, special military operation.
Bibliographic list of articles
1. Nekrasov A.P., Karlov V.P. Face to face with extremism and radicalism // Bulletin of the Volga University named after V.N. Tatishchev. – 2021. – No. 2. Volume 1.
2. Criminal Code of the Russian Federation ed. – “Eksmo”, 2023. – Art. 205-205.6 of the Criminal Code of the Russian Federation.
3. Decree of the President of the Russian Federation of March 11, 2019 No. 97 “On the Fundamentals of State Policy of the Russian Federation in the field of ensuring chemical and biological safety for the period until 2025 and beyond.”
4. Criminal Code of the Russian Federation ed. – “Eksmo”, 2023. – Art. 354-1 of the Criminal Code of the Russian Federation.
CRIMINOLOGY
POPOV Alexey Nikolaevich
lecturer of Special disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, Simferopol, major of police
LAZAREV Vladimir Yurjevich
lecturer of Tactical and special training sub-faculty of the Voronezh Institute of the MIA of Russia, major of police
BUZHSKIY Andrey Andreevich
lecturer of Tactical and special training sub-faculty of the Rostov Law Institute of the MIA of Russia, captain of police
IVANOV SERGEY Ivanovich
lecturer of the cycle of the Ufa School for Training Dog Handlers of the MIA of Russia, major of police
VICTIMOLOGICAL CHARACTERISTICS OF VICTIMS OF TELEPHONE FRAUD
This article analyzes the identity of the victim of telephone fraud. The authors analyze in detail the factors influencing the vulnerability of potential victims, including their psychological characteristics and social environment.
The article identifies typical signs and characteristics of victims of telephone fraud, such as age, education, psychological vulnerability and social isolation.
In conclusion, the article offers practical recommendations for protection against telephone fraud, including the interaction of prevention subjects, raising awareness of threats and taking precautionary measures.
Keywords: victimological characteristics, fraud, telephone fraud, crime victim.
Bibliographic list of articles
1. Meshkova N.V., Kudryavtsev V.T., Enikolopov S.N. Towards a psychological portrait of victims of telephone fraud // Bulletin of Moscow University. Episode 14. Psychology. – 2022. – No. 1. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/k-psihologicheskomu-portretu-zhertv-telefonnogo-moshennichestva (access date: 29.03.2024).
2. Petryakova L. A. Prevention of fraud in the banking sector // All-Russian Criminological Journal. – 2023. – No. 4. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/preduprezhdenie- moshennichestv-v-bankovskoy-sfere (date of access: 03.27.2024).
3. Repetskaya A. L., Petryakova L. A. Victimological characteristics of fraud in the banking sector (based on materials from the Siberian Federal District) // All-Russian Criminological Journal. – 2022. – No. 4. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/viktimologicheskaya-harakteristika-moshennichestv-v-bankovskoy-sfere-po-materialam-sibirskogo-federalnogo-okruga (date of access: 03/27/2024).
4. Yaroslavtseva I.V., Dorokhina S.A. Critical thinking of elderly people – victims of fraudulent actions: theoretical and applied aspects of research // News of Irkutsk State University. Series: Psychology. – 2016. – No. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kriticheskoe-myshlenie-pozhilyh-lyudey-zhertv-moshennicheskih-deystviy-teoreticheskiy-i-prikladnoy-aspekty-issledovaniya (date of access: 03/29/2024).
CRIMINOLOGY
SVINAREV Sergey Viktorovich
senior lecturer of Special disciplines sub-faculty of the Volgodonsk branch of the Rostov Law Institute of the MIA of Russia
ASTAKHOV Ivan Pavlovich
lecturer of Management and administrative activities sub-faculty of the Belgorod Law Institute of the MIA of Russia
THE CONCEPT AND FEATURES OF CYBERSECURITY AS AN OBJECT OF ADMINISTRATIVE AND LEGAL PROTECTION
One of the priority directions for the development of our country at its modern historical stage is the development of the information society. Measures to implement this step include the active introduction of information and communication technologies and the development of cyber space. The transfer of part of public relations into cyberspace has a number of advantages, in particular, it helps to increase the openness and transparency of the activities of public authorities, the efficiency and effectiveness of their interaction among themselves and with representatives of the public and the international community. However, at the same time, the rapid development of information technologies, information and telecommunications tools, systems and networks is also characterized by significant negative aspects, in particular the emergence of a new area for crime to flourish.
Keywords: information security, cybersecurity, support, integrated use, operation, security, information space.
Bibliographic list of articles
1. Decree of the President of the Russian Federation dated December 31, 2015 No. 683 “On the National Security Strategy of the Russian Federation.”
2. Kukeev A.K. Problems of administrative and legal support of human cybersecurity on the Internet // Current problems of administrative and administrative procedural law (Sorokin Readings): Collection of articles based on the materials of the international scientific and practical conference, St. Petersburg, March 24, 2023 of the year / Under the general editorship of A. I. Kaplunov, comp.: A. I. Kaplunov, A. O. Drozd, N. M. Kramarenko, E. Kh. Mamedov. – St. Petersburg: St. Petersburg University of the Ministry of Internal Affairs of the Russian Federation, 2023. – P. 115-122.
3. Redkous V. M. Administrative and legal aspects of legislative support for cybersecurity in the CIS member states // Bachilov Readings: Materials of the Fourth International Scientific and Practical Conference, Moscow, February 05-06, 2022 / Rep. ed. T. A. Polyakova, A. V. Minbaleev, V. B. Naumov / Institute of State and Law of the Russian Academy of Sciences. – Saratov: Limited Liability Company “Amirit”, 2022. – P. 303-311.
4. Borisenko A. V. The concept of cybersecurity. Cybersecurity of government agencies // Current problems of development of economic, financial and credit systems: collection of materials of the X International Scientific and Practical Conference, Belgorod, September 15, 2022. – Belgorod: Belgorod State National Research University, 2022. – P. 297-299.
CRIMINOLOGY
STRAMILOV Stanislav Yurjevich
postgraduate student of the 2nd course of the International Faculty of Law and Business of the Trans-Baikal State University, Chita
ALCOHOLIZATION OF THE POPULATION AS A CAUSE OF MURDERS IN THE SPHERE OF FAMILY AND HOUSEHOLD
The scientific article reveals the causes of domestic homicides from the point of view of alcoholization of the population. The causal links between alcohol consumption and the commission of domestic murders are manifested in an increase in the level of aggression, loss of self-control, and blunting of fear of possible consequences. The revealed links between alcohol consumption and homicides require improvement of preventive measures. Based on the identified problems, the author suggests possible ways to improve the prevention of domestic homicide.
Keywords: domestic crimes, murders in the family and household sphere, alcohol, alcoholization of the population, measures to prevent murder in the sphere of family and household relations.
Bibliographic list of articles
1. The concept of public safety in the Russian Federation: [from 11/14/2013] No. Pr-2685 // ConsultantPlus: Reference and legal system. [Electronic resource]. – Access mode: https://www.consultant.ru/ (date of access: March 01, 2024).
2. Summary statistical information on the state of criminal records in Russia for 2015-2022 // Judicial Department of the Supreme Court of the Russian Federation. [Electronic resource]. – Access mode: http://www.cdep.ru/index.php?id=79&item=7649 (date of access: March 01, 2024).
3. Official statistics of the Federal Service for Control of Alcohol and Tobacco Markets // Official website of Rosalkogolregulirovaniya. [Electronic resource]. – Access mode: https://fsrar.gov.ru/statisticheskaja_informacija (date of access: March 01, 2024).
4. Govorin N.V., Sakharov A.V., Gaymolenko A.S. Alcohol factor in criminal aggression and auto-aggression. – Chita: Publishing house “Ivan Fedorov”, 2009. – P. 61.
5. Sobolnikov V.V. Criminal psychology: a textbook for universities / V.V. Sobolnikov. – 2nd ed., revised. and additional – Moscow: Yurayt Publishing House, 2024. – P. 134.
6. Mullakhmetova N. E. State of intoxication of a crime victim: legal and victimological aspects. [Electronic resource] – Access mode: https://cyberleninka.ru/article/n/sostoyanie-opyaneniya-zhertvy-prestupleniya-pravovye-i-viktimologicheskie-aspekty (date of access: 03.24.2024).
CRIMINOLOGY
TAILOVA Aisha Gabibovna
Ph.D. in Law, associate professor of Legal disciplines sub-faculty of the North Caucasus Institute of the All-Union State University of Justice (RLA of the Ministry of Justice of Russia), branch in Makhachkala
NASIMOV Ullubiy Shamiljevich
magister student of the 2nd course of the North Caucasus Institute of the All-Union State University of Justice (RLA of the Ministry of Justice of Russia), branch in Makhachkala
ABAKAROVA Bika Gadzhishamkhalovna
lecturer of the 1st category of the Law College of the North Caucasus Institute of the All-Union State University of Justice (RLA of the Ministry of Justice of Russia), branch in Makhachkala
CAUSES AND CONDITIONS THAT GIVE RISE TO MERCENARY AND SELF-SERVING VIOLENT CRIME IN THE TERRITORY OF DAGESTAN
The study of the factors that motivate people to crime is a fundamental task for specialists in the field of criminology. The increase in crime in society is due not only to the criminal atmosphere, but also to the insufficient effectiveness of State policy to counter it.
Dagestan, as one of the constituent entities of Russia, is witnessing an increase in crimes of a mercenary and self-serving and violent nature, caused by various factors of the Economic, Social and Political Nature. In our view, one of the reasons for this category of crime is the inadequacy of the organization and management plan in cases of violations of property rights, which creates serious obstacles to the development of a modern economy in the Republic.
The analysis of criminal acts of a self-serving and self-serving violent nature, taking into account the peculiarities of their manifestation, makes it possible to identify the reasons that contribute to their commission. This will make it possible to assess the prospects of influence of investigative determinants on prevention of mercenary and mercenary-violent crime in the territory of the republic of Dagestan.
Keywords: mercenary crime, mercenary-violent crime, causes of crime, peculiarities of republic, analysis of practice, prevention.
Bibliographic list of articles:
1. Andryushenkova O. M. Determinants of committing certain types of crimes // Innovative education and economics. 2016. No. 22. P. 69.
2. Brazhnikov D. A., Goncharova, M. V., Chislov, A. I. Criminological assessment of certain types of crimes in the economic sphere. D. A. Brazhkin and others // Bulletin of the East Siberian Institute of the Ministry of Internal Affairs of Russia. 2017. No. 3 (82). pp. 9-22.
3. Prozumentov L.M., Shesler A.V. General social determinants of crime // All-Russian Journal of Criminology. 2018. No. 1. P. 104-106.
4. Yuzikhanov E. G. Search and analysis of the causes of crime // Legal science and law enforcement practice.2017. No. 4. P. 45-49.
CRIMINOLOGY
BOROEV Alexander Vladimirovich
postgraduate student of Criminal law and criminology sub-faculty of the Institute of Justice of the Baikal State University, Irkutsk
EXTREMIST MOTIVE FOR COMMITTING MURDER DURING A SPECIAL MILITARY OPERATION IN UKRAINE
In the current criminological reality, the fight against extremism, which undermines national security, the safety of the individual and society, sovereignty, and territorial integrity, is of particular importance. The state’s response to this challenge in the legislative sphere is noted. This article analyzes murder motivated by political, emotional, racial, national or religious hatred or enmity, or motivated by hatred or enmity against any social group in the context of the ongoing Special Military Operation in Ukraine. The reasons for the increase in the number of registered extremist crimes, as well as registered murders and attempted murders (Articles 30, 105, 106, 107 of the Criminal Code of the Russian Federation) in 2021-2023 are analyzed. Features and determinants are noted, and the main directions of combating this type of crime are identified.
Keywords: murder, extremism, warning, criminological characteristics, extremist motive, special military operation, military conflict.
Bibliographic list of articles
1. Vorontsov S. A. The concept of extremism and its essential features // Philosophy of Law. – Rostov-on-Don: Publishing house Rost. legal Institute of the Ministry of Internal Affairs of Russia, 2007, No. 4. – P. 65-71.
2. Bosholov S.S. Criminological view of events in Ukraine // Problems of modern Russian legislation: materials of the IV All-Russian. scientific-practical Conf., Irkutsk, September 11. 2015 – Irkutsk, 2015. – pp. 325-333.
3. Borozdin A. N. Extremism and terrorism as socio-political phenomena: history and modernity // Countering extremism and terrorism: philosophical, sociological and political aspects: materials of the II All-Russian. scientific-practical conf., Krasnodar, 06 Nov. 2015 – Krasnodar, 2015. – pp. 85-90.
4. Borozdin A. N. The essence of extremism as a socio-political phenomenon // Social and Humanitarian Review – 2019. – No. 4 – pp. 10-15.
5. Akimova A. N. Problematic aspects of countering extremism on the Internet // Science through the prism of time. – 2022. – No. 5 (62). – pp. 32-34.
6. Butenko A. S. Extremism on the Internet: concept and essence // Lawyer – Lawyer. – 2019. – No. 2 (89). – pp. 57-61.
7. Nemtsova N. A. Causal complex of extremist crimes among youth // International Journal of Humanities and Natural Sciences. – 2020. – No. 5-4 (44). – pp. 112–116.
LAW ENFORCEMENT AUTHORITIES
ABAEV Nauryz Borisovich
lecturer of special technical training sub-faculty of the North-Caucasian Advanced Training Institute (branch) of the Krasnodar University of the MIA of Russia, lieutenant colonel of police
ISSUES OF THE FUNCTIONALITY OF ADMINISTRATIVE ACTIVITIES OF THE POLICE
Administrative activity is inherent in all public authorities. It is part of the management system, due to which one integral structure of public administration is formed. Each government body is its component part and has its own government and administrative powers. Thus, not only the Ministry of Internal Affairs carries out administrative activities. Other government structures are also involved in the administrative-legal sphere, with which the Ministry of Internal Affairs often has something in common. If we consider administrative activity from the point of view of law enforcement work, then it is expressed in the activities of the police. The latter can exercise direct administrative measures, for example, force someone to comply with the legal requirements of police officers, and counteract offenses, including administrative ones.
Keywords: administrative activities of the police, crime prevention, organization of law and order, security, patrolling, principle of legality.
Bibliographic list of articles
1. Federal Law “On Police” dated 02/07/2011 No. 3-FZ. – [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_110165/?ysclid=ltesvdvytf709019961.
2. Gorokhov N. A. Application of the coercion method in the administrative activities of the police // In the collection: Current issues of sustainable development of modern society and economy. collection of scientific articles of the 2nd All-Russian Scientific and Practical Conference. – Kursk, 2023. – pp. 241-245.
3. Kostennikov M.V., Kurakin A.V., Abdurakhmanov A.A. On the issue of functionality and principles of administrative activities of the police // All-Russian BulletinInstitute for Advanced Training of Employees of the Ministry of Internal Affairs of the Russian Federation. – 2022. – No. 3 (63). – pp. 46-55.
4. Kurakin A.V. Once again about the legality in the application of administrative coercion measures in police activities // Law and Politics. – 2023. – No. 12. – P. 35-46.
5. Petrova E. A., Ponomareva O. M. Administrative activities of the police – the main function of ensuring law and order in Russia // In the collection: Administrative and legal regulation of law enforcement activities: theory and practice. Materials of the International Scientific and Practical Conference. Editorial Board: K. D. Rydchenko, A. G. Bely, A. D. Abramkin [and others]. – Krasnodar, 2023. – pp. 223-228.
LAW ENFORCEMENT AUTHORITIES
VYSHTIKALYUK Vladimir Fedorovich
associate professor of Fire training sub-faculty of the Omsk Academy of the MIA of Russia
MUZAFIN Ruslan Rayanovich
Deputy Head of Fire and tactical special training sub-faculty of the Ufa Law Institute of the MIA of Russia
KOPYLOV Ivan Alexeevich
lecturer of Fire training sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk
WAYS TO IMPROVE THE SHOOTING TRAINING OF INTERIOR MINISTRY EMPLOYEES
The article discusses ways to improve the shooting training of Interior Ministry employees. It is noted that at the initial stage of training, individual skills and their automation are important, but without further improvement in real or simulated conditions, these skills may be reduced. The importance and priority of psychological training in improving shooting skills is noted: firstly, it is aimed at removing psychological difficulties when shooting, and secondly, it is able to form physical and professionally important personal qualities, as well as the cadet’s readiness for extreme and stressful situations. The reasons for the decrease in the level of rifle training have been identified, which include: lack or low quality of professional training on the part of units engaged in rifle training; insufficient methodological preparedness of employees who teach shooting training; untimely identification of errors and their elimination. In terms of shooting training, it is important to simulate real situations within the framework of a lesson with the use of weapons. The ways of improving the shooting training of Interior Ministry employees in the form of an integrated system based on the physical training of cadets necessary when working with firearms, as well as psychological training and reflexive activity are proposed.
Keywords: shooting training, Ministry of Internal Affairs, psychological readiness, law enforcement, skills.
Bibliographic list of articles
1. Muzafin R.R., Vyshtikalyuk V.F., Koshevets G.V. Fire training as a condition for the formation of psychological stability of cadets at the Ministry of Internal Affairs University / Eurasian Legal Journal. – 2023. – No. 1 (176). – pp. 382-383. – EDN QLFXFC.
2. 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.
3. Activities of units to ensure the safety of persons subject to state protection: Textbook in 3 parts / S. V. Mikhalev, V. A. Apasov, E. I. Artyushenko [and others]. – Ufa: Ufa Law Institute of the Ministry of Internal Affairs of the Russian Federation, 2023. – 208 p. – ISBN 978-5-7247-1175-3. – EDN AESQKA.
4. Korsakov Yu. V. The role of special exercises during shooting training sessions // Internet magazine “World of Science”. – 2018. – No. 5. – [Electronic resource]. – Access mode: https://mir-nauki.com/PDF/20PDMN518.pdf.
LAW ENFORCEMENT AUTHORITIES
DUDIN Nikita Sergeevich
senior lecturer of Special training sub-faculty of the Ufa Law Institute of the MIA of Russia
NASYROV Ramil Rasilevich
lecturer of the Cycle of Professional Service and Physical Training of the Ufa School for Training Dog Handlers of the MIA of Russia
NENASHEV Leonid Nikolaevich
senior lecturer of Fire training sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk
FEATURES OF ENSURING THE PERSONAL SAFETY OF LAW ENFORCEMENT OFFICERS
This article is devoted to the issues of ensuring the personal safety of an employee of the internal affairs bodies using firearms in operational and official activities. The authors analyzed the physiological and psychological aspects of law enforcement officer training that affect personal safety in the performance of official duties, and also presented some recommendations for improving knowledge, skills and abilities of physical and psychological training.
Keywords: personal safety, law enforcement officer, physical and psychological aspect, high-speed shooting, “offhand”, self-regulation.
Bibliographic list of articles
1. State of crime in the Russian Federation // Official website of the Ministry of Internal Affairs of the Russian Federation. – [Electronic resource]. – Access mode: https:/mvd.rf (date of access: 03.23.2024).
2. Ponomarev N.N. Strengthening the skills of shooting from combat hand-held small arms among cadets studying in the specialization “Activities of special units of the Internal Affairs Internal Affairs” // 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. 2015. – pp. 254-258.
3. Shapochansky V.N. Training in aiming during high-speed pistol shooting // Alley of Science. – 2018. – No. 8. – P. 461-464.
4. Boyko-Buzil Yu. Yu., Shvets D. V. Psychological readiness of police officers for the lawful use of service firearms // Current issues in the training of police officers: collection of articles. – 2015. – pp. 7-12.
5. Grichanov A. S. Ensuring the safety of police officers in professional activities: a textbook. – Barnaul: Barnaul Law Institute of the Ministry of Internal Affairs of the Russian Federation, 2014. – 80 p.
LAW ENFORCEMENT AUTHORITIES
KANOKOVA Lyana Yurjevna
lecturer of Law Enforcement sub-faculty of the North-Caucasian Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia, major of police
KALININ Sergey Vladimirovich
senior lecturer of Tactical and special training sub-faculty of the Barnaul Law Institute of the MIA of Russia, lieutenant colonel of police
FEATURES OF EDUCATIONAL WORK AND TYPES OF EDUCATION OF EMPLOYEES OF INTERNAL AFFAIRS BODIES
The essential importance of knowledge of pedagogy for police officers is determined by their activities, the result of which depends on the professionalism of the employees. If employees do not ignore pedagogical knowledge in their activities, their activities are more effective and competent. It is thanks to pedagogical knowledge that employees have the opportunity to increase their professionalism, improve professional and moral qualities, and improve discipline.
Professional education is a component of the educational work of the Ministry of Internal Affairs of Russia, containing the tasks, goals and means that determine the professional activity of a police officer. The essence of professional education is the development of professional values, the formation of a positive attitude towards the position and work structure, the creation of adequate relationships between colleagues.
Keywords: education, internal affairs officer, education process, levels of education.
Bibliographic list of articles
1. Psychology and pedagogy in 2 hours. Part 1. Psychology: textbook for universities / V. A. Slastenin [etc.]; under the general editorship of V. A. Slastenin, V. P. Kashirin. – Moscow: Yurayt Publishing House, 2021. – P. 75.
2. Taratukhina Yu. V., Avdeeva Z. K. Pedagogy of higher education in the modern world: textbook and workshop for universities. – M.: Yurayt Publishing House, 2021. – P. 101.
3. Nagoeva M. A., Urumov A. In Formation of professional thinking and career guidance of students to study at a pedagogical university // Problems of modern pedagogical education. – 2018. – No. 60-1. – pp. 196-200.
4. Kanokova L. Yu. On the question of the philosophy of pedagogical science: yesterday, today, tomorrow // Eurasian Legal Journal. – 2021. – No. 3 (154). – pp. 406-407.
LAW ENFORCEMENT AUTHORITIES
KOGAN Olga Stanislavovna
Ph.D. in Medical Sciences, Professor of International relations, history and oriental studies sub-faculty of the Ufa State Petroleum Technical University
LIFANOVA Marina Vladislavovna
Ph.D. in Law, associate professor of Criminal law and process sub-faculty of the Ufa University of Science and Technology; associate professor of International relations, history and oriental studies sub-faculty of the Ufa State Petroleum Technical University
KORNELYUK Oksana Vladimirovna
Ph.D. in Law, associate professor of Criminal law and process sub-faculty of the Ufa University of Science and Technology
SOME ASPECTS OF LAW ENFORCEMENT PERSONNEL TRAINING IN MODERN RUSSIA
Modern economic, social and political events in our society inevitably cause the need to improve the legal provision of all spheres of public life. Special requirements are imposed on the training of personnel for law enforcement agencies, in particular, for work in courts, prosecutor’s offices and the IC of the Russian Federation, internal affairs bodies. In these areas of legal activity, there is a clear organization of work, strict schedule and irregular working hours, employees often face stressful and conflict situations. In this regard, high-quality training of personnel of law enforcement agencies is relevant.
The article discusses certain aspects of training law enforcement personnel, analyzes the personal qualities of future employees necessary for the successful implementation of this activity.
Keywords: higher legal education, personal qualities of law enforcement officers.
Bibliographic list of articles
1. Kubanov A. R. Professional and psychological requirements for the personality of an employee of internal affairs bodies // Problems of modern pedagogical education. Psychology. Karachay-Cherkess State University named after U.D. Aliyev. – Karachaevsk. – 2021. – pp. 378-380.
2. Maslova A. A. Problems of ensuring the quality of training of legal personnel in modern Russia // Law and Law. – 2018. – No. 6. – P. 46-48.
3. Petrunya O. E. Legal psychology. Tutorial. – M.: Publishing house. EAOI Center, 2007. – 171 p.
4. Eysenck H. J., Eysenck M. W. Personality and Individual Differences: A Natural Science Approach. – New York. – 1985. – [Electronic resource]. – Access mode: https://archive.org/details/personalityindiv0000eyse/page/n7/mode/2up (access date: 11/12/2023).
LAW ENFORCEMENT AUTHORITIES
MINGULOV Ilnur Rashitovich
senior lecturer of Physical training sub-faculty of the Ufa Law Institute of the MIA of Russia
NAPALKOV Yuriy Andreevich
Ph.D. in pedagogical sciences, associate professor of Physical training and sports sub-faculty of the Krasnodar University of the MIA of Russia
EGOSHIN Dmitriy Ivanovich
associate professor of Physical training sub-faculty of the Ural Law Institute of the MIA of Russia
KACHULINA Irina Viktorovna
lecturer of Criminology sub-faculty of the Omsk Academy of the MIA of Russia
THE USE OF INNOVATIVE TECHNOLOGIES FOR THE FORMATION OF THE PERSONALITY OF CADETS AND STUDENTS IN THE EDUCATIONAL PROCESS IN THE DISCIPLINE OF PHYSICAL TRAINING IN EDUCATIONAL ORGANIZATIONS OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
The article deals with the problem of developing endurance strength among police officers in the process of their professional and service training. This physical quality plays a huge role in the formation of the general physical training of employees, ensuring the most effective performance of service and combat tasks aimed at ensuring law and order and legality, respect for human and civil rights and freedoms. The degree of resistance and resistance to external influences, the possibility of using the maximum resource of the body in extreme situations depends on the development of strength and strength endurance.
The paper describes the main means and methods of developing strength qualities, the principles of building strength training, and also substantiates the importance of developing strength and strength endurance as fundamental physical qualities in the professional activities of law enforcement officers.
The relevance of the work is determined by the requirement of constant and purposeful development of the physical qualities of employees of the internal affairs bodies, improving the level of their physical indicators that affect the possibility of skillful and correct use of physical force. In modern conditions, high demands are placed on police officers regarding professional physical training in order to combat crime.
Keywords: professional training, physical training, strength, endurance, strength abilities, police officer.
Bibliographic list of articles
1. Babin A.V. Innovative methods of teaching the discipline “Physical training” in educational organizations of the Ministry of Internal Affairs of Russia // Physical training of employees of internal affairs bodies of the Russian Federation: Collection of scientific articles of the All-Russian competition, Volgograd, July 01 – 30, 2022 / Editorial Board: R. V. Kamnev, O. S. Panova, D. G. Ovechkin [and others]. Volume Issue 4. – Volgograd: Volgograd Academy of the Ministry of Internal Affairs of the Russian Federation, 2022. – P. 11-17. – EDN FTZBEC.
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. Lukyanov, 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. Gvozdikov P. Yu., Gilmutdinova N. I., Bondarenko D. M. Application of innovative technologies in the educational process of physical training of cadets (listeners) of universities of the Ministry of Internal Affairs of Russia // Text of a scientific article on the specialty “Education Sciences” – Scientists Notes from the University named after P. F. Lesgaft. – 2023. – No. 1 (215). – pp. 104-108. – 10.34835/issn.2308-1961
LAW ENFORCEMENT AUTHORITIES
URUSOV Zamir Khasanovich
senior lecturer of Organization of law enforcement activities sub-faculty of the North-Caucasian Institute for Advanced Studies (branch) of the Krasnodar University of the MIA of Russia, lieutenant colonel of police
USE OF MODERN INFORMATION TECHNOLOGY IN POLICE ADMINISTRATIVE ACTIVITIES
Administrative police activities are those activities through which the police can exercise their powers. The police can use scientific and technological advances to carry out their activities. This also includes various communication networks, information systems, and telecommunications infrastructure. They help police departments carry out the tasks assigned to them, do it faster and better. Technology can also help in preventing and solving crimes. There is a strong relationship between police administrative work and modern technology. This means that for the full regulation of the work of the internal affairs department and the implementation of its activities, a well-organized renewable management cycle is required, which should involve technologies that, if not automate the ongoing processes, then significantly simplify and speed them up. Thus, the activities of the police in the administrative sense can be called a complex of government decisions and actions based on legislative norms, carried out by officials and aimed at achieving the goals set for the service.
Keywords: administrative activities of the police, information technology, automated information and reference systems, automated information retrieval systems.
Bibliographic list of articles
1. Vasilenko G. N. On the Legal Regulation of Information Support for Operational Activities of the Police // In the collection: Current problems of administrative and administrative procedural law (Sorokin Readings). Collection of articles based on materials from the international scientific and practical conference. Under the general editorship of A. I. Kaplunov, comp.: A. I. Kaplunov, A. O. Drozd, N. M. Kramarenko, E. Kh. Mamedov. St. Petersburg, 2023. pp. 859-864.
2. Gyulaliev T. M., Abakarova O. G. Development and implementation of modern information technologies in the system of the Ministry of Internal Affairs of Russia // In the collection: Modern problems of scientific activity. prospects for introducing innovative solutions. Collection of articles of the International Scientific and Practical Conference. Ufa, 2022. pp. 36-38.
3. Klimova M.I. The use of modern information technologies in the administrative activities of the police // In the collection: Administrative and legal regulation of law enforcement activities: theory and practice. Materials of the International Scientific and Practical Conference. Editorial Board: K. D. Rydchenko, A. G. Bely, A. D. Abramkin [and others]. Krasnodar, 2023. pp. 476-480.
4. Kurushin S. A., Yavorsky M. A. Information technologies in the optimization of law enforcementactivity // Science of the XXI century: current directions of development. 2022. No. 2-2. pp. 149-152.
5. Shchelkonogova I. S. The use of modern information technologies in the administrative activities of the police // In the collection: Administrative and legal regulation of the protection of public order and ensuring public safety: problems and ways to solve them. Materials of the annual interuniversity scientific and practical conference. Under the general editorship of R.Yu. Avrutina. Comp. R. Yu. Avrutin, T. F. Fomina, O. S. Polikarpova. St. Petersburg, 2023. pp. 407-411.
LAW ENFORCEMENT AUTHORITIES
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
SHANKO Viktor Viktorovich
Ph.D. in pedagogical sciences, associate professor, Deputy Head of Special disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
ON THE ISSUE OF PUBLIC ADMINISTRATION OF REFORMING INTERNAL AFFAIRS BODIES
The question of the need for research in the field of public administration and reform of internal affairs bodies has been ripe for a long time. The authors provide a brief analysis of the concept of public administration and reform of internal affairs bodies. It is concluded that the issue of substantiating the methodological and theoretical foundations of public administration for reforming internal affairs bodies and directions for increasing the efficiency of their activities on the basis of philosophical, socio-economic, public administration, political science and legal analysis will fully contribute to the implementation of certain research tasks in this direction.
Keywords: reform, reformation, public administration, system, internal affairs bodies.
Bibliographic list of articles
1. Vasilenko I. A. Administrative and public management as a science // Sociological studies. – 1993. – No. 8. – P. 12-16.
2. Atamanchuk G.V. Theory of public administration: a course of lectures. – M.: Omega-L., 2005. – 584 p.
3. Plishkin V. M. Theory of internal affairs management: textbook. – M.: NAVSU, 1999. – 702 p.
4. Opalev A. On some basic categories of the theory of ensuring national security // Vestn. Russian Academy of Natural Sciences. – 2004. – No. 3. – P. 3-8.
5. Bykov A.V. System for ensuring the internal safety of the country: monograph. – M.: All-Russian Research Institute of the Ministry of Internal Affairs of Russia, 2007. – 226 p.
PROSECUTORAL SUPERVISION
YAKOVLEV Nikolay Mikhaylovich
Ph.D. in Law, associate professor of the M. K. Ammosov North-Eastern Federal University, Honored Lawyer of the Republic of Sakha (Yakutia), Honored Lawyer of the Russian Federation
IVANOV Sergey Mikhaylovich
magister student of the Faculty of Law of the M. K. Ammosov North-Eastern Federal University
PROSECUTOR’S SUPERVISION OVER THE IMPLEMENTATION OF ANTI-CORRUPTION LEGISLATION
The relevance of the research topic is determined by the fact that crimes committed in the field of corruption must be considered based on the opinions of modern authors. The issue of combating corruption for public policy is the most important task and the subject of increased public attention. Despite the creation of the legal and organizational framework for combating corruption in the Russian Federation, the level of corruption in the country remains at a very high level. The aggravation of the crime situation in the country contributes to the emergence of completely new forms of manifestation of this type of crime, including the study of the personality of the criminal who committed a crime in the field of corruption. The national plan to combat corruption is revealed. The features of prosecutorial supervision, as well as its role and importance in terms of identifying and suppressing violations of laws in the Russian Federation are considered. The article proposes measures aimed at increasing the efficiency of prosecutorial supervision in this area.
This article will discuss the basics of prosecutorial supervision over the implementation of anti-corruption legislation.
Keywords: supervision, prosecutorial supervision, legislation, legislation of the Russian Federation, corruption, anti-corruption.
Bibliographic list of articles
1. Glumova A. V. General characteristics of prosecutorial supervision in the field of anti-corruption // Current issues of the state and law in modern timesThe current stage of development of society: Collection of materials of the International scientific and practical conference among students, undergraduates and graduate students, Perm, June 24, 2022. Volume 1. – Perm: Perm Institute of the Federal Penitentiary Service, 2022. – P. 82-86.
2. Ilyushchenkova G. A. General characteristics of prosecutorial supervision over the implementation of legislation on combating corruption // Bulletin of Science. – 2021. – No. 5 (38). – pp. 90-95.
3. News. General Prosecutor’s Office of the Russian Federation. [Electronic resource]. – Access mode: https://epp.genproc.gov.ru/web/gprf/mass-media/news?item=73312986.
4. News. Prosecutor’s office of the Perm region. [Electronic resource]. – Access mode: https://epp.genproc.gov.ru/ru/web/proc_59/mass- media/news?item=65011263.
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, Simpheropol
WHY IS A NEW LAW “ON FORENSIC ACTIVITIES” NEEDED? (PART 2)
The article discusses the main provisions and innovations that are reflected in the text of the Amendments to the draft new law “On forensic activities in the Russian Federation”. The prepared law should become the successor to the current Federal Law of May 31, 2001 No. 73-FZ “On State Forensic Expert Activities in the Russian Federation.” The author has made an attempt to analyze the correctness and feasibility of introducing new provisions and concepts, and determine their prospects.
Keywords: federal law, forensic activity, expert, state and non-state expert activity, scientific and methodological support.
Bibliographic list of articles
1. Poziy V.S. Why is a new law “On forensic activity” necessary? (Part 1) // Eurasian Legal Journal. – 2024. – No. 2 (189). – pp. 427-428.
2. System for supporting legislative activities. [Electronic resource]. – Access mode: https://sozd.duma.gov.ru/bill/306504-6 (access date 03/19/2024).
3. 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: 03/19/2024).
SAFETY AND LAW
REVINA Svetlana Nikolaevna
Ph.D. in Law, professor of the Samara State University of Economics
GORBUNOVA Anastasiya Alexeevna
student of the Samara State University of Economics
DVORYANCHIKOV Vladislav Mikhaylovich
postgraduate student of the Samara State University of Economics
INFORMATION SECURITY IN THE CONTEXT OF DIGITALIZATION OF CUSTOMS AUTHORITIES
The article examines such aspects of the functioning of customs authorities, which, in the context of digitalization of society as a global trend, are of particular importance for the information security of these structures. The subject of the study is the most urgent threats that arise during the transition of customs structures to a digital format, and the object is information security in general of these bodies as a necessity for the normal development and functioning of the country’s economy. The research methods used such as analysis and synthesis, generalization and systematization. The main problem is the lack of elaboration of this issue, the unpreparedness of customs authorities to the conditions of an aggravated political situation and sanctions pressure from the international community. These issues are of particular relevance and novelty, since at the moment security issues are the highest priority for our country and the customs authorities are under such pressure for the first time. The authors pay special attention to the problematic issues of organizing the activities of customs authorities, which are of great danger when introducing digital technologies, and propose ways to resolve them.
Keywords: digitalization, confidentiality of information, information security, cyberterrorism, cyberattack, unified automated information system, information platforms.
Bibliographic list of articles
1. Pogodina N.A. Information security in the activities of customs authorities // Information security of regions. – 2011. – No. 2. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/informatsionnaya-bezopasnost-v-deyatelnosti-tamozhennyh-organov (date of access: 11/07/2023).
2. Skoryatina E.A., Sobolev R.K. Features of the formation and development of the digital economy // In the collection: Babkin A.V. (ed.) Innovation clusters in the digital economy: theory and practice: Proceedings of the VIII scientific and practical conference with international participation, St. Petersburg, May 17-22, 2017 – St. Petersburg: Publishing House of Peter the Great St. Petersburg Polytechnic University, 2017.
3. Kozyrev A. N. Digital economy and digitalization in historical retrospect // Digital Economy, 2018.
4. Vasiliev S. N. The use of modern digital technologies in the activities of customs authorities // Bulletin of the Russian Customs Academy, 2018.
5. Orlova E. R., Kudryavtsev P. E. Introduction of digital technologies into the activities of customs authorities: results and development prospects // Audit and financial analysis, 2021.
SAFETY AND LAW
SILANTJEVA Victoriya Alexandrovna
Ph.D. in historical sciences, associate professor of Theory and history of state and law sub-faculty of the N. I. Lobachevskiy National Research Nizhny Novgorod State University
ON THE ISSUE OF THE CONCEPT OF “DIASPORA”: APPLICATION IN RUSSIAN LEGISLATION
The article is devoted to the study of the phenomenon of diaspora as a legal category. There is an increased interest in the problems of the diaspora as an important structure of civil society. Diasporas play a significant role in the formation and implementation of the domestic and foreign policies of modern states, therefore they are the object of numerous studies by sociologists, political scientists, historians, and cultural scientists.
The frequency of using the term “diaspora” has increased. The term is actively used in scientific literature, mass media, and regulatory legal acts. However, the definition of the concept of diaspora is absent in Russian legislation and is practically not studied by legal scholars.
The article presents the factors that determine the need for additional study of the diaspora in the normative and legal discourse.
Keywords: migration, migration processes, normative legal status, diaspora, fraternity, migration legislation, migration policy, diaspora politics.
Bibliographic list of articles
1. Demographic conceptual dictionary / Ed. L. L. Rybakovsky; Center for Social Forecasting. – M., 2003.
2. Karsanova E. S., Gurshumov R. K. Diaspora as a political resource // Power. – 2020. – No. 3.
3. Kurnosova L. S. The concept of diaspora in sociological discourse // Bulletin of the Nizhny Novgorod University. N.I. Lobachevsky. – Series: Social Sciences. – 2006. – No. 1.
4. Mamedov E. F. Features and problems of using the term “diaspora” in Russian legislation // Eurasian Legal Journal. – 2015. – No. 7 (86).
5. Militarev A. On the content of the term “diaspora” // Diaspora. – 1999. – No. 1.
6. Nikitina E. E., Gaunova Zh. A. Interaction of public authorities with civil society institutions in the implementation of state national policy of the Russian Federation // Journal of Russian Law. – 2021. – T. 25. No. 10.
7. Sociological encyclopedic dictionary / Ed. G. V. Osipova. – M.: Norma, 1998.
SAFETY AND LAW
KHALITOV Oleg Firuzovich
senior lecturer of Pedagogy and psychology in the activities of employees of the department of internal affairs sub-faculty of the Ufa Law Institute of the MIA of Russia
MARCHENKO Konstantin Sergeevich
senior lecturer of Fire training sub-faculty of the Voronezh Institute of the MIA of Russia
SAMIKOV Albert Zabirovich
lecturer of the cynologists cycle of the Ufa School for Training Dog Handlers of the MIA of Russia
ORGANIZATIONAL AND TACTICAL FEATURES OF CONDUCTING FIRE TRAINING CLASSES IN UNITS TO ENSURE THE SAFETY OF PERSONS SUBJECT TO STATE PROTECTION
The organizational presented article is devoted to the and tactical features of the educational process of fire training with employees of the internal affairs bodies, designed to ensure the safety of persons under state protection. The relevance of the chosen topic is the analysis of scientific literature, which directly tests to the low level of elaboration of the problem of the organization and tactics of training police officers, especially the relevant unit.
The author has attempted a comprehensive study of existing scientific papers, as well as practical experience, in order to identify existing urgent problems and difficulties encountered in training employees of state protection units in the discipline “fire training”, which is one of the priority areas of professional training. And also some proposals were formed to optimize and improve the educational process aimed at more effective assimilation of theoretical knowledge, development and improvement of practical skills and skills in the use of firearms by employees of state protection units when solving operational and official tasks related to the implementation of security measures “personal protection “.
Keywords: organization, tactics, educational process, fire training, ensuring the safety of persons, state protection, personal protection.
Bibliographic list of articles
1. Mikhalev S.V., Apasov V.A., Artyushenko E.I. [etc.]. Activities of units to ensure the safety of persons subject to state protection: A textbook in 3 parts. – Ufa: Ufa Law Institute of the Ministry of Internal Affairs of the Russian Federation, 2023. – 208 p. – ISBN 978-5-7247-1175-3. – EDN AESQKA.
2. Muzafin R. R., Vyshtikalyuk V. F., Koshevets G. V. Fire training as a condition for the formation of psychological stability of cadets of the Ministry of Internal Affairs University // Eurasian Legal Journal. – 2023. – No. 1 (176). – pp. 382-383. – EDN QLFXFC.
EDAGOGY AND LAW
ZORINA Natalya Sergeevna
senior researcher of the Department for Improving Legal Regulation of the Penitentiary System of the Center for the Study of Problems of Management and Organization of the Execution of Sentences in the Penitentiary System of the Federal State Institution “Research Institute of the Federal Penitentiary Service”
PROBLEMS OF ADAPTATION OF JUVENILE CONVICTS IN CONDITIONS OF AN EDUCATIONAL COLONY
Within the framework of this article, the problems of adaptation of juvenile convicts in an educational colony are considered. Special attention was paid to the problems of social adaptation of juvenile convicts, which can have a negative impact on the pedagogical process. Some of the methods of work of teachers that are able to accelerate the adaptation of a minor and correct his behavioral deviations were described. The measures of encouragement that can be applied to people who show positive adaptation results were also described.
Keywords: adaptation, social disintegration, teacher, educational process, correction, minor
Bibliographic list of articles
1. Koshkina I.G., Shevchugova V.A. Organization of labor and social adaptation of minors in correctional institutions // Management and economics of the national economy of Russia: collection. – 2022. – P. 199. Current problems of social adaptation of minors convicted in conditions of imprisonment (using the example of the Kansk Educational Colony of the Federal Penitentiary Service of Russia in the Krasnoyarsk Territory) // Modern Science. – 2020. – No. 6-1. – P. 397-402.
2. Moskvina E. V., Strizhova E. V. Peculiarities of adaptation of adolescents to the conditions of an educational colony //BBK 65.26 C 387. – 2021. – P. 81.
3. Khokhlova M. M. Current problems of social adaptation of minors convicted in conditions of imprisonment (using the example of the Kansk Educational Colony of the Federal Penitentiary Service of Russia in the Krasnoyarsk Territory) // Modern Science. – 2020. – No. 6-1. – P. 397-402.
4. Yashin A. O. Social adaptation of juvenile convicts // E-Scio. – 2022. – No. 8 (71). – pp. 126-133.
EDAGOGY AND LAW
ISHMAEV Danil Fanirovich
lecturer of Special training sub-faculty of the Ufa Law Institute of the MIA of Russia
SHAPOCHANSKIY Vladimir Nikolaevich
senior lecturer of Fire training sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk
KOTELNIKOV Nikolay Sergeevich
lecturer of Tactical and special training sub-faculty of the Barnaul Law Institute of the MIA of Russia
ACTUAL PROBLEMS OF FIRE TRAINING OF CADETS AND STUDENTS OF EDUCATIONAL ORGANIZATIONS OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
The presented article is devoted to the modern problems of fire training of students in educational organizations of the Ministry of Internal Affairs of Russia. Acting as one of the dominant elements of the professional training of a law enforcement officer, fire training is a purposeful process designed to form the skills and abilities of using firearms. The authors have made attempts to study the most important factors influencing the formation and improvement of skills and abilities of accurate fire from firearms, and also proposed some recommendations for optimizing fire training classes in educational organizations of the Ministry of Internal Affairs of Russia.
Keywords: fire training, cadets and trainees, students, the Ministry of Internal Affairs of Russia, firearms, aiming, Makarov pistol, reaction.
Bibliographic list of articles
1. FiRushin T. A. Modern methods of teaching fire training to employees of internal affairs bodies // Improving fire and tactical-special training of law enforcement officers: a collection of materials from the All-Russian round table. – 2017. – pp. 216-218.
2. Gedgafov M. M. Formation of professional readiness among police officers for the lawful use of firearms // Journal of Applied Research. – 2022. – No. 4. – P. 89-93.
3. Zhamborov A. A. Some issues of improving fire training for internal affairs officers // Eurasian Legal Journal. – 2019. – No. 1 (128). – pp. 334-336.
EDAGOGY AND LAW
KANUKOEV Astemir Musovich
Ph.D. in pedagogical sciences, senior lecturer of Physical training sub-faculty of the North-Caucasian Advanced Training Institute (branch) of the Krasnodar University of the MIA of Russia, captain of police
KODZOKOV Aznaur Khasanovich
Ph.D. in pedagogical sciences, senior lecturer of Physical training sub-faculty of the North-Caucasian Advanced Training Institute (branch) of the Krasnodar University of the MIA of Russia, major of police
PHYSICAL TRAINING IS AN IMPORTANT COMPONENT OF THE PROFESSIONAL DEVELOPMENT OF STUDENTS OF EDUCATIONAL ORGANIZATIONS OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
Physical training of students in educational institutions of the Ministry of Internal Affairs of Russia is one of the most important components of their training and professional development. Realizing that in modern conditions of law enforcement, students have to face crime face to face, and often such clashes are associated with the use of physical force, it should be remembered that neglecting physical exercises and sports can cost a servant of order not only health , but also life. In addition, remembering the trend of development of martial arts in our country and the criminal element is not inferior, and sometimes surpasses law enforcement officers in its indicators and skills, it should be noted that physical training is one of the fundamental elements of the formation of professional competencies of students of educational organizations of the Ministry of Internal Affairs of Russia.
Keywords: students of educational organizations of the Ministry of Internal Affairs of Russia, physical training, physical activity, psychological stability, professional competence.
Bibliographic list of articles
1. Afov A. Kh. Physical culture and sports as the main component of improving the professionally important physical qualities of Russian police officers // Gaps in Russian legislation. – 2023. – T. 16. No. 4. – P. 78-82.
2. Beshtoev R. O. Physical training as the main element of training for employees of internal affairs bodies of Russia // Gaps in Russian legislation. – 2023. – T. 16. No. 4. – P. 120-124.
3. Gubzhokov A. Kh. Current issues in the formation of professionally important physical qualities among police officers // Law and Management. – 2023. – No. 11. – P. 430-434.
4. Krymshokalov A. Z., Thazeplov R. L. Current problems of developing professionally important physical qualities among police officers // In the collection: The best pedagogical work 2021. collection of articles of the International Research Competition. – Penza, 2021. – pp. 124-127.
5. Mayorov V.I. Current problems of professional development of employees of internal affairs bodies // In the collection: Current problems of police law. Materials of the international scientific and practical conference. – Omsk, 2022. – pp. 43-50.
6. Khromov A. M. The role of physical training in the development of professionally significant physical and personal qualities of students of educational organizations of the Ministry of Internal Affairs of Russia // Gaps in Russian legislation. – 2023. – T. 16. No. 4. – P. 140-144.
EDAGOGY AND LAW
KIM Vadim Olegovich
Head of Physical training sub-faculty of the Ufa Law Institute of the MIA of Russia
IVANCHENKO Evgeniy Sergeevich
Ph.D. in pedagogical sciences, Head of Physical training sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk
SHEVCHENKO Anton Rostislavovich
associate professor of Physical training sub-faculty of the Siberian Law Institute of the MIA of Russia, Krasnoyarsk
PHYSICAL TRAINING OF UNITS TO ENSURE THE SAFETY OF PERSONS SUBJECT TO STATE PROTECTION: ESSENCE, GOALS, TASKS, MAIN CONCEPTS
The relevance of the topic of this study is due to the fact that proper physical training of employees of the Ministry of Internal Affairs of Russia is the most important guarantee of effective activity of internal affairsbodies in solving the tasks facing them. The right to use physical force, enshrined in art. 18 of the Federal Law “On Police”, assumes that an employee of the Ministry of Internal Affairs of Russia has the skills to, on the one hand, use physical force as effectively as possible in cases provided for by law, on the other hand , to prevent excessive, clearly exceeding the limits required by the situation, physical impact on the offender. Proper physical skills are especially in demand among employees of departments performing complex special tasks, including in the field of protection of persons subject to state protection.
Keywords: physical training of units to ensure the safety of persons subject to state protection, physical activity, sports, physical exercises, strength training, special level of training.
Bibliographic list of articles
1. 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. Lukyanov, 2022. – P. 30-33. – EDN OKKFHP.
2. Stepanov G.I., Babin A.V., Zinnatov R.R. Current problems in the formation of professional skills in the implementation of combat fighting techniques among employees of departments of internal affairs bodies // Eurasian Legal Journal. – 2021. – No. 2 (153). – pp. 373-374. – EDN PJYBBV.
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. – EDN DCFRSL.
EDAGOGY AND LAW
KUROCHKIN Alexander Sergeevich
senior lecturer of Tactical and special training sub-faculty of the Rostov Law Institute of the MIA of Russia
TARANIN Mikhail Alexandrovich
lecturer of Special disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, Simferopol, major of police
KADYMOV Aidar Amirovich
lecturer of Special training sub-faculty of the Ufa Law Institute of the MIA of Russia, major of police
MURASHKO Alexander Vladimirovich
lecturer of Fire training sub-faculty of the Voronezh Institute of the MIA of Russia, captain of police
INNOVATIVE EDUCATIONAL TECHNOLOGIES USED IN UNIVERSITIES OF THE MINISTRY OF INTER-NAL AFFAIRS OF RUSSIA
This article examines the possibilities of using innovative technologies in the educational process of a university of the Ministry of Internal Affairs of Russia. In particular, the possi-bilities of using augmented reality technology, work in forensic complexes (landfills), laboratories equipped with technical means to work out the skills of identifying criminally significant information using software are considered. The authors note that augmented reality and virtual reality technologies can in no way replace traditional forms of learning. They complement existing forms, methods, and learning tools.
Keywords: innovative technologies, augmented reality technologies, educational process, educational technologies.
Bibliographic list of articles
1. Lapshova A.V., Urakova E.A., Sidorov A.N. Innovative technologies of vocational training // Problems of modern pedagogical education. – 2021. – No. 73-1. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/innovatsionnye-tehnologii-professionalnogo-obucheniya (date of access: 03/18/2024).
2. Mikhail I. I., Prokhorenko A. A. Application of augmented and virtual reality technologies in the educational process in the discipline “physical training” // Scientific notes of Lesgaft University. – 2018. – No. 5 (159). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/primenenie-tehnologiy-dopolnennoy-i-virtualnoy-realnosti-v-obrazovatelnom-protsesse-po-distsipline-fizicheskaya-podgotovka (date of access: 03/18/2024).
3. Platonova N. A. Modern teaching technologies // Bulletin of the Shadrinsk State Pedagogical University. – 2019. – No. 3 (43). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sovremennye-tehnologii-obucheniya-2 (date of access: 03/18/2024).
4. Razbegaev P.V. Innovative technologies in the educational system of the Ministry of Internal Affairs of the Russian Federation // MNKO. – 2022. – No. 4 (95). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/innovatsionnye-tehnologii-v-obrazovatelnoy-sisteme-mvd-rf (date of access: 03.18.2024).
5. Tukhvatullin B. T. Innovative direction in trainingcadets of universities of the internal troops of the Ministry of Internal Affairs of Russia // Young scientist. – 2012. – No. 7 (42). – pp. 324-326. – [Electronic resource]. – Access mode: https://moluch.ru/archive/42/5134/ (date of access: 03/18/2024).
6. Khusnutdinov G. R., Karpov E. N., Karamelsky R. V. Application of innovative pedagogical technologies in the educational organization of the Ministry of Internal Affairs of the Russian Federation // Vestnik KazGUKI. – 2019. – No. 1. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/primenenie-innovatsionnyh-pedagogicheskih-tehnologiy-v-obrazovatelnoy-organizatsii-mvd-rf (date of access: 03/21/2024).
EDAGOGY AND LAW
TARASOVA Anna Igorevna
specialist in youth work of the Department of Educational work Organization of the Department of Educational Work of the I. S. Turgenev Oryol State University
POZDNYAKOVA Kristina Andreevna
postgraduate student of the I. S. Turgenev Oryol State University
SHANENKOVA Mariya Maksimovna
bachelor of the Institute of Foreign Languages of the I. S. Turgenev Oryol State University
THE EMERGENCE AND DEVELOPMENT OF PEDAGOGICAL TECHNOLOGIES IN THE EDUCATIONAL PROCESS
The article examines the role of legal norms and regulations in the formation and development of pedagogical technologies in the modern educational process. The authors analyze historical and modern approaches to the use of technology in education, identifying key laws and regulations that govern this area. Also, the article discusses the history of the emergence and evolution of pedagogical technologies in the context of the educational process. The authors consider various methods and approaches that have been used in education over time, and also evaluate their impact on the effectiveness of learning. Overall, the article provides an overview and analysis of key aspects of the development of educational technologies and their importance for modern educational practice.
Keywords: legal norms, law, pedagogical technologies, collective learning, project method, multimedia technologies, online courses, educational process, higher education, training, teaching methods at a university, individualization of learning.
Bibliographic list of articles
1. Azarov Yu. P. Secrets of pedagogical mastery: Proc. manual: Educational method. allowance / Ross. acad. education. Moscow psychol.-social int. – Moscow: Publishing house Moscow. psychol.-social Institute; Voronezh: MODEK, 2004 (FSUE IAP Voronezh). – 430 pp.
2. Bespalko V. P. Components of pedagogical technology. – Moscow: Pedagogy, 1989. – 190 p.
3. Bguashev A. B., Ioakimidi Yu. A., Karyagina N. V. Project method as a direction in improving the physical education of schoolchildren // MNKO. – 2021. – No. 3 (88). – pp. 234-236.
4. Kuznetsov V. S., Kolodnitsky G. A. Theory and history of physical culture. – Moscow: KnoRus, 2020. – 448 p.
5. Surtaeva N.N. Pedagogical technologies: textbook. manual for bachelor’s and master’s degrees. – 2nd ed., rev. and additional – Moscow: Yurayt Publishing House, 2019. – 250 pp.
6. Shchurkova N. E. Pedagogical technology: a textbook for students of higher educational institutions studying in specialties 050711 (031300) – social pedagogy; 050701 (033400) – pedagogy. – 2nd ed., add. – Moscow: Ped. island of Russia, 2005. – 255 p.
EDAGOGY AND LAW
TIMOFEENKO Veronika Andreevna
Ph.D. in philosophical sciences, associate professor of Economics and humanitarian-legal disciplines sub-faculty of the A. P. Chekhov Taganrog Institute (branch) of the Rostov State University of Economics (RINE)
SERDYUKOVA Yuliya Alexandrovna
Ph.D. in Law, associate professor, Head of Economics and humanitarian-legal disciplines sub-faculty of the A. P. Chekhov Taganrog Institute (branch) of the Rostov State University of Economics (RINE)
SAMOYLOVA Irina Nikolaevna
Ph.D. in philosophical sciences, associate professor, Deputy Dean of the Faculty of Law of the A. S. Griboedov Moscow University
STRATEGIES FOR RE-SOCIALIZATION OF MINORS WHO COMMITTED OFFENSE
This article examines the problem of resocialization of minors in the context of interaction between family, educational institutions and law enforcement agencies. The issue of resocialization of juvenile convicts is relevant at the present time, has theoretical and practical importance, which requires subsequent scientific research in this area, as well as in practice, certain models and trends of resocialization that will strive for perfection over time, in addition, modern political conditions also require research into resocialization for juvenile offenders and their social environment that influences their success in the resocialization process.
Keywords: socialization, minors, crime, state, youth environment, educational process, law.
Bibliographic list of articles
1. Andreeva G. M. Social psychology. – M.: Moscow Publishing House, 2020. – 416 p.
2. Babayan S. L. On the issue of post-penitentiary resocialization // Penitentiary science. – 2016. – No. 12. – 13-19 p.
3. Gusarov P. N. Resocialization and adaptation of convicts: problems and prospects of the penitentiary system in Russia // Young scientist. 2021. – No. 22. – P. 270-273.
4. Egorov A.G. Conditions for the socialization of juvenile offenders. – M., 2018. – 280 pp.
5. Shchennikova S.V. Contents and methods of psychosocial work in the system of social work / Textbook. – Arzamas, 2023. – 80 p.
6. Yaylenko A. A. Problems of adolescence // Smolensk Medical Almanac. – 2016. – No. 4. – P. 198-206.
EDAGOGY AND LAW
TKHAGALEGOV Azamat Arsenovich
lecturer of Physical training sub-faculty of the North-Caucasian Advanced Training Institute (branch) of the Krasnodar University of the MIA of Russia), senior lieutenant of police
MODERN PROBLEMS OF PHYSICAL TRAINING OF POLICE OFFICERS
Police officers carry out extremely important functions in the state, while carrying out multifaceted activities. In modern conditions of an increase in the number of various offenses, the requirements for the level of physical training of police officers are increasing. In order for the police to really be able to fulfill their mission to protect human life, health, rights and freedoms, to combat crime, to protect public order and ensure public safety, a police officer must have the necessary knowledge, skills and abilities in the field of public order protection, in the field of legal grounds and tactics of the use of physical force. The main problems of physical training of police officers include a high level of stress, the ineffectiveness of traditional methods of physical training, as well as a lack of time and resources for training. They show the current state of the physical training of police officers. As a solution to these problems, we can offer modern and realistic training methods that reflect the real situations faced by police officers.
Keywords: police officers, physical training, modern information technologies, motor skills, functional training, tactical training, endurance training, multidimensional training.
Bibliographic list of articles
1. Beshtoev R. O. Physical training as the main element of training for employees of internal affairs bodies of Russia // Gaps in Russian legislation. – 2023. – T. 16. No. 4. – P. 120-124.
2. Kanukoev A. M., Kodzokov A. Kh. Ways to improve professional-applied physical training of employees of the Ministry of Internal Affairs of Russia // Law and Management. – 2023. – No. 3. – P. 90-94.
3. Khromov A. M. The role of physical training in the development of professionally significant physical and personal qualities of students of educational organizations of the Ministry of Internal Affairs of Russia // Gaps in Russian legislation. – 2023. – T. 16. No. 4. – P. 140-144.
4. Tashchiyan A. A. Physical training in the professional activities of police officers // In the collection: Improving the physical training of law enforcement officers. Collection of articles from the All-Russian Round Table. Editorial Board: S. N. Barkalov [and others]. – 2020. – pp. 202-204.
5. Thazeplov R. L. Modern problems of physical training of employees of internal affairs bodies and ways to solve them // Gaps in Russian legislation. – 2023. – T. 16. No. 4. – P. 98-103.
6. Cherkesov R. M., Nastuev E. B., Chechenov B. Kh., Achieva N. E. Modern problems of physical training of internal affairs officers and ways to solve them // Physical culture and health. – 2022. – No. 2 (82). – pp. 54-57.
EDAGOGY AND LAW
TKHAZEPLOV Rustam Leonidovich
senior lecturer of Physical training sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia
BITTIROV Rasul Mukhtarovich
senior lecturer of the Institute of Pedagogy, Psychology and Physical Education and Sports Education of the H. M. Berbekov Kabardino-Balkarian State University, Nalchik
THE PHILOSOPHICAL AND LEGAL ASPECT OF THE INFLUENCE OF THE PRINCIPLES OF PHYSICAL CULTURE AND SPORTS ON THE LEVEL OF PERSONAL DEVELOPMENT OF A PERSON AND SOCIETY AS A WHOLE
One of the types of activity, mainly engaged in which an individual can ensure for himself the process of personal and social development is sports and physical education. The uniquenessof this direction lies in the fact that the factor of professional purpose in this case is in combination with mental and behavioral rules. The article attempts to evaluate the philosophical and legal model of the influence of the fundamental principles of physical culture and sports on the factors of personal growth of a person, his individual characteristics and, as a result, the impact on the development of society as a whole.
Keywords: physical education, sports, functions, personality, professional qualities, life principles, self-realization, philosophy, law.
Bibliographic list of articles
1. Volodko M.V. Physical culture and sport as social phenomena of society (Legal basis) // Bulletin of Perm University. Legal sciences. – 2009. – No. 4. – P. 15-18.
2. Savin G. L., Purygina M. G., Boyko G. M. Sport is the main social phenomenon of human cultural life // Young scientist. – 2021. – No. 26. – P. 324-325.
3. Smirnov N. G. Physical culture as a factor in the social development of personality in modern Russian society: Abstract of Ph.D. dissertations. – St. Petersburg, 1995. – pp. 33-34.
4. Fedorovskaya M. Yu. Sport as a sociocultural phenomenon of our time and its leading functions // Sociodynamics. – 2019. – No. 5. – P. 1-14.
EDAGOGY 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”
THE INFLUENCE OF SOCIALLY NEGATIVE PROPERTIES OF THE FAMILY ON JUVENILE DELINQUENCY
In this article, the author analyzes the influence of socially negative properties of the family on juvenile delinquency. The study reflects such negative qualities of the family as its inferiority, the aggressiveness of parents towards children and other negative aspects of the upbringing of minors. Also, the article suggests measures to improve the criminogenic situation in the field of juvenile delinquency. First of all, the need for preventive work with the parents of children was identified.
Keywords: deviant behavior, juvenile, criminality, repetition, offense.
Bibliographic list of articles
1. Malyushina Yu. A. Psychological correction and prevention of criminal motivation of juvenile offenders: dissertation for the degree of candidate of psychological sciences: 5.3. 4: dis. – b. i., 2023.
2. 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.
3. Mukhina. T.K. Causes and factors of family troubles // Responsible editor. – 2020. – P. 43.
4. Pronin V. Family troubles as a factor in the development of deviant forms of behavior in minors // International Journal of Medicine and Psychology. – 2021. – T. 4. No. 4. – P. 58-64.
5. Ryzhova O. A. Features of juvenile delinquency and preventive measures in modern conditions // Science. Society. State. – 2020.– T. 8. No. 2 (30). – pp. 131-143.
EDAGOGY AND LAW
PHAN Mi Lan
lecturer of the Faculty of Foreign Languages of the People’s Security Academy
CHAT GPT’S APPLICATION IN TEACHING AND LEARNING CHINESE IN VIETNAM PEOPLE’S POLICE SCHOOLS – OPPORTUNITIES AND CHALLENGES
Chinese is one of the languages commonly taught not only in universities in Vietnam but also in People’s Police schools. Increasingly practical requirements require Chinese language teaching staff to improve their professional qualifications and innovate teaching forms and methods. Currently, the boom of GPT Chat brings opportunities and challenges for teaching and learning. Within the scope of this article, the author points out the opportunities and challenges in teaching and learning Chinese at People’s Police schools.
Keywords: police, Chat GPT, teaching and learning, language, Chinese.
Article bibliographyphysical list
1. Communist Party of Vietnam Documents of the 13th National Congress, Volume 2, Publishing House. National politics of truth. Hanoi, 2021. P. 89.
2. Nguyen Cong Minh. GPT Chat – a breakthrough in the technology of using artificial intelligence // Banking Journal. 2023. No. 3. P. 46.
3. Do Men “How GPT Chat Is Posing Problems for Education.” Electronic magazine VnEconomy. 2023. [Electronic resource]. – Access mode: https://vneconomy.vn/chatgpt-tao-ra-thach-thuc-voi-nganh-Giao-duc-nhu-nao.htm
4. Nguyen Thi Van Anh, Dao Thi Hoat. The benefits that GPT Chat brings mainly in the field of education // Educational equipment. 2023. No. 5. P. 18-24.
5. Chuong Nha Dinh, To Han (translator). How GPT chat affects education // Chinese education. 2023. No. 2. Beijing, China.
6. Vincent J. “GPT Chat Proves AI Has Finally Gone Mainstream—And It’s Only Going to Get Weirder From Here.” // The Verge. 2022.
7. Ruz K. The genius and strangeness of the GPT chat. New York Times, 2022.
EDAGOGY AND LAW
KODZOKOV Aznaur Khasanovich
Ph.D. in pedagogical sciences, senior lecturer of Physical training sub-faculty of the North-Caucasian Advanced Training Institute (branch) of the Krasnodar University of the MIA of Russia, major of police
KANUKOEV Astemir Musovich
Ph.D. in pedagogical sciences, senior lecturer of Physical training sub-faculty of the North-Caucasian Advanced Training Institute (branch) of the Krasnodar University of the MIA of Russia, captain of police
ASPECTS OF GENERAL AND SPECIAL PHYSICAL TRAINING OF STUDENTS OF EDUCATIONAL ORGANIZATIONS OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
Physical training, implemented in educational organizations of the Ministry of Internal Affairs of Russia, is divided into two groups – general and special. General physical training classes are aimed at strengthening health, as well as preparing the body for heavy loads in the future. In the process of general physical training, a gradual, uniform development of the general physical parameters of the body of the trainee is carried out. As a result, the main goal of general physical training is to increase the overall performance of the human body. Specialists of physical culture and sports note that general physical training is the basis for the superstructure of special physical training. Special physical training pursues completely different goals and the ways to achieve them differ in many ways from the general one. In the process of special physical training, students master the techniques of wrestling and forceful detention, which requires the development of special motor skills. Special physical training implies a sufficiently high level of general physical fitness.
Keywords: students of educational organizations of the Ministry of Internal Affairs of Russia, general physical training, special physical training.
Bibliographic list of articles
1. Beshtoev R. O. Physical training as the main element of training for employees of internal affairs bodies of Russia // Gaps in Russian legislation. – 2023. – T. 16. – No. 4. – P. 120-124.
2. Gubzhokov A. Kh. Current issues in the formation of professionally important physical qualities among police officers // Law and Management. – 2023. – No. 11. – P. 430-434.
3. Dybov V. E., Belyakova K. Yu., Tarasov V. A. On professional-applied physical training of cadets of educational organizations of the Ministry of Internal Affairs of Russia // In the collection: Issues of improving physical, tactical-special and fire training of police officers for operational official activities. Materials of the All-Russian Scientific and Practical Conference. – Volgograd, 2022. – pp. 51-54.
4. Kodzokov A. Kh. Physical training of employees of internal affairs bodies as a factor in increasing the effectiveness of the fight against crime // Gaps in Russian legislation. – 2022. – T. 15. No. 5. – P. 32-36.
5. Krymshokalov A. Z., Thazeplov R. L. Current problems of developing professionally important physical qualities among police officers // In the collection: The best pedagogical work 2021. collection of articles of the International Research Competition. – Penza, 2021. – pp. 124-127.
Psychology and Law
KARAVAEV Alexander Alexandrovich
Ph.D. in Law, associate professor of Administrative activities of internal affairs bodies sub-faculty of the Voronezh Institute of the MIA of Russia, lieutenant colonel of police
GALYAUTDINOV Rustem Flurovich
senior lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia, lieutenant colonel of police
MERKAZOVA Valentina Anatoljevna
lecturer of Special disciplines sub-faculty of the Crimean branch of Krasnodar University of the MIA of Russia, major of police
IVANOV Sergey Ivanovich
lecturer of the Cycle of Cynology of the Ufa School for Training Dog Handlers of the MIA of Russia
FEATURES OF PSYCHOLOGICAL IMPACT IN THE ACTIVITIES OF A POLICE OFFICER
This article discusses the main technologies of psychological influence of police officers against offenders. The authors analyze the term “psychological impact”, as well as highlight the principles and requirements that psychological impact technologies must meet. As the main types of psychological impact the authors include: persuasion, suggestion, infection and imitation. As a conclusion, the authors note that knowledge of technologies of legitimate psychological impact on offenders will help a police officer in exposing criminals, in effectively uncovering and investigating crimes.
Keywords: police officers, psychological impact, influence, persuasion, suggestion, imitation.
Bibliographic list of articles
1. Abrosimov S.V. Application of psychological influence by law enforcement officers in the process of professional activity // Philosophy of Law. – 2008. – No. 4 (29). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/primenenie-psihologicheskogo-vozdeystviya-sotrudnikami-pravoohranitelnyh-organov-v-protsesse-professionalnoy-deyatelnosti (date of access: 03/25/2024).
2. Kolmakova D. A. Psychological means and techniques used in law enforcement agencies in solving professional problems // Bulletin of Science. – 2024. – No. 1 (70). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/psihologicheskie-sredstva-i-priemy-ispolzuemye-v-pravoohranitelnyh-organah-pri-reshenii-professionalnyh-zadach (date of access: 03/25/2024).
3. Krysko V. G. Secrets of psychological warfare. – M.: Harvest, Commando, 1999. – 448 p.
4. Cherevko I.M., Nikonovich S.L., Beketov V.A. Psychological influence on the interrogated as a condition for obtaining truthful testimony // Police and investigative activities. – 2016. – No. 3. – P. 24-31. – DOI: 10.7256/2409-7810.2016.3.20395. – [Electronic resource]. – Access mode: https://nbpublish.com/library_read_article.php?id=20395.
5. Sharafutdinova N.V. Impact, psychological impact, influence, psychological influence: scientific definitions of concepts // Psychology and pedagogy of service activities. – 2022. – No. 4. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/vozdeystvie-psihologicheskoe-vozdeystvie-vliyanie-psihologicheskoe-vliyanie-nauchnye-opredeleniya-ponyatiy (date of access: 03/25/2024).
Psychology and Law
PUGACHEV Alexey Valerjevich
associate professor of Fire training sub-faculty of the Voronezh Institute of the MIA of Russia, colonel of police
MUSAFIN Radim Radifovich
lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia, major of police
BOLOBAN Maxim Leonidovich
lecturer of Tactical and special training sub-faculty of the Rostov Law Institute of the MIA of Russia, captain of police
KOSOVSKIY Vladislav Borisovich
lecturer of Special disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, Simferopol, major of police
TYPES OF COMMUNICATION BARRIERS IN THE ACTIVITIES OF POLICE OFFICERS AND WAYS TO OVERCOME THEM
This article analyzes the term “communication barrier”. The authors consider various types of communication barriers that arise in the process of communication between police officers and citizens. The authors consider cultural, linguistic, emotional, physical, psychological, etc. as the main barriers to communication. The authors describe ways to overcome these barriers and focus on the need to develop communication skills among police officers.
Keywords: communication barrier, communication barrier, police officer, communication, professional communication.
Bibliographic list of articles
1. Basharova O. G., Timokhina A. V. Methods of overcoming communication barriers in business communication // Humanitarian, socio-economic and social sciences. – 2022. – No. 7. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sposoby-preodoleniya-kommunikativnyh-barierov-v-delovom-obschenii (date of access: 03/27/2024).
2. Gareev R. T. Communication barriers and techniques for overcoming them // Economics and society. – 2016. – No. 3 (22). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kommunikativnye-bariery-i-priemy-ih-preodoleniya-1 (date of access: 03/27/2024).
3. Krainyukova A.K., Nizhelskaya Yu.A. Communication barriers and overcoming them // Bulletin of Science. – 2023. – No. 6 (63). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kommunikativnye-bariery-i-ih-preodolenie-1 (date of access: 03/27/2024).
4. Pechenkova E. A., Artemyev A. S. Tasks and results of psychological influence in the interests of conflict resolution at the stage of preliminary investigation // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2013. – No. 4. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/zadachi-i-rezultaty-psihologicheskogo-vozdeystviya-v-interesah-razresheniya-konfliktov-na-etape-predvaritelnogo-rassledovaniya (date of access: 03/25/2024).
5. Pogonina E. A., Leshchenko N. G. Phenomenological-hermeneutic analysis of communication barriers // Kant. – 2021. – No. 4 (41). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/fenomenologo-germenevticheskiy-analiz-kommunikativnyh-barierov (date of access: 03/27/2024).
6. Usmanova E. F. Communication barriers in the activities of law enforcement officers // Humanitarian and political-legal studies. – 2021. – No. 4 (15). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kommunikativnye-bariery-v-deyatelnosti-sotrudnikov-pravoohranitelnyh-organov (date of access: 03.27.2024).
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
SHAGIEVA Gulnara Rifovna
senior lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia, lieutenant colonel of police
STRIZHENOV Alexey Vyacheslavovich
senior lecturer of Fire training sub-faculty of the Voronezh Institute of the MIA of Russia, lieutenant colonel of police
VAFIN Vadim Vazirovich
lecturer of the cynology cycle, of the Ufa School for Training Dog Handlers of the MIA of Russia, lieutenant colonel of police
STRATEGIES FOR RESOLVING CONFLICT SITUATIONS IN THE ACTIVITIES OF POLICE OFFICERS
This article analyzes conflict resolution models. The approaches of various authors to understanding conflict resolution models are presented. The authors conclude that the most effective conflict resolution strategy is cooperation, but the choice of model still depends on the specific situation, the type of conflict, the subjects involved in the conflict, the motives of the subjects, the causes and conditions in which the conflict occurs.
Keywords: conflict, psychology of conflict, conflict situation, conflict resolution models, conflict resolution strategies.
Bibliographic list of articles
1. Kazhura N.V. The concept of “conflict” // Bulletin of magistracy. – 2023. – No. 2-1 (137). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ponyatie-konflikt (date of access: 02/05/2024).
2. Neustroeva O. V. Models and strategies for conflict resolution // Eurasian scientific journal. – 2015. – No. 10. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/modeli-i-strategii-razresheniya-konfliktov (date of access: 02/05/2024).
3. Rodin V.F., Maryasis I.B. Psychology of conflict resolution in internal affairs bodies // Psychology and pedagogy of service activities. – 2022. – No. 1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/psihologiya-razresheniya-konfliktov-v-ovd (date of access: 02/05/2024).
4. Tsvetkov V. L. Psychology of conflict: from theory to practice. – Moscow: Unity, 2015. – 183 pp.
5. Shoranova Z.V., Begieva B.M. Prevention and resolution of social conflicts // Questions of science and education. – 2022. – No. 5 (161). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/profilaktika-i-razreshenie-sotsialnyh-konfliktov (date of access: 02/05/2024).
STATE AND LAW
GAREEV Eduard Sagidullovich
Ph.D. in philosophical sciences, Head of Social and political communications sub-faculty of the Institute of Petroleum and Gas Business of the Ufa State Petroleum Technical University
ULANOV Alexey Alexandrovich
Ph.D. in philosophical sciences, associate professor of Social and political communications sub-faculty of the Institute of Petroleum and Gas Business of the Ufa State Petroleum Technical University
BONDARENKO Alexander Viktorovich
Ph.D. in philosophical sciences, associate professor of Social and political communications sub-faculty of the Instituteof Petroleum and Gas Business of the Ufa State Petroleum Technical University
LUKIYANOV Mikhail Yurjevich
Ph.D. in political sciences, associate professor of Social and political communications sub-faculty of the Institute of Petroleum and Gas Business of the Ufa State Petroleum Technical University
THE STATE OF THE FUTURE: TOPICAL PROBLEMS OF SOCIO-ECONOMIC AND POLITICAL-LEGAL DEVELOPMENT
The article discusses topical problems of political, legal and socio-economic development of the state. New priorities and approaches have been identified in addressing the underlying determinants. The role of universities is indicated, on the one hand, as centers for studying trends and prospects for the development of the political, legal and socio-economic spheres of society, and, on the other, as discussion platforms for the development and mutually beneficial exchange of thoughts and ideas.
Keywords: state, law, economy, actual development problems.
STATE AND LAW
DONSKOY Oleg Olegovich
postgraduate student, specialization: “Public-Legal (State-Legal) Sciences” of the Institute of Law of Patrice Lumumba Peoples Friendship University of Russia
PUBLIC LEGAL REGULATION OF THE PROTECTION OF COMMERCIALLY SIGNIFICANT INFORMATION IN THE UK CHEMICAL INDUSTRY
This article examines the mechanisms of legal regulation of protection of commercially sensitive information in the UK chemical industry. In the context of a rapidly evolving and competitive industry, ensuring the privacy and security of commercially sensitive information is becoming a priority for chemical companies. The article analyzes key mechanisms such as the Trade Secrets Succession Act, the Data Protection Act, and patent law, their role in ensuring the protection of information and how they are applied in the context of the chemical industry. The influence of judicial precedent in shaping jurisprudence in the area of commercial information protection is also examined. The mechanisms are evaluated and the priority of the combined method of ensuring the protection of commercially sensitive information is concluded. The article provides an overview and analysis of the mechanisms that can assist chemical companies in ensuring the security and privacy of their commercially sensitive data in the UK.
Keywords: commercially sensitive information, mechanisms, legal regulation, UK legislation, chemical industry, confidentiality.
Bibliographic list of articles
1. Adetona A. The Effect of Mergers and Acquisitions on the Management of Intellectual Property: A Case of the European Chemical Industry [Online]. Leeds Beckett University. – 2022.
2. Jones A. Intellectual Property and the Nature of Science // Cultural Studies. – Taylor & Francis, 2020. – pp. 145-164.
3. Silbey J. Questions of Intellectual Property and Fundamental Values in the Digital Age // Marq. Intel. Prop. & Innovation L. Rev. – 2023. – T. 27. – P. 1.
POLICY AND LAW
DO Dieu Huong
Official of the People’s Security Academy
APPLYING CIPO MODEL IN TRAINING MANAGEMENT IN CRIMINAL INVESTIGATION AT POLICE ACADEMIES AND UNIVERSITIES
The article discusses the application of an appropriate learning management model that is extremely important for improving the efficiency of educational institutions. The article introduces and proposes to apply the CIPO model in training management in criminal investigation at police academies and universities. Thereby, the author recommends 3 groups of measures: input-managing measures, process- managing measures, output-managing measures.
Keywords: CIPO model, training management, criminal investigation, police academies and universities.
Bibliographic list of articles
1. Nguyen Huu Thiau. The quality of education. Theoretical and practical issues. – Hanoi: Education Publishing House, 2008.
2. Tran Khanh Duc. Education and human resource development in the 21st century. – Hanoi: Education Publishing House, 2009.
3. Tran Khanh Duc. Management and accreditation of the quality of training in accordance with ISO and TQM. – Hanoi: Education Publishing House, 2004.
4. Nguyen Dac Hoan. Investigator in criminal proceedings in Vietnam. – 2001.
5. Police College Series 2 Police Training – Quality Assurance in Training, Center of Excellence in Police Training and Development. – 2013.
6. Rick D. Giovengo Law Enforcement Training. – CRC Press. 2016.
7. Jaap Scherens. Study of school effectiveness and development of indicators of the school functioning process. MInternational Encyclopedia of the Social and Behavioral Sciences, 2nd edition. – Oxford. 1990.
SOCIOLOGY AND LAW
ASANALIEV Ulanbek Askarbekovich
Ph.D. in political sciences, associate professor K. Karasaev Bishkek State University, Doctoral student of the Institute of Philosophy and Political and Legal Studies of the National Academy of Sciences of the Kyrgyz Republic
BREDIKHIN Anton Viktorovich
Ph.D. in historical sciences, Leading Researcher at the Institute of China and Modern Asia of the Russian Academy of Sciences
THE ROLE OF THE SCO FOR THE EAEU COUNTRIES IN THE MODERN PERIOD
The SCO countries are regionally close countries that have a lot in common and a combination of factors such as stable political systems and openness of national economies, all this makes the SCO member countries reliable partners in mutually beneficial cooperation, trade, cultural and tourist exchange, joint investment in priority sectors.
Keywords: SCO, EAEU, international security, globalization, integration, cooperation
Bibliographic list of articles
1. Bredikhin A.V. Prospects for the development of the Shanghai Cooperation Organization // Modern Asia: politics, economics, society. – 2023. – No. 1. – P. 11-16.
2. Breaking hegemony: a new study of the construction of international order and a system of global governance in a new era / Under the general editorship of Anton Viktorovich Bredikhin, candidate of historical sciences. – M.: ANO TSEMI, 2023. – 126 p.
3. Ustinovich E. S., Seleznev I. A., Bredikhin A. V. Prospects for the integration of Mongolia into the Shanghai Cooperation Organization // Issues of national and federal relations. – 2023. – T. 13. Issue. 10 (103). – pp. 4217-4227.
ECONOMY. RIGHT. SOCIETY
VILDANOV Ruslan Raisovich
Ph.D. in political sciences, associate professor of International relations, history and oriental studies sub-faculty of the Ufa State Petroleum Technological University
SHALAGINA Svetlana Vitaljevna
Ph.D. in political sciences, associate professor of International relations, history and oriental studies sub-faculty of the Ufa State Petroleum Technological University
KHASANOVA Amina Gizetdinovna
Ph.D. in historical sciences, associate professor of International relations, history and oriental studies sub-faculty of the Ufa State Petroleum Technological University
INFORMATION POLICY AND REGULATION OF THE INTERNET IN THE PEOPLE’S REPUBLIC OF CHINA
The article talks about the information policy of the Chinese authorities in the modern world. It is indicated that the Internet in China has acquired specific Chinese features and characteristics, which can now be collectively called the “Chinese Internet”. It is noted that the Chinese authorities are making great efforts to lobby their interests, promote their point of view in the media and the world network. It is emphasized that China has always been a supporter of “Internet sovereignty”, which means control over the placement of materials, information flows, ensuring the information security of the state. It is noted that in order to understand the Chinese Internet, that is, its distinctive features, it is important to study a variety of aspects, be it institutional norms or social practices. It tells about the interaction of public authorities and users of social networks.
Keywords: China, Internet, mass media, social networks, information security, Communist Party of China, Great Chinese Firewall, Golden Shield.
Bibliographic list of articles
1. Vildanov R. R. System of state regulation of the Internet in the Chinese People’s Republic // Bulletin of USPTU. Science, education, economics. Series: Economics. – 2021. – No. 3 (37). – pp. 115-122. – DOI 10.17122/2541-8904-2021-3-37-115-122. – EDN GBFBUE.
2. Leksyutina Ya. V. Policy of the Chinese leadership in matters of control and regulation of the Internet // Society and state in China. – 2015. – No. 1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/politika-kitayskogo-rukovodstva-v-voprosah-kontrolya-i-regulirovaniya-interneta (date of access: 03/24/2024).
3. Shanthi Kalathil. Beyond the Great Firewall: How China Became a Global Information Power. Center for International Media Assistance, 2017.
4. Yuanyuan Huang. Analysis of Internet censorship in mainland China (The Great Firewall). [Electronic resource]. – Access mode: https://www.theseus.fi/bitstream/handle/10024/266180/Yuanyuan_Huang.pdf?sequence=2&isAllowed=y (access date: 03.24.2024).
ECONOMY. PRAVO. SOCIETY
GORDIENKO Vyacheslav Vladimirovich
Ph.D. in economical sciences, Deputy Head of Philosophy sub-faculty of the Volgograd Academy of the MIA of Russia, colonel of police
GLADKOV Dmitry Viktorovich
senior lecturer of Physical and fire training sub-faculty of the Volgodonsk branch of the Rostov Law Institute of the MIA of Russia, colonel of police
MIKHAYLOV Sergey Nikolaevich
Ph.D. in philosophical sciences, associate professor of Law and social and humanitarian disciplines sub-faculty of the Volgograd State Agrarian University
SUSTAINABLE SOCIO-ECONOMIC DEVELOPMENT AND ENVIRONMENTAL GUIDELINES
The article analyzes sustainable socio-economic development as an opportunity to create conditions under which economic growth will be accompanied by social progress and environmental conservation. The importance of environmental guidelines in achieving sustainable development is emphasized. Among the subjects of formation of sustainable development are not only the governments of individual countries, but also international unions and the largest transnational corporations. An important role is given to commercial companies, organizations and citizens. An attempt has been made to determine directions for the formation of sustainable socio-economic development, taking into account environmental problems.
Keywords: sustainable development, environmental guidelines, economic growth, transnational corporations, globalization, innovative technologies, environmental policy, healthcare.
Bibliographic list of articles
1. Ji X., Zhang Y., Mirza N., Umar M., & Rizvi S. K. A. The impact of carbon neutrality on the investment performance: Evidence from the equity mutual funds in BRICS // Journal of Environmental Management. – 2021. – RUR 297.
2. Peterson D. J., Troubled Lands: The Legacy of Soviet Environmental Destruction. – Westview Press, Boulder, 1993. – 270 p.
3. Dunphy D., and Griffiths A. The Sustainable Corporation. – Sydney: Allen Unwin, 1998. – 246 p.
4. Dunphy D., Beneveniste J., Griffiths A. and Sutton P. (eds.), Sustainability: The corporate challenge of the 21st century. – Sydney, Allen Unwin, 2000. – 296 p.
5. Voitov A.V., Mikhailov S.N. Personal and group values in a consumer society: a sociological view. // Economic and humanitarian studies of regions. – 2022. – No. 5. – P. 76-80.
6. Ilyin I.V., Ursul A.D., Ursul T.A. New global goals for sustainable development // Vestn. Moscow Univ. Ser. XXVII. Global studies and geopolitics. – 2015. – No. 3/4. – pp. 60-84.
7. Mityakov S. N. New goals for sustainable development of Russia // Development and Security. – 2023. – No. 1. – P. 21-35.
8. Dresner S. The principles of sustainability. – London; Sterling, VA: Earthscan Publications, 2002. – 194 p.
ECONOMY. RIGHT. SOCIETY
KUTENEV Sergey Nikolaevich
postgraduate student of the I. S. Turgenev Orel State University, General Director of KP EXPERT-CABLE LLC
THE ROLE OF INDUSTRIAL ENTERPRISES IN ENSURING SUSTAINABLE DEVELOPMENT OF THE REGION
The article highlights the issue of the participation of industrial enterprises in ensuring the sustainable development of the region. Their role in this process is assessed by considering various forms of mutual influence of industrial enterprises and regions, factors that predetermine the sustainability of regional development. The place of industry in the implementation of the goals of sustainable development of the region is revealed. The nature of the manifestation of the influence of industrial enterprises on the socio-economic development of regional and state territories is determined. The dynamics of indicators of sustainable development of the region are presented in the context of achieving key sustainability goals, as well as a systematic list of factors that determine it, which are presented by a system of sustainability indicators. The specific features of industrial enterprises that ensure the sustainability of the region are grouped. In conclusion, a conclusion is drawn about the role of industrial enterprises as an instrumental driver that ensures the sustainable development of the region.
Keywords: industrial enterprises, sustainable development of the region, financial stability, development driver, balance of interests.
Bibliographic list of articles
1. Mirgaleeva I.V., Zhilina N.N., Bogdanov A.A. Management of digital transformation of industrial enterprises to ensure sustainable development of the region // Bulletin of the Russian University of Cooperation. – 2022. – No. 3. – P. 19-25.
2. Preobrazhensky B. G., Tolstykh T. O., ShmeLeva N.V. Ensuring sustainability in the development of regional industrial systems // REGION: systems, economics, management. – 2019. – No. 2. – pp. 12-17.
3. Bulatova D. S. Criteria for sustainable development of a fuel industry enterprise // Questions of student science. – 2022. – No. 4. – P. 200-204.
4. Fokina E. S., Ioda Yu. V. The importance of the results of the activities of an industrial enterprise in ensuring the financial sustainability of the territory // Socio-economic phenomena and processes. – 2018. – T. 13. – No. 104. – P. 192-197.
5. Imamverdieva M. I. System of factors for the formation of sustainable development of industrial enterprises // Creative Economy. – 2021. – T. 15. – No. 8. – P. 3283-3294.
6. Mochalov V. D., Mochalova Ya. V. The concept of sustainable development of an industrial enterprise as an economic entity in the regional economy // Bulletin of the Belgorod State Technological University. V. G. Shukhova. – 2016. – T. 1. – No. 1. [Electronic resource]. – Access mode: https://naukaru.ru/ru/nauka/article/29956/view (date of access: 03/03/2024).
7. Seraya O. A. Sustainable development of the industrial complex of the region: issues and directions of research // News of the Far Eastern Federal University. Economics and Management. – 2015. – No. 4. – P. 3-16.
ECONOMY. RIGHT. SOCIETY
MUKHAMADIEVA Elvira Fanirovna
Ph.D. in economic sciences, associate professor of the Ufa State Petroleum Technological University
SULTAKAEV Aidar Rustemovich
magister student of the Ufa State Petroleum Technological University
GALIMULLINA Natalya Anatoljevna
Ph.D. in economic sciences, associate professor of Public Administration sub-faculty of the Ufa University of Science and Technology
GALIMULLINA Snezhana Radikovna
specialist-expert of the Department of Labor Statistics, Education, Science and Innovation of the Territorial Body of the Federal State Statistics Service for the Republic of Bashkortostan
DIAGNOSTICS OF THE IMPACT OF TAX RISKS ON THE ECONOMIC SECURITY OF THE REPUBLIC OF BASHKORTOSTAN
The purpose of the publication of this article is to search for methods of analytical assessment of the impact of tax risks on the economic security of the region. Such a study is relevant in the light of the impact of external factors on the economy of a particular region, and is determined by the need to apply decisive measures to counter tax evasion in relation to market entities, strengthen control and digitalization of management decision- making processes by public authorities.
Keywords: tax risks, economic security of the region, threat diagnostics, regional security analysis.
Bibliographic list of articles
1. Galimullina N. A., Gizatullina V. G. Economic and legal foundations of regional security // Eurasian Legal Journal. 2016. No. 3 (94). pp. 336-338.
2. Gafarova L. A. Regional specifics of income taxation (on the example of the Republic of Bashkortostan) // Economics and business: theory and practice. 2023. No. 8 (102). pp. 45-48.
3. Davletkulova G. M., Abdrasov R. R. Identification by the tax authorities of the Republic of Bashkortostan of VAT evasion schemes in the field of procurement, processing and sale of scrap metals. risks of using tax evasion schemes // In the collection: Improving tax administration. Materials of the VI Republican Scientific and Practical Conference. Ufa, 2022. pp. 145-148.
4. Ivanov P. A. Dynamics of tax revenues of the region under sanctions pressure // Economics and business: theory and practice. 2022. No. 11-1 (93). pp. 163-165.
5. Krivtsov A. I. Conceptual approach to ensuring the tax security of organizations // Current problems of science, economics and education of the XXI century: materials of the II International Scientific and Practical Conference, March 5 – September 26, 2012: in 2 parts. Part. 2 / Rep. ed. E. N. Sheremetyeva. Samara: Samara Institute (fil.) RGTEU, 2012. P. 180-185.
6. Timofeeva I. Yu. Economic analysis, classification and assessment of tax risks during the period of decriminalization of tax relations // Economic analysis. 2010. No. 25. P. 23.
ECONOMY. RIGHT. SOCIETY
WENG Jinglong
master (direction: personnel management) of the Higher School of Public Administration of the M. V. Lomonosov Moscow State University
HR STRATEGIES IN DIGITAL BUSINESS
Digital business, replacing traditional forms of economic organization of activity, involves the development of fundamentally different adaptive strategies for personnel management. The object of research is human resources. The subject of the study is the organization’s personnel. The purpose of the study is to consider personnel strategies in the context of digital changes in the business environment. The article presents a roadmap for the transformation of human resource management, which is necessary to attract, develop and retain specialists in a competitive market. A human resource management strategy is presented, which is based on fundamental components and which together ensure its success in digital business. The adoption of technology in HR is a strategic move that significantly improves the efficiency and effectiveness of HR functions in today’s business environment.
Keywords: human resource management, digital economy, digital environment, labor resources, digital transformation.
Bibliographic list of articles
1. Patrusova A. M. Personnel management in the conditions of development of the digital economy // Scientific result. Business and service technologies. – 2021. – T. 7. No. 3. – P. 71-83. – DOI 10.18413/2408-9346-2021-7-3-0-6. – EDN YSFQHL.
2. Boldyreva E. E., Dzhukha V. M. Development of an organization management system and adaptation of personnel management systems // Accounting and Statistics. – 2024. – T. 21. No. 1. – P. 94-102. – DOI 10.54220/1994-0874.2024.44.62.010. – EDN EYUGQW.
3. Turi A. N., Turi A. N. Digital economy and the information society // Technologies for modern digital entrepreneurship: Understanding emerging tech at the cutting-edge of the web 3.0 economy. – 2020. – P. 1-41.
4. Agar N. How to be human in the digital economy. – MIT Press, 2019.
ECONOMY. RIGHT. SOCIETY
DANILOVSKIY Vasiliy Andreevich
leading specialist in Law, postgraduate student of the program of classical studies in “Entrepreneurship”.
THE MANAGEMENT OF PROJECTS BASED ON CLOUD TECHNOLOGIES IN SMALL BUSINESSES: PROSPECTS AND PROBLEMS
The article discusses the prospects and problems of utilizing cloud technologies in project management for small businesses. Every year, the market for IT services is growing steadily. Information technologies are being implemented everywhere – both in people’s daily lives and in business. Over the past few years, especially since the start of the pandemic, cloud technologies have become increasingly popular among small businesses. The use of cloud services enables small businesses to reduce costs on server equipment, analyze large amounts of data, and make better-informed management decisions. However, their use is associated with a number of difficulties. The information security of an enterprise may be under threat – data may be stolen, hacked, or destroyed. Enterprise managers may not be ready to utilize cloud technologies when managing enterprises; this may be hindered by a lack of competencies and psychological unpreparedness. To overcome these problems, modern scientists offer a number of strategies such as cybersecurity management, resource management, and trust management.
Keywords: small business, cloud technologies, management, service, infrastructure, enterprise, platform, software, provider, IT.
Bibliographic list of articles
1. Aleksanyan G. A., Ordynskaya Yu. A. Cloud services for small businesses // Economics and society. – 2014. – No. 2-5 (11). – P. 996-1002. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/oblachnye-servisy-dlya-malogo-biznesa (date of access: 03.26.2024).
2. Dubrova T. A., Yesenin M. A. Cloud services in small and medium-sized businesses: problems and prospects // Economic systems. – 2020. – No. 4. – P. 21-31. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/oblachnye-servisy-v-malom-i-srednem-predprinimatelstve-problemy-i-perspektivy (date of access: 03.26.2024).
3. Firdhous M., Ghazali O., Hassan S. Trust Management in Cloud Computing: A Critical Review // International Journal on Advances in ICT for Emerging Regions (ICTer). – 2012. – No. 2 (4). – pp. 24-36.
4. McGuinness S., Pouliakas K., Redmond P. Skills-displacing technological change and its impact on jobs: challenging technological alarmism? // Economics of Innovation and New Technology. – 2023. – No. 3 (32). – pp. 370-392.
5. Medeiros M. M. D., Hoppen N., Maçada A. C. G. Data science for business: benefits, challenges and opportunities // The Bottom Line. – 2020. – No. 2 (33). – pp. 149-163.
6. Mustafa S. [et al.]. Resource management in cloud computing: Taxonomy, prospects, and challenges // Computers & Electrical Engineering. – 2015. – (47). – pp. 186-203.
7. Olakunle Jayeola [etc.]. Cloud Computing Adoption in Small and Medium Enterprises (SMEs): A Systematic Literature Review and Directions for Future Research // International Journal of Business and Society. – 2022. – No. 1 (23). – pp. 226-243.
8. Rani D., Ranjan R. K. A comparative study of SaaS, PaaS and IaaS in cloud computing // International Journal of Advanced Research in Computer Science and Software Engineering. – 2014. – T. 4. No. 6. – P. 458-461.
9. Tissir N., El Kafhali S., Aboutabit N. Cybersecurity management in cloud computing: semantic literature review and conceptual framework proposal // Journal of Reliable Intelligent Environments. – 2021. – No. 2 (7). – pp. 69-84.
ECONOMY. RIGHT. SOCIETY
LI Yuxi
magister student of the 1st course (Management) of the Engineering Academy of the Patrice Lumumba Peoples’ Friendship University of Russia
SHKOLIK Oleg Alexandrovich
Ph.D. in Economics, Associate Professor of the Department of Socio-Economic Disciplines of the Ural Law Institute of the Ministry of Internal Affairs of Russia, Yekaterinburg
COMPARATIVE ANALYSIS OF CONTROL SYSTEMS IN VARIOUS TECHNOLOGICAL AND TECHNICAL SYSTEMS
By managing a technological and technical system, we mean a system that involves managing the states of the system that characterize. the course of the technical and technological process. The object of study is the control system. The subject of the research is a technical and technological system. The purpose of the study is to conduct a comparative analysis of the types of various management systems, identifying advantages and disadvantages. The article presents the main types of control systems in various technological and technical systems. A classification of systems by main types is presented. The advantages and disadvantages of feedback control systems, linear and nonlinear systems are considered. In general, control systems must be time invariant, that is, provide reliable and unchanging control; provide optimal performance under constant conditions where control is based on constant parameters, making them easier to implement and use.
Keywords: open loop system, closed loop system, proportional systems, stationary systems, digital control systems.
Bibliographic list of articles
1. Sony M., Naik S. Industry 4.0 integration with socio-technical systems theory: A systematic review and proposed theoretical model // Technology in society. – 2020. – T. 61. – pp. 101-248.
2. Turnbull D., Chugh R., Luck J. Learning management systems, an overview // Encyclopedia of education and information technologies. – 2020. – pp. 1052-1058.
3. Xia C. et al. A review on wire arc additive manufacturing: Monitoring, control and a framework of automated system // Journal of manufacturing systems. – 2020. – T. 57. – pp. 31-45.
ECONOMY. RIGHT. SOCIETY
MA Zongkai
master of the Faculty of Economics and Management of the Kyiv National Technological University of Design
NEW PERSPECTIVES ON THE USE OF BLOCKCHAIN TECHNOLOGY IN FINANCE: A CONTENT ANALYSIS
The current application of blockchain technology in finance differs from the original concept of blockchain system proposed by Satoshi Nakamoto in 2008, which raises the urgent question of revising the prospects of blockchain technology in finance. The object of the study is the financial system. The subject of the study is blockchain as a technology of encoding and storing data distributed over various nodes connected to the bottom of the network. The aim of the study is to theoretically analyze the prospects of using blockchain technology in finance. It is found that the development of blockchain in finance is primarily focused on improving cross-border payments and transaction processing, which in their current state are far from optimal. Private businesses seek the ability to optimize financial processes by creating a common registry with shared access for all participants, however, critics have expressed concerns about possible security risks, possible limitations to innovation and the dominant influence of governance structures within permissioned blockchains.
Keywords: cryptocurrency, permissioned blockchain, distributed networks, Internet, mining, decentralisation.
Bibliographic list of articles
1. Bakhvalova E. A., Sudakov V. A. Study of consensus algorithms for blockchain platforms // Preprints of the Institute for Problems of Mathematics. M. V. Keldysh. – 2021. – No. 26. – P. 1-16. – DOI 10.20948/prepr-2021-26. – EDN ZCAPBB.
2. Peskova O. Yu., Polovko I. Yu., Zakharchenko A. D. Application of blockchain technologies in electronic document management systems: analysis and software implementation // Engineering Bulletin of the Don. – 2019. – No. 3 (54). – P. 42. – EDN BJWXZF.
3. Mukhametshina F. A., Potapov A. A. Economic potential of distributed registries (DTL) in the context of the development of the digital economy // Economics and management: problems, solutions. – 2024. – T. 6. No. 1 (142). – pp. 156-162. – DOI 10.36871/ek.up.p.r.2024.01.06.019. – EDN WXVFFI.
4. Thompson J. R. J. et al. Know Your Clients’ behaviors: a cluster analysis of financial transactions // Journal of Risk and Financial Management. – 2021. – T. 14. No. 2. – P. 50.
ECONOMY. RIGHT. SOCIETY
CUI Lyuke
bachelor (mechanical engineering) of the Hefei University of Technology
RYABKOVA Gina Valeryevna
Ph.D. in Pedagogical Sciences, Associate Professor, Associate Professor of the Department of Linguistics and Translation Studies at the Moscow Aviation Institute (National Research University)
COMPUTER NETWORKS IN ECONOMICS
Computing networks in economics organize the modern digital space, forming new areas of knowledge – the knowledge economy and the network economy, which require fundamentally different economic methodologies and assessment tools. The object of research is the network economy. The subject of the research is computer networks in the network economy. The purpose of the study is to consider the content of the network economy and its connection with the knowledge economy, due to the need to use computer networks. The article reveals that the network economy is a traditional economy supplemented by information resources and digital technologies. It is argued that computer networks have their own pricing characteristics, since the product is information (mostly intangible), then the total cost of ownership is used as an economic assessment, which is a set of direct and indirect costs borne by the owner of the information system throughout its life cycle. A grouping of costs and expenses for ensuring the functioning of a computer network, its features and prospects are presented.
Keywords: neural networks, digital environment, digital transformation, electronic network, total cost of ownership.
Bibliographic list of articles
1. Montlevich V.M., Popov A.D. Mathematical model for placing virtual machines on physical servers of computer networks // Bulletin of Samara University. Economics and Management. – 2020. – T. 11. No. 2. – pp. 125-131. – DOI 10.18287/2542-0461-2020-11-2-125-131. – EDN CCOOXI.
2. Shchukina A. Ya., Efremova T. V. Network economy – the stage of formation of new principles of functioning of the economic space, minimizing the consumption of natural resources // Bulletin of the Volga University named after. V. N. Tatishcheva. – 2014. – No. 2 (31). – pp. 117-124. – EDN SNTKHR.
3. Khalilova A. A. Total cost of ownership in the light of trends in the development of information technologies // News of the Volgograd State Technical University. – 2008. – No. 2 (40). – pp. 83-86. – EDN KTWSIR.
ECONOMY. RIGHT. SOCIETY
YANG Jie
postgraduate student of the Institute of Business of the Belarusian State University
FEATURES OF THE USE OF CRYPTOCURRENCIES WITHIN THE FRAMEWORK OF ECONOMIC SECURITY OF THE COUNTRY
Cryptocurrency, based on blockchain technology, has emerged and has shown rapid development over the past ten years. The significance of cryptocurrencies in modern economies lies in their potential to change perceptions and attitudes towards money and transactions. The innovative characteristics of this means of payment make them an attractive alternative to traditional forms of currency, offering the possibility of financial inclusion and lower transaction fees. However, it should be mentioned that the use of cryptocurrencies has positive features and at the same time carries certain risks for economic systems. Taking into account the noted, the article is devoted to the consideration of the peculiarities of the use of cryptocurrencies within the framework of economic security of countries.
Keywords: cryptocurrency, economy, security, exchange, exchange, exchange.
References
1. Gurnutin Z. S. Cryptocurrency and its impact on economic security // Issues of sustainable development of society. – 2021. – No. 5. – P. 95-99.
2. Pakharev A. V. Issues of economic security and feasibility of using digital currency and cryptocurrency during the economic crisis // Technical and technological problems of service. – 2021. – No. 2 (56). – P. 69-74.
3. Kartavkin A. S. The impact of investments in cryptocurrency on the economic security of Russia // Vector of Economics. – 2022. – No. 1 (67). – P. 34-39.
4. Saidulaev A. A. The influence of cryptocurrency on the global economy and economic security of the Russian Federation // Innovations and investments. – 2023. – No. 6. – P. 241-243.
5. Tsirulis K. N. Trends in the development of the cryptocurrency market, economic risks and threats to national security // Humanitarian problems of military affairs. – 2022. – No. 4 (33). – P. 5-9.
PHILOSOPHY. RIGHT. SOCIETY
BIKMETOV Evgeniy Yurjevich
Ph.D. in sociological sciences professor of the Ufa University of Science and Technology
PUSHKAREVA Marina Alexeevna
Ph.D. in philosophical sciences, professor of the Ufa University of Science and Technology
KHRAMOVA Kseniya Vyacheslavovna
Ph.D. in philosophical sciences, professor of the Bashkir State Medical University, Ufa
DEVELOPMENT OF THE IDEA OF HUMANITY IN POLITICAL RELATIONS
The article explores the idea of humanity, outside of which political relations cannot be formed. The latter are one of the forms of social relations, and society itself is a “product of human interaction” (K. Marx). Here we are talking about the richness of forms and ways of communication, which includes spiritual culture, which is the core of political culture. The latter implies an orientation towards the consideration of the human being as a goal rather than a means of manipulating the subjects of the political process. In this respect, the idea of humanity, the spirit of humanism is associated with the increase of being rather than possessing things, forms of life activity of a person and society as a whole. Political culture is connected with legal and moral culture, political ideology. The political idea should not be separated from the interest of the people, which is based on the moral primary basis, substance. Political relations cannot be formed outside the idea of humanism, humanity.
Keywords:idea of humanity, society, political governance, socio-political relations, political culture, the problem of disconnection of idea and interest.
Bibliographic list of articles
1. Plato. Collection op. In 4 volumes: T. 3 / General. ed. A. F. Loseva and others; note A. A. Tahoe-Godi. – M.: Mysl, 1994. – 654 p.
2. Aristotle. Policy. Athenian politics / Intro. Art. E. I. Temnova. – M.: Mysl, 1997. – 459 p.
3. Aristotle. Essays. In 4 volumes: T. 4 / Ed. and ed. entry Art. A. I. Dovatur, F. H. Cassidy; note V.V. Bibikhina and others – M.: Mysl, 1983. – 830 pp.
4. Bruno Giordano. Expulsion of the Triumphant Beast / Trans. with it., intro. and note. A. Zolotareva. – Samara: AGNI, 1997. – 285 p.
5. Machiavelli N. The Sovereign. – M.: Planet, 1990. – 80 p.
6. Boden J. Six books about states // Anthology of world legal thought. In 5 volumes. T. 2: Europe. V-XVII centuries – M.: Mysl, 1999. – P. 689-695.
7. Tavadov G. T. Political Science: textbook. for universities. – M.: Project, 2002. – 364 p.
8. Hobbes T. Leviathan, or Matter, form and power of the church and civil state // Hobbes T. Works. In 2 volumes: T. 2 / Compiled, ed., author. note V.V. Sokolov. – M.: Mysl, 1991. – 731 p.
9. Kant I. Works. In 6 volumes: T. 2 / Ed. A.V. Gulyga; lane B. A. Fokhta. – M.: Mysl, 1964. – 509 p.
10. Marx K., Engels F. Soch. 2nd ed. T. 1. Notes on the latest Prussian censorship instructions. – M.: Gospolitizdat, 1955. – P. 3-27.
11. Psychoanalysis and culture: Fif. works of Karen Horney and Erich Fromm. – M.: Lawyer, 1995. – 623 p.
12. Lukyanov A.V., Bikmetov E.Yu., Khramova K.V. Methodology for studying the foundations of social self-consciousness // Modern science: current problems of theory and practice. Series: Cognition. – 2023. – No. 9. – P. 85-88.
13. Shilov V.N. Humanism as a political value // Scientific bulletins of BelSU. Ser. Story. Political science. Economy. – 2008. – No. 5 (45). – Vol. 7. – pp. 151-155.
14. Political science. Encyclopedic Dictionary / General. ed. and comp. Yu. I. Averyanov. – M.: Publishing house Mosk. commercial University, 1993. – 432 pp.
15. Maslova E. S., Polomoshnov A. F., Plomoshnov P. A. Identity and humanism in the era of transformation. – Pos. Persianovsky: Don State Agrarian University, 2019. – 222 p.
16. Bikmetov E. Yu., Lukyanov A. V., Pushkareva M. A. Modern social and humanitarian knowledge: features of understanding and pre-understanding of the sociocultural situation // Kant. – 2023. – No. 2 (47). – pp. 118-121.
PHILOSOPHY. RIGHT. SOCIETY
VINOGRADOVA Natalya Viktorovna
Ph.D. in philosophical sciences, associate professor of Philosophy, history and social engineering sub-faculty of the Ufa State Petroleum Technical University
TUKAEVA Rosa Abdulkhaevna
Ph.D. in philosophical sciences, associate professor of Philosophy and social disciplines sub-faculty of the S. M. Kirov St. Petersburg State Forestry University
MORAL PHILOSOPHY V.S. SOLOVYOV AS A VALUE GUIDANCE OF MODERN SOCIETY
The article is devoted to the moral philosophy of V.S. Solovyov and the relevance of its main provisions in the modern world. The authors analyze the main ethical work of the philosopher “Justification of the Good” in the context of the problems of civilization of the 21st century and show the possibility of applying the ethical principles of V.S. Solovyov in resolving conflict situations at different levels. Particular attention is paid to such aspects of the moral philosophy of V.S. Solovyov as the relationship between personal and common good, morality and law, the solution of the national question from a moral point of view. The philosopher’s statements about the unconditional human dignity and worth of every person are of enduring importance. Despite the seeming utopianism of the thinker’s ideas, they are quite rational and feasible for maintaining public well-being.
Keywords: V. S. Solovyov, morality, ethics, person, personality, society, state, good, nation, right, goodness
Bibliographic list of articles
1. Bugai D.V. Preface to the new edition of “Justification of Good” Vl. S. Solovyov // Solovyov V. S. Justification of good. Moral philosophy. – M.: Academic Project, 2010. – 671 p.
2. Vinogradova N.V., Tukaeva R.A. Space ethics of K. E. Tsiolkovsky: rationalism and humanism // Eurasian Legal Journal. – 2022. – No. 8 (171). – pp. 488-489.
3. Nepryakhin N. Anatomy of Delusions: A Big Book on Critical Thinking. – M.: Alpina Publisher, 2020. – 578 p.
4. Solovyov V. S. Justification of good. Moral philosophy. – M.: Academic Project, 2010. – 671 p.
5. Roland Robertson. Glocalization: time-space and homogeneity-heterogeneity. [Electronic resource]. – Access mode: https://warwick.ac.uk/fac/arts/history/students/modules/hi31v/syllabus/week18/robertson-1995.pdf.
PHILOSOPHY. RIGHT. SOCIETY
GALIMOVA Lyudmila Rustamovna
employee of the Bashkir State Medical University, Ufa
SALIKHOV Gafur Gubaevich
Ph.D. in philosophical sciences, professor of Philosophy and cultural studies sub-faculty of the Ufa University of Science and Technology
THE ACTION APPROACH ACTIVITY OF THE SUBJECT AS A RESOURCE OF HIS REPRODUCTION
The importance of a subject’s activity as one of the main resources of its reproduction in the process of socialization is associated with the formation of behavioral models based on a system of value preferences. The formation of a value attitude to the action approach activity of the subject is considered as the pursuit of a goal and an understanding of the significance of landmarks. In order to characterize the importance of reproducing behavioral models based on human activity, it is necessary to identify the nature of the links between the mechanisms of their formation. Behavioral patterns in society can be explained in relation to the social characteristics of the environment in which the process of personality formation and reproduction takes place.
Keywords: subject, personality, activity, social resource, social reproduction, socialization, behavioral norm, civic position.
Bibliographic list of articles
1. Alpatova K. A. Socialization as a process and result of interaction between “I” and “Other”: social and philosophical aspect: dis. …cand. Philosopher Sciences: 09.00.11. – Pyatigorsk, 2010. – 180 pp.
2. Bezuglaya U. Ya. Factors influencing the formation and socialization of the personality of modern youth // Scientific palette. – 2022. – No. 3 (37). – P. 3.-10.
3. Zelyanina V. A. Philosophical analysis of the problem of socialization of personality: dis. …cand. Philosopher Sciences: 09.00.11. – M., 2007. – 158 p.
4. Katilina M.I. Educational environment as a factor in the socialization of personality: social and philosophical aspect: dis. …cand. Philosopher Sciences: 09.00.11. – M., 2009. – 198 pp.
5. Malets M. A. The problem of anthroposociogenesis in philosophy and science // New information technologies in telecommunications and postal communications. – 2023. – T. 1. No. 1. – P. 247-250.
6. Parmanova A. U., Parmanova G. U., Kuvichkin N. M. Socialization of personality in digital education // Scientific almanac of the Central Chernozem Region. – 2022. – No. 3-2. – pp. 157-160.
7. Salikhov G. G. Man of the era of globalization / G. G. Salikhov; scientific editor B. S. Galimov. Monograph. – M.: Nauka, 2008. – 560 pp.
8. Salikhov G. G. Man in a globalizing world: socio-philosophical analysis: dis. … Doctor of Philosophy Sciences: 09.00.11. – Ufa, 2010. – 361 p.
9. Salikhov G. G. Language as a sphere of culture of dialogue of cultures // Culture of dialogue of cultures in a globalizing world / Collective monograph: scientific. ed. Faizullin F. S., Mamedzade I. R., Melikov I. M., Gezalov A. A. – Moscow: “Canon+” ROOI “Rehabilitation”, 2022. – P. 326-338. (520 pp.)
PHILOSOPHY. RIGHT. SOCIETY
GOFMAN Alexander Anatoljevich
associate professor of Combat, tactical and special training sub-faculty of the Vladimir Law Institute of the FPS of Russia
TIMOSCHUK Alexey Stanislavovich
Ph.D. in philosophical sciences, professor of Humanitarian and socio-economic disciplines sub-faculty of the Vladimir Law Institute of the FPS of Russia
“WE SURRENDERED BELGRADE, WE GOT BELGOROD” OR A NEW SINCERITY IN POLITICAL COMMUNICATION
How to learn to maintain the sustainable development of family, community, territory, country? What provides long term survival of communities? Neomalthusianism, degrowth, prosperity without growth, the achievement of the limits of a market economy (exhaustion of the possibilities of division labor, an unacceptable escalation of risks, an increase in uncertainty, computational difficulties in the design of the future) are the discussed negative trends. As for the positive trends, it is worth highlighting the promotion of topics of the economy joint, cooperation, the social state, and the construction of horizontal ties. The article is dedicated to the value of network coordination in the management of limited resources. (text is not suitable)
Keywords: the mythologeme of the USSR, the rebirth of the Soviet Union, the restoration of the USSR, USSR 2.0, born in the USSR, futuroarchaics, political myth-making.
Bibliographic list of articles
1. Goffman A. A., Timoshchuk A. S. The red flag of victory of the “Russian Spring 2.0” // In the collection: The Motherland to which they swore allegiance…. All-Russian materials. conf. with intl. participation dedicated to the 100th anniversary of the formation of the USSR. – Nizhny Novgorod, 2022. – pp. 171-177.
2. Goffman A. A., Timoshchuk A. S. Human rights and beforetrees of growth // Eurasian legal journal. – 2023. –No. 3 (178). – pp. 483-484.
3. Montyan T. N. School of young squid. [Electronic resource]. – Access mode: https://t.me/s/youngsquids
4. Ostrom E. General management. Evolution of institutions of collective action / Trans. from English T. N. Montyan. – Kyiv, 2013. – 400 p.
5. Soto E. The mystery of capital. Why capitalism triumphs in the West and fails throughout the rest of the world. – M.: Olimp-Business, 2004. – 272 p.
PHILOSOPHY. RIGHT. SOCIETY
GRUZDEV Andrey Alexandrovich
Ph.D. in philosophical sciences, associate professor of Philosophy sub-faculty of the Humanitarian Institute of the Siberian Federal University, Krasnoyarsk
MAKARCHUK Ivan Yurjevich
Ph.D. in Law, associate professor of Philosophy sub-faculty of the Humanitarian Institute of the Siberian Federal University, Krasnoyarsk
SOCIAL AND PHILOSOPHICAL VIEWS OF I. S. GLAZUNOV
This article analyzes the socio-philosophical views and ideas of the outstanding Soviet and Russian artist, teacher and public figure Ilya Sergeevich Glazunov. The artist’s worldview combined patriotism, religiosity, faith in the power of art and its ability to cause spiritual transformation, as well as the desire to preserve and develop Russian national culture. He actively popularized the artistic heritage and culture of Russia, sought to preserve and pass them on to future generations, and also opposed Western influence on the Russian mentality. Currently, his socio-philosophical views continue to be relevant, arousing interest and discussion, especially in light of the modern challenges faced by Russia and the whole world.
Keywords: I. S. Glazunov, conservatism, patriotism, Russian history, national identity, faith.
Bibliographic list of articles
1. Bolshakov V.I. The civic power of art: our great contemporary artist Ilya Glazunov is 85 // Science. Culture. Society. ‒ 2015. ‒ No. 4.
2. Gaifullina Yu. R. Ilya Glazunov – successor of Orthodox traditions in painting of the twentieth century // Science, society, technology: problems and prospects for interaction in the modern world: collection of articles of the XI International Scientific and Practical Conference. ‒ Petrozavodsk: ICNP “New Science”, 2023.
3. Glazunov I. S. Russia crucified. ‒ M.: “AST Publishing House”, 2005.
4. Degtev A. Life and work of Ilya Sergeevich Glazunov // Materials of the international scientific forum of students “Youth in science and creativity”. ‒ Gzhel: GSU, 2021.
5. Chinyakova G. P., Bolshakov V. I. Ilya Glazunov. ‒ M.: Publishing House of the Moscow Patriarchate of the Russian Orthodox Church, 2018.
6. Kolodny L. E. Ilya Glazunov. Love and hate. ‒ M.: “Algorithm”, 2017.
7. Novikov V.S. Ilya Glazunov: Russian genius. ‒ M.: “Eksmo”, 2007.
8. Rostova N. N. Ilya Glazunov: priest of the national spirit // Orthodoxy. ‒ 2022. ‒ No. 4.
9. Svininnikov V. “Eternal Russia” by Ilya Glazunov. ‒ M.: “Kitoni”, 2019.
PHILOSOPHY. RIGHT. SOCIETY
IKHSANOV Artur Uralovich
postgraduate student of the Higher School of Philosophy and Sociology of the Ufa University of Science and Technology
ETHNIC ASPECT OF GLOBALIZATION: MYTHOLOGY, IDEOLOGY AND POLITICS
The article is devoted to the study of the socio-philosophical concept of globalism in the totality of many diverse processes that cover almost all aspects of life in post-industrial society. The relevance of this study is due to the social and political realities of post-industrial society, which is at the stage of fundamental transformations. In the context of globalization, development trends of ethnic groups are becoming more complex and diverse; the study of these trends is important for understanding socio-political processes in the world. The pluralism of the new globalized open world (cultural, political, ethnonational) leads to ambiguous consequences: the loss of national states of their sociocultural, political and economic positions, sovereignty and the formation of new identities.
Keywords: globalization, globality, power, mythology, ideology, politics, post-industrial society, social conflicts, national identity, “global man.”
Bibliographic list of articles
1. Avdeev E. A. National state, nation and ethnic group in the context of globalization: social and philosophical analysis // Bulletin of the Adygea State University. – 2015. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/natsionalnoe-gosudarstvo-natsiya-i-etnos-v-kontekste-globalizatsii-sotsialno-filosofskiy-analiz.
2. Danakari R. A. Globalization and philosophical problems of ethnic life. – 2007. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/globalizatsiya-i-filosofskie-problemy-etnicheskogo-bytiya.
3. Drobot G. A. Globalization: concept, stages, contradictions, assessments // Social and humanitarian knowledge. – 2015. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/globalizatsiya-ponyatie-etapy-protivorechiya-otsenki.
4. Levankov V. A. National cultures and problems of national identity in the era of globalism // Bulletin of St. Petersburg University. – Ser. 6. – 2009. – Issue. 2. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/natsionalnye-kultury-i-problemy-natsionalnoy-identichnosti-v-epohu-globalizma.
5. Mazrui A. Globalization and Its Impact on Africa, “Culture, Globalization and the World-System: Contemporary Conditions for the Representation of Identity.” – Minneapolis: University of Minnesota, 1997.
6. Ritzer G. The McDonaldization of Society. – “Pine Forge Press”, 1993.
PHILOSOPHY. RIGHT. SOCIETY
ZUBKOV Sergey Alexandrovich
Ph.D. in philosophical sciences, associate professor of Philosophy and religious studies sub-faculty of the A. G. and N. G. Stoletov Vladimir State University
TYURINA Arina Yurjevna
student of the bachelor’s degree in religious studies of the Humanitarian Institute of the A. G. and N. G. Stoletov Vladimir State University
THE SACRALIZATION OF FUJI AS A MANIFESTATION OF ECOPHILIC PHILOSOPHY IN JAPAN
The article reveals the features and historical data of the definition of Mount Fuji as a legendary symbol of Japan. The genesis of sacred approaches to this object of nature and national heritage is rooted in ancient Shinto beliefs and rituals. This study reveals the connection between Japanese painting, literature and culture in general through aesthetic perception with traditional theological views. The protection of Fuji and the surrounding area makes it possible to reveal the significance of this mountain for the Japanese ethnic group and their ecophilic attitude towards sacred natural ecosystems.
Keywords: Mount Fuji, deification, kami, Japanese religions and folklore.
Bibliographic list of articles
1. Eliseeff V., Eliseeff D. Japanese civilization. – M.: AST, 2008. – 528 p.
2. Zubkov S.A. Criteria for religious ecophilicity // News of Irkutsk State University. Series “Political Science. Religious Studies”. – 2019. – Volume 28. – P. 92-100. Doi.org/10.26516/2073-3380.2019.28.92.
3. Ovchinnikov Vsevolod. Sakura branch. – M.: Young Guard, 1975. – 288 p.
4. Sansom J.B. Japan: A Brief History of Culture. – St. Petersburg: Eurasia, 1999. – 576 p.
5. Fuji is the sacred mountain of Japan. – [Electronic resource]. – Access mode: https://galitravel.ru/fudzi-svyashhennaya-gora-yaponii/?ysclid=lu5s8fxah9835564011 (access date: 03/7/2024).
6. Fuji is a shrine of Japan. – [Electronic resource]. – Access mode: https://nihon-go.ru/gora-fudzi-svyatyinya-yaponii/?ysclid=lu5sgj13vz29173287 (access date: 03/7/2024).
7. Fuji is a symbol and shrine of Japan. – [Electronic resource]. – Access mode: https://zamok.druzya.org/index.php?/topic/20128-fuji-symbol-and-shrine-of-Japan/ (date of access: 03/7/2024).
PHILOSOPHY. RIGHT. SOCIETY
KOCHESOKOV Robert Khazhismelovich
Ph.D. in philosophical sciences, professor, Head of Philosophy sub-faculty of the Kh. M. Berbekov Kabardino-Balkarian State University, Nalchik
MAIROVA Milana Zaurovna
lecturer of Philosophy sub-faculty of the Kh. M. Berbekov Kabardino-Balkarian State University, Nalchik
POLITICALLY INCORRECT METHODS OF PROMOTING THE POLITICAL CORRECTNESS IN THE WEST
The article shows that in Western countries, to promote the policy of political correctness, politically incorrect methods are increasingly used. Their essence lies in the fact that a political opponent is artificially placed in a deliberately losing situation: if he adheres to the principles of political correctness, he will be forced to abandon his point of view, and if he violates them, he will be ostracized . The authors identify the following methods: (1) the opposition of female politicians to male politicians; (2) the promotion of representatives of various minorities into power structures; (3) the use of children (teenagers) in political struggle. Specific examples are used to demonstrate the mechanism of their application.
Keywords: political correctness, political struggle, technology of power, sexism, feminism, equality.
Bibliographic list of articles
1. Ionin L. G. Minority society: political correctness inmodern world: Preprint WP14/2010/01. – M.: Publishing House of the State University – Higher School of Economics, 2010. – 44 p.
2. American Government and Politics Today / Steffen W. Schmidt, Mack C. Shelley, II, Barbara A. Bardes. – West Publishing Company. 1995-1996 ed. – 748 p.
3. American Government: Roots and Reform / Karen O’Connor, Larry J. Sabato. – Mass., 1995. – 793 p.
4. Kamenkova L., Murashko L. Positive discrimination: concept, content, evolution // Journal of International Law and International Relations. – 2006. – No. 2. – P. 3-7.
5. Kochesokov R. Kh. Political correctness as a means of developing religious tolerance // Intercultural dialogue: research and practice. – M.: Media Center of Moscow State University. M. V. Lomonosov, 2004. – P. 167-171.
6. Kochesokov R. Kh., Bizheva A. P., Kulturbaeva L. M. The logic of the evolution of political elites // Eurasian Legal Journal. – 2023. – No. 1 (176). – pp. 476-477.
7. Okulich A.I. Positive measures and reverse discrimination: problems of theory and practice // Problems of law. – 2021. – No. 3 (82). – pp. 35-41.
8. Ryabova L.K. Positive discrimination in ethnopolitics: formulation of the problem in modern historiography // Contemporary history of Russia. – 2019. – T. 9. No. 2. – P. 536–548.
9. Semedov S. A., Sukhareva V. A. The phenomenon of Greta Thunberg or technologies of mediatization of protest. Concept: philosophy, religion, culture. – 2020. – Volume 4. No. 1 (13). – pp. 121–138.
10. Sharapova I.V., Kobenko Yu.V. History of the emergence of the concept of “political correctness” and methods of its interpretation // TSPU Bulletin. – 2014. – No. 10 (151). – pp. 46-50.
PHILOSOPHY. RIGHT. SOCIETY
LUKMANOVA Regina Aidarovna
postgraduate student of the 3rd year of study of the Ufa University of Science and Technology
SHAYKHUTDINOVA Irina Irikovna
senior lecturer of the Ufa University of Science and Technology
INFORMATION TOOLS FOR PROMOTING POSITIVE ATTITUDES TOWARDS CHARITABLE ACTIVITIES AND MENTORING
The article examines various aspects of mentoring and charitable activities as social phenomena that are actualizing in modern conditions, their significance for society and the individual, and mechanisms of popularization. Conducted sociological studies among the population of the capital of the Republic of Bashkortostan, Ufa, aimed at identifying respondents’ awareness of the essence, significance, goals, participants and other charitable activities and mentoring, demonstrate the fact that these types of social activities require wider coverage and positioning in society as relevant and significant in the life of modern society and a certain category of citizens in need of support and protection.
Keywords: mentoring, charity work, information tools, popularization.
Bibliographic list of articles
1. About charitable activities and volunteering (volunteering). Federal Law No. 135-FZ of August 11, 1995 // Consultant Plus (date of access: December 18, 2023).
2. “On the direction of the target mentoring model and methodological recommendations.” <Letter> Ministry of Education of Russia dated January 23, 2020 No. MR-42/02 (together with “Methodological recommendations for the implementation of the methodology (target model) of student mentoring for organizations carrying out educational activities in general education, additional general education and secondary vocational education programs, including using the best practice of exchange of experience between students”) // Consultant Plus (date of access: 01/08/2024).
3. Rakhmatullina Z. Ya. The world rests on culture: philosophical understanding. – Ufa: RIC BashSU, 2021. – 226 p.
4. Timokhina N.I. Features of communication of charitable organizations in social networks // Young scientist. – 2019. – No. 12 (250). – pp. 241-244. – [Electronic resource]. – Access mode: https://moluch.ru/archive/250/57340/
5. Ogneva A. S. Social networks: concept, types, technological opportunities for promotion // Young scientist. – 2021. – No. 9 (351). – pp. 75-79. – [Electronic resource]. – Access mode: https://moluch.ru/archive/351/78875/
6. Social networks (Russian market). – [Electronic resource]. – Access mode: https://www.tadviser.ru/index.php/
7. Development of charity. Give a Chance – charity foundation. – [Electronic resource]. – Access mode: https://chance.su/947-razvitie-blagotvoritelnosti.html.
PHILOSOPHY. RIGHT. SOCIETY
LUKYANOV Gennadiy Ivanovich
Ph.D. in philosophical sciences, associate professor, professor of Economics and management sub-faculty of the Volga Polytechnic Institute (branch) of the Volgograd State Technical University
BAKLANOV Igor Spartakovich
Ph.D. in philosophical sciences, professor, professor of Philosophy and ethnology sub-faculty of the North Caucasus Federal University, Stavropol
BAKLANOVA Olga Alexandrovna
Ph.D. in philosophical sciences, associate professor, associate professor of Philosophy and ethnology sub-faculty of the North Caucasus Federal University, Stavropol
OSADCHIY Alexander Alexeevich
postgraduate student of Philosophy and ethnology sub-faculty of the North Caucasus Federal University, Stavropol
FEATURES OF THE PROBLEMATIZATION AND GENESIS OF IDEAS ABOUT THE PHENOMENON OF SOCIALITY IN SOCIO-PHILOSOPHICAL KNOWLEDGE
The article examines the problem of typologizing sociality, which is not new for the modern era, which smoothly transitions into postmodern society, but is thematized in it in a new way. Modernism was built on individual centering, while postmodernism, reserving attention to the individual, removes the question of centering itself, changing beyond recognition of the socio-philosophical approach to the problem of the individual and, accordingly, to sociality itself, based on the opposition of individualism and collectivism. However, the study of a developing object is always a little late in relation to its development, so the study of sociality still occurs either with the help of a palette of traditional tools, valuable for its precision, or through new, most often found sporadically , through trial and error, research technologies that strive to maximize approach the state of the object, but in practice they are not always effective and relevant.
Keywords: sociality, society, individualism, collectivism, rationality, freedom, industrialism, substantialism, communication theory, modernism, postmodernism.
Bibliographic list of articles
1. Baklanov I. S., Baklanova O. A., Pokhilko A. D. Axiological guidelines and temporal references for the development of digital society // Bulletin of the Armavir State Pedagogical University. – 2021. – No. 4. – P. 136-144.
2. Baklanova O. A., Baklanov I. S. Research of sociality as a methodological problem of social cognition // Humanitarian and social sciences. – 2014. – No. 2. – P. 176-180.
3. Ivin A. A. Introduction to the philosophy of history. – M.: Vlados, 1997. – 288 p.
4. Latour B. Reassembling the social: an introduction to actor-network theory. – M.: Publishing house. House of the Higher School of Economics, 2014. – 384 p. – pp. 223-224.
5. Habermas Yu. Moral consciousness and communicative action. – St. Petersburg: Nauka, 2001. – 382 p.
6. Baklanov I. S., Baklanova O. A., Erokhin A. M., Ponarina N. N., Akopyan G. A. Myth as a means of ordering and organizing social reality // Journal of History Culture and Art Research. – 2018. – T. 7. No. 2. – P. 41-47.
7. Baklanov I. S., Baklanova O. A., Shmatko A. A., Gubanova M. A., Pokhilko A. D. The historical past as a factor of sociocultural transformations of postmodernity // Journal of Historical Culture and Art Research. – 2018. – T. 7. No. 1. – P. 373-378.
PHILOSOPHY. RIGHT. SOCIETY
SASIN Mikhail Viktorovich
postgraduate student of the Institute of Social and Humanitarian Technologies of the V. P. Astafjev Krasnoyarsk State Pedagogical University
MINEEV Valeriy Valerjevich
Ph.D. in philosophical sciences, professor of Philosophy, economics and law sub-faculty of the V. P. Astafjev Krasnoyarsk State Pedagogical University
PHILOSOPHICAL AND ETHICAL ASPECTS OF THE RESPONSIBILITY OF A SCIENTIST AND TEACHER
The categories of freedom and responsibility are traditionally extremely significant in domestic and foreign philosophy. They have a long tradition of research and interpretation. The article deals with the phenomenon of freedom and responsibility in pedagogy, the education system, and in the field of scientific research. Attention to the humanization of education in different eras historically corresponded to the study of the foundations and forms of embodiment of the category of freedom in pedagogy. The problem of freedom and responsibility of the individual is of particular relevance to the current social situation. And the importance of the pedagogical aspect is increasing due to the need to form an active life position and social responsibility among the younger generation. The level of human freedom is determined by the measure of his responsibility. Freedom is expressed in the creative approach of the teacher-researcher. The proposed work analyzes various aspects of the interpretation of the phenomenon of freedom and responsibility in pedagogy against the backdrop of a broad picture of the philosophical views of prominent thinkers, writers, publicists who created their own concepts in this area.
Keywords:categories of responsibility and freedom, theory of free education, freedom and responsibility in science.
Bibliographic list of articles
1. Berdyaev N. A. Philosophy of freedom of the meaning of creativity. – M., Pravda, 1989. – 608 p.
2. Gessen S.I. Fundamentals of Pedagogy. Introduction to Applied Philosophy. – M.: School-Press, 1995. – pp. 61-62.
3. Ivanov E.V. The phenomenon of freedom in the pedagogy of Western Europe and Russia. – V. Novgorod: NovSU, 2013. – P. 62.
4. Rezvykh P. V. Freedom, law and imagination in the lectures of F. V. J. Schelling 1820-21. // Bulletin of RUDN University. Series: Philosophy. – 2019. – No. 1. – P. 7-18.
5. Rousseau J.-J. Emil or about education. Pedagogical heritage / Comp. V. M. Clarin A. N. Dzhurinsky. – M.: Pedagogy, 1988. – P. 201.
6. Sidorov G. N., Shustova O. B. Personality of the teacher and methodological pluralism as a means of overcoming the crisis of scientific knowledge // Childhood open to the world. Collection of materials from the All-Russian Scientific and Practical Conference. – Omsk State Pedagogical University, 2018 – pp. 262-266.
7. Tolstoy L.N. The Path of Life. – M.: Republic, 1993. – P. 32.
8. Shlyakhov M. Yu., Babaeva A. V., Makarova A. O. The path to freedom: the historical process through the eyes of the Antichrist P. A. Kropotkin // MNIZH. – 2022. – No. 8 (122). – pp. 1-4.
9. Shustova O. B., Sidorov G. N. Materialistic and apologetic approaches to anthropogenesis: experience of philosophical synthesis // Omsk Scientific Bulletin. – 2010. – No. 1 (94). – pp. 129-132.
10. Shustova O. B., Sidorov G. N. Worldview rationality and worldview revolutions from a metaphysical perspective // Metaphysics. – 2016. – No. 4 (22). – pp. 28-34.
11. Shustova O. B., Sidorov G. N. Philosophical category of faith in scientific knowledge // Bulletin of Omsk University. –2014. – No. 1 (71). – pp. 28-29.
12. Jaspers K. The meaning and purpose of history: Transl. with him. 2nd ed. – M.: Republic, 1994. – 527 p.
13. Angela J. Crean, Anna M. Kopps, Russell Bonduriansky. Revisiting telegony: offspring inherit an acquired characteristic of their mother’s previous mate // Ecology Letters. – 2014. – P. 17-34.
PHILOSOPHY. RIGHT. SOCIETY
KHOKHLOVA Olga Mikhaylovna
Ph.D. in philosophical sciences, associate professor of Public administration sub-faculty of the Institute of Social Sciences of the Irkutsk State University
DMITRIEVA Larisa Yurjevna
Ph.D. in technical sciences, associate professor of the Department of Applied Mathematics and Informatics of the Irkutsk National Research Technical University
STRATEGIC CONSENT IN MODERN RUSSIAN SOCIETY
The authors substantiate that modern Russian society needs public consent; in the last years of its development, it is in dire need of strategic consent, allowing it to preserve the national security and identity of Russia. The authors define strategic consent and justify its place in public consent. The authors substantiate the conclusion that strategic agreement becomes a factor in the formation and maintenance of order and stability of society; on the other hand, it manifests itself as a development factor that transforms various spheres of society. The authors consider the culture of consent as a key factor characterizing the stability or instability of a social system, as a subjective component of the strategy of social development and an important factor in overcoming challenges and threats, determine the functional significance of culture, including political , ensuring security and functioning of public systems.
Keywords: consent, strategy, strategic consent, public consent, modern society, modern Russia.
Bibliographic list of articles
1. Menyaeva M.P. Culture of consent: essence, formation, reproduction: dissertation … Doctor of Philosophy: 09.00.13. – Chelyabinsk, 2016. – 383 pp.
2. Okhotnikova M. M. Consent as a social process in a transforming society. Doctor of Science dissertation; 22.00.01. – Tyumen, 2000. – 377 pp.
3. Khokhlova O. M. Dichotomy “agreement-disagreement” in the social sphere (philosophical and methodological analysis). Author’s abstract. …cand. Philosopher Sciences: 09.00.11: Moscow, MSTU im. N. E. Bauman. – M., 2013. – 22 p.
4. Khokhlova O. M. Public consent in the socio-political sphere of modern society: monograph. – Krasnoyarsk: Sib. federal univ., 2016. – 176 pp.
PHILOSOPHY. RIGHT. SOCIETY
GALIMOVA Lyudmila Rustamovna
employee of the Bashkir State Medical University, Ufa
SALIKHOV Gafur Gubaevich
Ph.D. in philosophical sciences, professor of Philosophy and cultural studies sub-faculty of the Ufa University of Science and Technology
SOCIAL COMPARISON AS A MECHANISM FOR THE FORMATION OFLIFE`S STRATEGIES OF A SUBJECT IN THE PROCESS OF ITS REPRODUCTION
The formation of a personality as a subject of reproduction occurs through the implementation of life`s strategies. It is considered as a system of life`s orientation, one of the elements of which is social comparison. The functional dynamics of this process places social comparison in the role of the subject’s life`s orientation system. Life`s strategies are considered as one of the complex levels of philosophical orientation of a personality in the socio-cultural space of being. The retrospective level of life`s orientations is formed in the axis of life time “from the present to the past”.
Keywords: subject, social comparison, life strategies, reproduction, system, value, life choice.
Bibliographic list of articles
1. Aslanov Ya. A. Political socialization of youth as a sociocultural phenomenon // Bulletin of the South Russian State Technical University (NPI). Series: Socio-economic sciences. – 2023. – T. 16. No. 4. – P. 25-37.
2. Baubekova G. D., Nagymzhanova K. M., Zhantikeev S. K., Raushanova I. M. Development and socialization of personality in the family // Innovative development: the potential of science and modern education / Ed. ed. G. Yu. Gulyaeva. – Penza, 2022. – pp. 175-185.
3. Gordeev K. S., Dubrovin N. A., Ermolaeva E. L., Zhidkov A. A., Ilyushina E. S. Concept, factors and mechanisms of socialization // Humanitarian Research. – 2021. – No. 5 (117). – pp. 108-110.
4. Malkevich A. A. Socio-political portrait of Russian youth // Eurasian Scientific Review. – 2023. – No. 1 (6). – pp. 65-73.
5. Pilipenko E. V. Dynamics of the use of free time by student youth // Modern youth and society. – 2023. – No. 11. – P. 29-34.
6. Salikhov G. G. The importance of Yu. Balasagunsky’s creativity in the spiritual development of Turkic peoples in the context of global challenges // Culture, creativity and innovation for sustainable development: materials of the All-Russian scientific and practical conference (Ufa, April 27, 2023) / Rep. ed. L. A. Itkulova. – Ufa: RIC UUNiT, 2023. – pp. 195-202.
7. Salikhov G. G. Man of the era of globalization / G. G. Salikhov; scientific editor B. S. Galimov. Monograph. – M.: Nauka, 2008. – 560 pp.
8. Salikhov, G. G. Man in a globalizing world: socio-philosophical analysis: dis. … doc. Philosopher Sciences: 09.00.11. – Ufa, 2010. – 361 p.
9. Sakhavchuk N.V. The phenomenon of socialization in scientific foreign concepts of personality development: theoretical aspect // Bulletin of the Academy of Civil Defense. – 2021. – No. 1 (25). – pp. 144-149.
PHILOSOPHY. RIGHT. SOCIETY
PECHERINA Ekaterina Andreevna
postgraduate student of the Novosibirsk State University of Economics and Management
VALUE CONFLICT OF CHRISTIANITY AND PAGANITY
The purpose of this article is to explore the value differences and similarities between paganism and Christianity. The author’s scientific interest is due to the fact that currently there is increased attention to the study of the beliefs and rituals of the Slavs during pagan times. Today we can say with confidence that most of the particular issues about Slavic paganism have been sufficiently studied, although there are a number of debatable issues regarding the development of a number of important provisions.
Keywords: values, paganism, Christianity, dual faith, social institutions, worldview, Christianization of the population.
Bibliographic list of articles
1. Kolosova I.V. New religious movements in Russia and the CIS // Observer. – 2016. – No. 11 (322). – pp. 19-35.
2. Kulikova E. A. Paganism and Christianity: problems of dual faith. – Sociosphere, 2015. – pp. 5-7.
3. Simonov V.V. General history of the church: from the birth of the Church to the Reformation. – Science, 2017. – 368 pp.
4. Simonov V.V. Christian civilization: system of basic values, forms of organization of knowledge, cultural and social implementation, forecast // World experience and the Russian situation. – 2015. – No. 3. – P. 10-45.
5. Kartashev A.V. Essays on the history of the Russian Church. – Moscow; Berlin: Direct-Media, 2020. – 571 p.
6. Maltseva N. A. The influence of the values of pagan and Christian religion on the genesis of social assistance to “Youths” // Theory and practice of social development. – 2010. – No. 4. – P. 55-59.
7. Hobbes T. Leviathan or matter, form and power. – State socio-economic publishing house, 1936. – 520 p.
8. Danilova (Ginder) V. E. Philosophy of religion. – “Flinta”, 2013. – 536 pp.
9. Shishkova N.V. History and cultural studies. – Logos, 2004. – 213 p.
10. Lukyanov S. A. Witchcraft as a type of religious crime in ancient Russian legislation // Socio-political sciences. – 2017. – No. 4. – P. 64-69.
11. Lukyanov S. A. GoStatehood, Church and Paganism of Ancient Rus’ // Business in Law. – 2009. – No. 2. – P. 58-61.
12. Safronov S. A. Concept of the Christian state of N. A. Berdyaev // Philosophy Sociology. Right. – 2020. – Volume 45. No. 4. – P. 775-780.
13. Berdyaev N. A. The problem of the Christian state // Modern Notes. – 1927. – No. 31. – P. 280–305.
14. Berdyaev N. A. New religious consciousness and the public. – Direct – Media, 2008. – 326 p.
PHILOSOPHY. RIGHT. SOCIETY
SHAKHMAMEDOV Karim Anvarovich
master of Islamic Law, doctoral student of the Bulgarian Islamic Academy, Republic of Tatarstan, Bolgar
DIFFERENCES BETWEEN ISLAMIC AND MATERIALIST VIEWS OF THE FAMILY, BY THE EXAMPLE OF THE TEACHINGS OF K. MARX AND F. ENGELS
This article explores the differences between Islam and materialist views on the family, using examples from the teachings of philosophers and sociologists K. Marx and F. Engels. In the context of Islam, family relationships are seen as natural and important, expressing the natural qualities of a person. While the materialistic perspective emphasizes the social and economic factors that play a role in family structure. Analysis of these approaches helps to identify differences in the perception and regulation of family relationships in two different views.
Keywords: Islam, materialism, family, views, differences.
Bibliographic list of articles
1. Marx K. and Engels F. Works / Institute of Marxism-Leninism under the CPSU Central Committee. State publishing house of political literature. Moscow: Publishing house. 2, 1961.
2. Marx K. and Engels F. Works: in 39 volumes. Volume 2. Second edition. Moscow: Publishing House of Political Literature, 1955-1974. 651. p.
3. Marx K. and Engels F. Works: in 39 volumes. Volume 3. Second edition. Moscow: Publishing House of Political Literature, 1955. 629 p. [Electronic resource]. – Access mode: https://www.marxists.org/russkij/marx/cw/t03.pdf
4. Marx K. and Engels F. Works: in 39 volumes. Volume 20. Second edition. Moscow: Publishing House of Political Literature, 1955-1974. 827 pp. [Electronic resource]. – Access mode: https://www.marxists.org/russkij/marx/cw/t20.pdf
5. Marx K. and Engels F. Works: in 39 volumes. Volume 21. Second edition. Moscow: Publishing House of Political Literature, 1955-1974. State publishing house of political literature. Moscow: Publishing house. 2, 1961. 745 p. [Electronic resource]. – Access mode: https://www.marxists.org/russkij/marx/cw/t21.pdf.
6. Koran, translation of meanings / Kuliev E. R. M.: Umma Publishing House, 2007. 688 pp.
7. Koroleva T.V. Women’s movement during the Great French Revolution // Metamorphoses of history. 2002. No. 2. P. 170-186.
8. Chronicles of Marxism / Institute of K. Marx and F. Engels. Moscow; Leningrad: State. publishing house, 1926-1930. Vol. 3. 1927. 159 p.
9. Ryazanov D. B. Views of Marx and Engels on marriage and family. B. Moscow: Young Guard, 1927. 68 p.
10. Engels F. On the situation of the working class in England. 1845. 651 p. [Electronic resource]. – Access mode: https://altkprf.ru/upload/iblock/e00/e003688f15c616416121ca8059fb95d1.pdf.
11. Al-Aqqad, Abbas Mahmoud Al-Insan fi al-Quran, Hindawi Foundation for Education and Culture, Egypt, 2012. 162 pages.
12. Al-Hayt, Rula Mahmoud. Al-Mufardat al-Qur’aniyya fi Mawdu’i al-Usra: Dalalatuha al-Fiqhiyya wa Imtidaduha al-Ijtima’i. Rula Mahmoud Al-Hayt, Al-Usra al-Muslima fi Zill al-Taghayurat al-Mu’asira. Al-Ma’had al-Alami lil-Fikr al-Islami; Amman: Dar al-Fath, 22nd ed., 1436 H / 2015 AD. pp. 23-56.
13. Al-Najjar, ‘Abd al-Majyd ‘Aqeedat takreem al-insan wa atharaha al-tarbiy, majallah al-Muslim al-Mu’asir, Lubnan. 1994. No. 72/71. (in Arabic)
14. Al-Qabbanji, Sadr al-Din, Islam and the Problems of Modernity, Islamic University, Najaf al-Ashraf, ed. 1, 1430. 162 pages.
15. Al-Rifai, Samira Abdullah. Al-Muathirat al-Fikriyya fi al-Tarbiyya al-Usra’iyya wa Subul Muwajahatiha: Tayarat al-Darwiniyya al-Ijtima’iyya wa Qiyam Ma Ba’d al-Hadatha Namudhajan. Samira Abdullah Al-Rifai, Al-Usra al-Muslima fi Zill al-Taghayurat al-Mu’asira. Al-Ma’had al-Alami lil-Fikr al-Islami; Amman: Dar al-Fath, 22nd ed., 1436 H / 2015 AD. pp. 575-611.
16. Hassouah, Maher Hussein. Maqasid al-Usra wa Usus Bina’iha fi al-Ru’ayat al-Islamiyya. Maher Hussein Hassouah. Al-Usra al-Muslima fi Zill al-Taghayurat al-Mu’asira. Al-Ma’had al-Alami lil-Fikr al-Islami; Amman: Dar al-Fath, 22nd ed., 1436 H / 2015 AD. pp. 181-216.
PHILOSOPHY. RIGHT. SOCIETY
YAGUDIN Fanur Taipovich
postgraduate student of the Ufa State Petroleum Technical University
SOCIO-CULTURAL FACTORS OF COGNITIVE DISSONANCE IN THE SUBJECT OF COGNITION
The article is devoted to the sstudy of socio-cultural factors in the emergence of cognitive dissonance in the subject of cognition. The problem of cognitive dissonance is revealed on the basis of an analysis of the nature of human cognition and its boundaries, the essence of human thinking, the perception of objective reality, the formation of knowledge and the development of behavioral strategies. The role of the media, mass culture and education in the emergence of value contradictions in a social subject, causing cognitive dissonance in the process of cognitive activity, is shown.
Keywords: social subject, cognitive dissonance, values and value orientations, media, mass culture.
Bibliographic list of articles
1. Vildanov Kh. S. Motivational structure of human behavior: social and pedagogical aspect // Modern problems of science and education. – 2016. – No. 3. – P. 214.
2. The latest philosophical dictionary. – Minsk: Book House, 1999.
3. Festinger L. Theory of cognitive dissonance / Transl. from English A. Anistratenko, I. Znaesheva. – St. Petersburg: Yuventa, 1999. – 318 p.
4. Vildanov Kh. S., Kubagusheva G. R., Yurochkin D. M. The role of the media in the formation of values and value orientations // Kazan Science. – 2013. – No. 11. – P. 183-185.
5. Vildanov Kh. S., Kunafina G. A. The influence of organized leisure on the socialization of youth // In the collection: Science today: theory and practice. Collection of scientific papers of the international correspondence scientific and practical conference. Ufa State University of Economics and Service. – 2015. – pp. 165-167.
PHILOSOPHY. RIGHT. SOCIETY
ISMAILOV Nurmagomed Omarovich
Ph.D. in philosophical sciences, associate professor, associate professor of Humanitarian sciences sub-faculty of the Financial University under the Government of the Russian Federation
SOCIAL JUSTICE AS A RIGHT OF FREE ACTIVITY
The subject of the study is social justice as a human right to free work, to free activity in general. The issues of free activity of an individual in the context of the problem of justice require its deeper research in connection with serious changes in the socio-economic and political-legal spheres of society. The State as a political organization should serve as the most important goal for the individual in the sense that it should provide a person with his natural rights, which he possesses by nature, through positive law. The author investigates the problem of social justice and free activity of the individual in the context of the interrelation of all spheres of human life, using also the principle of development, the principle of historicism, axiological approach. The novelty of the study lies in the author’s interpretation of the right of free activity as the most important moment in the definition of social justice, among other important aspects.
Keywords: social justice, freedom, responsibility, equality, law, natural law, personality, work, activity, interests.
Bibliographic list of articles
1. Akhmedova M. G. On the issue of sustainable development of society // Philosophy and Society. – 2022. – No. 3 (104). – P. 40-55.
2. Bayanov K.R. Prospects for socio-technical development of Russia: problems of methodology // Philosophy of Economics. – 2010. – No. 3 (69). – pp. 160-166.
3. Bilalov M.I. Civil society in the era of globalization (USA and Russia) // Humanities and socio-economic sciences. – 2005. – No. 1 (16). – pp. 169-172.
4. Gorky M. Collected works in thirty volumes. T. 17. Stories, essays, memories 1924-1936. – M.: State Publishing House of Fiction, 1949. – 112 p.
5. Ismailov N. O. On the issue of the relationship between justice and morality // Humanitarian and socio-economic sciences. – 2010. – No. 1 (50). – pp. 25-29.
6. Ismailov N. O. John Rawls’s concept of justice // Philosophy and culture. – 2014. – No. 3 (75). – P. 350-361.
7. Ismailov N. O. A Just Society as a Project for the Future in the Philosophy of A. M. Kovalev // Politics and Society. – 2014. – No. 3 (111). – pp. 277-286.
8. Ismailov N. O. Justice as the right to free labor // Humanitarian and socio-economic sciences. – 2007. – No. 6 (37). – pp. 33-37.
9. Köpetsi B. Neoconservatism and the “new right”. – M.: Politizdat, 1986. – 342 p.
10. Lokhov S. A., Mamchenkov D. V. The meaning of life in modern materialism // Questions of philosophy. – 2023. – No. 5. – P. 192-201.
11. Nesterov O. G. Post-labor society: synthetic freedom and work ethics // Questions of philosophy. – 2023. – No. 2. – P. 79-88.
12. Hayek F. Pernicious arrogance. – M.: News, 1992. – 302 p.
13. Ambrusne E. T. The Parliamentary Commissioner for Future Generations of Hungary and Its Impact // Intergenerational Justice Review. – 2010. – Vol. 10. No. 1. – P. 18-24.
14. Cowen T. Caring about the Distant Future: Why It Matters and What It Means // The University of Chicago Law Review. – 2007. – Vol. 74. No. 1. – P. 5-40.
15. Rawls J., A Theory of Justice // “Social Justice and Distribution”. – New-York, 1978. – P. 18-52.
PHILOSOPHY. RIGHT. SOCIETY
MADZHUGA Anatoliy Gennadjevich
Ph.D. in pedagogical sciences, professor, Head of Pedagogy, psychology and health care sub-faculty of the Institute for the Development of Education of the Republic of Bashkortostan, Ufa
KHAYDAROVA Melana Leonidovna
senior lecturer of Pedagogy and preschool psychology sub-faculty of the Chechen State Pedagogical University, Grozny
RAKHMATULLINA Shaura Mazhitovna
Ph.D. in philosophical sciences, associate professor of Preschool and primary education sub-faculty of the Institute for the Development of Education of the Republic of Bashkortostan, Ufa
SAMOLOVOV Nikolay Alexandrovich
Ph.D. in pedagogical sciences, associate professor of Sports disciplines sub-faculty of the Nizhnevartovsk State University, Nizhnevartovsk
PROFESSIONAL SELF-DETERMINATION OF A PERSON: THE ESSENCE, MECHANISMS AND EMPIRICAL INDICATORS
The article examines the essence of the concept of “professional self-determination”, shows the relationship between professional self-determination and professionalization of personality. The authors pays attention to the characteristics of various types of professional self-determination and the stages of formation of the subject of professional self-determination. In the context of the study, the description of empirical indicators of professional self-determination is presented and the specificity of its mechanisms is shown based on the patterns of professional personality development in various periods of ontogenesis. Based on the theoretical analysis of the literature on the research problem, the definition of “professional self-determination” has been clarified.
Keywords: professional self-determination, professional self-awareness, professional development, labor subject, empirical indicators, professional orientation, crisis of professional choice.
Bibliographic list of articles
1. Batyreva M.V. The process of professional self-determination of urban youth. Author’s abstract. dis. …cand. sociol. Sci. – Tyumen, 2003. – 25 p.
2. Bodrov V. A. Psychology of professional suitability. Textbook for universities. – M.: PER SE, 2001. – 511 p. – (Modern education).
3. Druzhinin V. N. Psychology: a textbook for humanitarian universities. – St. Petersburg: Peter, 2001. – 656 pp.
4. Zeer E.F. Psychology of professions. – M.: Academic Project, 2008. – 336 p.
5. Zeer E.F., Symanyuk E.E. Crises of professional development of personality // Psychological journal. – 1997. – Volume 18. No. 6. – P. 35-44.
6. Klimov E. A. Psychology of a professional. M.: Publishing house “Institute of Practical Psychology”. – Voronezh: NPO “MODEK”. – 1996. – 400 p.
7. Markova A.K. Psychology of a professional. – M., 1996. – 308 p.
8. Samukina N.V. Psychology and pedagogy of professional activity. – M.: Association of Authors and Publishers “Tanem”. EKMOS Publishing House, 1999. – 352 pp.
9. Slobodchikov V.I. Anthropological meaning of transition crises in development and education // Psychology of education. – 2008. – No. 1. – P. 4-25.
10. Pomazkova I. S. Professional self-determination of Russian youth in conditions of social uncertainty // Author’s abstract. …cand. sociol. Sci. – Rostov-on-Don, 2011. – 33 p.
11. Professional self-determination of schoolchildren: experience, traditions and innovations: materials of the II All-Russian scientific and practical conference (with international participation), November 3, 2023 / Ministry of Science and Higher Education of the Russian Federation [etc.]: compiler, scientific editor N. V. . Abramovsky. – Surgut: RIO BU “Surgut State Pedagogical University”, 2023. – 134, [1] p.
12. Pryazhnikov N. S. Career guidance at school: games, exercises, questionnaires (grades 8-11). – M.: VAKO, 2005. – 288 p.
13. Starostina N. N. Professional self-determination as an important component of professional socialization of the individual // Scientific Review. Pedagogical sciences. – 2017. – No. 5. – P. 174-177.
14. Yumatova I. I. Dynamics of professional self-determination of students (on the example of a pedagogical university): Abstract. dis… cand. psychol. Sci. – Rostov-on-Don, 2000. – [Electronic resource]. – Access mode: http://www.dissercat.com/content/dinamika-professionalnogo-samoopredeleniya-studentov-na-primere-pedagogicheskogo-vuza (date of access: 03/12/2024).
SPEECH AT THE CONFERENCE
MATSKEVICH Igor Mikhaylovich
Rector of the University of the Prosecutor’s Office of the Russian Federation, State Adviser of Justice of the 3rd class, Honorary employee of the Prosecutor’s Office of the Russian Federation, Ph.D. in Law, professor, Honored Scientist of the Russian Federation, Honorary Worker of higher professional Education of the Russian Federation, laureate of the Government of the Russian Federation in the field of education
DISSERTATION RESEARCH ON ISSUES OF PROSECUTORIAL ACTIVITY AND NOT ONLY
Presentation at the International Scientific and Practical round table “Preparation and defense of qualifying scientific papers (dissertations): current issues of legal regulation and law enforcement practice”. Minsk on April 3, 2024.
Keywords: prosecutorial activity, dissertation, research.
Bibliographic list of articles
1. Matskevich I.M. Once again about the two-level system of awarding academic degrees // Legal education and science. – 2013. – No. 2. – P. 2-13.
2. Alferov Zh. I. Science and society. – St. Petersburg, 2013. – P. 303.
G. V. Kukhtin:
BRICS countries: development strategies and mechanisms of interaction and cooperation
Interview with the co-founder, Co-Chairman of the International Public Movement “Russian Peace Service”, Vice-President of the Fund for Assistance in the Development of the Middle East “Euro-Asian Integration and Cooperation” (Fund “EurAsis”) , member of the “Friendship Society with Austria” Kukhtin Gennadiy Vitaljevich.
INTERNATIONAL LAW
ALIEVA Madina Nizamovna
Ph.D. in Law, associate professor of Constitutional and international law sub-faculty of the Dagestan State University, Makhachkala
GASANOVA Elina Velimetovna
magister student of the 2nd course of Constitutional and international law sub-faculty of the Dagestan State University, Makhachkala
LEGAL REGULATION OF THE PROTECTION OF CULTURAL PROPERTY IN INTERNATIONAL LAW
This scientific article presents a study and analysis of the legal regulation of the protection of cultural property in the context of international law. The article summarizes the main international norms, conventions, treaties and practices related to the protection of the cultural heritage of mankind, including the UN Convention for the Protection of the Cultural and Natural Heritage of Mankind (1972) and other key documents. The main focus is on the mechanisms established by international law aimed at preventing the destruction and illicit trafficking of cultural property, including their return to historical places of origin. The article analyzes the challenges facing the international community in the field of cultural heritage protection, such as conflicts, natural disasters, terrorism and trade in illegal artifacts. The article also examines the importance of cooperation between States, international organizations and the public for the effective protection and preservation of cultural heritage.
Keywords: international law, protection, cultural values, regulations, prevention, cooperation, conservation.
Bibliographic list of articles
1. Ageev O. G. Legal regulation of the protection of cultural heritage objects and their export abroad of the Russian Federation // Russian State Studies. – 2019. – No. 1. – P. 43-65.
2. Kuzina A. A. Protection of cultural heritage: international and Russian experience // Theoretical and practical aspects of the development of science in the modern world: collection of articles of the international scientific conference, St. Petersburg, March 17, 2023. – St. Petersburg: Private scientific and educational institution of additional professional education National Humanitarian Research Institute “NATSRAVITIE”, 2023. – P. 69-74.
3. Matskevich E. A. International legal protection of cultural values and problems of its improvement // Domestic jurisprudence. – 2019. – No. 3 (35). – pp. 30-34.
4. Sanzharov S. N. International legal aspects of the protection of cultural heritage // Problems of law: theory and practice. – 2019. – No. 47. – P. 39-51.
5. Kholikov I.V., Shishko A.A. Formation of international legal protection of cultural values in the event of an armed conflict // Military Law. – 2021. – No. 6 (70). – pp. 326-334.
INTERNATIONAL LAW
KLYACHIN Vyacheslav Matveevich
Ph.D. in Law
INTERNATIONAL LEGAL FEATURES OF PROTECTION OF NUCLEAR POWER FACILITIES FROM THREATS OF POLITICAL EXTREMISM
The article reveals the problems of international nuclear law in the field of ensuring protection from threats of political extremism to nuclear energy and industrial facilities. The features of the manifestation of political extremism and nuclear terrorism in modern conditions at radiation and nuclear hazardous facilities are formulated. An analysis of international legal acts related to the problem of political extremism in international nuclear law is given.
Keywords: nuclear law, political extremism, safety of nuclear power facilities.
Bibliographic list of articles
1. Universal Declaration of Human Rights. (Adopted and proclaimed by the UN General Assembly on December 10, 1948) // Garant. 2024.
2 Convention on the Physical Protection of Nuclear Material (Vienna, October 26, 1979) // Garant. 2024.
3. Charter of the International Atomic Energy Agency (IAEA) (Together with the “Preparatory Committee”) (Adopted on October 26, 1956) (as amended and supplemented on December 28, 1989)
4. Convention for the Suppression of Acts of Nuclear Terrorism (New York, September 14, 2005). // Guarantor. 2024.
5. Vozzhenikov A.V., Vybornov M.A., etc. International terrorism: the struggle for geopolitical domination: Monograph. – M.: Publishing house RAGS, 2005. – P. 57-62.
6. Protocol on coordinated measures for anti-sabotage protection of especially important industrial, transport and communication facilities, warning of possible acts of nuclear, chemical and bacteriological terrorism (St. Petersburg, October 1, 1999); Protocol on cooperation in the field of ensuring the security of strategic facilities (Tbilisi May 31, 1995). CIS Executive Committee.
INTERNATIONAL LAW
SOFJINA Olesya Alexandrovna
postgraduate student of State and international law sub-faculty of the St. Petersburg State Maritime Technical University
MISHALCHENKO Mariya Yurievna
senior lecturer of Civil and commercial law sub-faculty of the St. Petersburg State Maritime Technical University
INTERNATIONAL AND PUBLIC LEGAL ASPECTS OF ENSURING NATIONAL SECURITY OF THE USE OF THE NORTHERN SEA ROUTE
The article is devoted to the consideration of the legal regime of the Northern Sea Route in modern conditions. Russia’s Arctic policy is determined by both the domestic and foreign policies of the Russian Federation in relation to the Russian Arctic region. Upholding the interests and maintaining the status of the Northern Sea Route as “the historically established national unified transport communication of Russia in the Arctic”, its active use in the project of an international transport zone controlled by the Russian Federation, which will stretch along the entire Arctic coast from Murmansk to Kamchatka. The Arctic region, with its enormous economic potential, is also of strategic importance for our country. The article provides a description of the features of the legal status of inland waters, the exclusive economic zone of the Russian Federation in the context under consideration. The possibilities of alternative conditions for partnership in the Arctic are shown, including attracting investments from the BRICS countries, and proposals for taking measures to ensure the environmental safety of the region are considered, in particular, tightening penalties for violations of legislation on environmental offenses committed in the Arctic zone.
Keywords: international law, public law, the arctic council, national security, the 1982 United Nations Convention on the law of the sea legal regulation, maritime security, international sanctions.
Bibliographic list of articles
1. Arctic region: problems of international cooperation. Reader in 3 volumes. Volume 3. Applicable legal sources. Ch. ed. I. S. Ivanov. Scientific ed. A. N. Vylegzhanin. M., 2013. 662 pp.
2. Gutsulyak V. N. International maritime law (public and private). M.: Border, 2017.
3. Zhudro I. S. International legal regime of the Arctic Ocean in the context of globalization. Probable risks and threats to the national security of the Russian Federation in the Arctic // Army and Society. 2015. No. 1 (44). pp. 7-13.
4. Kolodkin A.L., Gutsulyak V.N., Bobrova Yu.V. The World Ocean. International legal regime. Main problems. M.: Statute, 2007. 637 p.
5. Skaridov A. S. Right to ice water storage facilities // International Law. 2019. No. 3. P. 67-76.
6. Titushkin V. Yu. On the issue of the external boundaries of the continental shelf of the Russian Federation in the Arctic. International maritime law. Articles in memory of A. L. Kolodkin. M., 2013. pp. 223-252.
INTERNATIONAL LAW
SHUVANOV Stanislav Alexandrovich
Honorary diplomat of Russia, Head of the special mission in Angola from 1987 to 1993
ANTI-GOVERNMENT REBELLION IN ANGOLA IN 1992 – THE ROLE OF THE RUSSIAN EMBASSY
The war in Angola was long and bloody. Not only neighboring states, but also the largest powers in the world were involved in the military-political confrontation in this African country inhabited by different conflicting ethnic groups. The civil war did not spare the Soviet Union either. Perhaps it was in Angola that the largest contingent of Soviet military specialists was involved. In fact, another front line of the Soviet-American confrontation passed in the jungles of Angola. The reasons that prompted the world’s major powers to show such a keen interest in the distant African country were the strategic position of Angola – one of the largest states in Africa south of the equator, and the rich natural resources that abound in the depths of Angola .
This article focuses on a captivating period in the history of Russia-Angola relations when UNITA, a military and political group headed by Jonas Savimbi, mounted a military mutiny in Luanda, the country’s capital, and other major cities to seize power by force in anticipation of its defeat in the 1992 general election. It is during these troubled days that the government troops from the People’s Armed Forces for the Liberation of Angola (FAPLA) demonstrated their courage, military excellence and political judgment. The same applied to the special forces and the country’s political leadership who had all benefited from many years of training by Soviet and later Russian military instructors and political mentors. The article presents the views of its authors who were directly involved in these events, fi nding themselves at the center of the standoff between UNITA and the ruling MPLA-Labor Party. All the agencies and services in the Embassy coordinated their actions on the Embassy premises, as well as across various parts of the city. By doing so, they succeeded in providing the Ambassador with updates from various sources, enabling the mission to report the developments in the country to Moscow in real time.
The article stresses the need to ensure that staff members at Russian missions abroad are ready to face challenging and non-standard circumstances that may occur during government coups or in other extraordinary situations in a given country.
Keywords: Angola, J. Savimbi, anti-government revolt of UNITA, MPLA – Labor Party, foreign establishment.
INTERNATIONAL LAW
FARKHUTDINOV Insur Zabirovich
Ph.D. in Law, leading researcher of the Institute of State and Law of the Russian Academy of Sciences
WHO WAS THE PATRIARCH OF INTERNATIONAL LAW: ALBERICO GENTILI OR HUGO GROTIUS?
The article is dedicated to the great thinkers of the early modern era. Alberico Gentili was one of the most famous predecessors of the founder of international law – the Dutchman Hugo Grotius. The historical significance of the famous Dutch lawyer lay in the fact that in the age of endless wars, accompanied by looting and ruin, he tried to theoretically justify and protect bourgeois property and at the same time introduce war into the framework of legal norms.
The three-volume work that made Grotius famous – “On the Law of War and Peace” (“De jure belli ac pacis”, 1625) proceeded from the right of property as a “natural right” of man, a right “dictated by common sense, i.e. .by nature.” Thus, Hugo Grotius, having actually founded the law of armed conflicts, set out the theoretical foundations of international law, and this is the enormous significance of his work.
Keywords: Hugo Grotius, Alberico Gentili, international law, law of armed conflicts.
Bibliographic list of articles
1. Kopelev D. N. The colonial expansion of European powers and the phenomenon of maritime robbery in the XVI – first third of the XVIII century. 2014.
2. Farkhutdinov I.Z. American doctrine of a preventive strike from Monroe to Trump: international legal aspects. M.: Infra-M, 2021. pp. 110-121.
3. Grinin L. E. World order in the past, present and future // History and modernity. 2016. Issue No. 1 (23).
4. Farkhutdinov Insur. The Mysterious and Obvious in American Diplomacy: From Monroe to Trump. Cambridge Scholars Publishing. 2020. 1.1. Ecumene: hemispheric imaginings in international law. P. 6-9.
5. Farkhutdinov I.Z. “Battle of the books.” “The Doctrine of the Two Spheres.” The emergence of the concept of free navigation – the main catalyst for the formation of international law // Eurasian Legal Journal. 2023. No. 11. pp. 23-27.
6. Gretchen Murphy. Hemispheric Imaginings: The Monroe Doctrine and Narratives of the U.S. Empire. Durham: Duke University Press. 2005. P. 2.
7. Grotius H. The Free Sea. Indianapolis: Liberty Fund, 2004. [Electronic resource]. – Access mode: http://oll.libertyfund.org/titles/859 (access date: 12/20/2014).
8. Armitage D. The emotional origins of the British Empire. Cambridge: University Press, 2001.
9. Volkov S. With a pen and a sword for a free sea. Century XVII // International life. 2009. No. 2. P. 6-7.
10. See: Baskin Yu. A., Feldman D. I. History of international law.” M., 1990; Butkevich O. V. At the origins of international law. M., 2008.
11. Grabar V. E. Hugo Grotius and Alberico Gentili as representatives of two directions in the science of international law // News of the USSR Academy of Sciences. Department of Economics and Law. 1946. No. 1.
12. Volkov S. Yu., Saunina E. V., Fedyushkina A. I. Political and legal doctrine of Hugo Grotius in the curriculum of Russian universities: historical and theoretical aspects // Integration of Education. 2015. T. 19. No. 3. P. 43-51.
13. Knight W. M. The life and works of Hugo Grotius. London, 1925. P. 36-37.
14. Murzaeva A. A. Hugo Grotius as a theorist of the Dutch expansions of the second half of the 17th century // Ethics of War and Peace: History and Research Prospects. Under. ed. Kashnikova B. N., Kumankova A. D. St. Petersburg: Aletheya, 2016. P.27-30.
15. Van der Pol R. On important facts in the activities of the Dutch jurist Hugo Grotius // Legal forms of experiencing history: practices and limits. Collective monograph. SPb.: Ros. state University of Justice, 2020. pp. 81-92.
16. Hugo Grotius. The Rights of War and Peace. Translator: A. C. Campbell.2014. Produced by Charlie Howard and the Online Distributed. Internet Archive / American Libraries.
17. Butkevich V. G. Political and legal views of Hugo Grotius // The Soviet State and Law. Moscow: Nauka, 1984. No. 9. P. 81.
18. Grotius G. On the law of war and peace. M.: Ladomir, 1994. P. 6-38.
19. Farkhutdinov I. Z. F. Evolution of international law – from Westphal to Versailles: monograph. Moscow: INFRA-M, (Scientific Thought) 2024. 446 pp.
20. Ruddy Francis. St. International Law in the Enlightenment: The background of Emmerich de Vattel’s Le Droit des Gens. N.Y., 1975. P. 13.
INTERNATIONAL LAW
BATTALOVA Elina Igorevna
assistant of International and integration law sub-faculty of the Institute of Law of the Ufa University of Science and Technology
COOPERATION BETWEEN THE RUSSIAN FEDERATION AND THE UNITED ARAB EMIRATES IN THE SCIENTIFIC AND EDUCATIONAL SPHERE
The article is devoted to the cooperation between the Russian Federation and the United Arab Emirates in the scientific and educational sphere. Over the past decade, both states have shown interest in developing and strengthening cooperation in this area. Branches of Russian universities are being opened in the UAE, agreements on scientific cooperation between Russian and Emirati universities are being signed, and the number of students participating in academic mobility programs is growing.
Keywords: Russian Federation, United Arab Emirates, cooperation in the educational sphere, academic mobility.
Bibliographic list of articles
1. Nigmatullin R.V. Middle Eastern vector of the oil and gas strategy of the Russian Federation // Eurasian Legal Journal. – 2020. – No. 12 (151). – pp. 18-21.
2. Domnina M. M. Assessing the prospects of the educational services market of the United Arab Emirates for Russian universities // Bulletin of Science. – 2023. – No. 6 (63). – pp. 52-61.
3. Jana M. Kleibert, Alice Bobée, Tim Rottleb and Marc Schulzeformat. Transnational education zones: Towards an urban political economy of ‘education cities’ // Urban Studies. – 2021. – No. 58 (14). – P. 2845-2862.
4. Rostovskaya T.K., Skorobogatova V.I., Selivanov L.I., Chernikova A.A. Demand for Russian educational programs of higher education in the global market of educational services // Bulletin of the South Russian State Technical University (NPI). Series: Socio-economic sciences. – 2023. – T. 16. No. 3. – P. 102-111.
5. Export of Russian educational services: Statistical collection. Issue 2 / Ministry of Education and Science of the Russian Federation. – M.: TsSPiM, 2009. – 356 p.
6. Nigmatullin R.V., Suleymanova R.R., Nazarzoda B.R. On the prospects for cooperation between the Russian Federation and the Republic of Tajikistan in the field of education // Eurasian Legal Journal. – 2023. – No. 8 (183). – pp. 19-22.
7. Nigmatullin R.V., Suleymanova R.R. Cooperation between the Russian Federation and the Republic of Belarus in the scientific and educational sphere // Legal foundations of the political and socio-economic integration of the Union State of the Russian Federation and the Republic of Belarus: Materials of the International Scientific and Practical Conference, Ufa , June 26-27, 2023. – Ufa: Research Institute for Problems of the Rule of Law, 2023. – P. 59-71.
8. Regional branding: from theory to practice / R. R. Suleymanova, R. V. Nigmatullin, E. N. Yamalova [etc.]; edited by R. R. Suleymanova. – Ufa: Bashkir State University, 2022. – 164 p.
INTERNATIONAL LAW
MAKSENOV Igor Romanovich
postgraduate student of International law sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
INTERNATIONAL LEGAL ISSUES OF FLOATING NUCLEAR POWER PLANTS IN THE CONTEXT OF ACHIEVING THE SDGS 7
This article focuses on the challenges of using floating nuclear power plants (FNPPs) in achieving SDG 7. It analyzes the international legal acts regulating the use of nuclear power sources for peaceful purposes, as well as the use of nuclear vessels. The article also examines the current challenges and threats associated with the use of PATPPs and emphasizes the importance of coordinating efforts on the international legal regulation of nuclear power sources for sustainable development, with a view to improving the efficiency and safety and use of this type of energysource. It concludes with recommendations for the further development and transformation of international law on the peaceful uses of innovative nuclear energy sources. The main problems and shortcomings of the existing international treaties regulating this field are highlighted.
Keywords: FNPP, SDGs, nuclear safety, nuclear ships, nuclear power plants, nuclear power sources.
Bibliographic list of articles
1. Kozhevnikov K.K. Environmental and legal support for nuclear safety of nuclear energy facilities: dissertation … candidate of legal sciences: 12.00.06; [Place of protection: Moscow. state legal acad. them. O. E. Kutafina]. – Moscow, 2015. – 217 p.
2. Leonova O. A. International legal problems of ensuring nuclear safety // Current problems of modern international law. – M.: RUDN Publishing House, 2009. – P. 109-113.
3. Zavgorodniy V. S., Ganenkov E. O. Modern problems of international legal regulation of the peaceful use of nuclear energy // Modern international law and scientific and technical progress. – M.: RUDN Publishing House, 2012. – P. 75-83. – ISBN 978-5-209-04602-8.
4. Kopylov S. M. Development of international legal cooperation in the field of renewable energy sources in the context of sustainable energy and energy efficiency // Education and Law 2016. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/razvitie-mezhdunarodno-pravovogo-sotrudnichestva-v-sfere-vozobnovlyaemyh-istochnikov-energii-v-kontekste-ustoychivoy-energetiki-i/viewer (access date: 27.02 .2024).
5. Cook H. International Nuclear Law: Nuclear Safety, Emergency Response and Nuclear Liability. Asia-Pacific Disaster Management. – 2013. – [Electronic resource]. – Access mode: http://dx.doi.org/10.1007/978-3-642-39768-4_14 (access date: 02/27/2024).
INTERNATIONAL LAW
ONASENKO Alexander Alexandrovich
magister student of the Faculty of Law of the Lomonosov Moscow State University
THE LEGAL NATURE OF UNILATERAL RESTRICTIVE MEASURES
The article examines the legal nature of unilateral restrictive measures. The author notes that today the number of unilateral restrictive measures is steadily increasing, which creates a new, previously unparalleled instrument of influence on various areas of international relations, including trade. Such unilateral restrictive measures, which go beyond the framework of international law and WTO rules, undoubtedly create new challenges and threats to international relations. The author also notes that it is important to distinguish unilateral restrictive measures from countermeasures. Countermeasures in international law can be recognized as legitimate only if there are those criteria that are enshrined in the Draft articles on the responsibility of States for internationally wrongful acts, thus unilateral restrictive measures cannot be identified with the concept of countermeasures.
Keywords: unilateral restrictive measures, sanctions, countermeasures, coercive measures, Draft articles on liability, WTO, GATT, GATS.
Bibliographic list of articles
1. Strachko V. O., Metelskaya K. A. Sanctions and their types in international law // Ideas of the rule of law in the legal doctrine and constitutional practice of Belarus: history and modernity: materials of the international scientific and theoretical conference of students, undergraduates, graduate students (Minsk , November 27-28, 2014). – Minsk: Ecoperspective, 2014. – P. 173-174.
2. Bakhin S.V., Eremenko I.Yu. Unilateral economic “sanctions” and international law // Law. – 2017. – No. 11. – P. 162-175.
3. Negmatova T. M. Classification of international sanctions and criteria for their legitimacy // Bulletin of the Tajik National University. – 2018. – No. 5. – P. 99-108.
2. Kritsky K.V. Sanctions and unilateral restrictive measures in modern international law: dis. …cand. legal sciences; Moscow State Institute of International Relations. – Moscow, 2019. – 226 pp.
3. Tolstykh V. L. Course of international law. – Moscow: Prospekt, 2018. – 734 p.
4. Kadysheva O. V. Doctrinal aspects of unilateral restrictive measures and prospects for challenging them within the WTO // Law. – 2022. – No. 8. – P. 71-81.
5. Oppenheim L. International Law. – London, 1952. – Vol. II. – 34 rub.
INTERNATIONAL LAW
SHVETSOV Vadim Vitaljevich
assistant of International and integration law sub-faculty of the Institute of Law of the Ufa University of Science and Technology
TO THE QUESTION OF THE LEGAL STATUS OF ILLEGAL CHILDREN IN THE RUSSIAN EMPIRE (HISTORICAL AND LEGAL ANALYSIS)
The subject of this article is the legal status of illegitimate children in the period from the eleventh to the beginning of the twentieth century. Initially, the very fact of birth of an illegitimate child posed a threat to its life, because mothers, in an attempt to conceal this fact often killed such children. Legislation at different periods of its development protected the right to life of illegitimate children, and then the State made it possible to place such children confidentially in appropriate institutions, where it took care of their maintenance and upbringing. Subsequently, the State made it possible to legalise certain categories of illegitimate children. During the period of the Russian Empire, illegitimate children never received equal rights with legitimate children. Children born out of wedlock and married children were equalised in rights only after the establishment of Soviet power.
Keywords: right to life, illegitimate children, children born out of wedlock, descent, children’s rights, protection of children’s rights, children’s rights in the Russian Empire.
Bibliographic list of articles
1. Nigmatullin R.V., Bisyarina A.N. Activities of the Russian state to combat trafficking in minors in the period from 1861 to 1917 (historical and legal analysis) // Eurasian Legal Journal. – 2019. – No. 9 (136). – pp. 110-112. – EDN SXWDYQ.
2. Extensive Russian truth (according to the Trinity list of the second half of the 14th century) [Electronic resource]. – Access mode: http://www.hist.msu.ru/ER/Etext/RP/prp.htm. (date of access: 03/25/2024).
3. Charter of Prince Yaroslav Vladimirovich on church courts. XI-XIII centuries [Electronic resource]. – access mode: http://xn--e1aaejmenocxq.xn--p1ai/node/13620. (date of access: 03/25/2024).
4. Cathedral Code of 1649 (according to the Trinity List of the second half of the 14th century) [Electronic resource]. – Access mode: http://www.hist.msu.ru/ER/Etext/1649.htm (date of access: 03.25.2024).
5. Cherkashina N.V., Lavrentieva T.V. Illegitimate (illegitimate) children of pre-revolutionary Russia: legal aspect // Law and State: Theory and Practice. – 2020. – No. 1 (181). – pp. 194-195. EDN QHJXXE
6. Domestic Notes: A literary, political and scientific magazine, published by A. Kraevsky. – St. Petersburg: B. i., 1860. – T. 132. [Book. 9. Dept. 1-3]. – [Electronic resource]. – Access mode: https://books.google.ru/books?id=HrsGAAAAYAAJ&printsec=frontcover&dq=editions:LCCNsf89090114&lr=&hl=ru&redir_esc=y#v=onepage&q&f=false . (date of access: 03/25/2024).
7. Selyutina E. N. Legal status of illegitimate children in the Russian Empire in the second half of the 19th and early 20th centuries // Bulletin of state and municipal management. – 2015. – No. 1 (16). – pp. 61-68. – DOI 10.12737/11652. – EDN UAWHTL;
8. Krylova A. A. Illegitimate children of nobles in the Russian Empire: rights and social status // Bulletin of the South Ural State University. Series: Social Sciences and Humanities. – 2016. – T. 16. No. 4. – pp. 38-43. – DOI 10.14529/ssh160405. – EDN WTPNNH
9. Zagorovsky A.I., order. prof. Imp. Novoros. University, Doctor of Civil Sciences rights. – 2nd ed., with amendments and additional – Odessa: “Econ.” typ., 1909. – 574 pp.
10. Legitimation and adoption of children: law of March 12, 1891. Considerations from the Council of State and the Ministry of Justice. Practice of judicial places. Commentary notes. Opinions in literature. Applications (samples of petitions and definitions). – [Electronic resource]. – Access mode: https://repo.nspu.ru/handle/nspu/3303. (date of access: 03/25/2024).
11. Melnikova M.P., Komarevtseva I.A. Inheritance rights of illegitimate children: history and modernity // Legal policy and legal life. – 2015. – No. 1. – pp. 84-90. – EDN UKOQDL
12. Decree of the All-Russian Central Executive Committee and the Council of People’s Commissars “On civil marriage, on children and on maintaining books of deeds” dated December 18, 1917 – [Electronic resource]. – Access mode: https://docs.cntd.ru/document/456017706. (date of access: 03/25/2024).
13. Nigmatullin R.V., Bisyarina A.N. Combating trafficking in minors in the Soviet period of the Russian state (historical and legal analysis) // History of State and Law. – 2022. – No. 6. – pp. 31-36. – DOI 10.18572/1812-3805-2022-6-31-36. – EDN YNXTNM
14. Nigmatullin R.V. Cooperation of states in ensuring the safety of the population: textbook. allowance / Ministry of Internal Affairs of Russia. Federations; Ufim. legal int. – Ufa: ON and RIO UYI of the Ministry of Internal Affairs of the Russian Federation, 2004. – 90 s. – ISBN 5-7247-0512-5. – EDN QWILBL.
INTERNATIONAL LAW
BAGEZUOER Dierbai
postgraduate student (International relations) of the St. Petersburg State University
SINGLE ECONOMIC SPACE OF CHINA AND RUSSIA ON THE PRINCIPLES OF SOCIALIZATION AND POLYCENTRISM
The common economic space forms stable economic ties within the framework of international cooperation, which can take various social forms and public manifestations. Polycentrism and the socialization of a single space is what determines the effectiveness of bilateral cooperation between China and Russia and requires constant monitoring and analysis. The object of research is the global economic space. The subject of the study is the single economic space of sovereign powers. The purpose of the study is to explore polycentrism and socialization as the basis for building an effective unified economic space. Cooperation between Russia and China continues in the implementation of joint investment projects and ensures the stability of international economic relations, especially in conditions of high uncertainty about the state and direction of development of the world economy. To further expand investment cooperation between Russia and China, adherence to the key principles of building a common economic space, ensuring the effectiveness of bilateral cooperation, is crucial.
Keywords: international cooperation, economic space, bilateral relations, multipolarity, international space.
Bibliographic list of articles
1. Agosti A. et al. A man between two worlds? Palmiro Togliatti and the Italian communist party // Twentieth Century Communism. – 2009.
2. Safiullin M. R., Elshin L. A. Sanctions pressure on the Russian economy: ways to overcome the costs and benefits of confrontation within the framework of import substitution // Finance: theory and practice. – 2023. – T. 27. No. 1. – P. 150-161. – DOI 10.26794/2587-5671-2023-27-1-150-161. – EDN QFWSBU.
3. Verchenko A. L. China’s promotion of the idea of a “community of a common destiny for mankind” // East Asia: facts and analytics. – 2020. – No. 1. – P. 6-18. – DOI 10.24411/2686-7702-2020-10001. – EDN GDEHEQ.
INTERNATIONAL LAW
WANG Yuhui
bachelor of the Faculty of Global Processes (political direction) of the M. V. Lomonosov Moscow State University
YAMALOVA Elvira Nailevna
Ph.D. in Political Sciences, Head of the Department of Political Science and Public Relations, Acting Vice-Rector for Information Work of the Ufa University of Science and Technology
COMPARATIVE ANALYSIS OF PUBLIC ADMINISTRATION SYSTEMS IN CHINA AND RUSSIA
A comparative analysis of public administration systems is necessary from the position of assessing social effectiveness through an assessment of the shortcomings and advantages of existing systems of national administration, implemented through the function of state power. The object of research is public administration. The subject of the research is national systems of public administration. The purpose of the study is to identify the similarities and differences between public administration systems in China and Russia. The article presents the content and functions of various hierarchical elements of public administration in China and Russia. The similarities and differences between the public administration systems of China and Russia are revealed, with the main element of difference being the absence of a dominant ideology in Russia, which is largely a drawback that weakens the effectiveness of domestic social policy and does not contribute to the centralization and integrity of public opinion.
Keywords: public administration, political institution, representative power, executive power, legislative power.
Bibliographic list of articles
1. Kobzar’-Frolova M. N. O terminakh «gosudarstvennoye upravleniye» i «publichnoye upravleniye» v nauchnykh trudakh, uchebnoy literature i zakonodatel’stve // Pravovaya politika i pravovaya zhizn’. – 2023. – № 2. – S. 87-103. – DOI 10.24412/1608-8794-2023-2-87-103. – EDN PADFVT.
2. Goncharov V. V. Sovremennyye problemy i perspektivy postroyeniya effektivnoy sistemy gosudarstvennogo upravleniya v Kitayskoy Narodnoy Respublike // Sovremennoye pravo. – 2011. – № 3. – S. 127-131. – EDN NEEXUF.
3. Rossinskiy B. V. Ispolnitel’naya vlast’ i gosudarstvennoye upravleniye // Lex Russica (Russkiy zakon). – 2018. – № 7 (140). – S. 24-38. – DOI 10.17803/1729-5920.2018.140.7.024-038. – EDN XULFUL.
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
ANALYSIS OF EU JUDICIAL PRACTICE ON COMPETITION LAW IN THE CONTEXT OF ARTICLE 102 TFEU
This article divides into an in-depth analysis of the European Union’s judicial practice concerning competition law, focusing on the application of Article 102 TFEU, which pertains to the abuse of a dominant market position. The author examines not only the historical development and evolution of how this article has been interpreted by EU courts but also analyzes specific cases and decisions that have significantly influenced the current understanding of antitrust legislation in the EU. Special attention is given to changes in approaches to regulating price competition, predatory pricing, price discrimination, and the application of discriminatory conditions, thereby identifying problematic aspects and contradictions in existing judicial practice. The author provides an overview of methodological approaches used in case analysis and discuss the potential impact of these approaches on the development of competition law in the European Union. In conclusion, recommendations are made for improving legal application practices in the context of globalization and digitalization of the economy, pointing out the necessity of balancing between protecting competition and stimulating and market innovation development.
Keywords: law; antitrust law; EU competition law; article 102 TFEU, European Court of Justice, EU case law.
Bibliographic list of articles
1. Kashkin S. Yu., Zhupanov A. V. Trends in the development of EU antimonopoly policy and competition law within the European economic space // International legal readings. 2013. No. 11. P. 63-80.
2. Meshcheryakova O. M. The EU Court and the prohibition of monopolistic activities of enterprises in EU law // Legal Initiative. 2013. No. 1.
3. Bardakova V. Dominant Position and Concept of Abuse in the European Union // Journal of Eastern European. 2019. Law 70.
4. Bernard K. The AstraZeneca Decision in the General Court: Some Basic Observations and a Few Interesting Questions // Competition Policy International. 2010.
5. Dethmers F. and Dodoo N. The Abuse of Hoffmann-La Roche: The Meaning of Dominance under EC Competition Law // Review of European Competition Law. 2006.
6. Fiedziuk N. Putting services of general economic interest up for tender: Reflections on applicable EU rules // Common Market Law Review. 2013. 50.1.
7. Renato Nazzini. The Foundations of European Union Competition Law: The Objective and Principles of Article 102 (OUP 2011).
8. Geradin D. Loyalty Rebates after Intel: Time for the European Court of Justice to Overrule Hoffman-la Roche // Journal of Competition law & Economics. 2015. 11.3.
9. Moritz Lorenz. An Introduction to EU Competition Law (CUP 2013) 33.
10. Marta Zalewska-Glogowska. The More Economic Approach Under Article 102 TFEU. A Legal Analysis and Comparison with US Antitrust Law (Nomos Verlagsgesellschaft 2017). P. 102.
THEORY OF STATE AND LAW
ARTEMJEVA Irina Vasiljevna
magister student of Theory of law and public law disciplines sub-faculty of the Institute of Law of the Samara State University of Economics
KAREV Dmitriy Alexandrovich
Ph.D. in Law, associate professor of Theory of law and public law disciplines sub-faculty of the Institute of Law of the Samara State University of Economics
INVESTMENT POLICY AS A METHOD OF GOVERNMENT REGULATION
The investment policy of the state is an ambiguous phenomenon that, on the one hand, can have a positive impact on the development of the economy and the market sector of the country, while on the other hand it can have a depressing effect on various spheres and industries. Moreover, determining the directions of investment policy, the state faces an important task to ensure a balance between the interests of society and the state, as well as business entities, etc. Moreover, the correct choice of methods of state management of the market economy in the country’s investment policy can have a positive impact not only on the economic, but also on the social sphere. In this connection, the relevance of this study is justified and the need for a more detailed consideration of the state’s investment policy is determined.
Keywords: investments, public administration, market economy, investment policy.
Bibliographic list of articles
1. Burov V. Yu. Investment policy of the state as an instrument of economic growth // Bulletin of the Transbaikal State University. – 2022. – T. 28. No. 3. – P. 88-95.
2. Zagorets A. R. Features of state participation in investment policy // Theory of law and interstate relations. – 2022. – T. 1. No. 8 (28). – pp. 12-17.
3. Knyazeva A. S., Skachko D. I. Investments and investment policy of the state // In the collection: Integration of Sciences – 2022. Materials of the III International Scientific and Practical Conference. – Krasnodar, 2022. – pp. 264-271.
4. Kondaurova I. A. Investment and fiscal policy as instruments of economic security of the state // Collection of scientific works of the series “Public Administration”. – 2022. – No. 25. – P. 43-51.
5. Filatova O. A. Investment policy of the state: directions and significance // Trends in the development of science and education. – 2019. – No. 49-9. – pp. 37-39.
6. Khadueva Ya. A., Arsimerzueva M. A. Efficiency of the state investment policy and the formation of investmentabout the climate of the region // FGU Science. – 2022. – No. 2 (26). – pp. 133-138.
THEORY OF STATE AND LAW
ARKHIPKIN Igor Valerjevich
Ph.D. in economical sciences, professor of Theory and history of state and law sub-faculty of the Baikal State University, Irkutsk
THE INSTITUTION OF NECESSARY DEFENSE AS A FACTOR OF HUMANIZATION OF LEGAL RESPONSIBILITY
The article examines the institution of necessary defense in the context and humanization of legal responsibility, as well as from the perspective of respect for natural human rights, in particular, the right to life. Attention is focused on the fact that the exclusion of liability in case of necessary defense is due to the fact that the main purpose of the latter is to protect the public interests that are the object of legal protection, as well as the rights, freedoms and legitimate interests belonging to the defending person or third parties, while harming the attacker is a forced measure. It is concluded that the necessary defense represents legitimate harm to an attacker in the process of suppressing the commission of a crime, and the most important condition for the legality and validity of the necessary defense is the absence of exceeding its permissible limits.
Keywords: human rights; humanization of legal responsibility; crime; necessary defense; non-punishability.
Bibliographic list of articles
1. Kornakova S.V. On the issue of the principle of justice // Siberian criminal procedural and forensic readings. – 2014. – No. 2 (6). – pp. 64–70.
2. Jurisprudence: textbook / E. L. Baleeva, T. Yu. Epifantseva [and others]; under general ed. S. V. Kornakova, E. V. Chigrina. – Irkutsk, 2011. – 453 pp.
3. Svirin D. A. On the issue of the concept of necessary defense and its socio-legal nature // Eurasian Advocacy. – 2020. – No. 1. – P. 75–78.
4. Guseinov I. G. Necessary defense as a circumstance excluding the criminality of an act // Bulletin of the Chelyabinsk State University. – 2015. – No. 25. – P. 108-114.
5. On the application by courts of legislation on necessary defense and causing harm when detaining a person who has committed a crime: Plenum of the Supreme Court of the Russian Federation of September 27, 2012 No. 19 (as amended on May 31, 2022) // Bulletin of the Supreme Court of the Russian Federation. – 2012. – No. 11.
6. Gerasimova E. V. On the issue of the conditions for the legality of necessary defense // Current issues in the fight against crime. – 2015. – No. 2. – P. 7-11.
7. Akimochkin V.I. Necessary defense and criteria for its legality (comparative legal analysis) // Bulletin of the Moscow State Linguistic University. Education and pedagogical sciences. – 2017. – No. 1 (770). – pp. 55-72.
8. Adzhimanbetov T. A. Problems of applying the institution of necessary defense: improving the legislative framework // Theology. Philosophy. Right. – 2018. – No. 1 (5). – pp. 52-60.
9. Danilina A. S. Necessary defense as a natural human right // Siberian criminal procedural and forensic readings. – 2020. – No. 4 (30). – pp. 56-66.
10. Noodles V. L. Observance of the rights and freedoms of man and citizen under circumstances excluding the criminality of the act // Siberian criminal procedural and forensic readings. – 2019. – No. 2 (24). – pp. 25-28.
11. Verdict of the Pervomaisky District Court of Rostov-on-Don No. 1-567/2017. [Electronic resource]. – Access mode: https://sud-praktika.ru/precedent/456120.html (date of access: 02/10/2024).
12. Nikulenko A.V. Circumstances excluding criminality of an act: conceptual foundations of legal regulation: abstract. dis. … doc. legal Sci. – St. Petersburg, 2019. – 47 p.
13. Shcherbakov V. A. Kornakova S. V. Judicial discretion in criminal proceedings // Russian judge. – 2018. – No. 10. – P. 18-22.
14. Morozova L. A. Theory of state and law: textbook. – 4th ed., revised. and additional – M.: Eksmo, 2010. – 510 p.
15. Schopenhauer A. On the basis of morality // Free will and morality. – M.: Republic, 1992. – P. 125-258.
THEORY OF STATE AND LAW
VARMUND Viktoriya Vsevolodovna
senior lecturer of Notarization and civil law disciplines sub-faculty of the G. B. Mirzoev Russian University of Advocacy and Notariate
THE CONCEPT AND STRUCTURE OF LEGAL PERSONALITY IN THE THEORY OF LAW
The article provides a legal analysis of the concept of legal personality, examines the structure of legal personality in the context of the legal design of institutions of legal capacity, legal capacity. The interrelation between cognitive processes and the formation of the behavior of subjects in the legal system, material, moral motivation and lawful behavior, the recognition of false and objective information is revealed. Legal personality is considered as an inherent attributive legal quality of a legal subject.
Keywords: legal personality, subject of law, legal capacity, legal capacity.
Bibliographic list of articles
1. Bratus S.N. Subjects of civil law. – M.: Gosyurizdat, 1950.
2. Varmund V.V. Theoretical and legal aspects of legal personality // Scientific works. Russian Academy of Legal Sciences. – Issue 22. – M.: Publishing Group “Lawyer” LLC, 2022.
3. Webers Ya. R. Legal personality of citizens in Soviet civil and family law. – Riga: Zinatne, 1976.
4. Venediktov A.V. State socialist property. – M.: USSR Academy of Sciences, 1948.
5. Vitruk N.V. Problems of the theory of the legal status of the individual in a developed socialist society: dis. … doc. legal Sciences: 12.00.01. – M., 1979.
6. Ioffe O. S. Controversial issues of the doctrine of legal relations // Essays on civil law. Digest of articles. – L.: Publishing house Leningr. univ., 1957. – P. 44.
7. Philosophical Encyclopedia: in 5 volumes. T. 5 / Ch. ed. F.V. Konstantinov. – M.: Sov. Encyclopedia, 1970.
8. Shigabutdinova A. L. Legal personality and implementation of law: dis. …cand. legal Sciences 12.00.01. – Kazan, 2011. – P. 51.
9. Black D. J. On Law and Institutionalization // Sociological Inquiry. – 1970. – No. 40.
10. Genn H. Understanding Civil Justice / Hazel Genn // Current Legal Problems. – 1997. – No. 69.
11. Teruo K. Wellens K. Public Interest Rules of International Law: Towards Effective Implementation. – United Kingdom: Ashgate Publishing Limited, 2009.
THEORY OF STATE AND LAW
DEMIDOV Alexander Vladimirovich
Ph.D. in Law, associate professor, Deputy Head of Theory and history of state and law sub-faculty of the St. Petersburg University of the MIA of Russia
DUSHKINA Ekaterina Vladimirovna
Ph.D. in Law, associate professor of Legal studies sub-faculty of the St. Petersburg State University of Architecture and Civil Engineering
THE MEANING AND UNDERSTANDING OF LAW IN THE CONCEPT OF THE RULE OF LAW
The article considers the formation of the idea of legal statehood, as well as the characteristics of the basic principles and features of the rule of law in its modern understanding.
The political systems of various states are currently described as legal states, law-abiding states, social states, and democratic legal states. It is mainly noted that legal States are characterized by the fact that power is exercised on the basis of principles established by law that regulate the behavior of all subjects. Such a State acts on the basis of the law and within its limits. The above statement corresponds to the understanding of a law-abiding state. The rule of law is formally characterized by functioning on the basis and within the framework of the law, while its substantive dimension means that the law is binding on everyone. This description is not enough to characterize the rule of law in a State governed by the rule of law. It is only a fragment of an even broader concept of a democratic State governed by the rule of law.
Keywords: democratic rule of law, rule of law, legitimacy, legalism, rule of law, principles of a law-abiding state, the principle of trust in the state and the law.
Bibliographic list of articles
1. Fatikhov R. F. Formation of the idea of a legal state in ancient political thought // Humanitarian, socio-economic and social sciences. – 2014. – No. 5-1. – pp. 179-182.
2. Bayishova S. R., Meshcherina Ya. V. Formation of the idea of the rule of law in ancient political thought // Science. Education. Innovations: Current state of current problems: a collection of scientific papers based on the materials of the II International Scientific and Practical Conference, Anapa, April 11, 2022. – Anapa: Limited Liability Company “Research Center for Economic and Social Processes” in the Southern Federal District, 2022. – P. 5-9.
3. Tyugashev E. A. At the origins of the ideologeme of the rule of law: Cicero on the state as a legal community // Current problems of the formation of the rule of law in the Russian Federation: Materials of the VII All-Russian Scientific and Practical Conference, Neftekamsk, November 17, 2017. – Neftekamsk: Bashkir State University, 2017. – P. 217-221.
4. Aquinas Thomas. Sum of Theology. Part 2-1. Questions 90-114. – Kyiv, 2010. –432 p.
5. Batiev L.V. Law, justice and law in European philosophy (from antiquity to modern times) // Bulletin of the Moscow State Regional University. – 2013. – No. 4. – P. 496.
6. Frolova E. A. Political and legal theory of W. Occam // Law and state: theory and practice. – 2018. – No. 3 (159).– pp. 65-68.
7. Malikova A. Kh. Evolution of the theory and practice of legal and social states and their relationship in historical development // State and Law. – 2009. – No. 10. – P. 36-41.
8. Milovanov K. Yu. The rule of law in the philosophical and historical discourse of the Enlightenment // Professional education and society. – 2019. – No. 1 (29). – pp. 12-53.
9. Lazarev V.V. Interpretation of law: classics, modern and postmodern // Journal of Russian Law. – 2016. – No. 8 (236). – pp. 15-28.
10. Galeeva R. F., Galeeva G. R. On the discussion about the rule of law in modern Russia // Tatishchev Readings: Current Problems of Science and Practice. materials of the XIX International Scientific and Practical Conference: in 2 volumes – Togliatti, 2023. – pp. 60-65.
11. Mol Robert. The science of police according to the principles of the legal state / Transl. from 3rd ed. R. Sementkovsky. Vol. 1. – St. Petersburg: print. V. I. Golovina, 1871. – 23 p.
THEORY OF STATE AND LAW
KOROBOVA Aleksandra Petrovna
Ph. D. In Law, associate professor of Theory of law and public law disciplines sub-faculty of the Samara State University of Economics
LEONTJEV Andrey Vladimirovich
postgraduate student of the Samara State University of Economics
ON TRENDS IN LEGAL POLICY RESEARCH IN SOVIET LEGAL SCIENCE
This study substantiates the approach to periodization in the study of legal policy problems in accordance with which periods of the development of the Russian state and law stand out in political history: the pre-revolutionary period, the Soviet period, the post- Soviet period. The idea is expressed that the nature of the study of this phenomenon of legal reality is conditioned primarily by the development of political and legal reality in our country. The article pays special attention to the Soviet period of development of Russian legal science, which is characterized by a number of features. Thus, in the almost complete absence of discussions regarding the definition of the concept of legal (legal) policy, its nature, essence and priorities, its individual varieties are studied in great detail, in particular, criminal law policy, law-making policy, and the forms of implementation of legal strategy are actively investigated.
Keywords: politics, law, political system, political power, legal policy, legal strategy, legal policy, policy of law.
Bibliographic list of articles
1. Kistyakovsky B. A. The reality of objective law // Philosophy and sociology of law. – St. Petersburg, 1998.
2. Koldaeva N.P. Socio-political factors of law-making // Scientific foundations of Soviet law-making / Responsible. ed. R. O. Halfina. – M., 1981.
3. Kudryavtsev V. N. Law and jurisprudence. – M., 1978.
4. Theory of state and law: textbook / Rep. ed. A. I. Korolev and L. S. Yavich. L., 1987.
5. Fedorov N.V. Legal policy of the Soviet state (issues of history, theory, practice): Abstract of thesis. dis. …cand. legal Sci. – M., 1985.
THEORY OF STATE AND LAW
MOKHOV Alexander Anatoljevich
Ph.D. in Law, Professor, Chief Researcher of the Center for Scientific Research of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia)
MARKINA Alena Yurjevna
Ph.D. in medical sciences, associate professor, professor of Medical law sub-faculty of the O. E. Kutafin Moscow State Law University (MSAL)
FACTORS OF MENTAL SECURITY UNDER GLOBALIZATION
In a difficult geopolitical situation, the importance of the national security system and its structural element – mental security – increases. The system of methods for ensuring mental security represents a wide range of measures aimed at protecting the most important social institutions. The main factors of mental safety are presented. An analysis of possible factors for ensuring mental security was carried out, such as the prospects of key aspects of ensuring mental security, as well as the need to increase their viability. Organizational and legislative decisions are required on the legal regulation of guidelines for ensuring mental safety. A timely and systematic response to new challenges and threats to mental security through the national idea, legal regulation of the global Internet, censorship, and public diplomacy will make it possible to effectively counter the challenges and threats to mental security that arise in Russia.
Keywords: globalization, national security, mental security factors, national idea, lawmaking.
Bibliographic list of articles
1. Anisimova A. S. Legal regulation of the Internet: main gaps and areas of government activityva // Legal Bulletin of the Dagestan State University. – 2020. – No. 33 (1). – pp. 149-153.
2. Baisheva M.I. Spiritual and moral priority of education in the conditions of mental terrorism // Fundamental Research. – 2013. – No. 4. – P. 1842-1846.
3. Butkevich S. A. Prevention of threats to mental security: legal, criminological and psychological-pedagogical tools // Scientific notes of the Crimean Federal University named after V. I. Vernadsky. Legal sciences. – 2021. – T. 7. No. 2. – P. 310-322
4. Gorbatova N.V. Censorship and information security in the modern world of political dimension // Management consulting. – 2012. – No. 2 (46).
5. Grishanina T. A. The mechanism of public diplomacy of the Russian Federation: directions of activity in the context of the analysis of foreign policy concepts of the Russian Federation // International relations. – 2020. – No. 4. – P. 60-71.
6. Dvoryankin O. A. Information war on the Internet // Young scientist. – 2021. – No. 6 (348). – pp. 146-151.
7. Efimchuk A. N. Censorship as a way to ensure security in the Russian Federation // Synergy of Sciences. – 2018. – No. 26. – P. 791-802.
8. Zhirkov G.V. History of censorship in Russia in the 19th-20th centuries. – M.: Aspect Press, 2001. – 487 p.
9. Ilnitsky A. M. Strategy of mental security of Russia // Military Thought. – 2022. – No. 4. – P. 24-35.
10. Mezhuev V. M. Humanitarian science and ideology // Russian humanities: genesis and state. Materials of the scientific seminar. Vol. 2. – M., 2007. – P. 28.
11. Obrinskaya E. K. Potential and prospects for the development and improvement of the state mechanism for ensuring mental security of the Russian Federation // Scientific notes of the Crimean Federal University named after V. I. Vernadsky. Legal sciences. – 2022. – 8. No. 1. – P. 347-352.
12. Orlov I. B. The national idea of Russia as a mechanism of spiritual mobilization and civilizational identity // World and Politics. – 2010. – No. 7. – P. 79-85
13. Salmin A. M. The myth of history and the history of myth. Instead of an introduction // National idea: history, ideology, myth. – M., 2004. – P. 4.
14. Shishkin I. S. Information security and censorship // Information and analytical magazine “FACT”. – 2001. – No. 9.
15. Khomeriki V. Public diplomacy as an important factor in the world order. – Text: electronic // ruskline.ru: [website]. – 2015. – April 14. [Electronic resource]. – Access mode: https://www.gazeta.ru/politics/https://ruskline.ru/special_opinion/2015/04/obwestvennaya_diplomatiya_kak_vazhnyj_faktor_miroustrojstva/ (date of access: 03.30.2024).
THEORY OF STATE AND LAW
NIKITINA Valentina Sergeevna
assistant of Theory of law and state sub-faculty of the Patrice Lumumba Peoples’ Friendship University of Russia
ARKHIPOVA Anastasiya Kirillovna
student of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
KHASIEVA Kheda Lom-Alievna
student of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
WOMEN’S RIGHTS IN ISLAM IN THE CONTEXT OF THE PRINCIPLE OF EQUALITY
The article considers general approaches of Islamic law to the set of human rights and standards of their protection. The authors analyze the problem of women’s rights in the context of the general legal principle of equality of human beings, which is fundamental, regardless of any signs for both liberal political-legal thought and Islamic law. Emphasis is placed on the empowerment of Muslim women with specific natural rights and their legal status in specific legal systems.
Keywords: Legal status of women, principle of equality, Islamic law, sharia.
Bibliographic list of articles
1. Abdullah bin Abdel Muhsin at-Turki. Islam and human rights. Example of the Kingdom of Saudi Arabia. – Riyadh, 1996. – 190 p.
2. Syukiyanen L. R. Syukiyanen L. R. Islam and human rights in the dialogue of cultures and religions. – M.: Sadra LLC, 2014. – 212 p.
3. Aziz A. Firm Level Decisions and Human Resource Development in an Islamic Economy, in Ahmed E. (ed.) Economic Growth and Human Development in an Islamic Perspective: Proceedings of the Fourth International Islamic Economics Seminar, Issues in Contemporary Islamic Thought. – Herndon, VA: The International Institute of Islamic Thought, 1992. – Pp. 45-59.
4. Pfeifer K. Islam and Labor Law: Some Precepts and Examples // Economics: Faculty Publications, Smith College. – Northampton, MA, 2006.
5. Uddin A. T. Women’s Rights in Islamic Law: The Immutable and the Mutable, in Abdo G. (ed.) Islam and Human Rights: Key Issues for Our Times. – Atlantic Council, 2017.
6. Female circumcision has nothing to do with Islam // United Nations: [website]. – [Electronic resource]. – Access mode: https://news.un.org/ru/interview/2019/02/1348581 (date of access: 03/17/2024).
THEORY 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 DESTRUCTIVE ROLE OF THE MEDIA AND POPULAR CULTURE IN POLITICS AND LAW
The article systematizes and analyzes the research of Russian and foreign authors on the issues of the destructive role of the media in the information society, the historical background and features of this process in modern Russia; attention is drawn to the thematic continuity of domestic works in relation to the works of the founders of the theory of informatization and information society; various aspects of this destructive role in modern Russia are analyzed; attention is paid to the problems of countering the spread of historical mythology by the media, which has a destructive impact on the formation of the legal consciousness of citizens; conclusions are drawn about the prospects for the influence of the media in modern realities for the future of Russia.
Keywords: information society, information, civil society, manipulation of consciousness, legal education, rule of law, informatization, information and communication technologies, legal propaganda, legal consciousness, the media, the destructive role of the media.
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) // Information and legal portal “Garant”. [Electronic resource]. – Access mode: https://www.base.garant.ru/10103000/ (date of access: 03/19/2024).
2. Fundamentals of state policy of the Russian Federation in the field of development of legal literacy and legal consciousness of citizens (approved by the President of the Russian Federation on April 28, 2011 No. Pr-1168) // Electronic fund of legal and regulatory technical documents. [Electronic resource]. – Access mode: http://www. docs.cntd.ru/document/902288529 (date of access: 03/19/2024).
3. Abramov Yu. F. Picture of the world and information: philosophical essays. Irkutsk: Irkutsk University Publishing House, 1998. 318 pp.
4. Agapov A. B. Fundamentals of federal information law of Russia. M.: Economics, 1995. 230 pp.
5. Bachilo I. L., Kopylov V. A., Kurilo A. P. On the problems of legislation in the field of information, informatization and information security // Problems of informatization. 1995. Vol. 1. pp. 3-5.
6. Bechmann G. Modern society: risk society, information society, knowledge society. M.: Logos, 2010. 248 pp.
7. Weber M. Motives of social action / Selected articles. prod. / Per. with him. Comp. and afterword by Yu. N. Davydov. Preface by P. P. Gaidenko. M.: Progress, 1990. 824 pp.
8. Veblen T. Theory of the leisure class. M.: Book house “Librokom”, 2011. 368 pp.
9. Dergacheva E. A. Technogenic society and the contradictory nature of its rationality. Bryansk: Publishing house of Bryansk State Technical University. 2005. 219 p.
10. Drucker P. The era of rupture. Guidelines for our changing society. M.: Williams, 2007. 324 p.
11. Zhdanov V. S., Khabarov V. S. Electronic commerce // Information society. 1999. No. 5. P. 35-42.
12. Zemlyanova L.M. Foreign communication studies on the eve of the information society: an explanatory dictionary of terms and concepts. M.: Moscow State University Publishing House, 1999. 302 p.
13. How are you living, Russia? Express information. 53rd stage of sociological monitoring, June 2023: [bulletin] / V.K. Levashov, N.M. Velikaya, I.S. Shushpanova [and others]. M.: FNISC RAS, 2023. 91 p.
14. Kara-Murza S. G. Manipulation of consciousness. M.: Algorithm, 2000. 736 pp.
15. The concept of “knowledge society” in modern social theory: a collection of scientific works. M.: INION RAS, 2010. 234 p.
16. Lenin V.I. VIII Congress of the RCP (b) // Report on the party program on March 19, 1919 / Complete. collection op. T. 38. M., 1990. 340 pp.
17. Nazarov M. M. Mass communication and society. Introduction to research theory. M.: Avanti plus, 2003. 428 pp.
18. Pantin V.I., Lapkin V.V. Philosophy of historical forecasting: rhythms of history and prospects for world development in the first half of the 21st century. Dubna: Phoenix+, 2006. 448 pp.
19. Parinov S.I. Economics in the information society // Information society. 1999. No. 2. P. 33-43.
20. Stepin V. S. Theoretical knowledge. M.: Progress-Tradition, 2000. 744 pp.
21. Webster F. Theory of the information society. M.: Aspect Press, 2004. 400 pp.
22. Yakusheva I. P. Modern youth movements as a factor in the activation of political consciousness in Russian society: dis. …cand.watered Sci. M., 2007. 180 pp.
THEORY 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
MEDIATION IN LAW: FEATURES OF LAW ENFORCEMENT PRACTICE IN THE RUSSIAN FEDERATION
The main objective of any conciliation procedure is to assist in resolving a dispute without trial. Mediation as one of the ways to solve the problem has excellent prospects. Despite its insignificant history within Russian law, the procedure is quite well implemented in the domestic legal system. With a qualitative improvement in legislation, mediation in the judicial system of the Russian Federation will firmly consolidate its position.
Keywords: mediation, legal institution, mediator, conciliation agreement, dispute regulation, judicial law enforcement practice.
Bibliographic list of articles
1. Federal Law “On an alternative procedure for resolving disputes with the participation of a mediator (mediation procedure)” dated July 27, 2010 No. 193-FZ. – [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_103038/ (date of access: 03/11/2024).
2. Abolonin V. O. Judicial mediation: theory, practice, prospects. – M.: Inforopik Media, 2014. – P. 5.
3. Maslennikova L.V., Telesheva Yu.A. Institute of mediation in the Russian Federation: problems and prospects // Young scientist. – 2017. – No. 13. – P. 462-464.
4. Mediation: Textbook / Ed. A. D. Karpenko, A. D. Osinovsky. – St. Petersburg: Editorial office of the magazine “Arbitration Court”; M.: Statute, 2016. – P. 147.
5. Resolution of the Oktyabrsky District Court of Lipetsk dated February 29, 2016 No. 1-135/2016 in case No. 1-135/2016 // Oktyabrsky District Court of Lipetsk. – [Electronic resource]. – Access mode: https://sudact.ru/regular/doc/zBvuecx4j8lc/ (access date: 03/11/2024).
6. “Resolving life disputes and conflicts: how the metropolitan network of mediation services works.” – 03/17/2021. – [Electronic resource]. – Access mode: https://www.mos.ru/news/item/87903073/ (date of access: 03/12/2024).
7. Samokhvalov N. A. Conceptual ideas and model of the institution of mediation in modern Russia // Lawyer. – 2015. – No. 2. – P. 39.
8. Pavlovsky A. Mediation in Russia. Why do they so rarely resort to mediation before disputing parties go to court? – 09.11.2020. – [Electronic resource]. – Access mode: https://zakon.ru/blog/2020/11/09/mediaciya_v_rossii_pochemu_do_obrascheniya_sporyaschih_storon_v_sud_oni_tak_redko_pribegayut_k_proce (access date: 03/12/2024).
THEORY OF STATE AND LAW
ALOEV Kantemir Vladimirovich
postgraduate student at the Law Institute of the Patrice Lumumba Peoples’ Friendship University of Russia
APPROACHES TO THE DEFINITION OF THE CONCEPTS OF “DEVOLUTION” AND “REGIONALIZATION”: THEORETICAL AND COMPARATIVE LEGAL RESEARCH
Research problem: in the legal literature the concepts of “devolution” and “regionalization” have been known for a long time, however, despite numerous studies on this topic, to date there has not been a clear specification of the conceptual and categorical apparatus, as a result of which questions arise about their relationship – what is the difference between “devolution” and “regionalization”. The content of these theoretical concepts often depends on the national specifics of each state, and the approach to their interpretation may vary depending on the patterns of their historical development and the peculiarities of their political and legal nature. The purpose of the study is to define the concepts of “devolution” and “regionalization” and to identify the correlation of their content based on the comparative legal method. Tasks: to deduce the content of the concept of “decentralization” and correlate it with related concepts; to identify the features of the genesis of the phenomena of devolution and regionalization; on the basis of a comparative study of normative legal acts regulating the order of devolution and regionalization, to explain the processes of functioning of mechanisms for the decentralization of law-making powers in the course of the historical and legal development of states. Research methodology: the historical and legal method is used to analyze the process of formation and development of legal regulation of individual forms of decentralization; the formal legal method allows us to study the legal nature, categories and legal construction of forms representing the decentralization of law-making powers; The comparative legal method helped to identify identical and characteristic aspects of related legal institutions, processes and forms of decentralization that exist in different legal systems through comparison and comparative analysis.
Keywords: decentralization, devolution, regionalization, subnational units, subjects of competence, delegation of authority, decentralized legal regulation.
Bibliographic list of articles
1. Jeffery C. Uniformity and diversity in policy provision: insights from the US, Germany and Canada // Adams J and Robinson P eds Devolution in Practice: Public Policy Differences within the UK. – Institute for Public Policy Research (IPPR) and the Economic and Social Research Council (ESRC). – London, 2002. – pp. 176-197.
2. Vasilyeva T. A. Modern forms of state-territorial structure: constitutional regulation in foreign countries // SKO. – 2010. – No. 2 (75). – P. 21.
3. MacKinnon D. Devolution, state restructuring and policy divergence in the UK // Geographical Journal. – 2015. – No. 181(1). – Pr. 47-56.
4. Ezhevsky D. O., Eshinmaeva-Shagdarova E. T., Kokorev I. V., Chikhladze L. T., Chupanov A. S. Municipal law of foreign countries. Theory and modern practice: textbook. for university students studying in the field of study “Jurisprudence” / ed. Eremyan I. V. – M.: UNITY-DANA, 2017. – P. 61.
5. Nozdrachev E.V. The concept of devolution in the modern history of Great Britain // Scientific notes of OSU. Series: Humanities and social sciences. – 2015. – No. 5. – P. 55.
6. Niklaus A. A. Decentralized European unitary states: trajectories of evolution // Bulletin of Moscow University. Series 12. Political sciences. – 2022. – No. 4. – P. 27-28.
7. Kasatkina N. M., Leshchenkov F. A., Pilipenko A. N., Shtatina M. A. et al. Decentralized bodies and institutions in the system of executive power of foreign states: scientific and practical guide / resp. ed. Pilipenko A. N. – M.: IZiSP: Norma: INFRA-M, 2022. – P. 17-22.
8. Irkhin I. V. The principle of subsidiarity: in search of a balance between centralization and decentralization (state legal aspect) // Current problems of Russian law. – 2020. – T. 15. – No. 11. – P. 164.
9. Kilinkarov P. L. Administrative decentralization: essence, elements, principles (experience of individual countries of Eastern Europe) // Constitutional and municipal law. – 2023. – No. 5. – P. 48-51.
10. Rakitskaya I. A. Regionalization in Denmark in the light of political transformations in Europe (exemplified by changes in the legal status of autonomies in Greenland and the Faroe Islands) // Journal of Law and Administration. – 2017. – No. 1. – R. 23.
11. Arteev S.P. Theoretical aspects of the activities of substate actors in international relations // Vestn. Volume. state un-ta. – 2017. – No. 419. – P. 94.
12. Novikov A. V. The problem of political compromise on the future of devolution: a comparative analysis of the election manifestos of Scottish parties // Society: politics, economics, law. – 2016. – No. 5. – P. 47-48.
13. Khakimov R. S. Russian federalism in the conditions of socio-political transformation. – Kazan: Institute of History of the Academy of Sciences of the Republic of Tajikistan, 2009. – P. 42.
14. Umnova I. A. Problems of deferralization and prospects for optimizing the modern Russian model of delimitation of subjects and powers in the context of the doctrine of subsidiarity // Comparative constitutional review. – 2012. – No. 2 (87). – P. 47.
15. Bogatyreva O. N. Decentralization processes in European countries // Electronic supplement to the Russian Legal Journal. – 2018. – No. 2. – P. 16.
16. Molchakov N. Yu. Doctrinal approaches to the definition of devolution in British state science / N. Yu. Molchakov // Law is a phenomenon of civilization and culture: Materials of the II International Scientific Conference, Moscow, March 29–30, 2019 / Rep. editor M.V. Nemytin. Volume II. – M.: Peoples’ Friendship University of Russia (RUDN), 2020. – P. 292-293.
17. Aloev K.V. Regionalization and the system of local government in the Kingdom of Denmark // Evolution of Law 2019–2020: Collection of student works of the scientific conference of the Faculty of Law of Moscow State University / Compiled by A.V. Nektov and others – M.: MAKS Press, 2022. – P. 11.
THEORY OF STATE AND LAW
KUZNETSOV Artemiy Alexandrovich
student of the 4th course of the Financial University under the Government of the Russian Federation
THE NATURE OF PRIVATE PROPERTY RIGHT: IS IT NATURAL?
In this work, the essence of the right of private property of a person is analyzed for its naturalness. The points of view of various domestic and foreign authors on this issue are presented, both supporters and opponents of the theory of the natural origin of this right. The natural approach to understanding property rights is criticized. It is concluded that it is unacceptable to classify the right of private property as a group of natural rights. Theauthor’s concept of the system of natural human rights is proposed.
Keywords: property right, natural rights, private property, theory of natural law, positive law, normative theory of law
Bibliographic list of articles
1. Batiev L.V., Hugo Grotius on natural law in the broad and narrow senses // Philosophy of Law. 2013. No. 5 (60). pp. 2-16.
2. Grotius G. On the law of war and peace. M., 1994
3. Declaration of Independence // Congress, July 4, 1776. Adopted unanimously by the thirteen United States of America. [Electronic resource]. – Online mode: http://www.hist.msu.ru/ER/Etext/indpndnc.htm
4. Declaration of the Rights of Man and the Citizen of France (adopted by the deputies of the Estates General on August 24, 1789). [Electronic resource]. – Online mode: http://cuf.spbu.ru/PDF/2016/doc2.pdf (date of access: 02.12.2024).
5. Marx K., Engels F. Works / T. 40-50. Ed. 2nd. M.: Publishing house of political literature, 1975-1981. (date of access: 02/12/2024).
6. Nersesyants V. S. Philosophy of Law. Textbook for universities. Aristotle // online library “WikiReading”. [Electronic resource]. – Online mode: https://fil.wikireading.ru/52536 (date of access: 02.12.2024).
7. Nersesyants V. S. Philosophy of Law. Textbook for universities. Grotius // online library “WikiReading”. [Electronic resource]. – Online mode: https://fil.wikireading.ru/52545 (date of access: 02.12.2024)
8. Nersesyants V. S. Philosophy of Law. Textbook for universities. Locke // online library “WikiReading”. [Electronic resource]. – Online mode: https://fil.wikireading.ru/52548 (date of access: 02.12.2024).
9. Nersesyants V. S. Philosophy of Law. Textbook for universities. Rousseau // online library “WikiReading”. [Electronic resource]. – Online mode: https://fil.wikireading.ru/52550 (date of access: 02/12/2024).
10. Proudhon P. J. “What is property?” or “An Inquiry into the Principle of Law and Power.” [Electronic resource]. – Online mode: https://clck.ru/DUDCW (date of access: 02.12.2024).
11. Ragimova A. A. Natural legal approach to understanding property rights // Bulletin of the Dagestan State University. Series 3: Social Sciences. 2010. Issue. 2. pp. 63-65.
12. Frolova E. A., Theory of natural law (historical and theoretical aspect) // Bulletin of Moscow University. Episode 11. Law. 2013. No. 2. P. 71-77.
THEORY OF STATE AND LAW
NIKISHIN Vladimir Alexandrovich
postgraduate student of the Finance and Industry University “Synergy”, Moscow
SANCTION FOR VIOLATION ON TECHNICAL AND LEGAL NORMS IN THE RUSSIAN LEGAL SYSTEM
The article analyzes sanctions in violation of technical and legal norms in new branches of Russian law. Numerous accidents and catastrophes caused by violations of technical and legal norms make the issue of sanctions extremely relevant. Based on the analysis, the article provides the most common sanctions in the event of severe consequences. The conclusion is made about the ambiguity of the sanctions applied in individual cases. The role of forensic expertise in the application of sanctions is given.
Keywords: technical and legal norms, accidents and catastrophes, severe consequences, sanctions, forensic examination.
Item-by-item bibliography
1. Mining law: textbook / I. V. Izyumov, V. I. Karasev, M. I. Cleandrov, I. R. Saliev (etc.); resp. ed. I. A. Larochkina, R. N. Salieva. – M.: LLC “PravoTEK”, 2010. – 504 p.
2. Ryasny S.I. Commissioning of nuclear power plants. – M.: MPEI Publishing House, 2016. – 424 p.
3. Fundamentals of mining law. Part 1. Subject, sources and principles of mining law in Russia: textbook / Ed. V. D. Melgunova. – Moscow: Prospekt, 2023. – 160 p.
4. Kovaleva N.V. Technical and legal regulation of industrial production of the Russian Empire in the 19th – early 20th centuries. Dissertation of Doctor of Law. – Moscow, 2015. – 358 p.
5. Pchelkin A.V. Technical and legal norms in modern Russia (problems of theory and practice). Dissertation of a candidate of legal sciences. – Nizhny Novgorod, 2004. – 194 p.
6. Cherdantsev A.F. Technical and legal norms in Soviet law: Dissertation of a candidate of legal sciences. – Sverdlovsk, 1963. – 243 p.
7. Gazeta.RU // Maxim Borisov “The tower was built without cranes, without scaffolding”: how Shukhov’s hyperboloid appeared in Moscow. – [Electronic resource]. – Access mode: www. gazeta.ru (date of access: 04/01/2024).
8. Kommersant // Nikolay Sergeev “Its management was condemned for the disaster at the Sayano-Shushenskaya hydroelectric power station.” – [Electronic resource]. – Access mode: www.kommersant.ru (date of access: 04/01/2024).
9. Russian newspaper // Sergey Zykov “Rostechnadzor named the perpetrators and the causes of the accident at the Sayano-Shushenskaya HPP” 10/05/2008. – [Electronic resource]. – Access mode: www.rg.ru (date of access: 04/01/2024).
10. Forbes // Katya Zagvozdkina “Two Rostechnadzor employees were arrested after the collapse at the Pioneer mine.” – [Electronic resource]. – Access mode: www.forbes.ru (date of access: 04/03/2024).
HISTORY OF STATE AND LAW
AKHTAMYANOV Ruslan Rinatovich
senior lecturer of Fire and tactical special training sub-faculty of the Ufa Law Institute of the MIA of Russia
MILYUTIN Roman Viktorovich
lecturer of Fire training sub-faculty of the Voronezh Institute of the MIA of Russia
NIKITIN Konstantin Igorevich
senior lecturer in Fire training sub-faculty of the Krasnodar University of the MIA of Russia
THE HISTORY OF THE DEVELOPMENT OF CORRECTIONAL INSTITUTIONS (PENITENTIARY INSTITUTIONS) IN DIFFERENT PERIODS AND EPOCHS OF THE HISTORY OF RUSSIA
The article is devoted to the development of correctional institutions (penitentiary institutions) in different historical periods of Russian history, starting from state and monastic prisons in the Old Russian and Russian centralized state and ending with correctional and educational colonies, prisons and pre -trial detention centers (SIZOs) in the Russian Federation. The relevance of the topic is explained in the analysis of the features of the creation and development of the Russian system and types of correctional institutions against the background of various riots and strikes taking place over the past few years. To study the history of the formation of correctional institutions and their types, the article uses historical, comparative, statistical and logical methods of scientific research.
Keywords: state, penitentiary institutions, correctional institutions, prison system, penal enforcement system, legislation.
Bibliographic list of articles
1. Bill of Rights / O. E. Ivanova, V. V. Lopatin (ed.), I. V. Nechaeva, L. K. Cheltsova. – 2nd ed., rev. and additional – M.: Russian Academy of Sciences. Institute of Russian Language named after V.V. Vinogradov, 2020. – 526 p. – [Electronic resource]. – Access mode: https://ru.wikipedia.org/wiki/ (date of access: 02.12.2023).
2. Fedoseev V.I. On the history of the formation of legislation on prisons in the Moscow State (XVI – XVII centuries) // Bulletin of the Samara Legal Institute. – 2021. – P. 75-80. – [Electronic resource]. – Access mode: https://spbu.fsin.gov.ru/history/index.php?ELEMENT_ID=61462 (date of access: 02/11/2023).
3. Nazarov I.G. Formation and development of the prison system in Russia in the 15th-19th centuries // Politics, state and right Electronic scientific and practical journal. – [Electronic resource]. – Access mode: https://politika.snauka.ru/2013/04/716// https://cyberleninka.ru/article/n/vidy-tyurem-funktsionirovavshih-v-rossiyskom-gosudarstve-na-razlichnyh-etapah -istoricheskogo-razvitiya (date of access: 02/11/2023).
4. “Criminal Executive Code of the Russian Federation” dated 01/08/1997 No. 1-FZ (as amended on 06/24/2023) (as amended and supplemented, entered into force on 12/11/2023). – [Electronic resource]. – Access mode: https://www.consultant.ru/document/ (date of access: 02/13/2023).
HISTORY OF STATE AND LAW
BALAGURA Olga Valentinovna
Ph.D. in Law, associate professor, associate professor of Theory and history of law and the state sub-faculty of the Crimean branch of the Russian State University of Justice, Simferopol
KIYAN Marina Sharifovna
Ph.D. in Law, associate professor, associate professor of Theory and history of law and the state sub-faculty of the Crimean branch of the Russian State University of Justice, Simferopol
KHUTKO Tatiana Vladislavovna
Ph.D. in Law, associate professor, associate professor of Theory and history of law and the state sub-faculty of the Crimean branch of the Russian State University of Justice, Simferopol
THE PRACTICE OF LEGAL REGULATION OF STATE-CONFESSIONAL RELATIONS IN THE RUSSIAN EMPIRE AT THE END OF THE XVIII-XIX CENTURIES
The authors conducted a retrospective analysis of the legal mechanisms, principles, and priorities in the field of regulation of state-confessional relations developed by the Russian Empire. Using the example of the Tauride province, it was revealed that Russian policy was of a pragmatic and compromise nature, taking into account historical and cultural traditions, established rules of communication among the population of the multinational and multi-confessional composition of the region. At the legislative level, the Government ensured the protection of the rights and legitimate interests of national minorities, developed legal norms regulating the organization and activities of local national and religious organizations, and childrenermined their legal status, in particular, the Armenians of the Roman Catholic faith, the Mohammedan clergy, and the Karaite community.
Keywords: Russian Empire, Tauride province, religious organization, confessional relations, legal regulation, incorporation.
Bibliographic list of articles
1. Volodina N.V. Legal systems of state-confessional relations. – M.: New Index, 2009. – 476 p.
2. Kanevsky K. G. Legal regulation of state-confessional relations in the Russian Federation: abstract of thesis. … candidate of legal sciences: 12.00.01 / Ross. acad. justice. – M., 2004. – 26 p.
3. Volodina N.V. Political and legal concept of state-confessional relations in the Russian Federation: (project) // Modern law. – 2009. – No. 6. – P. 22-27.
4. Results of the population census in the Crimean Federal District: official publication / Federal State Statistics Service. – M.: IRC “Statistics of Russia”, 2015. – 279 p.
5. Kiyan M. Sh., Khutko T. V. Historical and legal study of the foundations of the organization and functioning of the judiciary in Crimea as part of the Russian Empire (late 18th – early 19th centuries) // Russian Justice. – 2021. – No. 3. – P. 56-62.
6. Kutafin O. E. Russian autonomy. – M.: Prospekt, 2006. – 768 p.
7. Krasnyakov N.I. Modernization of imperial institutions of power in Russia in the 18th – early 19th centuries. // Legal research. – 2013. – No. 10. – P. 149-174. – [Electronic resource]. – Access mode: https://nbpublish.com/library_read_article.php?id=9767.
8. Khutko T.V. Main directions of activity of the Karasubazar Roman Catholic Court // Scientific notes of the Tauride National University named after. V. I. Vernadsky. Series “Legal Sciences”. – T. 25 (64). – 2012. – No. 1. – P. 332-341.
9. Tur V. G. Features of the revival of the Armenian-Catholic community of Karasubazar at the end of the 18th century // MAIET. – Simferopol, 2009. – No. 15. – P. 561-572.
10. Khutko T.V. Local self-government of the Armenian-Catholic community of Karasubazar at the end of the 18th – mid-19th centuries // Ethnocultural and interconfessional relations in Crimea: a collection of scientific works / Ed.-comp. V. G. Tur / Crimean branch of the Institute of Oriental Studies named after. A. E. Krymsky National Academy of Sciences of Ukraine. – Simferopol: Antikva, 2012. – 240 p.
11. Balagura O. V., Prokhorov D. A., Tur V. G. Historical features and modern problems of ethnocultural and ethnopolitical processes in Crimea: monograph / Ed. ed. Doctor of History A. I. Aibabina. – Simferopol: publishing house “Antikva”, 2012. – 156 pp.
12. Zavadovsky A. G. One hundred years of life of Tavrida. – Simferopol: Tauride Provincial Printing House, 1885. – 324 p.
13. Aleksandrov I.F. About the Muslim clergy and the management of Muslim affairs in Crimea after its annexation to Russia // ITUAC. – 1914. – No. 51. – P. 207-221.
14. Kiyan M. Sh., Khutko T. V. Formation and development of the imperial judicial system in Crimea at the end of the 18th – beginning of the 19th centuries. // Eurasian legal journal. – 2022. – No. 34 (167). – pp. 97-100.
15. Arapov D. Yu. System of state regulation of Islam in the Russian Empire (last third of the 18th – early 20th centuries). – M.: MPGU, 2004. – 288 p.
16. Prokhorov D. A. Legal foundations of the organization of confessional self-government of the Karaites in the late XVIII – first half of the XIX centuries. // Scientific notes of the Crimean Federal University named after V.I. Vernadsky Legal sciences. –2015. – No. 1. – P. 76-88.
HISTORY OF STATE AND LAW
GABDRAKHMANOV Farit Vadutovich
Ph.D. in Law, associate professor, associate professor of Criminal law and process sub-faculty of the Mari State University, Yoshkar-Ola
REPORTING IN THE SOVIET PROSECUTOR’S OFFICE IN THE EARLY YEARS OF ITS ACTIVITY (1922-1925)
The article examines the issues of the organization of reporting in the prosecutor’s office in 1922-1925. It was formed in two relatively independent structures: the People’s Commissariat of Justice of the RSFSR and, since 1923, in the Prosecutor’s Office of the Supreme Court of the USSR. The latter were the final recipients of the prosecutors’ reports.
Reporting, as a rule, consisted of reports from prosecutors at all levels, reports on areas of activity and monthly statements. It was compiled within the competence of the employees responsible of the prosecutor’s office with the involvement of technical staff and was provided to higher-ranking prosecutors in the order of subordination.
In the reports, it was necessary to disclose the organization of the prosecutor’s office, personnel issues, etc. They were accompanied by questionnaires and a list of assistant prosecutors with an assessment of the compliance of each with his appointment, copies of minutes of meetings of meetings on combating crime.
The prosecutors were required to reflect in the reports information on the number of responsible and technical employees of the prosecutor’s office, on the situation of judicial and investigative bodies in the province, on measures taken by the gubernatorial executive committee, the gubernatorial court and the prosecutor’s office to improve the financial situation of justice workers.
It is concluded that in the Soviet prosecutor’s office in the early years of its activity quarterly reporting prevailed, and it was, as a rule, organizational and personnel in nature.
Keywords: Moscow Prosecutor’s office, prosecutor’s reports, 1922-1925.
Bibliographic list of articles
1. Gabdrakhmanov F.V. Prosecutor’s Office of the Mari Autonomous Region: formation and main areas of activity (1922-1924). Yoshkar-Ola, 2007. 260 pp.
2. Glushkov V. S., Gabdrakhmanov F. V. Law and court in the context of history and modernity. Yoshkar-Ola: String, 2008. 719 p. – ISBN 978-5-91716-008-5. – EDN QRFWIV.
3. Mukhamedov R. A., Chigrin M. V. Staffing of the prosecutor’s office of the Simbirsk (Ulyanovsk) province in 1922-1928 // Scientific dialogue. 2023. T. 12. No. 2. P. 417-435. – DOI 10.24224/2227-1295-2023-12-2-417-435. – EDN ZWXTBO. P. 424
4. Senin I. N. On the issue of the relationship between the categories “type” and “form” in the theory of state and law // Law and state: theory and practice. 2021. No. 8 (200). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/k-voprosu-o-sootnoshenii-kategoriy-vid-i-forma-v-teorii-gosudarstva-i-prava (date of access: 03/09/2024).
5. Khatov E. B. Information and analytical activities of the Russian prosecutor’s office: genesis and evolution // Russian Journal of Legal Research. 2018. T. 5. No. 2 (15). pp. 187-193. – EDN YAUTIL.
6. Khayali R.I. Regulatory and legal support for the scientific organization of labor, office work and reporting in the Soviet prosecutor’s office (1920-1930) // Scientific notes of the Crimean Federal University named after V.I. Vernadsky. Legal sciences. 2021. T. 7. No. 2. P. 87-94. – DOI 10.37279/2413-1733-2021-7-2-87-94. – EDN RZAWWV.
7. Tarnavsky E. On the issue of introducing new judicial reporting // Socialist legality. 1923. No. 36. P. 824. [Electronic resource]. – Access mode: http://elib.uraic.ru/bitstream/123456789/3375/1/sovetskaya_yustitsiya_1923_36.pdf (access date: 12/10/2023).
HISTORY OF STATE AND LAW
EPIFANOV Alexander Egorovich
Ph.D. in Law, professor, Chief Researcher of the Department for the Study of Problems of the History of the MIA of Russia Research Center of the Academy of Management of the MIA of Russia
ON THE PROBLEM OF CHILD TRAFFICKING IN HISTORICAL RETROSPECT
In this article, child trafficking is considered as a complex international problem that has become particularly relevant against the background of increasing negative trends and global risks in the context of rapidly accelerating technological changes and economic uncertainty. The author of the article presents the results of a review analysis of the factors contributing to child trafficking in the context of historical retrospect. The study of the causes of the emergence and development of modern forms of slavery is of fundamental importance for the development of policies and programs to counteract at all levels of civil society such a destructive social phenomenon as child trafficking.
Keywords: child trafficking, slavery, determinants, childhood, law, law.
Bibliographic list of articles
1. Bravaya R. M. Protection of motherhood and infancy in the West and in the USSR: Historical essay. – Moscow: State. honey. publishing house, 1929. – 261 pp.
2. Digidiki, V., J. Bhabha, K. Connors, H. Cook, C. Galez-Davis, C. Hansen, M. Lane, S. Laursen, and L. Wong, 2023. From Evidence to Action: Twenty years of IOM child trafficking data to inform policy and programming. FXB Center for Health and Human Rights at Harvard University, Boston and International Organization for Migration (IOM), Geneva.
3. Jew P. Civil status of women since ancient times. Translation from French by Professor Yu. Gambarov. Book business. – Moscow, 1902. – 478 p.
4. Nigmatullin R.V., Suleymanova R.R. Coordination of the efforts of states in the fight against modern challenges and threats // Eurasian Legal Journal. – 2020. – No. 11 (150). – pp. 428-431. – DOI 10.46320/2073-4506-2020-11-150-428-431.
5. Faucher Leon (1803–1854). Essays on England / Op. Leona Faucher; Per. Dementyev and Khlebnikov. – St. Petersburg: Society “Community.” Benefit”, 1862. [6]. – 553 pp.
6. Sztompka P. Sociology. Analysis of modern society: Trans. from Polish CM. Chervonnaya. – M.: Logos, 2005. – 664 p.
7. Zifei Zhang. Child Trafficking and Child Protection: A Case Study of China // Journal of Social Science and Humanities. – Volume 5. – Issue 45. – 2023. – R. 158-163.
HISTORY OF STATE AND LAW
TITOV Vladimir Yurjevich
Ph.D. in historical sciences, associate professor of the Moscow State Technical University of Civil Aviation (Irkutsk branch)
DISCUSSIONS ON THE RIGHT OF SOCIAL PROTEST IN SOVIET LEGISLATION, THROUGH THE PRISM OF PERSONALITY IN ARCHIVAL COLLECTIONS OF RUSSIA (THE SOVIET PERIOD)
The article examines archival materials from Russia concerning discussions in Soviet and Soviet-era party organizations about options for norm-setting through social protests and other ways of communist legislation. The funds of the leaders of the party, the central media and writers’ organizations are considered.
Keywords: social protest, sacred and desacral moods, protest moods, discussions.
List of unpublished sources and their abbreviations
RGASPI – Russian State Archive of Socio-Political History
1. Fund (f.17) – Central Committee of the USSR
2. Fund (82) – Molotova V.I.
RGANI – Russian State Archive of Contemporary History
1. Fund (f.5) of the CPSU Central Committee
2. Fund (f. 72) of the Ideological Commission under the CPSU Central Committee
3. (f.89) Collection of declassified materials
4. (f.96) Editorial fund of the newspaper “Soviet Russia”
RGVA – Russian State Military Archive
1. Fund of the Political Administration of the Red Army
RGALI – Russian State Archive of Literature and Art
1. Fund (f. 600) – a collection of documents “Human Documents”, edited by the magazine “Crocodile”
CDOOSO – Documentation Center for Public Associations of the Sverdlovsk Region
1. Fund (f. 4) – collection of cases of rehabilitated persons
2. Fund (f. 41) collection of cases on show trials
3. Fund (f. 376) – collection of files of dissidents
TsGAAOSO – Central State Archive of Administrative Organizations of the Sverdlovsk Region
1. Fund (f. R-1) collection of cases of repressed citizens
GANO – State Archive of the Novosibirsk Region
1. Fund (f.P-5419) collection of cases of repressed persons
GATO – State Archives of the Tomsk Region
1. Fund (f. 5598) – E.K. Ligacheva.
GANIIO – State Archive of Contemporary History of the Irkutsk Region
1. Fund (f.1) – Irkutsk provincial committee and regional committee
GAPC – State Archives of Primorsky Krai
1. Fund (f. 1521) – a collection of declassified cases of repressed persons
2. Fund (f. 1287) – authorized by the Commission of People’s Control under the USSR Council of Ministers
Archive of Sakharov A.D. – A.D. Foundation Sakharov.
HISTORY OF STATE AND 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 Civil and private international law sub-faculty of the Volgograd State University
LEGAL BASES OF CONTRACTUAL REGULATION OF PROPERTY RELATIONS BETWEEN SPOUSES IN HISTORICAL RETROSPECT
The article evaluates legal agreements between spouses in historical retrospect. The authors of the manuscript conditionally distinguish seven periods of transformation of legal regulation of marriage and family relations: pre-Christian (before 988), post-Christian (988 – XII c.), fragmentation of Russia into separate principalities (XII c. – end of the XV century), the formation of a single Russian centralized state (end of the XV century – XVII century), the existence of the Russian Empire as a state (1721-1917), Soviet (1917-1991), modern ( from 1992 to the present).
Keywords: marriage contract, property of spouses, legislation, Book of Corms, Russian Pravda, CLRE, USSR.
Bibliographic list of articles
1. Izutina S.V., Shchankina L.N. Marriage agreement in Russia: essence and features of application // Issues of Russian and international law. – 2020. – No. 4-1.
2. Pozdnyakova V.V. Formation and development of the institution of marriage contract // Legal fact. – 2019. – No. 46.
3. Filippova T. A., Gromozdina M. V., Titarenko E. P. Formation and development of the institution of agreements in family law // Bulletin of Omsk State University. Series. Right. – 2021. – No. 1.
4. Shershenevich G. F. Textbook of Russian civil law. − M.: Publishing house “SPARK”, 1995.
5. Shchankina L. N. Legal regulation of the marriage contract in Russia: history and modernity // Economics. Right. Society. – 2021. – No. 4 (28).
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
NORMAN THEORY IN POLITICS AND LAW
The theoretical position of the Norman theory is that people from the Scandinavian people contributed to the creation of a monarchical type state among the Slavs, due to their inability to create such a thing. Currently, this theory is a controversial issue among scientists and researchers of the past era. The idea of the theory is to form the prerequisites for the creation of statehood in Ancient Rus’, the countries of Europe and England, and it also offers an option for what imprint the Varangians left in history. The purpose of this study is to examine the provisions of this theory and identify the consequences of its influence on the legal and political system.
Keywords: Normanism, Varangians, Rus’, law, theory, politics, formation of the ancient Russian state.
Bibliographic list of articles
1. Norman theory. Pros and cons. – [Electronic resource]. – Access mode: https://dzen.ru/a/XfrRvLuJLACv_kZD.
2. Satushev D.I., Ryumin D.D., Sarankin I.A. Norman theory and the formation of Russian statehood. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/normanskaya-teoriya-i-stanovlenie-rossiyskoy-gosudarstvennosti/viewer.
3. The Norman theory is a historical problem with political implications. – [Electronic resource]. – Access mode: https://news.ru/history/normannskaya-teoriya-istoricheskaya-problema-s-politicheskim-podtekstom/
4. Why is England’s own Norman theory so important? – [Electronic resource]. – Access mode: https://e-vesti.ru/ru/pochemu-dlya-anglii-tak-vazhna-sobstvennaya-normanskaya-teoriya.
5. Fomin V.V. The beginning of Rus’ in the works of M.V. Lomonosov. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/nachalo-rusi-v-trudah-m-v-lomonosova/viewer.
6. Norman theory: how the state appeared. – [Electronic resource]. – Access mode: https://nomad.su/?a=15-201802140018.
7. Daniel Christopher England. History of the country. – [Electronic resource]. – Access mode: https://history.wikireading.ru/215235.
8. Fomin V.V. Norman theory and its scientific failure. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/normanskaya-teoriya-i-ee-nauchnaya-nesostoyatelnost/viewer.
HISTORY OF STATE AND LAW
IVANCHENKO Stanislav Viktorovich
postgraduate student of History and theory of state and law sub-faculty of the Tauride Academy of the V. I. Vernadsky Crimean Federal University, Simferopol
PRINCIPLES OF INDEPENDENCE AND APPOINTABILITY OF JUDGES IN THE OFFICE OF PODESTA IN ITALY OF THE XI-XIV CENTURIES
The article considers the peculiarities of implementation of the principles of independence and appointability of judges in relation to the institution of podestà that existed in medieval Italy. It is revealed that the activity of the podestà at the first stages of existence was ensured by the implementation of the principle of independence of judges in the implementation of various forms of vesting the podestà with power, including the power to administer justice. It was established that these forms included the appointment and election of the podesta, as well as a mixture of these forms, which took place in cities with signorial regimes with strong republican traditions. It is also found that the decline in the importance of the podesta in Italian cities is associated with the intensification of the process of separation of judicial power from administrative power, the specialization of courts and the professionalization of judges. The study concludes that the decline of the podestà in northern Italy is primarily due to the spread of corruption that is accompanied by the decline of republican ideas in Italy and the spread of signorial regimes.
Keywords: podesta, the principle of independence of judges, the principle of appointment of judges, vicars, podestat, medieval Italy, Italian republics, signoria, city-republics, signorial regime.
Bibliographic list of articles
1. Stern L. I. The criminal law system of medieval and Renaissance Florence. – Baltimore: Johns Hopkins University Press, 1994. – 286 p.
2. Donaver F. La storia della repubblica di Genova. – Genova: Tolozzi, 1967. – 225 p.
3. Wielka Historia Świata – Późne średniowiecze. T. 5. / Baczkowski K., Wróbel P., Olszewski W., Mruk W., Hauziński J., Quirini-Popławska D., Smołucha J., Stopka K., Sroka S., Waśko A., Pod red. Krzysztofa Baczkowskiego. – Kraków: FOGRA, 2005. – 744 s.
4. Kovaleva M.V. Signoria Varano in Camerino in the XII – early XIV centuries //Scientific notes of Oryol State University. Series: Humanities and social sciences. – 2016. – No. 1 (70). – pp. 32-41.
5. Vitiello J. C. Public Justice and the Criminal Trial in Late Medieval Italy. – Leiden: Brill, 2016. – 219 p.
6. Dean T. Commune and despot: The commune of Ferrara under Este rule, 1300-1450. // ity and Countryside in Late Medieval and Renaissance Italy: Papers presented to Philip Jones. – London: Hambledon, 1994. – P. 183-197.
7. Gamberini A. La Citta Assediata: Poteri E Identita Politiche a Reggio in Eta Viscontea // City and Countryside in Late Medieval and Renaissance Italy: Papers presented to Philip Jones. – Roma: Viella, 2003. – 360 RUR
8. Goldthwaite R. A. The Economy of Renaissance Florence. – Baltimore: Johns Hopkins University Press, 2009. – 649 p.
9. Krasnova I. A. Cultural reflections on the nobility of the family and the nobility of the individual in Florence at the turn of the XIII-XIV centuries // Cursor Mundi: man of Antiquity, the Middle Ages and the Renaissance. – 2017. – No. 9. – P. 64-77.
10. Dmitrieva M.I. Siena chroniclers of the XIV-XV centuries. On the history of the city commune // Cursor Mundi: a man of Antiquity, the Middle Ages and the Renaissance. – 2010. – No. 3. – P. 29-44.
11. Gregorovius F. History of the city of Rome in the Middle Ages (from the V to the XVI centuries). – M.: Publishing house “ALFA-KNIGA”, 2008. – 1278 p.
HISTORY OF STATE AND LAW
IVANOV Alexander Anatoljevich
postgraduate student of the Samara State University of Economics
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
ABOUT THE GENESIS OF LAW IN THE WORKS OF S. S. ALEKSEEV
The article examines the features of the formation of the legacy of the Soviet jurist S.S. Alekseev from the point of view of the concepts conveyed by the author in his writings. In this sense, it is proposed to talk about the special legal and philosophical-legal content of the legal ideology of Alekseev S.S. Within the framework of a special legal approach, the author revealed the problems of law as a set of analysis within the framework of law (dogma) and its instrumental apparatus (theory). The philosophical and legal approach was based on the understanding of law, on the one hand, as a universal human value through which the progress of society can be measured, and on the other, as an instrument ensuring the protection of human rights. At the same time, the emphasis on the philosophical and legal nature of law is explained by the transition to the post-Soviet period of development, when the dignity of the individual and his life acquire a special value that requires attention and protection.
It is noteworthy for the scientist that despite the positivist approach he shares, he reveals in detail the ideals and meanings that determine law. At the same time, it is worth noting two key features that, to one degree or another, are invariably revealed in the works of the author in various periods of his work. This is a statement about the importance of law as a repository of subjective rights and freedoms of a human worker, as well as the principle of legal education and legal culture, which ensure the rule of law in symbiosis.
Keywords: legal education, legal culture, special legal and philosophical legal methodology, dogma and theory of law, law as a “repository” of subjective workers’ rights, formational and civilizational approach, ideology of Marxism, political and legal environment and public relations.
Bibliographic list of articles
1. Zelepukin R.V., Yarkina A.I. Evolution of ideas about the relationship between law and interest in the works of S.S. Alekseev // Formation and development of the legal profession: the legacy of generations (dedicated to the memory of front-line lawyers). Collection of scientific papers of the All-Russian Scientific and Practical Conference. Rep. editor O. V. Moiseeva. – Tambov, 2021. – pp. 20-24.
2. Pankova O. V. Main directions of research of mechanisms in law in modern scientific doctrine // Bulletin of VSU. Series: Law. – 2020. – No. 1 (40). – P. 66-80.
3. Semitko A. P. S. S. Alekseev – legal thinker: stages of life and creative path // Rule of law: theory and practice. – 2019. – No. 4 (58). – P. 72-81.
4. Senin I. N. On the relationship between the categories “Mechanism of legal regulation” and “Legal technology” // Siberian Legal Review. – 2020. – No. 1. – P. 17-21.
5. Sirotkina K. D. Formation of principles of dispositivity in criminal proceedings: the role of the works of S. S. Alekseev // Questions of Russian justice. – 2023. – No. 26. – P. 394-401.
6. Suleymanov B.B. Dogma of law, or some reflections on the position of S.S. Alekseev // Legal culture. – 2021. – No. 1 (44). – pp. 99-107.
7. Tonkov E. N. Historical Persianperspective of Russian legal realism // Proceedings of the Institute of State and Law of the Russian Academy of Sciences. – 2020. – No. 6. – P. 27-45.
8. Shipitsin O. A. Philosophical understanding of law in the teaching of S. S. Alekseev // Legal science. – 2021. – No. 3. – P. 33-36.
CONSTITUTIONAL LAW
ALIEVA Zulfiya Ibragimovna
associate professor of Constitutional and international law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
ALIEVA Liana Fikretovna
magister student of Constitutional and international law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
THE EVOLUTION OF THE INSTITUTION OF CITIZENSHIP IN RUSSIA (GENERAL CHARACTERISTICS)
Historical analysis allows us to identify the most optimal options for the legal perspective in the present time. The study of the rights and responsibilities of citizens helps to trace the evolution of the institution of citizenship and reflects shifts in relation to migration processes and cultural diversity. Understanding the institution of citizenship will also allow us to analyze past mistakes and adapt best practices for modern and effective governance mechanisms, including immigration policies. In medieval Russia, the concept of citizenship was inextricably linked to membership in the landing class. After the formation of the Russian Empire, the principles of citizenship depended on social status and privileges. During the Soviet period, the concept of citizenship was ideologized; in the post-Soviet and modern periods, citizenship is a legal connection between an individual and the state, which determines the scope of mutual rights and obligations.
Keywords: nationality, citizenship, restoration of citizenship, grounds for acquiring citizenship, reintegration, naturalization.
Bibliographic list of articles
1. Abazova N.I. Legal basis for canceling the decision to acquire citizenship of the Russian Federation // Young scientist. – 2023. – No. 11 (458). – pp. 217-219.
2. Demyanets M.V., Ponizova E.V. Current trends in the development of legislation on citizenship of the Russian Federation // Agrarian land law. – 2023. – No. 12 (228). – pp. 110-113.
3. Drogavtseva E. A. Abolition of reintegration as a stage in the formation of the institution of citizenship in Russia // Collection of scientific works dedicated to the activities of scientific schools of the St. Petersburg University of the Ministry of Internal Affairs of Russia and dedicated to the 25th anniversary of its formation. Compiled by: O. I. Gorodovaya, O. S. Kravchenko, A. A. Zhavoronkova. – St. Petersburg, 2023. – pp. 397-404.
4. Kobets P. N. Development of legislative framework regulating the legal status of foreign citizens in pre-revolutionary Russia in the 18th-20th centuries. // Russian Journal of Economics and Law. – 2022. – T. 16. No. 4. – P. 790-807.
5. Ponizova E. V. Deprivation of citizenship in the Soviet period // Proceedings of the Institute of State and Law of the Russian Academy of Sciences. – 2013. – No. 6. – P. 120-126.
6. Chistyakov O. I., Kutyina G. A. Reader on the history of the national state and law: a textbook for academic undergraduates; 3rd ed., rev. and additional – M.: Yurayt Publishing House, 2019. – 396 p.
7. Taranina O. V. Historical formation of the institution of citizenship // Young scientist. – 2020. – No. 21 (311). – pp. 384-393.
CONSTITUTIONAL LAW
ISMAILOVA Patimat Akhmedovna
private practicing lawyer
PUBLIC CENSURE AS A MEASURE OF INFLUENCE (PUNISHMENT) AND PREVENTION IN ORDINARY AND PUBLIC LAW, PROBLEMS OF CORRELATION
The article analyzes the forms of participation of representatives of the public, the Council of Elders in maintaining law and order, using the example of the application of public censorship provided for by the norms of law and customs, using the example of the custom of handing over the “Baton of Correction” as an external materialized form of a measure of influence – public censorship. Their common features are shown: a single, mutually complementary preventive, preventive potential, and an identical name. It is discussed that the norms of customs can regulate public relations that are not included in the subject of legal regulation, while preventing violations of legal requirements. It is noted that the use of public censorship provided for by the norms of customary law is permissible, not instead of what is provided for by legal norms, but along with and additionally, performing an auxiliary role, and sometimes a compensatory function to maintain order .
Keywords: public censure, legal norms, legal customs, Council of Elders, commission on juvenile affairs, friendly court, court of officer honor, criminal record.
Bibliographic list of articles
1. Lazarev S.V. “Non-Western” alternative methods of resolving disputes // Arbitration and civil process. 2020. No. 2.
2. Semyanov E.V. About legal responsibility, or Not a word about responsibility // Business Security. 2022. No. 3.
3. Fedorov A.V. Criminal liability for corporate crimes in the People’s Republic of China // Russian investigator. 2022. No. 10.
CONSTITUTIONAL LAW
RUDAKOVA Olga Nikolaevna
adjunct of the Faculty of Training Scientific and Scientific-pedagogical personnel of the Academy of Management of the MIA of Russia
THE DEVELOPMENT OF THE IDEAS OF NATURAL LAW IN THE WORKS OF RUSSIAN JURISTS OF THE LATE XIX – EARLY XX CENTURY
The article examines the contribution to the development of the natural law doctrine of Russian jurists of the late nineteenth and early twentieth centuries. The author cites various points of view of legal scholars such as V. S. Solovyov, B. N. Chicherin, B. A. Kistyakovsky, N. A. Berdyaev, P. I. Novgorodtsev and E. N. Trubetskoy. The conclusion is made about the importance of their contribution to the development of natural law doctrine. The relevance of the ideas of legal scholars in the modern world is also noted.
Keywords: natural rights, personality, values, Russian jurists, natural law doctrine.
Bibliographic list of articles
1. Berdyaev N. A. About slavery and human freedom. – M., 2023. – 394 p.
2. Vergazova S.G. Philosophical views of V.S. Solovyov: textbook / St. Petersburg University for railway transport engineers. – St. Petersburg: PIIT, 1993. –S. 17.
3. Dubatovka Yu. Yu. Natural law in the works of B. N. Chicherin and Vl. Solovyova // Bulletin of MSTU. – 2006. – No. 1. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/estestvennoe-pravo-v-trudah-b-n-chicherina-i-vl-solovieva (date of access: 03/05/2024).
4. Zhukov V. N. Revived natural law in Russia at the end of the 19th – beginning of the 20th centuries: socio-political function and ontological basis // State and Law. – 2001. – No. 4. – P. 99–106.
5. Kistyakovsky B. A. Legal and socialist state // Questions of philosophy and psychology. – 1906. – November-December. – pp. 473-490.
6. Kistyakovsky B. A. Philosophy and sociology of law. – St. Petersburg, 1999. – 360 pp.
7. Lapaeva V.V. Formation of the doctrine of protection of individual rights as an urgent task of the theory of law // Russian justice. – 2006. – No. 4. – P. 14-31.
8. Novgorodtsev P.I. About the social ideal / P.I. Novgorodtsev. – M., 1990. – 441 p.
9. Struve B. P. V chem zhe istinnyi natsionalizm [What is True Nationalism]. Struve B. P. Izbrannye sochineniya – Selected Works. – Moscow, ROSSPEN Publ., 1999. – Рp. 14–15.
10. Trubetskoy E. N. Encyclopedia of Law. – St. Petersburg: Legal. Int.; 1998. – 183 pp.
11. Chicherin B. N. Philosophy of Law. – M.: Typolithography of the Partnership of I. N. Kushnerev, 1900. Book. 2. Law – 312 p.
ADMINISTRATIVE LAW
BELYAKOVICH Elena Vasiljevna
Judge of the Commercial Court of Central District, Candidate of Legal Sciences, Ph.D. in Law, doctoral student of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
ON THE EXTENSION OF THE ADMINISTRATIVE PROCEDURE TERM
Time frame regulation of legal relations in administrative procedure involves time management mechanisms in the administrative process, one of which is the extension of the administrative procedure term. Such time management tools ensure the effectiveness of the administrative process. The issue under consideration is explored through the lens of the integrative concept of the administrative process. A definition is proposed for the category of ‘extension of administrative procedure term’. Various legislative formulations for extension of the administrative procedure term are examined, and instances where such extensions are prohibited are noted. A classification of extensions of the administrative procedure term is presented. The conditions that allow for time management in the administrative process through the extension of the administrative procedure term are identified. The variations in objectivation of the outcome of discussions on extending the term under consideration are explored. The aspects of challenging decisions made by public administration bodies and courts to extend the administrative procedure term are discussed. It is noted that there is no unified procedure for extending the term in administrative procedural law.
Keywords: term, temporality, administrative procedural law, administrative process, legal process, time.
Bibliographic list of articles
1. Zelentsov A. B., Kononov P. I., Stakhov A. I. Administrative process as a type of legal process: modern problems of understanding and legal regulation // Bulletin of St. Petersburg University. Right. – 2018. – T. 9. Issue. 4. – pp. 501-521.
ADMINISTRATIVE LAW
VLASOVA Elena Lvovna
Ph.D. in pedagogical sciences, associate professor of Administrative law and administrative activities of the department of internal affairs sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk
DOBROV Alexey Nikolaevich
Ph.D. in Law, associate professor of Administrative law and administrative activities of the department of internal affairs sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk
THE EMERGENCE AND DEVELOPMENT OF THE PRINCIPLE OF PRESUMPTION OF INNOCENCE
The article is devoted to the analysis of the historical and legal aspect of the emergence and development of the principle of the presumption of innocence from the laws of Hammurabi to the present day, it can be discussed that this provision has gone through a difficult path of development, has undergone a radical change, nevertheless, has been enshrined in legislation. Modern researchers note the principle of the presumption of innocence as part of the general system of principles in Russia, but in administrative legislation it is reflected in a very specific way, transforming the legal terms. Now the legislator does not assume, does not consider, but immediately asserts the guilt of a person by introducing the term “is” into circulation, which contradicts the principles of democratic legal proceedings. The authors focus on the historical transformations that have occurred, including the semantic change in the content of the principle of the presumption of innocence. While expressing their agreement with the legislator in principle, they nevertheless make their own proposals to fill the principle of the presumption of innocence with new meaning.
Keywords: presumption of innocence, principles of law, evaluation of evidence, administrative offense, technical and legal means.
Bibliographic list of articles
1. Barabash A. S. Essay on the development of the theory of the presumption of innocence in Russia // Russian Legal Journal. – 2020. – No. 1. – P. 9-37.
2. Vasiliev L. M. Presumption of innocence of the accused in the history of Russian law. – Volgograd: Publishing house Volgogr. Institute of Economics, Sociol. and rights, 2003. – 247 p.
3. Gushchina L. I. Problems of recognition of psychophysiological research using a polygraph in criminal proceedings of the Russian Federation // Criminal policy and the principle of the presumption of innocence of the accused in the history of Russian law. – 2021. – No. 1. – P. 359-369.
4. Protasov V. N. Presumption of innocence: legal nature and social significance // Russian and international law: general and special. – 2019. – No. 1. – P. 188-191.
5. Khegai L. Does the Law have a soul? // Soul of the law. Depth psychology about law, lawyers and jurisprudence. – M.: Gorodets, 2016. – 204 p.
ADMINISTRATIVE LAW
EVSEEV Kirill Nikolaevich
postgraduate student of Administrative and financial law sub-faculty of the Russian Customs Academy, Lyubertsy
RETROSPECTIVE ANALYSIS OF EVOLUTION OF POWERS OF CUSTOMS AUTHORITIES OF THE RUSSIAN FEDERATION RELATED TO APPLICATION OF ADMINISTRATIVE RESPONSIBILITY FOR THE CURRENCY VIOLATIONS IDENTIFIED DURING THE CURRENCY CONTROL
The article is devoted to the historical review of the practice of application by customs authorities of administrative responsibility for violations of currency legislation during the foreign trade. The main stages of development of customs authorities’ powers in this area, starting from the 1990s to the present time, are highlighted. Main issues of law enforcement practice of customs authorities that took place at a certain stage are analyzed. Competence of customs authorities regarding violations of currency legislation identified during the currency control is reviewed. The retrospective analysis of the legal nature of administrative violations, related to the competence of customs authorities, is carried out. The issues of correlation between administrative violations of currency legislation and violations of customs rules in the context of currency and customs regulation are touched upon.
Keywords: currency control, customs authorities, administrative responsibility, currency transactions.
Bibliographic list of articles
1. Kozhukhanov. N. M. On the issue of the theoretical and legal foundations of the administrative and jurisdictional activities of customs authorities // Journal “Onsociety and state.” 2023. No. 3 (43). pp. 60-65. DOI: 10.24412/2224-9125-2023-3-60-65.
2. Kozhukhanov N. M. Customs authorities in the system of executive authorities: a collection of materials from the XI International Scientific and Practical Conference “Customs Service of Russia: priorities, opportunities, prospects.” Moscow, 2020. pp. 34-37.
3. Kozhukhanov N. M., Pulin A. O. Trends and features of proceedings in cases of administrative offenses within the competence of customs authorities // Customs Affairs. 2023. No. 4. P. 25-28.
4. Lipatova N. G., Somov Yu. I., Kozhukhanov N. M., Bobrova O. G., Gladkov A. R., Tarasov N. A., Novikov S. V., Ketsba B. I., Zhereben E.V., Tsypranyuk S.Yu., Neudakhin V.S. Security of the Russian Federation in the customs sphere: monograph. Moscow, 2019. 192 pp.
5. Milyakina E. V. Export of capital: legislation and practice of its application // Legislation and economics. 2005. No. 3. P. 62-66.
ADMINISTRATIVE LAW
KOVALEVSKAYA Olga Yurjevna
competitor of the Institute of Law of the Pacific State University, Khabarovsk
LEGAL FRAMEWORK AND PRINCIPLES OF APPLYING INFORMATION TECHNOLOGIES IN COURTS
The article is devoted to the analysis of information classification based on criteria of accessibility in the context of Russian legislation. Key categories of information resources defined by Federal Laws No. 149-FZ and No. 262-FZ, regulating the procedure for handling, disseminating, and using information in the Russian Federation, are considered. The main focus is on aspects of legal regulation aimed at protecting the interests of both individuals and society as a whole, ensuring public safety, and balanced distribution of information resources. The article identifies and describes four main categories of information: information for free dissemination, information exchanged on the basis of mutual agreement, information with limited access, and information whose distribution on the territory of the Russian Federation is restricted or prohibited.
Keywords: information classification, Russian legislation, information resources, access to information, limited access, legal regulation, public safety, information protection.
Bibliographic list of articles
1. Alekseeva G. A., Matisov A. V. Classification of information and units of information // Informatics in philosophical and social aspects: Collection of articles by undergraduates and teachers of KuzSTU. – Kemerovo: Kuzbass State Technical University named after. T.F. Gorbachev, 2017. – pp. 37-45.
2. Aleshkova I. A., Molokayeva O. Kh. Judicial power in the conditions of the new information reality // State and law in the new information reality. – 2018. – No. 1. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sudebnaya-vlast-v-usloviyah-novoy-informatsionnoy-realnosti (date of access: 03.22.2024).
3. Bryantseva O. V., Soldatkina O. L. Electronic justice in Russia: problems and solutions // Bulletin of the O. E. Kutafin University. 2019. No. 12 (64). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/elektronnoe-pravosudie-v-rossii-problemy-i-puti-resheniya (date of access: 03.22.2024).
4. Vasilyeva E. S. The influence of information technologies on the formation and development of the judicial system in the Russian Federation // Legal policy and legal life. – 2013. – No. 1. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/vliyanie-informatsionnyh-tehnologiy-na-stanovlenie-i-razvitie-sudebnoy-sistemy-v-rossiyskoy-federatsii (date of access: 03.22.2024).
5. Poskryakov R. S. The use of artificial intelligence in judicial activities // Ogarev-Online. – 2019. – No. 16 (137). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ispolzovanie-iskusstvennogo-intellekta-v-sudebnoy-deyatelnosti (date of access: 03/22/2024).
6. Khabrieva T. Ya., Chernogor N. N. Law in the conditions of digital reality // Journal of Russian Law. – 2018. – No. 1 (253). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/pravo-v-usloviyah-tsifrovoy-realnosti (date of access: 03.22.2024).
ADMINISTRATIVE LAW
SEIDOV Gamzat Zakirovich
postgraduate student of Administrative and financial law sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
FEATURES OF LEGAL SUPPORT FOR INFORMATION SECURITY OF MINORS ON THE INTERNET USING THE EXAMPLE OF RUSSIA AND THE EU
The scientific article analyzes the features of information security of minors on the Internet, emphasizing several aspects that specify the need for special protection of part of our society. After all, teenagers, as a rule, do not have a critical perception of information, which ultimately leads to the establishment of false values, and as a result, to the possible commission of illegal acts, as well as suicide, etc. Therefore, the international community within the UN is developing appropriate regulations aimed at preventing minors from receiving destructive information.
Meanwhile, in Russia there are a number of regulatory legal acts aimed at the information security of minors on the Internet, as well as in the European Union (which is the integration of a number of European countries), where at the supranational level legal norms aimed at preventing teenagers from receiving illegal information. It is stated that the EU experience regarding the possible identification of a person when accessing certain websites may be useful for Russia. Moreover, when borrowing this experience, it is necessary to take into account the rights of individuals, taking into account the confidentiality of information.
Keywords: minors, information security, Internet, destructive information, ensuring the safety of minors in Russia, ensuring the safety of minors in the Council of Europe.
Bibliographic list of articles
1. Kovalev O. G., Skipidarov A. A. Legal regulation of the implementation of cybersecurity strategy in the states of the European Union // Stolypin Bulletin. – 2021. – T. 3. No. 2.
2. Lavelina V.S. Characteristics and features of the European Union // Education and Law. – 2022. – No. 2. – P. 89-90.
3. Makasheva M. N. Criminogenic influence of the Internet on the criminal behavior of minors // StudNet. – 2020. – T. 3. No. 3. – P. 403-406.
ADMINISTRATIVE LAW
FARIKOVA Ekaterina Alexandrovna
Ph.D. in Law, associate professor of Administrative and financial law sub-faculty of the North Caucasus branch of the Russian State University of Justice, Krasnodar
ADMINISTRATIVE RESPONSIBILITY OF ARBITRATION MANAGERS
The article discusses the theoretical and legal grounds for the administrative responsibility of arbitration managers. The study analyzes the features and problems of the legal status of arbitration managers in relation to administrative and tort legal relations. It has been established that administrative liability is traditionally considered as an independent type of legal liability, which has its own factual and legal grounds. The comprehensive analysis made it possible to conclude that the administrative responsibility of arbitration managers is of an intersectoral and complex nature, since it is regulated both by the norms of the Administrative Code of the Russian Federation and the provisions of Law No. 127-FZ.
Keywords: administrative liability, arbitration manager, administrative offense, bankruptcy procedure, creditor.
Bibliographic list of articles
1. Shishkina E. V. Administrative responsibility of an arbitration manager for failure to submit an application for subsidiary liability // Current issues of public law at the present stage of state development: Collection of materials of the All-Russian scientific and practical conference with international participation among students, undergraduates and graduate students / Responsible. ed. M. R. Gilyazetdinov. – Perm, 2021. – P. 240.
2. Kravchenko A. A. Implementation of the principle of good faith in the field of insolvency (bankruptcy): legal issues: abstract. dis. …cand. legal Sci. – M., 2020. – P. 17.
ADMINISTRATIVE LAW
YUNEVA Viktoriya Andreevna
adjunct of the Faculty of Training Scientific, Pedagogical and Scientific-Methodical Personnel of the V. Ya. Kikot Moscow University of the MIA of Russia
THE LEGAL BASIS FOR THE INTERACTION OF THE MEMBER STATES OF THE EURASIAN ECONOMIC UNION IN THE IMPLEMENTATION OF LEGAL ASSISTANCE IN CASES OF ADMINISTRATIVE OFFENSES
Legal assistance in cases of administrative offenses is an important component of the interaction of state bodies of the EAEU member states endowed with administrative and jurisdictional powers. It seems that this regulatory consolidation is, of course, another step towards the harmonization of administrative and tort legislation of the EAEU member states, as well as strengthening the positions of international cooperation.
Keywords: administrative and tort legislation, EAEU member states, harmonization, integration, administrative offenses, legal assistance in cases of administrative offenses, legal interaction.
Bibliographic list of articles
1. Nesterova A.V. Legal assistance in cases of administrative offenses and other types of legal assistanceand // International law and international organizations. – 2021. – No. 2. – P. 68-76.
2. Babchenko Yu. A. Legal assistance in cases of administrative offenses: new vectors of international cooperation of the Ministry of Internal Affairs of Russia / Yu. A. Babchenko // Current issues of public law at the present stage of state development: Collection of materials of the All-Russian scientific and practical conference with international participation among students, undergraduates and graduate students, Perm, December 24, 2020 / Rep. editor M. R. Gilyazetdinov. – Perm: Perm Institute of the Federal Penitentiary Service, 2021. – pp. 24-27.
ADMINISTRATIVE LAW
ALEXANDROV Grigoriy Dmitrievich
postgraduate of the Institute of Economics, Management and Law of the Moscow City Pedagogical University
THE LEGAL BASIS FOR REGULATING THE INTERACTION OF THE CITY OF MOSCOW AND OTHER SUBJECTS OF THE RUSSIAN FEDERATION
The article discusses topical issues of interregional cooperation of the city of Moscow, as well as the forms of such interaction. Using the example of the activities of the Government of Moscow as the highest executive authority of the city of Moscow, the mechanism of interregional interaction, as well as examples of such interaction, is considered. Special attention is paid to the scientific and legal consolidation of the concept of interaction of the subjects of the Russian Federation. In the context of the broad mobilization of all spheres of state life, the revision of many international relations, the development of the political and economic situation, it is important to establish effective interaction between the subjects of the Russian Federation on the basis of original and successful experience within the state.
Keywords: legal regulation of interaction, interaction of subjects, Moscow, Moscow Government, constitutional law.
Bibliographic list of articles
1. Bagautdinova L. I. On the issue of the concept of interregional cooperation of public authorities of the constituent entities of the Russian Federation // Problems and prospects of jurisprudence in modern conditions: a collection of scientific papers based on the results of the international scientific and practical conference, Kazan, June 11, 2016. Volume Issue III. – Kazan: Innovation Center for the Development of Education and Science, 2016. – pp. 22-25. – [Electronic resource]. – Access mode: https://elibrary.ru/item.asp?id=26365056&pff=1 (date of access: 04/08/2024).
2. Gazette. Industry. Offset contracts in Moscow. – [Electronic resource]. – Access mode: https://www.vedomosti.ru/industry/industrial_policy/articles/2024/03/26/1028150-kak-ofsetnie-kontrakti-menyayut-sferu-goszakupok (date of access: 04/07/2024).
3. Perevyazko D.S. The role of interregional interaction in the development of interregional socio-economic systems // Young scientist. – 2022. – No. 21 (416). – pp. 322-325. – [Electronic resource]. – Access mode: https://moluch.ru/archive/416/92035/ (date of access: 04/09/2024).
4. Khudyakov V.V. On the issue of the concept of “Interregional interactions” in spatial economics // Vestnik TSEU. – 2019. – No. 3 (91). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/k-voprosu-o-ponyatii-mezhregionalnye-vzaimodeystviya-v-prostranstvennoy-ekonomike (date of access: 04/09/2024).
ADMINISTRATIVE LAW
VLASOVA Elena Lvovna
Ph.D. in pedagogical sciences, associate professor of Administrative law and administrative activities of the department of internal affairs sub-faculty of the East-Siberian Institute of the MIA of Russia, Irkutsk
DOBROV Alexey Nikolaevich
Ph.D. in Law, associate professor, Head of Administrative law and administrative activities of the department of internal affairs sub-faculty of the East-Siberian Institute of the MIA of Russia, Irkutsk
THE EMERGENCE AND DEVELOPMENT OF THE PRINCIPLE OF PRESUMPTION OF INNOCENCE
The article is devoted to the analysis of the historical and legal aspect of the emergence and development of the principle of the presumption of innocence from the laws of Hammurabi to the present day, it can be discussed that this provision has gone through a difficult path of development, has undergone a radical change, nevertheless, has been enshrined in legislation. Modern researchers note the principle of the presumption of innocence as part of the general system of principles in Russia, but in administrative legislation it is reflected in a very specific way, transforming the legal terms. Now the legislator does not assume, does not consider, but immediately asserts the guilt of a person by introducing the term “is” into circulation, which contradicts the democratic principles of legal proceedings. The authors focus on the historical transformations that have occurred, including the semantic change in the content of the principle of the presumption of innocence. While expressing their agreement with the legislator in principle, they nevertheless make their own proposals to fill the principle of the presumption of innocence with new meaning.
Keywords: presumption of innocence, principles of law, evaluation of evidence, administrative offense, technical and legal means.
Bibliographic list of articles
1. Barabash A. S. Essay on the development of the theory of the presumption of innocence in Russia // Russian Legal Journal. – 2020. – No. 1. – P. 9-37.
2. Vasiliev L. M. Presumption of innocence of the accused in the history of Russian law. – Volgograd: Publishing house Volgogr. Institute of Economics, Sociol. and rights, 2003. – 247 p.
3. Gushchina L. I. Problems of recognition of psychophysiological research using a polygraph in criminal proceedings of the Russian Federation // Criminal policy and the principle of the presumption of innocence of the accused in the history of Russian law. – 2021. – No. 1. – P. 359-369.
4. Protasov V. N. Presumption of innocence: legal nature and social significance // Russian and international law: general and special. – 2019. – No. 1. – P. 188-191.
5. Khegai L. Does the Law have a soul? // Soul of the law. Depth psychology about law, lawyers and jurisprudence. – M.: Gorodets, 2016. – 204 p.
ADMINISTRATIVE LAW
STEPANYAN Sona Arturovna
postgraduate student of the Patrice Lumumba Peoples’ Friendship University of Russia
MASTERING THE MEASURES OF SECURING TRANSPARENCY AND OPENNESS OF THE ELECTORAL PROCESS IN THE RUSSIAN FEDERATION IN THE CONTEXT OF THE DIGITALIZATION OF THE ELECTIONS
The article discusses the reform and improvement of the electoral process in the Russian Federation. The problems of transparency and openness of the election process in the context of the transition to an electronic voting system are analyzed. The author identifies a number of problems related to the legislative consolidation of certain issues of election automation, ensuring the security and openness of election procedures.
Keywords: elections, electronic voting, digitalization, principle of openness, citizens’ rights.
Bibliographic list of articles
1. Vyazikov I.V. The place of electoral law in the system of political rights // Science of the XXI century: current directions of development. – 2023. – No. 1-2. – pp. 347-349.
2. Marmilova E. P. On the possibility of voting via the Internet at all levels of elections in the Russian Federation in 2020 // Caspian region: politics, economics, culture. – 2021. – No. 3 (68). – pp. 124-130.
3. Khudoley D. M. Electronic voting is a necessity for the digitalization of the electoral process of the Russian Federation // Perm Legal Almanac. – 2019. – No. 2. – P. 163-170.
CIVIL LAW
DADAYAN Elena Vladimirovna
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Krasnoyarsk State Agrarian University
TO THE QUESTION OF THE GOOD FAITH IN ENTREPRENEURSHIP MANAGING OF APARTMENT BUILDINGS
Conscientiousness is an evaluative category in law, despite the fact that the conscientiousness of the actions of participants in civil legal relations is assumed, at the same time, this presumption is rebuttable. In this article, the author tried to speculate about the input categories of good faith, namely, that in some cases, issues not regulated by law can create a certain basis for dishonest actions of subjects of civil legal relations.
Keywords: management of apartment buildings, bankruptcy, person controlling the debtor, management organization, good faith.
Bibliographic list of articles
1. Storozheva A. N., Dadayan E. V. 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 State Agrarian University. – Krasnoyarsk, 2023. – pp. 58-61.
2. Case No. A33-4531-9/2020. [Electronic resource]. – Access mode: https://kad.arbitr.ru/Card/ff8d58eb-3c64-4dd7-b22b-27c988e59cfc (date of access: 03.29.2024).
CIVIL LAW
DELTSOVA Natalya Vyacheslavovna
Ph.D. in Law, associate professor of Legal support of economic activity sub-faculty of the Samara State University of Economics
STOROZHENKO Olga Mikhaylovna
Ph.D. in Law, associate professor of Security in the digital world sub-faculty of the N. E. Bauman Moscow State Technical University
LEGAL ASPECTS OF THE FORMATION OF THE AUTHORIZED CAPITAL OF A BUSINESS COMPANY BY INTELLECTUAL RIGHTS
The article examines theoretical and practical issues related to the formation of the authorized capital of a business company with intellectual rights to intellectual property objects. The conceptual possibility of using certain types of intellectual rights, designated in the law from the point of view of their negotiability, as a contribution to the authorized capital is considered. According to the authors, currently there are all the prerequisites for expanding the range of rights that could potentially be a contribution to the authorized capital. In this aspect, promising “other intellectual rights” should be considered the composer’s right to remuneration for the use of a musical work as part of an audiovisual work and the right to remuneration for a service object. The authors make a proposal on the possibility of making appropriate changes to the current legislation.
Keywords: authorized capital, intellectual rights, exclusive rights, license agreement, negotiability, disposal of exclusive rights
Bibliographic list of articles
1. Bredikhin G. P. Disposal of exclusive rights to intellectual property // Bulletin of KSU. 2020. No. 2. P. 242-248.
2. Bulanov V. D. Intellectual rights as an object of civil rights // Law and Power. 2023. No. 3. pp. 83-90.
3. Vasilyeva E. N. The influence of the type of intellectual property on the negotiability of the exclusive right to it // Proceedings of the Institute of State and Law of the Russian Academy of Sciences. 2011. No. 4. P. 195-204.
4. Dobrachev D.V. Features of introducing intellectual rights as a contribution to the authorized capital of a business company, regulated by a corporate agreement // Journal of Entrepreneurial and Corporate Law. 2021. No. 3. P. 54-57.
5. Dozortsev V. A. Intellectual rights: Concept. System. Codification tasks. M., 2003.
6. Ivanov N.V. The right to remuneration for official work and official performance // Law. 2017. No. 1. P. 147-155.
7. Inshakova A. O. Turnover of objects of civil rights of a property nature: basic concepts, types, trends in legislative development // Legal Concept = Legal paradigm. 2020. T. 19. No. 1. P. 6-15.
8. Kasterin N. A. Modeling the possibility of contributing other intellectual rights to the authorized capital and/or to the property of a business company. [Electronic resource]. – Access mode: https://zakon.ru/blog/2023/01/18/modelirovanie_vozmozhnosti_vklada_inyh_intellektualnyh_prav_v_ustavnyj_kapital_iili_v_imuschestvo_ho#_ftn15 (date of access: 03/03/2024).
9. Kasyanov A. S. Participation of exclusive rights in civil circulation // Property relations in the Russian Federation. 2010. No. 8. P. 28-37.
10. Konyushkevich V.D., Bazurin G.V. Structuring transactions for the creation of joint ventures in IT startups // Property relations in the Russian Federation. 2022. No. 8. P. 50-61.
11. Letuta T.V., Borisova O.V., Stolboushkin A.V. On the problem of introducing rights to the results of intellectual activity and means of individualization into the authorized capital of business companies // STUDIUM. 2018. No. 2 (47). P. 11. [Electronic resource]. – Access mode: https://saransk.ruc.su/upload/Upload_Saransk/Nauka/Studium-2018/Vipusk_2/Letuta_Borisova_Stolboushkin_u.pdf (date of access: 03/10/2024).
12. Resolution of the Plenum of the Supreme Court of the Russian Federation No. 6, Plenum of the Supreme Arbitration Court of the Russian Federation No. 8 of July 1, 1996 (as amended on December 25, 2018) “On some issues related to the application of part one of the Civil Code of the Russian Federation” // Bulletin of the Supreme Court of the Russian Federation. 1996. No. 9.
13. Sviridova E. A. Intellectual rights as subjective civil rights of the copyright holder // Education and law. 2017. No. 3. P. 220-228.
CIVIL LAW
Zavertyaev Andrey Alexeevich
postgraduate student of the State Academic University of Humanities
PRACTICE OF APPLICATION OF LEGISLATION ON DIGITAL FINANCIAL ASSETS AND DIGITAL CURRENCY IN THE RUSSIAN FEDERATION: ANALYSIS OF COURT DECISIONS
The study of legislative provisions through the prism of judicial practice allows us to see some aspects that need to be finalized and improved. This article examines several court decisions, including cases on the prohibition of the circulation of money surrogates and settlements using them when making transactions and in the service sector. The subject of the study is judicial practice in cases related to digital financial assets and digital currency.
A review of judicial practice materials ledto the conclusion that the courts often take the side of private investors when it comes to collecting debt on loans issued on an investment platform. This approach is explained by the desire of the courts to protect private investors from abusive acts on the part of investment platforms. The purpose of this study is to examine the current practice of applying legislation on digital financial assets.
Research methodology. The presented research is structured and built in accordance with the principle of logic. The author has reviewed several court decisions in cases related to digital financial assets. The presented sample is quite sufficient to draw certain conclusions regarding the development of the practice of applying legislation on digital financial assets in Russia. In conclusion, the author formulated a general conclusion on the study. Attention was drawn to the need to review the current legal norms regulating the use of debt obligations, the circulation of digital assets and other financial instruments. During the study, the following general scientific methods of cognition were used: the universal dialectical method, methods of deduction, induction, logic, analysis, synthesis, comparison, formal legal research method, methods of legal forecasting and legal modeling, as well as a statistical method. The integrated application of the listed methods made it possible to conduct a fairly thorough analysis of all important aspects of the issue under study.
Research results. A review of judicial practice in cases of digital financial assets showed that the courts adhere to a prohibitive approach, which is manifested in the recognition of digital currency and other funds issued on the basis of blockchain technology as “money surrogates.” There are also attempts to limit the spread of such “money surrogates”. The author has attempted to highlight the most pressing issues that arise when applying legislation on digital financial assets. Proposals to eliminate them were also formulated. In particular, it is proposed to revise the rules of law governing the circulation of digital assets, the use of debt obligations and other financial instruments.
The general conclusion from the study is that the practice of applying legislation on digital financial assets requires improvement.
Keywords: digital financial assets, money surrogates, digital currency, cryptocurrency, debt obligations, financial instruments, investment platforms, court, judicial practice, consumer protection legislation.
Bibliographic list of articles
1. Aleksandrova N. S. Correlation of the concepts of “digital rights”, “digital currency” and “digital financial asset” // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2021. – No. 6. – P. 28-31.
2. Bryukhovetsky I.V. Legal regulation of the turnover of digital financial assets. – M.: Financial University, 2021. – pp. 74-80.
3. Ermakov S.V., Gubanov D.D. Silkin A.M. Digital currency with a criminal overtones // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2022. – No. 4. – P. 89-93.
4. Resolution of the Ninth Arbitration Court of Appeal of Moscow dated February 20, 2020 in case No. A40-66760/2019. [Electronic resource]. – Access mode: https://www.garant.ru/products/ipo/prime/doc/41967091/?ysclid=lvn04dygn7684047881 (date of access: 02/06/2024).
5. Decision of the Arbitration Court of the Irkutsk Region dated June 3, 2019 in case No. A19-31633/2018. [Electronic resource]. – Access mode: https://turov.pro/wp-content/uploads/2019/11/a19-25029-2018_s0012-2.pdf?ysclid=lvn0357c2m261321835 (access date: 02/06/2024).
6. Decision of the Arbitration Court of the Samara Region dated August 7, 2020 in case No. A55-11976/2020. [Electronic resource]. – Access mode: https://sudact.ru/arbitral/doc/7l0hePAaFjmJ/ (date of access: 02/06/2024).
7. Decision of the Yegoryevsk City Court of July 1, 2015 in case No. 2-1125/2015. [Electronic resource]. – Access mode: https://actofact.ru/case-50RS0009-2-1406-2015-m-1125-2015-2015-04-27-0-0/?ysclid=lvn00ob076243144667 (access date: 02/06/2024) .
8. Decision of the Zavodsky District Court of Saratov dated July 16, 2020 in case No. 2A-1410/2020. [Electronic resource]. – Access mode: https://actofact.ru/case-64RS0044-2a-1410-2020-m-1164-2020-2020-04-28-0-0/?ysclid=lvn01b9xvj202307744 (access date: 02/06/2024) .
9. Decision of the Nyandoma District Court (Arkhangelsk Region) dated July 27, 2020 in case No. 2A-594/2020. [Electronic resource]. – Access mode: https://actofact.ru/case-29RS0017-2a-594-2020-m-539-2020-2020-07-03-0-0/?ysclid=lvn01x8m9p617453502 (access date: 02/06/2024) .
10. Decision of the Ryazhsky District Court (Ryazan Region) dated April 26, 2017 in case No. 2-160/2017. [Electronic resource]. – Access mode: https://lawnotes.ru/sudpraktika/sou/reshenie-_-2-160_2017-ot-26.04.2017-ryazhskogo-rayonnogo-suda-(ryazanskaya-oblast)?ysclid=lvn02kb2xo594032803 (date of access: 06.02 .2024).
11. Rozhkova M. A. Is digital law a branch of law and should we expect the emergence of a Digital Code? // Economy and law. – 2020. – No. 4. – P. 3-13.
12. Savelyev A. I. Cryptocurrencies in the system of objects of civil rights // Law. – 2017. – No. 8. – P. 136-154.
13. Digital law: textbook / [Egorova M. A., Blazheev V. V.]; Under general ed. V.V. Blazheeva, M.A. Egorova. – Moscow: Prospekt, 2020. – 640 pp.
14. Shaydullina V.K. Legal regulation of cryptocurrency turnover: foreign experience // Society: politics, economics, law. – 2018. – No. 4. – P. 79-86.
CIVIL LAW
ZUBKOVA Mariya Nikolaevna
Ph.D. in Law, associate professor of Legal support of economic activities sub-faculty of the Law Institute of the Samara State University of Economics
MANDATORY LEGAL WAYS OF DISPOSING OF THE EXCLUSIVE RIGHT TO A TRADEMARK
In recent decades, the role and importance of means of individualization in commercial turnover have increased significantly. In conditions of market competition, trademarks are designations that are designed to enable the consumer to distinguish the goods and services of a particular manufacturer from similar goods and services provided by other manufacturers. Well-established trademarks in the eyes of consumers are a kind of symbols of quality and trust in this manufacturer. That is why trademarks can be a very valuable intangible asset today. In this regard, contracts related to the disposal of the exclusive right to a trademark are becoming increasingly important in regulating market relations. It should be noted that the turnover of trademark rights is carried out through the commission of a number of civil law transactions, the scientific interest in which is precisely caused by the significance and material value that trademarks possess today.
Keywords: trademark, exclusive rights, disposal of the right to a trademark, license agreement, alienation agreement.
Bibliographic list of articles
1. Aleksandrov E. B. Features of civil law regulation of a patent license agreement in the Russian Federation: Author’s abstract. dis. …cand. legal Sci. – M., 2005. – P. 16.
2. Afanasyeva E. G., Dolgikh M. G., Gvimradze T. A. Trademark as a product: methods of disposal // Business Law. – 2016. – No. 4. – P. 28.
3. Contract law: General provisions. Book 1 / Braginsky M.I., Vitryansky V.V. – 3rd ed., stereotype. – M.: Statute, 2001. – P. 385-386.
4. Zenin I. A. Obligations for the acquisition and use of exclusive rights and know-how // Civil law: textbook / resp. ed. E. A. Sukhanov. 3rd ed., revised. and additional – M., 2006. – T. IV. – P. 4.
5. Zykov S. Responsibility of the licensor for the quality of goods to third parties // Intellectual property. Industrial property. – 2020. – No. 4. – P. 31.
6. Kamil Idris. Intellectual property is a powerful tool for economic growth. World Intellectual Property Organization / Trans. from English – M.: Rospatent, 2004. – P. 197.
7. Lozovskaya S. O. Commercial concession agreement // Laws of Russia: experience, analysis, practice. – 2009. – No. 5. – P. 18.
8. Novoselova L. A., Grin O. S. Realization of intellectual rights as a subject of pledge (procedural aspects) // Bulletin of civil process. – 2020. – No. 5. – P. 72.
CIVIL LAW
KOSHELYUK Bogdan Evgenjevich
Ph.D. in Law, senior lecturer of Civil law and process sub-faculty of the Institute of the Academy of the FPS of Russia, Ryazan
KORNILOV Alexey Rodionovich
Ph.D. in Law, associate professor of Theory of law and administrative and legal disciplines sub-faculty of the S. A. Yesenin Ryazan State University, of Theory and history of law and state sub-faculty of the Russian New University
MAIN ENTREPRENEURIAL RISKS OF BUSINESS AND THEIR EXPERT ASSESSMENT IN THE EXECUTION OF A GOODS SUPPLY AGREEMENT
This article analyzes the problems of execution of the supply contract. Thus, special attention is paid to the key risks of including this agreement. The emphasis is also placed on the transfer of the subject of the contract, the emergence of ownership rights and the need to respect the interests of the parties who have concluded the contract in the context of determining ways to minimize current risks in terms of including such a contract. The author also touches upon the specifics of the expert assessment of the conclusion of the relevant contract. The paper analyzes how a framework supply agreement makes it possible to simplify the relationship between the parties to the relevant agreement. As a result of the analysis of this topic, it is concluded that in order to minimize the risks of concluding an appropriate contract, it is necessary to contact a specialist who has experience in including individual purchase and sale agreements, in particular a supply agreement.
Keywords: supply agreement, performance of the contract, interests of the parties to the contract, the subject of contractual relations.
The simplest bibliography
1. Blinkova E. V., Koshelyuk B. E. Contract for the supply of goods for state needs: monograph (2nd edition). – M.: Prospekt, 2019. – pp. 16-18.
2. Commentary on the Civil Code of the Russian Federation, part two (article-by-article) / Ed. O. N. Sadikova. – M.: INFRA-M, 2020. – 987 pp.
3. Morozov A. A. Evolution of the development of the mechanism of legal regulation of supply contracts for state needs in the Russian Federation. – 2023. – 160 pp.
4. Duck V.V. Supply of goods of inadequate quality // Economy and Law. – 2021. – No. 7. – 134 pp.
5. Civil law: Textbook. / Ed. Y. F. Mikolenko, P. E. Orlovsky. – M.: Legal. MVA Publishing House, 2023. – 185 pp.
CIVIL LAW
STOROZHEVA Anna Nikolaevna
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Krasnoyarsk State Agrarian University
LEGAL REGULATION OF THE RIGHTS AND OBLIGATIONS OF MEMBERS OF THE SNT: RUSSIAN AND BELARUSIAN EXPERIENCE
Issues of legal regulation of the rights and obligations of members of a gardening non-profit partnership quite often arise during the consideration of civil cases on disputes arising from the management of a gardening non-profit partnership (SNT). The author analyzes the rights and obligations of SNT members in accordance with Russian and Belarusian legislation, and also concludes that for more precise legal regulation of the rights and obligations of SNT members, there is a need to improve the relevant norms.
Keywords: rights, obligations, member of SNT, gardening non-profit partnership, review, responsibility, charter, land plot, dispute.
Bibliographic list of articles
1. Storozheva A. N., Dadayan E. V. On the issue of professional qualifications of chairmen of gardening (horticultural) partnerships // Science, education and business: a new look or strategy for integration interaction: Collection of scientific papers based on the materials of the International Scientific and Practical Conference, dedicated to the 80th anniversary of the birth of the first President of the Kabardino-Balkarian Republic Valery Mukhamedovich Kokov, Nalchik, October 14–15, 2021. Volume Part 1. – Nalchik: Federal State Budgetary Educational Institution of Higher Education “Kabardino-Balkarian State Agrarian University named after V. M. Kokov”, 2021. – P. 229-231. – EDN XZNVFR.
2. Storozheva A. N., Dadayan E. V. Legal education of SNT members // Legal education and education of youth in modern Russian society: Materials of the regional (interuniversity) scientific and practical conference, Krasnoyarsk, December 03, 2021. – Krasnoyarsk: Krasnoyarsk State Agrarian University, 2022. – P. 89-91. – EDN DXXKIO.
CIVIL LAW
TELNOV Alexey Vladimirovich
Ph.D. in Law, Chief Legal Adviser of Sberbank Factoring LLC
FEATURES OF THE LEGAL REGULATION BY GERMAN LEGISLATION OF PUBLIC RELATIONS IN THE FIELD OF PROTECTION AGAINST DEFAMATION OF THE REPUTATION OF GERMANY, AS WELL AS BODIES AND PERSONS ACTING ON BEHALF OF AND IN THE INTERESTS OF THE GERMAN STATE
The article analyzes German legislation containing the capabilities of the state, as well as bodies and persons acting on behalf of and in the interests of the state, providing legal protection of its reputation from defamation (from the dissemination of false defamatory information) . The phenomena of public relations are analyzed with examples of their legislative regulation in cases of defamation; the procedure for resolving situations related to the dissemination of information that is a controversial statement of facts or opinions that negatively affect the reputation of the state; special norms of legislation on liability for defamation against bodies and persons acting on behalf and in the interests of the state; procedural issues that are resolved by the subjects affected by defamation in order to initiate legal protection of their intrinsic benefits and rights from defamation. It is suggested that the purpose of the legislator, who provided for special rules on the violation of the rights of bodies and persons acting on behalf of and in the interests of the state from defamation and introduced additional liability for violators of such committed illegal actions, is not onlyto protect the honor and reputation of specifically these mentioned subjects, but also, as a result, in order to protect the reputation of Germany, because defamation, when committed against bodies and persons acting on behalf of and in the interests of the state, damages not only such entities, but actually the reputation of Germany as a whole.
Keywords: defamation, Germany, the state; bodies and persons acting on behalf and in the interests of the state, protection of civil rights, intrinsic benefits, reputation.
Bibliographic list of articles
1. Zheldybina T. A. Legal studies of Germany and Russia (Historical and legal research) // Electronic scientific journal “Science. Society. State”. – 2017. – No. 3 (19). – P. 2.
2. Arslanov K. M. The influence of German and French legal experience on the development of modern Russian legislation // Journal of Foreign Legislation and Comparative Law. – 2014. – No. 5. – P. 781.
3. Häntzschel Kurt Das Deutsche Preßrecht. – Berlin/Boston: De Gruyter, 2022 (Reprint). – P. 20.
4. Rudolf Semend. Verfassung und Verfassungsrecht. Duncker & Humblot. – Munich, 2014 (Reprint). – P. 44.
5. Selected decisions of the German Federal Constitutional Court. – M., Infotropic Media, 2018.
CIVIL LAW
YASTREMSKIY Ivan Anatoljevich
Lawyer of the Leningrad regional bar association, branch of the Law Firm “Pelevin and Partners”
THE PROCEDURE FOR RESOLVING DISPUTES BETWEEN THE PLASTIC SURGERY CLINIC AND THE PATIENT
This article is devoted to the study of the legal significance of the pre-trial dispute settlement procedure under contracts for the provision of paid medical services in the field of plastic surgery. The article reveals the content of negotiations between the patient and the clinic as a pre-trial way to resolve a dispute between its parties. The claim procedure for dispute resolution is analyzed. The effectiveness of the mediation procedure and the institution of the Patient Ombudsman as alternative ways of resolving conflicts between patients and clinics is substantiated. The existing models of implementation of the Patient Ombudsman model are described. The study of this topic can contribute to a deeper understanding of the legal aspects of the provision of medical services in the field of plastic surgery and improve the quality of services provided.
Keywords: plastic surgery, contract, services, medical care, dispute, conflict, negotiation, claim, mediation, mediator, clinic, performer, patient.
Bibliographic list of articles
1. Arestova O. N. On the issue of mediation as the most effective way to resolve conflict situations in the provision of medical services in plastic surgery // Medical Law. 2023. No. 4.
2. Gadzhiev R. G. Selected problems of execution of the contract for the provision of medical services // Forum of young scientists. 2021. No. 1 (53).
3. Dolinskaya L. M. Protection of consumer rights using the example of protecting the rights of patients // Laws of Russia: experience, analysis, practice. 2015. No. 11.
4. Plotnikova A.V. Legal consequences of violation of the contract for the provision of medical services for a fee. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/pravovye-posledstviya-narusheniya-dogovora-vozmezdnogo-okazaniya-meditsinskih-uslug?ysclid=lohgiyelzf392592607.
5. Startsev A. M. Agreement for the provision of medical services: the rights of the patient and the corresponding obligations of the performer // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. 2017. No. 6.
6. Starchikov M. Yu. Resolution of disputes between medical organizations and patients: legislative provisions and judicial practice. M.: Infotropik Media, 2017.
7. Tyrtyshny A. A., Pomazkova S. I. Pre-trial and extrajudicial methods of resolving disputes between doctors and patients // Medical law. 2018. No. 1.
8. Usik T. Yu., Prisada V. S. Current issues of fulfillment of obligations from contracts for the provision of paid medical services // Sustainable development of science and education. 2018. No. 8.
CIVIL LAW
ABSALYAMOVA Violetta Genrikhovna
postgraduate student of Civil law disciplines sub-faculty of the Tyumen State University
GENETIC DATA AND PRIVACY ISSUES: A COMPARATIVE LEGAL ANALYSIS
This article conducts an analysis of the regulation and protection of genetic data at both international and national levels. The study aims to identify key challenges and trends in the legal regulation of genetic data protection, as well as to develop proposals for improving international and national legal frameworks in the interest of protecting the confidentiality ofgenetic information. The author examines the current legislative frameworks in jurisdictions where the legislative protection of genetic information is clearly structured, highlights the unique challenges associated with the confidentiality of genetic data. The author also substantiates the need to clarify the concept of “Genetic data,” aimed at defining such information as sensitive.
Keywords: genetic data, data protection, confidentiality, civil law.
Bibliographic list of articles
1. Veliulova D. B. Legal regime for the protection and protection of personal data in national legislation // Journal of foreign legislation and comparative law. – 2023. – T. 19. No. 6. – P. 123-129. DOI: 10.61205/jzsp.2023.088.
2. Kovaleva N. N. Problems and challenges of digital society: trends in the development of legal regulation of digital transformations: collective monograph in 2 volumes / Ed. N. N. Kovaleva // Federal State Budgetary Educational Institution of Higher Education “Saratov State Academy of Law”. – Saratov: Publishing house of the Federal State Budgetary Educational Institution of Higher Education “Saratov State Law Academy”, 2020. – 455 pp.
CIVIL LAW
VRACHEVA Yuliya Sergeevna
postgraduate student of Civil and corporate law sub-faculty of the Saint Petersburg State University of Economics
JUDICIAL INSTALLMENTS IN BANKRUPTCY CASES
The article considers one of the bankruptcy prevention tools introduced into the bankruptcy law in 2020 – judicial installations. A comparative analysis of the judicial installation plan provided for by the bankruptcy law with the civil law institution of installations, as well as the installation plan provided by the court in relation to the execution of certain judicial acts provided for by procedural legislation, is carried out . The conditions for the use of judicial installations are analyzed, the positive and negative sides of judicial installations in bankruptcy cases are identified, problems that may hinder the use of this mechanism in practice. Analyzing the provisions of the law providing for judicial installations as a way to prevent bankruptcy, the similarities of judicial installations with the procedure for restructuring a citizen’s debts are revealed. It is also concluded that the bankruptcy legislation contains provisions providing for the introduction of rehabilitation procedures against the will of creditors.
Keywords: bankruptcy, moratorium, installations, judicial installations, debt restructuring, bankruptcy prevention.
Bibliographic list of articles
1. Minimulin N.V. The nature of judicial installments as measures to prevent bankruptcy // Education and Law. 2023. No. 10. pp. 281-286.
2. Shershenevich G. F. The Doctrine of Insolvency. – M.: Book on Demand, 2013. – 459 p.
3. Koraev K. B. Problems of legal regulation of the moratorium in bankruptcy legislation // Lawyer. – 2013. – No. 24. – P. 6-10.
4. Galkin S.S. Protection of rights by Russian bankruptcy legislation in the conditions of the economic crisis caused by the COVID-19 epidemic: yesterday, today, tomorrow // Entrepreneurial Law. Application “Law and Business”. – 2020. – No. 3. – P. 22-30.
5. Ryabinin A., Malikov A. Judicial installment plan: continuation of the implementation of the moratorium on bankruptcy // Banking Review. Application “FinLegal”. – 2020. – No. 1. – P. 68-71.
6. Federal Law No. 127-FZ of October 26, 2002 (as amended on December 25, 2023) “On Insolvency (Bankruptcy)” [Electronic resource] Access through the “Consultant Plus” information and reference system. The original text of the document was published in the Rossiyskaya Gazeta publication No. 209-210, 02.11.2002.
7. Resolution of the Plenum of the Supreme Court of the Russian Federation dated November 17, 2015 No. 50 “On the application of legislation by courts when considering certain issues arising during enforcement proceedings” // Rossiyskaya Gazeta No. 270, November 30, 2015
8. Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated June 22, 2012 No. 35 (as amended on December 21, 2017) “On some procedural issues related to the consideration of bankruptcy cases” // “Bulletin of the Supreme Arbitration Court of the Russian Federation”, No. 8, August 2012.
9. Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 24, 2020 No. 44 “On some issues of application of the provisions of Article 9.1 of the Federal Law of October 26, 2002 No. 127-FZ “On Insolvency (Bankruptcy)” // “Rossiyskaya Gazeta”, N 2, 01/12/2021.
References
1. Minimulin N. V. The nature of judicial installations as measures to prevent bankruptcy // Education and law. – 2023. – No. 10. – Pp. 281-286.
2. Shershenevich G. F. The doctrine of insolvency. – M.: Book on Demand, 2013. – 459 p.
3. Koraev K. B. Problems of legal regulation of the moratorium in bankruptcy legislation // Lawyer. – 2013. – No. No. 24. – Pp. 6-10.
4. Galkin S.S. Protection of rights by Russian bankruptcy legislation in the context of the economic crisis caused by the COVID-19 epidemic: yesterday, today, tomorrow // Entrepreneurial law. Appendix “Law and Business”. – 2020. – No. 3. – Pp. 22-30.
5. Ryabinin A., Malikov A. Judicial installation plan: continuation of the implementation of the moratorium on bankruptcy // Banking Review. The “FinLegal” application. – 2020. – No. 1. – Pp. 68-71.
6. Federal Law No. 127-FZ of 10/26/2002 (as amended dated 12/25/2023) “On insolvency (bankruptcy)” [Electronic resource] Access through the information and reference system “Consultant Plus”. The original text of the document was published in Rossiyskaya Gazeta No. 209-210, 02.11.2002.
7. Resolution of the Plenum of the Supreme Court of the Russian Federation dated 11/17/2015 No. 50 “On the application of Legislation by Courts when Considering certain issues arising during enforcement proceedings” // Rossiyskaya Gazeta No. 270, 11.30.2015
8. Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated 06/22/2012 No. 35 (ed. dated 12/21/2017) “On certain procedural issues related to the consideration of bankruptcy cases” // Bulletin of the Supreme Arbitration Court of the Russian Federation, No. 8, August, 2012.
9. Resolution of the Plenum of the Supreme Court of the Russian Federation dated 12/24/2020 No. 44 “On certain issues application of the provisions of Article 9.1 of Federal Law No. 127-FZ dated October 26, 2002 “On Insolvency (Bankruptcy)” // Rossiyskaya Gazeta, No. 2, 01/12/2021.
CIVIL LAW
IDILOV Ayub Ibrahimovich
postgraduate student of Civil law and process and private international law sub-faculty of the Patrice Lumumba Peoples Friendship University of Russia
PREREQUISITES FOR THE DIGITAL TRANSFORMATION OF THE ASSISTANT JUDGE INSTITUTE IN RUSSIA
The article outlines the features of the participation of the “assistant judge” in the age of digitalization of society. Theoretical issues related to the problems of procedural status are analyzed for their basic rights and obligations. The article discusses the motives and ways of modernizing the judicial system in the context of digital transformation, which involves expanding the powers of judicial assistants in procedural matters. It is emphasized that a significant part of the procedural actions does not require the direct participation of a judge and can be carried out by an assistant judge without prejudice to the quality of the judicial system.
Keywords: assistant judge, rights and duties, procedural status, participant, digitalization, reform.
Bibliographic list of articles
1. Civil Procedure Code of the Russian Federation: Federal Law of November 14, 2002 No. 138 FZ // SZ RF. 2002. No. 46. Art. 4532.
2. Basova O. O. Participation of an assistant judge in criminal proceedings: a conceptual approach: dis. …cand. legal Sci. 12.00.09. – M., 2018. – 237 pp.
3. Borisova L. V. On the main directions of the formation and development of electronic justice in modern Russia // Law and Digital Economy. – 2020. – No. 2. – P. 32-35.
4. Vlasova S.V. On the issue of adapting the criminal procedural mechanism to digital reality // Criminologist Library. Science Magazine. – 2018. – No. 1. – P. 9-18.
5. Gertner A. On the issue of using artificial intelligence in the electronic justice system: pro et contra // Young scientist. – 2020. – No. 49 (339). – pp. 211-215.
6. Kovalenko K. E., Pechatnova Yu. V., Statsenko D. A., Kovalenko N. E. Robot judge as overcoming the contradictions of judicial discretion (legal aspects) // Legal Bulletin of the Dagestan State University. – 2020. – No. 4. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sudya-robot-kak-preodolenie-protivorechiy-sudebnogo-usmotreniya-yuridicheskie-aspekty (date of access: 02.27.2024).
7. Kozhokar I.P., Rusakova E.P. Legal implementation legal technology and digital justice // Bulletin of Perm University. Legal sciences. – 2023. – No. 59. – P. 121-141. – DOI 10.17072/1995-4190-2023-59-121-141.
8. Kuzin S. A. Institute of assistant judges in the Russian Federation and prospects for its development // Legal science. – 2022. – No. 7. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/institut-pomoschnikov-sudey-v-rossiyskoy-federatsii-i-perspektivy-ego-razvitiya (date of access: 02.27.2024).
9. Lutsenko E. P. Application of artificial intelligence in the administration of justice in Russia and abroad // Education and Law. – 2022. – No. 6. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/primenenie-iskusstvennogo-intellekta-pri-osuschestvlenii-pravosudiya-v-rossii-i-za-rubezhom (date of access: 02.27.2024).
10. Rizaeva D. E. General characteristicska circumstances excluding in England and the USA: concept and emergence // Eurasian Legal Journal. – 2017. – No. 3 (106). – pp. 217-219
11. Rusakova E. P., Zaitsev V. V. Court hearing in the metaverse: an alternative to an online meeting or Internet court // Eurasian Legal Journal. – 2023. – No. 6 (181). – pp. 231-234.
12. Sangadzhieva K.V., Demina E.P. The influence of legal consciousness on the content of guarantees of rights and freedoms of citizens in the conditions of the development of the information society // Law and Management. – 2023. – pp. 23-30.
13. Tanimov O. V. Transformation of legal relations in the conditions of digitalization // Current problems of Russian law. – 2020. – No. 2 (111). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/transformatsiya-pravootnosheniy-v-usloviyah-tsifrovizatsii (date of access: 02/27/2024).
14. Fedulova S. N. Some problems of legal regulation of the procedural status of persons assisting in the administration of justice in civil cases // Russian Judge. – 2013. – No. 7. – P. 17-19. Civil Procedure Code of the Russian Federation: Federal Law of November 14, 2002 No. 138 FZ // SZ RF. 2002. No. 46. Art. 4532
15. Karasev A. T., Savoskin A. V., Meshcheryagina V. A. Digitalization of justice in the Russian Federation // Bulletin of the Ural Law Institute of the Ministry of Internal Affairs of Russia. – 2021. – No. 2. – P. 71-77.
16. Cherkasova Yu. A. The influence of digitalization on the institution of participants in criminal proceedings (using the example of a court secretary and an assistant judge as participants with an uncertain procedural status) // Russian investigator. – 2022. – pp. 43-47.
17. Khayali R.I. Institute of public assistants in the Soviet prosecutor’s office: legal status, social composition, powers // Bulletin of the Faculty of Law of the Southern Federal University. – 2021. – T. 8. No. 2. – P. 45-51.
18. Sharipova A. R. The influence of digital form on the content of procedural activity (experience of criminal and arbitration proceedings) // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2023. – No. 3 (66). – pp. 81-87.
19. China’s AI-Enabled ‘Smart Courts’ To Recommend Laws & Draft Legal Docs; Judges To Take Consult AI Before Verdict // The Eurasian Times. [Electronic resource]. – Mode of access: https://eurasiantimes.com/chinas-ai-enabled-smart-court-to-recommend-laws-judges/ – Date of access: 02/22/2024
20. [Electronic resource]. – Access mode: https://pravo.ru/story/250266/ (accessed March 11, 2024)
CIVIL LAW
SAVRUKHIN Nikita Sergeevich
postgraduate student of Legal regulation of economic activities sub-faculty of the Financial University under the Government of the Russian Federation
CONVERTIBLE LOAN AGREEMENT AS AN OPTION FOR VENTURE INVESTMENTS IN RUSSIA
The article discusses the topical issues of a new Russian law governed instrument allowing parties to structure Russian law governed venture investments (Convertible Loan Agreement). The relevance of the research is determined by the novelty of the Russian law governed convertible loan agreement that subsequently leads to some problems and conflicts of its regulation. The author also examines some problems of the legal nature of the agreement and parties thereto. The author comes to the approach to the legal nature of the agreement and the correlation of role of a lender as a party to the agreement and a shareholder of the borrower.
Keywords: Convertible Loan Agreement, option, substitutive performance and obligation, venture investments.
Bibliographic list of articles
1. Bychkov A. Convertible loan agreement // Legal directory of the manager. – 2021. – No. 11. – P. 53-63 // SPS “Consultant Plus”. – [Electronic resource]. – Access mode: http://consultant.ru (date of access: 04/5/2024).
2. Gulyaev A. M. Russian civil law: review of current legislation, cassation practice Prav. Senate and the Civil Code Project: a manual for lectures / [op.] A. M. Gulyaev. – 4th ed., revision. and additional – St. Petersburg: Type. M. M. Stasyulevich, 1913. – XIV. – 638 pp.
3. Ilyushina M. N. Convertible loan agreement as a new contractual-obligatory mechanism for regulating corporate relations in limited liability companies // Civil Law. – 2022. – No. 3. – P. 31-35.
4. Kachalova A. V. Convertible loan agreement // Bulletin of the O. E. Kutafin University (MSAL). – 2011. – No. 11. – P. 206 – 215.
5. Makarova A. Legalize relations with the investor. What you need to know about convertible loans // Corporate lawyer. – 2021. – No. 8. – P. 25-29.
6. Tsvetkova E. S. Comparison of a convertible loan agreement and an option agreement from the perspective of protecting the rights of investors using the example of limited liability companies // Notary Bulletin. – 2023. – No. 4. – P. 4-16 // SPS “Consultant Plus”. – [Electronic resource]. – Access mode: http://consultant.ru (date of access: 04/5/2024).
7. Yankovsky R. M. Convertible loan: contractual model and regulatory problems // Law. – 2017. – No. 11. – P. 184-192 // SPS “Consultant Plus”. – [Electronic resource]. – Access mode: http://consultant.ru (date of access: 04/5/2024).
CIVIL LAW
TOKAREV Alexander Maximovich
student of the Law School of the Far Eastern Federal University, Vladivostok
LEGAL REGULATION OF DEEPFAKE TECHNOLOGIES IN THE RUSSIAN FEDERATION
The article analyzes the legal regulation of deepfake technologies in the Russian Federation. The author identifies the peculiarities of regulation, gaps and problems in the current Russian legislation in this area. Special attention is paid to the protection of honor and dignity of persons whose image or voice was used in the creation of fake content. Possible directions for strengthening legal regulation and protection from abuse are suggested. The article also cites the experience of legislative regulation of other states related to the regulation of the use of deepfaking technologies.
Keywords: deepfake, legal regulation, artificial intelligence technology, information technology.
Bibliographic list of articles
1. Dobrobaba M. B., Deepfakes as a threat to human rights // Lex Russica. 2022. No. 11 (192). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/dipfeyki-kak-ugroza-pravam-cheloveka (date of access: 01/02/2024).
2. Krasovskaya N. R., Gulyaev A. A., Technologies of manipulation of consciousness when using deepfakes as a tool of information warfare in the political sphere // Power. 2020. No. 4. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/tehnologii-manipulyatsii-soznaniem-pri-ispolzovanii-dipfeykov-kak-instrumenta-informatsionnoy-voyny-v-politicheskoy-sfere (date of access: 01/02/2024).
3. Matveev A. G., Martyanova E. Yu., Civil protection of a person’s voice during its synthesis and subsequent use // Ex jure. 2023. No. 3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/grazhdansko-pravovaya-ohrana-golosa-cheloveka-pri-ego-sinteze-i-posleduyuschem-ispolzovanii (date of access: 01/03/2024).
4. Danilova V. A., Levkin D. M. legal aspects of regulation of “deepfake” technology in Russia // Law and State: Theory and Practice. 2022. No. 7 (211). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/pravovye-aspekty-regulirovaniya-deepfake-tehnologii-v-rossii (date of access: 12/22/2023).
5. Kiselyov A. S. On the need for legal regulation in the field of artificial intelligence: deepfake as a threat to national security // Moscow Legal Journal. 2021. No. 3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/o-neobhodimosti-pravovogo-regulirovaniya-v-sfere-iskusstvennogo-intellekta-dipfeyk-kak-ugroza-natsionalnoy-bezopasnosti (access date: 01/03/2024).
6. Greshnova N. A., Sitnik V. N. Ensuring public interest in the conditions of digitalization: problems of criminal legislation in Russia (using the example of deepfake technology) // Bulletin of the State Law Academy. 2022. No. 5 (148). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/obespechenie-obschestvennogo-interesa-v-usloviyah-tsifrovizatsii-problemy-ugolovnogo-zakonodatelstva-v-rossii-na-primere-tehnologii (access date: 01/04/2024 ).
7. Bodrov N.F., Lebedeva A.K. The concept of deepfake in Russian law, classification of deepfakes and issues of their legal regulation // Legal studies. 2023. No. 11. P. 26-41. DOI: 10.25136/2409-7136.2023.11.69014 EDN: DYIHIR. [Electronic resource]. – Access mode: https://nbpublish.com/library_read_article.php?id=69014
CIVIL LAW
JIANG Dan
associate professor of the Heihe University
ZHANG Jianwen
senior lecturer of the Heihe University
WANG Xia
associate professor of the Heihe University
RESEARCH ON THE IMPACT OF RUSSIAN MIGRATION POLICY ON CHINESE-RUSSIAN CROSS-BORDER FAMILIES
Migration occurs in the presence of certain reasons of various nature, including cultural and family. The main reasons for internal migration: family and personal reasons; in connection with work; in connection with studies; return to the previous place of residence. The state takes measures aimed at regulating migration processes. The key to the preservation and sustainable development of Russia is an active and effective demographic policy. Optimizing the influence of Russian migration policy on Chinese-Russian cross-border marriage families consists of implementing the following two directions of the demographic program. The first part is the protection of Russia from illegal migration and demographic expansion from the outside. The second part is in the field of family and marriage relations. The keys to solving this problem lie not so much in the economic field as in the cultural and psychological orientation of the entire population.
Keywords: migration, migration policy, China, family, marriage, demography, citizenship.
Bibliographic list of articles
1. Zherebtsov A. N., Ocheredko V. P., Malyshev E. A. Administrative and legal issues of forming an anti-corruption mechanism in the field of migration // Administrative law and process. – 2023. – No. 11. – P. 46-49.
2. Plyugina I. V. Legal means of improving federal state control (supervision) in the field of migration // Journal of Russian Law. – 2023. – No. 11. – P. 89-102.
3. Stepanov A.V. Making a decision on the undesirability of the stay (residence) of a foreign citizen or stateless person in the Russian Federation as an administrative and preventive measure used to ensure the migration security of the Russian Federation // Administrative law and process. – 2024. – No. 2. – P. 58-61.
4. Sokolova E. A. Concept and signs of population migration // New science: hypotheses, views and facts: Collection of scientific papers / Ed. S. V. Kuzmina. – Kazan, 2017. – pp. 242-245.
5. Tomaeva D. M. The concept of “migration”: basic approaches to definition // Scientific opinion. Economic, legal and sociological sciences. – 2018. – No. 1. – P. 39-44.
CIVIL LAW
SHAKHIDZHANOV Andrey Alexandrovich
senior lecturer of the State University of Humanities and Technology, Orekhovo-Zuevo; postgraduate student of the Russian State Academy of Intellectual Property, Moscow; CEO LLC “Treidimport”, Orekhovo-Zuevo
ISSUES OF DOCUMENTARY REGISTRATION OF FORWARDING ACTIVITIES
In the article, the author refers to the problem of the complex construction of regulatory material in national legislation regarding the contractual regulation of cargo transportation. The author considers it expedient to consider the experience of foreign states, namely the system of contractual regulation of freight transport on the example of German law. The paper analyzes the provisions of the German Commercial Code, at the same time identifies the types of named contracts that can be used to formalize relations related to the movement of goods by various modes of transport. An attempt was made to clarify the place of these contracts in the German freight transport regulatory system.
In the article, the researcher concludes that the structural elements of the system under consideration are three groups of contracts of carriage, contract of organization of carriage and contracts of lease of a vessel.
Keywords: cargo transportation contract, charter contract, barbout charter contract, time charter contract, contract system, transportation expedition contract.
Bibliographic list of articles
1. Bazhina M. A. Legal regulation of the contract for the carriage of goods when moving in Russia and Germany: comparative legal analysis // Civil law. – 2017. – No. 2. – P. 42-45.
2. Deutschland Handelsgesetzbuch Gesetz vom 10.05.1897 (RGBl. I S. 219) zuletzt geändert durch Gesetz vom 22.12.2023 (BGBl. I S. 411) m.W.v. 01/01/2024.
3. Bundesumzugskostengesetz vom 11. December 1990. BGBl. I S. 2682.
4. Ehlers P., Paschke M., & Universität Hamburg Institut für Seerecht und Seehandelsrecht. Maritime Law – Current Developments and Perspectives: Publication on the Occasion of the 35th Anniversary of the Institute for the Law of the Sea and Maritime Law (Hamburg). – LIT. 2018. – 306 p.
5. Gerhard Köbler, Etymologisches Rechtswörterbuch, 1995.
6. Peter Bulow. Handelsrecht, 2009. – P. 185.
7. Waldstein T., & Holland H. Binnenschiffahrtsrecht: Kommentar. De Gruyter. – 2011. – P. 453.
8. DWDS – Digital Dictionary of the German Language. Word information system of the German language in the past and present, ed. vd Berlin-Brandenburg Academy of Sciences. – [Electronic resource]. – Access mode: https://www.dwds.de/ (date of access: 02/13/2024).
9. Wolfgang Pfeiffer et al., Etymological Dictionary of the German Language (1993), digitized version, edited by Wolfgang Pfeiffer in the Digital Dictionary of the German Language, – [Electronic resource]. – Access mode: https://www.dwds.de/wb/etymwb /Fracht (date of access: 02/13/2024).
10. Freise, Rainer. Rolf Herber, Seehandelsrecht, Systematische Darstellung, 2. Aufl., Berlin/Boston 2016 // Transportrecht. – Vol. 39. – No. 4. – 2016. – Рp. 162-164.
11. “Binnenschiffahrtsgesetz in der im Bundesgesetzblatt Teil III, Gliederungsnummer 4103-1, veröffentlichten bereinigten Fassung, das zuletzt durch Artikel 55 des Gesetzes vom 10. August 2021 (BGBl. I S. 3436) geändert worden ist.”
CIVIL LAW
CHERKASOV Artem Yurjevich
postgraduate student of the 2nd course of the G. V. Plekhanov Russian University of Economics
LEGAL NATURE AND CURRENT PROBLEMS OF THE MECHANISM FOR REDOMICILIATION OF FOREIGN COMPANIES TO SPECIAL ADMINISTRATIVE REGIONS (SAR)
Under conditions of sanctions pressure, one of the main tasks of state management and control is the legal protection of national groups of companies and the creation of favorable conditions for their functioning within the country. In addition, it becomes necessary to ensure the socio-economic development of the country. All this makes it possible to achieve the main goals of the SAR: the return of capital from abroad, including to increase the tax base, the creation of barriers to interference in the assets of companies by foreign countries, the formation of an optimal level of taxation for redomiciled companies, the development of the least developed parts of the country. Due to the fact that the legislation on SAR appeared relatively recently, a deeper study of the nature of its occurrence and identification of current problems of the formed mechanism becomes relevant.
Keywords: special administrative regions, international company, international holding company, “super benefits”, taxation.
Bibliographic list of articles
1. Samoilova V.V. Legal status of special administrative districts under Russian legislation // Bulletin of the Russian State University for the Humanities. Series “Economics. Control. – Right.” – 2023. – No. 1. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/pravovoy-status-spetsialnyh-administrativnyh-rayonov-po-rossiyskomu-zakonodatelstvu (date of access: 03/02/2024).
CIVIL LAW
YASTREMSKIY Ivan Anatoljevich
Lawyer of the Leningrad regional bar association, branch of the Law Firm “Pelevin and Partners”
RESPONSIBILITY OF THE PLASTIC SURGERY CLINIC FOR IMPROPER FULFILLMENT OF CONTRACTUAL OBLIGATIONS TO THE PATIENT
The article presents the negative consequences of possible poorly performed plastic surgery. The concept and content of the civil liability of the clinic to the patient under the contract for the provision of medical services are disclosed. The requirements that the patient can present to the clinic are considered. It is revealed that the law establishes the presumption of guilt of the harm-doer, who must prove its absence, which increases the responsibility of the clinic. The grounds of the clinic’s innocent responsibility are under investigation. Attention is paid to the responsibility of the clinic for violation of the terms of the beginning and end of the provision of services. Analysis of judicial practice has shown that the patient must be aware of the risks that plastic surgery entails, and failure to achieve the result of the operation expected by the client does not always mean that the defendant provided a service of proper quality. The actual result is related to the specific clinical situation, the characteristics of the plaintiff’s body. It is concluded that in such cases it is necessary first of all to establish the fact of the inadequate quality of this service, and not the consequences to which the provision of services of inadequate quality has led. It is noted that the clinic is responsible for disclosing the patient’s medical secrets (in the form of compensation for moral damage).
Keywords: patient, clinic, medical organization, responsibility, harm, medical care, plastic surgery, guilt, health.
Bibliographic list of articles
1. Batyukova V. E. On the responsibility of doctors for mistakes made // Public service and law. 2019. No. 1.
2. Berillo M. S. Conditions of liability of medical organizations for causing harm to a patient’s health by medical intervention in judicial practice // Legal science and practice. 2016. T. 12. No. 1.
3. Slepenok Yu. N., Stankevich G. V., Stepanova L. P. Features of the responsibility of a medical organization for causing harm to a patient’s health // Legal Bulletin of the Dagestan State University. 2021. Volume 38. No. 2.
4. Starchikov M. Yu. Civil liability of medical organizations for harm caused to the life (health) of patients during the provision of medical services. Theoretical provisions and judicial practice. M., 2016.
5. Starchikov M. Yu. Guilt of a medical organization and cases of its innocent civil liability: on unresolved issues of legal regulation // SPS “Consultant Plus”, 2019.
6. Filimonov A. A. Features of the liability of medical organizations when causing harm to life and health: civil law aspect // Lawyer. 2022. No. 7 // SPS “Consultant Plus”.
7. Shayakhmetova A. R. Civil liability of medical organizationsth: problems of legal regulation. [Electronic resource]. – Access mode: https://pravgos.ru/index.php/journal/article/view/197/195 (date of access: 11/10/2023).
8. Shepel T.V. The relationship between contractual and tortious liability of a medical organization to the patient // Bulletin of Tomsk State University. Right. 2020. No. 38.
CIVIL LAW
ABSALYAMOVA Violetta Genrikhovna
postgraduate student of Civil law disciplines sub-faculty of the Tyumen State University
DOCTRINAL FOUNDATIONS AND PRECEDENT REGULATION OF GENETIC INFORMATION: A COMPARATIVE ANALYSIS
This article examines the current issues of ownership rights over genetic information, emphasizing the intensification of research activity in the field of genetics and the accompanying need for adapting legal foundations. The author offers an analytical review of existing legal doctrines, legislation, and influential court precedents covering aspects of ownership, management, and disposition of genetic data. Through comparative analysis, the necessity of harmonizing legal norms at the international level is highlighted to ensure the protection of personal rights and freedoms within the context of global legal standards.
Keywords: genetic information, property rights, informed consent, legal regulation.
Bibliographic list of articles
1. Grebenshchikova E. G., Andreyuk D. S., Volchkov P. Yu., Vorontsova M. V., Ginter E. K. et al. Genome editing of human embryos: an interdisciplinary approach // Bulletin of the Russian Academy of Medical Sciences. – 2021. – No. 1. – P. 86-92.
2. Locke D. Two treatises on government / John Locke; lane from English E. S. Lagutina and Yu. V. Semenov. – Moscow; Chelyabinsk: Sotsium, 2014. – 494 p.
3. Lyapun I.N., Andryukov B.G., Bynina M.P. Hela cell culture: the immortal legacy of Henrietta Lax // Molecular genetics, microbiology and virology. 2019. – No. 4. – P. 151-157.
CIVIL LAW
DICH Roman Antonovich
postgraduate student of Civil law and process and international private law sub-faculty of the Patrice Lumumba Peoples’ Friendship University of Russia
THE REGISTRY MODEL OF EXECUTIVE DOCUMENTS AS A TOOL FOR IMPROVING THE EFFICIENCY OF ENFORCEMENT PROCEEDINGS
The article examines the dynamics of the development of legal regulation of electronic executive documents, actualizes the practical aspects of issuing executive documents in electronic form. In addition, the draft law providing for the complete abandonment of executive documents in paper form in favor of creating an electronic register of such documents is analyzed, and the positive effects of a complete transition to the registry model of executive documents are predicted, increasing the efficiency of both executive and judicial proceedings.
Keywords: enforcement proceedings, digitalization, registry of enforcement documents, bailiff.
Bibliographic list of articles
1. Branovitsky K. L., Yarkov V. V. Possible directions for the transformation of the civil process in the conditions of digitalization and pandemic: predictive justice // Russian law: education, practice, science. – 2021. – No. 4. – P. 19-26. – DOI: 10.34076/2410_2709_2021_4_19.
2. Ustimova S. A., Rasskazova E. N. Digitalization of enforcement proceedings: advantages and problems // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2022. – No. 5. – P. 267–270. – [Electronic resource]. – Access mode: https://doi.org/10.24412/2073-0454-2022-5-267-270.
CIVIL LAW
NEMAYA Svetlana Yurjevna
competitor of Civil law sub-faculty of the O. E. Kutafin Moscow State Law University (MSAL)
PROBLEMATIC ISSUES OF CONCLUDING AN INTERCREDITOR AGREEMENT
The article outlines a number of issues related to the conclusion of an agreement on the procedure for satisfying creditors’ claims against the debtor (Article 309.1 of the Civil Code of the Russian Federation). The contractual models of subordination of liabilities with active and passive several and joint and several plurality of persons are examined, analyzing their economic feasibility and potential legal risks. The issue of interpreting the homogeneity of subordinated claims of creditors is also considered, revealing the economic and legal inconsistency of the model of subordination of creditors’ claims under synallagmatic contracts in the presence of an unfulfilled counter-obligation, using the example of subordination of a borrower’s claim against the lender for the transfer of the subject of the loan – the buyer’s claim to the seller for the transfer ofa similar item.
Keywords: agreement on the procedure for satisfying creditors’ claims against the debtor, intercreditor agreement, conclusion of an agreement, several and joint and several liabilities, homogeneous liabilities.
Bibliographic list of articles
1. Serdyukov K. A. On the boundaries of the concept of obligations with a plurality of persons // Society and Law. – 2010. – No. 3 (30). – pp. 94-98.
2. Meyer D.I. Russian civil law: In 2 parts. Part 2. – M., 1997. – P. 109.
3. Melikhov E. Subordination of debt: Great Britain, US practice and prospects for applicability in Russia // Journal of the Mergers and Acquisitions Agency. – 2015. – No. 4 (18). – pp. 34-45.
CIVIL LAW
TVORUN Karina Ilmirovna
master of Public Administration, Chief Legal Advisor of PJSC Aeroflot, Moscow
ATTEMPT TO ESTABLISH AND REGULATE THE “RIGHT TO OBLIVION” IN DOMESTIC LEGISLATION AS A SEPARATE CATEGORY
This study is devoted to the problem of the right to oblivion in the digital space, which has become one of the key topics in the conditions of the formation of the Internet network. The increase in the volume of personal data has led to the emergence of the need to develop new mechanisms to protect the constitutional rights of citizens. The emergence of this right was motivated by the risks associated with the disclosure of information on the Internet in terms of individual rights and freedoms, including the right to privacy. Within the current process of digitalization of data, a contradiction is revealed that requires the development of constitutional and legal instruments to harmonize freedom of information and individual privacy.
The author analyzes the relationship between the development of mass media and the need to ensure the protection of privacy, as well as the development of domestic legislation in the field of regulation of information dissemination and emphasizes the importance of developing mechanisms of legal protection of the individual in the digital information space.
Keywords: Right to Oblivion, Internet, personal data, information protection, Constitution of the Russian Federation, information and legal status of an individual.
Bibliographic list of articles
1. Rulings of the ECtHR of June 16, 2015 in the case of Delfi AS v. Estonia. Castells, Manuel (1942-). The power of communication [Text]: [textbook]. – 2nd ed. augmented – Moscow: Publishing house. House of Higher school Economics, 2017. – 590 pp.: ill., table; cm.; ISBN 978-5-7598-1556-3.
2. The European Data Protection and Privacy Conference // European Commission. [Electronic resource]. – Access mode: https://ec.europa.eu/commission/presscorner/detail/en/SPEECH_10_700 (access date: 05/15/2024).
3. O’Hara Kieron. The Right to Be Forgotten: The Good, the Bad, and the Ugly // University of Southampton. The Digital Citizen, 2015.
4. Krylova M. S. Principles of processing personal data in the law of the European Union // Current problems of Russian law. – 2017. – No. 10. – P. 179 @@ Sokolova O. S. Protection of personal data through the right to be forgotten // Modern law. – 2016. – N 9. – P. 69 @@ Malko A.V. Legitimate interests as a legal category [Text] = Legitimate interests as legal category / A.V. Malko, V.V. Subochev. – St. Petersburg: R. Aslanov Publishing House: Legal. Center Press, 2004. – 357 pp.; 21 cm. – (Theory and history of state and law / Assoc. Legal Center, Russian Academic Sciences, Saratov Branch of the Institute of State and Law).; ISBN 5-94201-369-1 (translated).
5. Pushkarskaya A. The Constitutional Court did not doubt the “right
to oblivion” // Kommersant. – 2019. – April 20. – No. 71. – P. 2.
6. Determination of the Constitutional Court of the Russian Federation of November 26, 2018 No. 3087-O on refusal
in accepting for consideration K.’s complaint about the violation of his constitutional rights, paragraph 1 of Art. 3 and part 1 art. 8 of the Federal Law “On Information, Information Technologies and Information Protection”.
7. Ruling of the Constitutional Court of the Russian Federation of February 12, 2019 No. 275-O “On the refusal to accept for consideration the complaints of A.O. Bezrukova for violation of her constitutional rights, paragraph 1 of Art. 1521 and paragraph 1 of Art. 1522 of the Civil Code of the Russian Federation.”
8. Ruling of the Constitutional Court of the Russian Federation of March 26, 2019 No. 849-O “On the refusal to accept for consideration the complaint of the Regional public organization for promoting the education of citizens “Information and Analytical Center “Sova” for violation of constitutional rights and freedoms Art. 10.3 of the Federal Law “On Information, Information Technologies and Information Protection”, in paragraph 2 of Art. 1 of the Federal Law “On Amendments to the Federal Law “On Information, Information Technologies and Information Protection” and Articles 29 and 402 of the Civil Code of the Russian Federation.”
CIVIL LAW
CHERKASOV Artem Yurjevich
postgraduate student of the 2nd course of the G. V. Plekhanov Russian University of Economics
MIKHAYLOVA Veronika Dmitrievna
master’s degree of the Financial University under the Government of the Russian Federation
ECONOMIC AND LEGAL VIEW ON THE PROCEDURE FOR FORMING SHARE PRICES USING THE EXAMPLE OF OIL AND GAS COMPANIES
Investment decisions are made based on technical and fundamental analysis of the market, legal regulation and specific market instruments. It is worth noting that it is also necessary to understand the mechanism by which securities prices are formed, as well as to study factors that can influence quotes. The problem of market pricing is considered by many domestic and foreign lawyers and economists. In view of this, the analysis of the procedure for forming share prices is relevant.
Keywords: securities, shares, oil companies, transfer pricing, investments.
Bibliographic list of articles
1. Bavrina A.P., Borisov I.B. Modern rules for using correlation analysis // Medical almanac. – 2021. – No. 3 (68). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sovremennye-pravila-primeneniya-korrelyatsionnogo-analiza.
2. Vakin A. N., Pitsukha A. V. Analysis of the state and factors influencing the value of shares of oil and gas companies // Scientific notes of young researchers. – 2020. – No. 2. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/analiz-sostoyaniya-i-faktorov-vliyayuschih-na-stoimost-aktsiy-neftegazovyh-kompaniy.
3. Dyakov S. A., Mut A. A. Import and export of oil and gas in Russia before and after sanctions // Innovative science. – 2016. – No. 6-1. – pp. 96-99.
4. Lomtatidze O. V., Shuleshko S. I. Market value of shares and its determining factors // Economics and management: analysis of trends and development prospects. – 2013. – No. 7-2. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/rynochnaya-stoimost-aktsiy-i-opredelyayuschie-eyo-faktory.
5. Malkina M. Yu., Yakovleva E. K. Analysis of the influence of macroeconomic and industry factors on the stock price of companies // Finance and Credit. – 2016. – No. 44 (716). – P. 33-47. – EDN XAHIWJ. – [Electronic resource]. – Access mode: https://www.elibrary.ru/download/elibrary_27340067_49929482.pdf.
6. Milchakova N. A. On the issue of the dependence of the stock market and inflation // Economic analysis: theory and practice. – 2003. – No. 5. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/k-voprosu-o-zavisimosti-rynka-aktsiy-i-inflyatsii.
CIVIL PROCEDURE
AGEEVA Galina Evgenjevna
Ph.D. in Law, associate professor, Head of Civil and arbitration process sub-faculty of the Samara State University of Economics
BELOZEROV Maxim Evgenjevich
magister student of the 1st course of Civil and arbitration process sub-faculty of the Samara State University of Economics
TIMETS Vladimir Yurjevich
postgraduate student of Civil and arbitration process sub-faculty of the Samara State University of Economics
CONSTRUCT OF “UNFRIENDLY ELEMENT” WITHIN THE FRAMEWORK OF ACCESS OF A FOREIGN PERSON TO INFORMATION ABOUT A RUSSIAN CORPORATE ORGANIZATION
The article studies the construction of “unfriendly element” when it is used in relation to corporate relations and come to light some tendencies of its development. The authors note that the construction “unfriendly element” hinders the development of the principle of balance of interests. As a result of the research the necessity of formation of the mechanism of using dispositive change of the order of providing the list of information is revealed.
Keywords: unfriendly element, Russian corporate organization, access to information, restrictions in providing information.
Bibliographic list of articles
1. Zotova E. K. Preservation of corporate control in a joint-stock company in the law of Germany and Russia: dissertation … candidate of legal sciences: 12.00.03 / Elizaveta Konstantinovna Zotova. – Moscow, 2020. – 269 p.
2. Corporate law: textbook and workshop for universities / G. F. Ruchkina [et al.]; edited by G. F. Ruchkina. – Moscow: Yurayt Publishing House, 2024. – 212 p. – (Higher education). – ISBN 978-5-534-11005-0. – Text: electronic // Educational platform Urayt [website]. [Electronic resource]. – Access mode: https://urait.ru/bcode/542186 (date of access: 03/18/2024).
3. Corporate law. Current problems of theory and practice / V. A. Belov [etc.]; edited by V. A. Belov. – 2nd ed., erased. – Moscow: Yurayt Publishing House, 2024. – 552 p. – (Higher education). – ISBN 978-5-534-03261-1. – Text: electronic // Educational platform Urayt [website].[Electronic resource]. – Access mode: https://urait.ru/bcode/535551 (date of access: 03/18/2024).
CIVIL PROCEDURE
AKHMETZYANOVA Gulnara Nafisovna
Ph.D. in Law, associate professor, associate professor of Civil process law sub-faculty of the Kazan branch of the Russian State University of Justice
SALAKHOVA Gulnaz Ildarovna
student of the 3rd course of the Faculty of Law of the Kazan branch of the Russian State University of Justice
LEGAL REPRESENTATION IN CIVIL PROCEEDINGS
This article examines the role of legal representation in civil proceedings. The author analyzes the importance of a lawyer as a professional who provides legal protection of the interests of the parties in civil proceedings. Special attention is paid to the functions, powers and responsibilities of a lawyer in civil proceedings, as well as its impact on ensuring fairness and effectiveness of civil cases.
Keywords: lawyer, civil procedure, representation, protection of interests, legislation, judicial proceedings, justice.
Bibliographic list of articles
1. Davydova Yu. I. “Legal regulation of representation in civil legal relations under the legislation of the Russian Federation” // Young scientists.RF. – 2024. – No. 1. – P. 3-10.
2. Medvedeva E. V. “Representation in civil proceedings” // International Journal of Humanities and Natural Sciences. – 2023. – No. 5-3 (80). – pp. 34-37.
3. Muzurova Yu. V. “Fundamentals of legal representation in civil proceedings” // Interactive science. – 2022. – No. 8 (73). – pp. 101-102.
4. Ogneva E. A., Gavrilyev A. S. “Advocacy in the system of providing free legal assistance in modern Russia: current aspects” // Universum: economics and jurisprudence. – 2024. – No. 1 (111). – pp. 51-53.
5. Review of judicial practice of the Supreme Court of the Russian Federation No. 2 (2015) (approved by the Presidium of the Supreme Court of the Russian Federation on June 26, 2015) // Bulletin of the Supreme Court of the Russian Federation. – 2015. – No. 10.
6. Resolution of the Constitutional Court of the Russian Federation dated January 23, 2007 No. 1-P “In the case of verifying the constitutionality of the provisions of paragraph 1 of Article 779 and paragraph 1 of Article 781 of the Civil Code of the Russian Federation in connection with complaints from the limited liability company “Corporate Security Agency” and citizen B . V. Makeeva” // Collection of legislation of the Russian Federation. – 2007. – No. 6. – Art. 828.
7. Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated 02/04/2014 No. 16291/10 in case No. A40-91883/08-61-820 // Bulletin of the Supreme Arbitration Court of the Russian Federation. – 2014. – No. 6.
CIVIL PROCEDURE
PARFIRJEV Dmitriy Nikolaevich
Ph.D. in Law, associate professor of Civil process law sub-faculty of the Kazan branch of the Russian State University of Justice
DUBININA Alexandra Sergeevna
student of the 3rd course of the Kazan branch of the Russian State University of Justice
ULDANOVA Almira Imilevna
student of the 3rd course of the Kazan branch of the Russian State University of Justice
FREE LEGAL AID AT THE PRESENT STAGE OF DEVELOPMENT OF CIVIL PROCEEDINGS
This article analyzes the current state of the institution of free legal aid in the framework of civil proceedings. The main tendencies of development of the institution of free legal aid, its problems and ways of their solution were outlined. The article discussed the question of the need to revise the categories of citizens entitled to free legal aid, as well as – the question of the need for legislative changes in the list of powers of representatives of non-state organizations in the provision of free legal aid.
Keywords: free legal aid, law, justice, accessibility, civil proceedings.
Bibliographic list of articles
1. Aleksandrov A. Yu., Arkhipova I. A. Free legal assistance in the form of representation in civil proceedings // Modern Science. – 2022. – No. 7. – P. 33-37.
2. Belyaeva M. S. Problems of providing free legal assistance that affect the accessibility of justice in civil proceedings. // Current issues of modern science. – 2021. – pp. 41-51.
3. Belyakova A. V. The importance of professional legal assistance in the implementation of the protection of the right to legal proceedings within a reasonable time // Journal of Administrative Legal Proceedings. – 2022. – No. 1. – P. 37-43.
4. Medvedeva V. A. Problems of providing free legal assistance in civil proceedings //Modern science: current issues, achievements and innovations. – 2020. – pp. 250-252.
5. Ustinova V. G. Problems of providing free legal assistance in civil proceedings // Materials of the All-Russian Conference with International Participation (Kurgan, February 12, 2020). – 2020. – P. 142.
CIVIL PROCEDURE
SAVENKOV Artem Alexandrovich
Ph.D. in Law, doctoral student of the Institute of State and Law of the Russian Academy of Sciences
MOROZOVA Sofiya Yurjevna
master degree of Civil process sub-faculty of the Faculty of Law of the M. V. Lomonosov Moscow State University
PRE-TRIAL DISCLOSURE IN ENGLAND CIVIL PROCEDURE
The article deals with a pre-trial disclosure of evidence in England civil procedure. The author explains the meaning of the term “disclosure” that replaced the historical term “discovery” in the course of Lord Woolf’s reform. Disclosure helps to reduce informational inequality between the parties, clarify the disputed issues and contributes to the settlement of disputes. Special attention is paid to the pre-action protocols regulating early disclosure of documents on the eve of litigation. Examples of documents to be disclosed in personal injury cases are provided.
Keywords: civil procedure, pre-trial, disclosure, evidence, England, disclosure, discovery, pre-action protocols, on the eve of litigation.
Bibliographic list of articles
1. Levin J.B. Discovery: A Comparison between English and American Civil Discovery Law with Reform Proposals [Disclosure: a comparison of English and American civil discovery legislation with reform proposals]. – Oxford: Clarendon Press, 1982. – 208 p.
2. Lozovitskaya A.D. Modernization of disclosure in civil proceedings in England: monograph. – M.: Publishing House “Gorodets”, 2021. – P. 9.
3. Higgins A. Open door disclosure in civil // International Journal of Evidence & Proof. – 2012. – Vol. 16, Issue 3. – P. 301.
4. Wolfson M. E. Addressing the adversarial dilemma of civil discovery // Cleveland State Law Review. – 1988. – Vol. 36, Issue 1.
5. Lozovitskaya A. D. The importance of disclosing evidence in civil proceedings in Russia and England // Laws of Russia: experience, analysis, practice. – 2019. – No. 11. – P. 100-104.
6. Walker, E. Understanding pre-action protocols in civil litigation: resolving disputes before court. [Electronic resource]. – Access mode: https://www.ramsdens.co.uk/blog/understanding-pre-action-protocols-civil-litigation-resolving-disputes-court (access date: 04/30/2024).
7. Lord Woolf. Interim report. June 1995. – Oxford: Oxford University Press, 1996.
8. Pre-Action Protocol for Personal Injury Claims. [Electronic resource]. – Access mode: https://www.justice.gov.uk/courts/procedure-rules/civil/protocol/prot_pic#2.1 (access date: 04/30/2024).
9. Practice direction Pre-action conduct. [Electronic resource]. – Access mode: https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/practice_directions/pd_pre-action_conduct.pdf (access date: 04/30/2024).
10. Pre-Action Protocol for Personal Injury Claims. [Electronic resource]. – Access mode: https://www.justice.gov.uk/courts/procedure-rules/civil/protocol/prot_pic#2.1 (access date: 04/30/2024).
CIVIL PROCEDURE
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 Civil and private international law sub-faculty of the Volgograd State University
ALTERNATIVE PROCEDURES FOR THE RESOLUTION OF DISPUTES ARISING BETWEEN THE SUBJECTS OF A PRENUPTIAL AGREEMENT
The authors of the article characterized the main means of preventing conflicts between parties to a prenuptial agreement, which included: negotiation, claim procedure of dispute resolution, mediation and arbitration. Each of these procedures has distinctive features and can be used depending on the specific conflict situation. It is concluded that one of the key advantages of alternative dispute resolution between the parties to the prenuptial agreement is the possibility of quick and effective resolution of the conflict without recourse to the court of general jurisdiction.
Keywords: prenuptial agreement, spouses, negotiation, claim procedure, mediation, legislation, arbitration.
Bibliographic list of articles
1. Dubrovina A. N., Fantrov P. P. Trends in the modernization of the institution of marriage contracts in modern Russia // Forum. – 2023. – No. 3.
2. Zagainova S.K. The concept of creating a Russian system of conciliation procedures: basic ideas // Arbitration and civil process. – 2018. – No. 7.
3. Kocharovsky D. S. Problems of judicial regulation of property and personal non-property rights of spouses upon divorce in RoRussian Federation // Law and law. – 2023. – No. 6.
4. Sevastyanov G.V. Theoretical foundations of alternative dispute resolution: the concept of private procedural law // Reader on alternative dispute resolution: Educational materials and practical recommendations. – St. Petersburg: ANO “Editorial Board of the Journal “Arbitration Court”, 2009.
5. Khakhaleva N.V., Kuchma E.A. On the issue of creating a Russian system of conciliation procedures // Achievements of science and education. – 2018. – No. 12.
6. Chashkova S. Yu. Competition of family law contracts and mediation agreements aimed at regulating family law disputes // Lex Russica (Russian Law). – 2022. – No. 4.
7. Yarkov V.V. Mediation in notarial activity: new opportunities and their limits // Notary. – 2020. – No. 1.
CIVIL PROCEDURE
ZIYATDINOVA Aina Azatovna
student of the Kazan branch of the Russian State University of Justice
THE CONTENT AND FORM OF ELECTRONIC EVIDENCE
The article reveals the features of the content and form of electronic evidence. It is noted that there are no norms regulating this issue in the legislation, in connection with which the position of the Plenum of the Supreme Court of the Russian Federation is being studied, judicial practice is being analyzed, and the role of the notary in providing electronic evidence of the appropriate form is being considered. The author emphasizes the importance of the Far Eastern legal regulation in the field of electronic evidence, as well as the development of special rules for submission to court, research and evaluation of such evidence.
Keywords: electronic evidence, evaluation of evidence, provision of evidence, proof, civil procedure.
Bibliographic list of articles
1. Civil procedural code of the Russian Federation of November 14, 2002 No. 138-FZ (as amended on December 25, 2023) // Collection of legislation of the Russian Federation. – 2002. – No. 46. – Art. 4532.
2. Fundamentals of the legislation of the Russian Federation on notaries of February 11, 1993 (as amended on June 28, 2024) // Collection of Legislation of the Russian Federation. – 1993. – No. 4462-1. – St. 358.
3. Federal Law of April 6, 2011 No. 63-FZ “On Electronic Signatures” (as amended on August 4, 2023) // Collection of Legislation of the Russian Federation. – 2011. – No. 15. – Art. 2036.
4. On the application of part four of the Civil Code of the Russian Federation: Resolution No. 10 of the Plenum of the Supreme Court of the Russian Federation of April 23, 2019 // Bulletin of the Supreme Court of the Russian Federation: official publication. – 2019
5. Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated December 6, 2016 No. 35-КГ16-18. – [Electronic resource]. – Access mode: https://legalacts.ru/sud/opredelenie-verkhovnogo-suda-rf-ot-06122016-n-35-kg16-18/ (date of access: 02.20.2024).
6. Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated February 7, 2023 No. 5-KG22-144-K2. – [Electronic resource]. – Access mode: https://www.vsrf.ru/stor_pdf.php?id=2212388&ysclid=lkwnrqqc3f780326949 (date of access: 02.20.2024).
7. Gavrilova O. Yu. Providing evidence by a notary // Stolypin Bulletin. – 2023. – No. 4. – P. 1720-1728.
8. Morozova G. A., Gubaidullina E. Kh. Electronic documents in civil proceedings: problems in the method and form of submission to the court // International Journal of Humanities and Natural Sciences. – 2020. – No. 4-2. – pp. 193-197.
9. Nakhova E. A. Problems of electronic evidence in the civil process // Leningrad Law Journal. – 2015. – No. 4 (42). – pp. 301-312.
10. Novitsky V. A., Novitskaya L. Yu. Concept and types of digital evidence // Leningrad Legal Journal. – 2019. – No. 1 (55). – pp. 213-220.
11. Screenshot as evidence in court. Yandex.Zen. – [Electronic resource]. – Access mode: https://dzen.ru/a/Y4tnRhGcCEPR9Kpg (date of access: 02/16/2024).
CIVIL PROCEDURE
LARIN Vadim Ruslanovich
magister student of the 2nd course of the Law School of the Far Eastern Federal University, Vladivostok
ON THE CONCEPT OF ABUSE OF PROCEDURAL RIGHTS IN THE CIVIL PROCESS
This article raises the question of the concept of abuse of procedural law, analyzes doctrinal definitions of procedural abuse, as well as the position of the Supreme Court of the Russian Federation regarding the signs that make it possible to identify the fact of abuse of law. The work presents different points of view of scientists on this issue and analyzes it from the point of view of consistency with civil procedural legislation.
The author proposes to include in the procedural codes of the Russian Federation norms that establish the concept, types and legal consequences of abuse of procedural law. To streamline and harmonize legislation, the norms should be consolidated in a separate chapter of the Code of Civil Procedure of the Russian Federation, which will facilitate the correct and timely consideration and resolution of civil, arbitration and administrative cases.
Keywords: abuse of procedural rights, civil process, dishonest behavior of persons involved in the case, the concept of abuse of procedural rights, methods of procedural abuse, legal consequences of unfair behavior, judicial practice , civil process, arbitration process, administrative proceedings.
Bibliographic list of articles
1. Aminova G. A. Abuse of civil procedural rights in civil proceedings // Vestnik Bashkirsk. un-ta. 2019. No. 3. P. 767-770.
2. Berdova I. A., Ginzburg I. V. Abuse of procedural rights in civil proceedings // World of Science and Education. 2017. No. 2 (10). P. 7.
3. Boretskaya L. R. Abuse of procedural rights in the civil process: concept, goals and methods // Scientific notes of the Crimean Federal University named after V. I. Vernadsky. Legal sciences. 2022. T. 8. No. 4. P. 331-339.
4. Borisov Ya. I. On the legal nature of procedural abuses in the civil process // Law and practice. 2022. No. 3. P. 200-204.
5. Vede Yu. V. Basic concepts of abuse of procedural rights // Arbitration and civil process. 2019. No. 10. P. 19-23.
6. Vyazovtseva V. E., Mironov A. A. On the concept of abuse of procedural rights in the arbitration process of the Russian Federation // Questions of Russian Justice. 2020. No. 9. P. 1183-1189.
7. Gotyzheva Z. M. Abuse of procedural rights: problems and solutions // Bulletin of the Saratov State Law Academy. 2018. No. 1 (120). pp. 166-172.
8. Goshkoderya O. A., Taran A. N. Abuse of procedural rights in civil proceedings // International Journal of Humanities and Natural Sciences. 2022. No. 9-1. pp. 179-181.
9. Yudin A.V. Abuse of procedural rights in civil proceedings: dis. … doc. legal Sci. St. Petersburg, 2009. 52 p.
CIVIL PROCEDURE
MUKOSEEV Ivan Vladimirovich
magister student of the 2nd course of the full-time department of the direction of training 40.04.01 “jurisprudence” in the profile “Civil law. Family Law” of the St. Petersburg State University of Economics
DETERMINATION OF THE LIMITS OF JUDICIAL DISCRETION IN THE ANALOGY OF LAW IN CIVIL PROCEEDINGS
Relevance. The article reveals the significance of the analogy of law in civil proceedings. The annual technological and technical development of mankind penetrates deeper and faster into all spheres of public life. Such rapid, versatile, technically complex changes in civil law relations entail the absence of their clear regulation and reflection in the current legislation, and cause the formation of increasingly large legal gaps. The analogy of law is able to overcome emerging disputable situations that do not fall under the regulation of a specific rule of law. In this regard, this mechanism in court proceedings has now received increased relevance, in order to preserve the legality of which it remains important to define clear boundaries of its application in order to avoid judicial arbitrariness.
The purpose of this article is to comprehend one of the varieties of judicial discretion – the analogy of law with the identification of the limits of its application.
Objectives: to investigate the very concept and mechanism of analogy of law, to determine its significance in overcoming gaps in legislation found during the trial. To discover in the laws and the doctrine of law the restraining framework (limits) of the manifestation of judicial discretion.
Methodology. The methodological basis of this article consists of methods of scientific cognition, including analysis, historical method, as well as formal legal and comparative legal methods.
Results. Within the framework of the study, the expediency of using the analogy of law was determined, and the limits of its use were noted, preserving the legality of the mechanism for overcoming gaps in law in the process of civil proceedings.
Conclusion. The analogy of law is one of the forms of implementation of judicial discretion, used to overcome the legal gaps in the legislation. Unsettled by law public relations in the case of becoming the subject of judicial proceedings are resolved by applying the principles of the general principles of law, acting at the same time as the limits of judicial discretion, since the decision made by the court under the analogy of law must strictly comply with them.
Keywords: judicial discretion, analogy of law, law enforcement, powers of the court, civil proceedings.
Bibliographic list of articles
1. Abramova E. N. Discussions about the legal nature of cryptocurrency // Law and modern economics: collection of materials of the I International Scientific and Practical Conference of the Faculty of Law of St. Petersburg State University of Economics, St. Petersburg, April 05, 2018. – St. Petersburg: St. Petersburg State Economic University, 2018.
2. Bonner A. T. Application of the law and judicial discretion // Soviet State and Law – 1979. – No. 6.
3. Vlasenko N. A., Zaloilo M. V. Concretization and interpretation of law as the creative content of judicial practice // Journal of Russian Law. – 2016. – No. 8 (236).
4. Gadzhialieva N. Sh. Application of discretionary powers by the court when interpreting the rules of law // Bulletin of Economic Security. – 2021. – No. 5.
5. Gadzhialieva N. Sh. Implementation of discretionary powers by the court when applying the analogy of law in civil proceedings // Education. The science. Scientific personnel. – 2022. – No. 1.
6. Golyakova I. T. Collection of resolutions of the Plenum and rulings of the collegiums of the Supreme Court of the USSR, 1940. – M.: Legal. Publishing house of the People’s Commissariat of Justice of the USSR, 1941.
7. Gurvich M. A. Judicial decision. Theoretical problems. – M.: Legal. lit., 1976.
8. Demichev A. A., Ilyukhina V. A. About some debatable problems of the principles of the civil process in Russia (analogy of law and analogy of law, combination of individual and collegial principles in legal proceedings) // Arbitration and civil process. – 2020. – No. 7.
9. Dmitrievna K. A. Sources of discretionary powers of judges in Russian law // Bulletin of the Baltic Federal University. I. Kant. Series: Humanities and social sciences. – 2016. – No. 3.
10. Dmitrievna K. A. Implementation of discretionary powers of law enforcers in the system of ways to overcome legal uncertainty // Bulletin of Omsk State University. Series. Right. – 2017. – No. 4 (53).
11. Dmitrievna K. A. (14 text) The legal position of a judge in the process of exercising discretionary powers // Vestn. Volume. state un-ta. Right. – 2017. – No. 23.
12. Kuznetsova N.V., Lapshina L.P. Discussion issues of law enforcement discretion // Bulletin of the Udmurt University. Series “Economics and Law”. – 2020. – No. 1.
13. Lazarev V.V., Lipen S.V. Theory of state and law: a textbook for universities. 5th edition, rev. and additional – M.: Yurayt Publishing House, 2023.
14. Laptander A.A. Analogy in the system of Russian civil law // Scientific and practical electronic journal Alley of Science 2021 No. 6 (57);
15. Lushnikov P.V. Problems in law and ways to eliminate them // Bulletin of the Udmurt University. – 2020. – No. 3.
16. Lyubushkin V. A., Chelmakina A. A. The problem of gaps in legislation and ways to eliminate it // Contentus. – 2022. – No. 4.
17. Mezhekkey A.V. Judicial law-making, implemented through the application of the analogy of law and the analogy of law // Education and Law. – 2022. – No. 10.
18. Mironov V. O., Kabanova O. V., Pavlina T. G. Gaps in the law and some other aspects of law enforcement // Agrarian and land law. – 2020. – No. 4 (184).
19. Musatkina A.I. Gaps in law and justice: causes and ways to eliminate them // Problems of reforming Russian statehood: Materials of the XIV All-Russian Conference on National and International Law. Ekaterinburg: Educational and Scientific Laboratory “SAPIENTIA”, 2019.
20. Nikitina A. A. Gaps in law and legislation: concept, causes and methods of elimination // Senergy Sciences. – 2019. – No. 3.
21. Pigolkin A. Detection and overcoming gaps in the law // Soviet State and Law. – 1970. – No. 3.
CIVIL PROCEDURE
MUSLIMOVA Jamilya Galimovna
magister student of the 2nd year of study of the 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
FEATURES OF EVALUATION OF DIGITAL EVIDENCE IN CIVIL PROCEEDINGS
The evaluation of digital evidence presents a pressing challenge in today’s legal society. Digital technologies are increasingly being used as evidence in civil cases, but their assessment requires special attention and expertise. This article will discuss the main aspects of assessing digital evidence, such as authenticity, reliability, expert opinion, compliance with law, transparency and privacy protection. Analysis of these features will identify key aspects of the assessment of digital evidence and offer recommendations for the judiciary and parties in civil proceedings.
Keywords: evaluation of digital evidence, methods of evaluating electronic evidence, written evidence, electronic documents.
Bibliographic list of articles
1. Laptev V. A. Elethrone evidence in the arbitration process // Russian justice. – 2017. – No. 2. – P. 56-59.
2. Sedelnikova D. V. Problems of using electronic evidence in civil and arbitration processes // Civil law and process. – 2017. – No. 2. – P. 31-34.
3. Bakhareva O. A. Certain aspects of research and evaluation of electronic documents // Bulletin of the Saratov State Law Academy. – 2021. – No. 6. – P. 157-161.
4. Reshetnyak V.I., Smagina E.S. Information technologies… P. 179.
FAMILY LAW
MAXIMOV Vitaliy Alexeevich
Ph.D. in Law, associate professor, associate professor of Civil law disciplines sub-faculty of the St. Petersburg Law Institute (branch) of the University of the Public Prosecutor’s Office of the Russian Federation
DROBOV Dmitriy Evgenjevich
Ph.D. in Law, associate professor of Civil law and civil process sub-faculty of the St. Petersburg University of the MIA of Russia
UNIFICATION OF FAMILY LAW: MYTH OR REALITY?
The article is devoted to the study of attempts to harmonize the family legislation of the European Union. The authors draw attention to the fact that the lack of unity among scholars determines the need for further research into this problem. The study demonstrates that the establishment of the Commission for European Family Law (CEFL) was important for the unification of family law within the EU. Within the framework of the study, the authors note that the harmonization of family law in the EU is also facilitated by the practice of the European Court of Human Rights, under the influence of which states are forced to change their national legislation, bringing it in line with common European values. The authors agree with the application of the “best law” method in the development of the principles of European family law. The authors pay special attention to the argumentation and analysis of the opinions of various European scholars.
Keywords: family law, unification, harmonization, method of better law, European Union, Commission for European Family Law (CEFL).
Bibliographic list of articles
1. Anca-Monica Ardeleanu. Principles of European Family Law Regarding Divorce-Special View over the Romanian Civil Code // AUDJ. – 2013. – Vol. 9.No. 2. – R. 51-61.
2. Antokolskaia M. Family law and national culture. Arguing against the cultural constraints argument // Utrecht Law Review. – 2008. – No. 4 (2). – R. 25-26. – [Electronic resource]. – Access mode: https://www.utrechtlawreview.org/articles/abstract/10.18352/ulr.63/
3. Lhoest B. The Harmonization of European Family Law: Work in Progress. – 2016. – [Electronic resource]. – Access mode: https://www.peacepalacelibrary. nl/2016/12/the-harmonization-of-european-family-law-work-in-progress/
4. Boele-Woelki K. The principles of European family law: its aims and prospects // Utrecht Law Review. – 2005. – No. 1(2). – R. 160-168. – DOI: http://doi.org/10.18352/ulr.13.
5. Burcu Kalkan Oguzturk. A General Perspective to the History and the Harmonization Idea of Family Law in Europe. 2009. – [Electronic resource]. – Access mode: https://dergipark.org.tr/download/article-file/6141.
6. David Bradley. A family law for Europe? Sovereignty, political economyand legitimation. Perspectives for the unification and harmonization of family law in Europe. Edited by Katharina Boele-Woelki. – Antwerp – Oxford – New York, 2003. – R. 65-104.
7. Dieter Martiny. Is Unification of Family Law Feasible or even Desirable? – 2010. – [Electronic resource]. – Access mode: http://dx.doi.org/10.2139/ssrn.1612157.
8. Masha Antokolskaia. The “Better law” approach and the harmonization of family law. Perspectives for the unification and harmonization of family law in Europe. Edited by Katharina Boele-Woelki. – Antwerp – Oxford – New York, 2003. – R. 159-182.
9. Nina Dethloff. Arguments for the unification and harmonization of family law in Europe. Perspectives for the unification and harmonization of family law in Europe. Edited by Katharina Boele-Woelki. – Antwerp – Oxford – New York, 2003. – R. 37-64.
10. Walter Pintens. Europeanization of family law. Perspectives for the unification and harmonization of family law in Europe. Edited by Katharina Boele-Woelki. – Antwerp – Oxford – New York, 2003. – R. 3-33.
LABOR LAW
ALIEV Ali Shapievich
postgraduate student of the Academy of Labor and Social Relations, lecturer of the Dagestan State University, branch in Izberbash
FEATURES OF THE IMPLEMENTATION OF SOCIAL PROGRAMS FOR YOUNG FAMILIES
Support for young families is one of the priorities of State policy. The positive development of society, stability and well-being depend on the success of the adaptation of new family units in society. In this regard, social programs for young families play an important role, providing support, tangible and intrinsic benefits, as well as creating conditions for their full-fledged social development.
First of all, the State is required to establish an individual approach to each family when developing social programs for young families. Given the diversity of situations and needs, programs should be designed with the interests of each family in mind. Programs should provide various forms of support, ranging from financial benefits at the birth of a child and maternity capital, ending with the provision of housing or preferential loans for the purchase of housing.
This approach allows us to take into account various factors of the economic crisis and its impact on young families and protect the interests of specific young families as cells of modern society.
Keywords: young family, social security, family interests, individual approach.
Bibliographic list of articles
1. Adryushina E. V., Panova E. A. The influence of state policy on the family strategies of student youth // Art of Management. – 2019. – T. 11. No. 2. – P. 200-219.
2. Balashova I.V. Development of a system of social support for families // Bulletin of the Adygea State University. Episode 5: Economics. – 2022. – No. 4(310). – pp. 115–120.
3. Antonov A.I. Family as a social institution // Fundamentals of Sociology / Ed. A. G. Efendieva. – M., 2004. – Ch. 2. – pp. 15-25.
4. Social work with youth: textbook / Ed. N. F. Basova. – M.: Publishing and trading corporation “Dashkov and K°”, 2010. – 3rd ed. – 328 c.
5. Zhuravleva L. A., Kruzhkova T. I. Crisis phenomena of the family institution // Agrarian education and science. – 2016. – No. 2. – pp. 23-26.
LAND LAW
DE Egor Petrovich
assistant of Labor and Environmental law sub-faculty of the Far Eastern Federal University, Vladivostok
NAZAROVA Anastasia Maximovna
student of the 3rd course of the bachelor’s degree in the field of training 03/40/01 of the Law School of the Far Eastern Federal University, Vladivostok
LYASHKO Yuliya Olegovna
student of the 3rd course of the bachelor’s degree in the field of training 03/40/01 of the Law School of the Far Eastern Federal University, Vladivostok
PROVATKINA Valeriya Evgenjevna
student of the 3rd course of the bachelor’s degree in the field of training 03/40/01 of the Law School of the Far Eastern Federal University, Vladivostok
MAIN PROBLEMS OF APPLICATION OF LAND LEGISLATION ON THE LEGAL REGIME OF SPECIALLY PROTECTED NATURAL TERRITORIES
This article considers a number of problems of land legislation application, which are related to the legal regime of specially protected natural territories. The state should take actions to develop the system of specially protected natural territories and create a legal regime to preserve the favorable condition of specially protected natural territories. As a result, contradictions of norms of the Land Code and shortcomings of the Federal Law “On Specially Protected Natural Territories” have been revealed.
Keywords: specially Protected Natural Territories, legislation, contradictions, natural resources, flora and fauna.
Bibliographic list of articles
1. Federal Law “On Specially Protected Natural Territories” dated March 14, 1995 No. 33-FZ (latest edition) // SPS “Consultant Plus”. – [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_6072/
2. “Land Code of the Russian Federation” dated October 25, 2001 No. 136-FZ (as amended on December 25, 2023) // SPS “Consultant Plus”. – [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_33773/
3. Bryzhko V. G., Kosheleva L. A., Kashina O. S. Problems of using specially protected lands // Current problems of economics, sociology and law. – 2019. – No. 1. – P. 40-43.
4. Kovalenko E.I. Legal status and regime of protection and use of specially protected natural areas: statement of the problem // Bulletin of the South Ural State University. Series: Law. – 2021. – T. 21. No. 3. – P. 93-100.
5. Loginova A. A. Main problems of application of land legislation on the legal regime of specially protected natural areas // Scientific revolutions as a key factor in the development of science and technology: a collection of articles based on the results of the International Scientific and Practical Conference, Yekaterinburg, December 24, 2021. – Sterlitamak: Limited Liability Company “Agency for International Research”, 2021. – P. 341-343.
6. Safarov V. R., Sultangareev A. R. Main problems of application of Land legislation on the legal regime of specially protected natural areas // Integration of science in the era of crisis: problems, solutions: Materials of the IX All-Russian scientific and practical conference, Rostov-on-Don , June 09, 2022. – Rostov-on-Don: Limited Liability Company “Manuscript”, 2022. – P. 401-402.
7. Tukhvatullina D. M., Trifonova O. V. Lands of specially protected natural territories and objects // Alley of Science. – 2021. – T. 1. No. 4. – P. 497-500.
LAND LAW
KAMYSHNIKOVA Tatyana Sergeevna
student of the Agrarian and Technological Institute of the Patrice Lumumba Peoples’ Friendship University of Russia
KRUSHINOVA Marina Yurjevna
student of the Agrarian and Technological Institute of the Patrice Lumumba Peoples’ Friendship University of Russia
ALESHIN Mikhail Vyacheslavovich
senior Lecturer of the Agrarian and Technological Institute of the Patrice Lumumba Peoples’ Friendship University of Russia
AKHMETSHINA Anastasiya Ruslanovna
student of the Agrarian and Technological Institute of the Patrice Lumumba Peoples’ Friendship University of Russia
LAND AND PROPERTY COMPLEX AS A BASIC ELEMENT OF LAND AND PROPERTY RELATIONS
There is no doubt that land is an integral part of the civil cycle. Properties give owners, tenants and users the right to use the property. With the development of the economic structure of our country and the development of new land plots, land management issues are becoming more urgent. A separate place in the totality of land relations occupy the issues of concept and management of land and property complexes.
Keywords: land and property complex, land resources management, land and property relations.
Bibliographic list of articles
1. Civil Code of the Russian Federation dated November 30, 1994 No. 51-FZ // SPS ConsultantPlus.
2. Sai S.I. Land and property complex of Russia as an object of regulation // Real estate and investments. – 2001. – No. 4 (9). – P. 12.
3. Titkova E. A. Problems of formation of the land and property complex of rural territories in the context of the mentality of village residents Oryol State Agrarian University // Scientific works of the Free Economic Society of Russia. – 2013. – T. 172. – P. 480-490.
LAND LAW
PROVATKINA Valeriya Evgenjevna
student of the Far Eastern Federal University, Vladivostok
VOLOSHINA Tatyana Vladimirovna
student of the Far Eastern Federal University, Vladivostok
KORKIN Maxim Sergeevich
student of the Far Eastern Federal University, Vladivostok
DE Egor Petrovich
assistant of Labor and Environmental law sub-faculty of the Far Eastern Federal University, Vladivostok
THE PROBLEM OF INAPPROPRIATE USE OF AGRICULTURAL LAND IN THE RUSSIAN FEDERATION
This article discusses the problem of inappropriate use of agricultural land in the Russian Federation. The authors analyze the main causes of this phenomenon, explore the consequences for agriculture and the environment. The article also discusses possible ways to solve this problem, including improving legislation, controlling the use of land and promoting the development of agriculture. The work is relevant and important for understanding the current situation in agriculture in Russia.
Keywords: misuse, land plots, agricultural purpose, agriculture, land use.
Bibliographic list of articles
1. Zhichkin K. A., Penkin A. A., Guseinov F. M., Zhichkina L. N. Information support for cadastral assessment of agricultural land // News of the Samara State Agricultural Academy. – 2013. – No. 2. – P. 3-8.
2. Yarotskaya E. V., Katylevskaya A. V., Filobok E. S. Problems of using agricultural land // Forum of young scientists. – 2017.
3. Deryabina E. A. Agricultural lands // Legal, socio-economic, psychological aspects of ensuring national security: Materials of the IV All-Russian student scientific and practical conference with international participation, Perm, May 16, 2019. – pp. 13-17.
4. Rukavishnikov A. A., Ryabova P. A. Problems of inappropriate use of agricultural land // Development of modern jurisprudence: Current issues of theory and practice, collection of articles of the III International Scientific and Practical Conference. – Penza, 2022.
FINANCIAL LAW
ANDRIEVSKIY Konstantin Vitaljevich
Ph.D. in Law, associate professor, Director of the Institute of Economic and Legal Research, Sevastopol
SHESTOV Sergey Nikolaevich
Ph.D. in economical sciences, associate professor, associate professor of Enterprise economics sub-faculty of the Sevastopol State University
ON THE ISSUE OF TRANSFORMATION OF THE SYSTEM OF CURRENCY REGULATION AND CONTROL IN THE RUSSIAN FEDERATION
The article is devoted to the analysis of the main stages in the development of the system of monetary regulation and control in the Russian Federation. The formation of national systems of customs and banking control over the movement of currency flows is shown, their effectiveness is demonstrated, expressed in a significant reduction in the volume of foreign exchange transactions hidden from government supervision and control. The key norms of currency regulation in force in the Russian Federation, as well as the organizational structure of interactions existing between currency control authorities, were systematized. The main factors influencing the need to reform the legal support for procedures of state control of foreign exchange markets are identified; the most important directions for improving this section of the domestic legal system are shown.
Keywords: currency control, currency regulation, currency control authorities, authorized banks, foreign exchange market.
Bibliographic list of articles
1. Zembatova B.V. Legal foundations of currency regulation: problems of current domestic legislation // Economics and management. – 2022. – No. 1 (28). – pp. 74-85.
2. Manyakhin T.V. World practice of currency regulation: main methods and problems of their application // Finance and credit. – 2004. – No. 25 (163). – pp. 67-71.
3. Stolpovsky D. M. Characteristics of the Soviet currency monopoly // Historical and legal problems: a new perspective. – 2011. – No. 4-2. – pp. 107-111.
4. Unification of the legal basis of economic instruments of state regulation of foreign trade activities in member states of the EurAsEC Customs Union / I. L. Avericheva, A. V. Bogdanova, O. V. Gutarina and others; edited by T. N. Troshkina. – M.: Institute of Public Law Research, 2014. – 230 p.
5. Cherkasov V. Yu. The evolution of currency regulation and control in Russia and the prospect of continuing the liberalization of currency legislation // Financial journal. – 2022. – No. 5. – P. 120-140.
FINANCIAL LAW
TITOVA Svetlana Iosifovna
Chairman of the Board of Directors of RusSilika LLC
BANKRUPTCY OF INDIVIDUALS: PROBLEMS OF JUDICIAL AND ARBITRATION PRACTICE
This article discusses the issues of bankruptcy of individuals can be quite complex and vary depending on local laws and rules of judicial arbitration practice. Some common problems that individuals may face in the bankruptcy process are described, including, namely: the concept of bankruptcy of individuals and its signs as a fairly young institution in Russian civil law legislation. The analysis of the main problems of judicial arbitration practice arising in the procedure of debt cancellation, as well as problems of legal regulation of insolvency (bankruptcy), is carried out. The prospects of development are considered and ways of solving emerging problems are proposed.
It is pointed out that in case of problems with judicial arbitration practice in the process of bankruptcy of individuals, it is recommended to seek advice from professionals in this field, such as lawyers or lawyers specializing in bankruptcy of individuals.
Keywords: bankruptcy, insolvency, individuals, civil law, arbitration court.
Bibliographic list of articles
1. Abdullaev K. Criteria for bankruptcy of individuals: problems of theory and practice // Law and Economics. – 2022. – No. 2 (408).
2. Koshman P. Bankruptcy of individuals: problems of judicial and arbitration practice // Alley of Science. – 2022. – T. 1. No. 3 (66).
3. Medvedev A. Problems of subordination in bankruptcy of individuals // Issues of sustainable development of society. – 2022. – No. 4.
4. Portnova E. Problems of bringing to responsibility during the bankruptcy procedure of individuals // Science. Society. State. – 2022. – T. 10. – No. 2 (38).
5. Tyapugina A. Bankruptcy of individuals: main problems // Synergy Sciences. – 2022. – No. 69.
6. Shcherban D. Bankruptcy of individuals: problems of judicial and arbitration practice // Synergy Sciences. – 2022. – No. 70.
CORPORATE LAW
KASHAROV Zaurbek Azretalievich
senior lecturer of Civil and corporate law sub-faculty of the St. Petersburg State University of Economics
ON THE ISSUE OF THE INDEPENDENCE OF CORPORATE BODIES.
The work is devoted to the issue of the possibility of recognizing corporate bodies as independent subjects of corporate legal relations. The article presents the opinions of reputable scientists and approaches to law enforcement practice. Disputes regarding the recognition of corporate bodies as an independent entity have been going on for a long time. Since the introduction of significant changes to Chapter 4 of the Civil Code of the Russian Federation in 2014, discussions on the status of corporate bodies have become more relevant than ever. Corporate legislation does not contain a clearly formulated norm giving grounds to draw unambiguous conclusions about the status of corporate bodies. Even judicial acts, which lack a uniform approach to understanding the legal problem, do not save the situation.
Keywords: civil law, corporate law, corporate legal relations, subjects of corporate legal relations, corporate bodies.
Bibliographic list of articles
1. Arbitration procedural code of the Russian Federation: [Code of the Russian Federation dated July 24, 2002 No. 95-FZ] // Russian newspaper. 2002. No. 137. July 27.
2. Baigusheva Yu. V. The essence of representation // Essays on trade law: a collection of scientific works. Yaroslavl: YarSU, 2009. Vol. 16. pp. 52-53.
3. Bogdanov E. V. Legal status of the body of a legal entity // Journal of Russian Law. 2001. No. 3. P. 108-113.
4. Dolinskaya V.V. Civil legal problems of the status of the head of an organization // Law. M.: Izvestia, 2004. No. 1. P. 3-12.
5. Eat V.S. Quote. by: Kozlova N.V. The essence of a legal entity and the modern legal order // Problems of development of private law: collection. Art. to the anniversary of V.S. Em. M.: Statute, 2011. P. 199-223.
6. Vilkin S.S. Civil-legal nature of volitional acts of collegial bodies of a legal entity: dis. …cand. legal Sciences: 12.00.03. M., 2009. P. 22.
7. Ganizhev A. Ya. The problem of the legal status of a body of a legal entity and ways to resolve it in Russian civil legislation // Journal of Russian Law. 2010. No. 7. P. 110-117.
8. Civil law: textbook: in 3 volumes. T. 2. 4th ed., revised. and additional / E. Yu. Valyavina, A. P. Sergeev, Yu. K. Tolstoy. M.: TK Welby, Prospekt Publishing House, 2005. P. 154.
9. Gushchin V.V., Poroshkina Yu.O., Serdyuk E.B. Corporate law: textbook. M.: Eksmo, 2006. P. 143; Khuzhokova I. M. Corporate law of the Russian Federation: a course of lectures. M.: Exam, 2004. 350 pp.
10. Egorov A.V. Commentary on the Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated June 16, 2009 No. 17580/08 // Legal positions of the Presidium of the Supreme Arbitration Court of the Russian Federation: Selected resolutions for 2009 with comments / Ed.: A. A. Ivanov, Supreme . Arbitrator. Court Ross. Federation. M.: Statute, 2012. P. 220.
11. Kozlova N.V. Legal personality of a legal entity. M.: Statute, 2005. P. 376.
12. Kuznetsov A. A. Body of a legal entity as its representative // Bulletin of economic justice of the Russian Federation. 2014. No. 10. P. 4-31.
13. Tax Code of the Russian Federation: [Federal Law of July 31, 1998 No. 146-FZ. Part one] // SPS ConsultantPlus. – [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_19671/#dst0 (access date: 10/02/2023)
14. On some issues of compensation for losses by persons who are members of the bodies of a legal entity: [Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated July 30, 2013 No. 62] // SPS ConsultantPlus. – [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_150888 (date of access: 02/15/2023)
15. Ruling of the Supreme Court of the Russian Federation dated October 12, 2020 No. 304-ES20-14364 in case No. A75-11144/2023.
16. Determination of the Judicial Collegium for Economic Disputes of the Supreme Court of the Russian Federation dated April 10, 2023 No. 305-ES22-16424 in case No. A40-203072/2021.
17. Pakhomova N. N. Position of the sole executive body in the system of bodies of a legal entity // Arbitration and civil process. 2007. No. 3. P. 12-15.
18. Resolution of the Arbitration Court of the West Siberian District dated 06/01/2022 in case No. A75-8617/2021.
19. Resolution of the Arbitration Court of the Moscow District dated June 22, 2023 No. F05-13098/2023 in case No. A40-209993/2022.
20. Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated 02/09/1999 No. 6164/98 in case No. A51-6157/97-7-216 (The claim for invalidation of the additional agreement to the contract was rejected, since the head of the organization was not on vacation when concluding the transaction is the basis for declaring this transaction invalid) // SPS ConsultantPlus. – [Electronic resource]. – Access mode: http://www.consultant.ru/cons/cgi/online.cgi?req=doc&base=ARB&n=7048#05893655776920723 (date of access: 05.15.2023)
21. Ryasentsev V. A. Imaginedeeds and transactions in modern civil law. M.: Consultant Plus: Statute, 2006. pp. 170-177.
22. Soviet civil law. T. 1: textbook / Ed. D. M. Genkina. M.: Gosyurizdat, 1950. 495 p. P. 157.
23. Soviet civil law: textbook. T. 1 / Ioffe O. S., Musin V. A., Posse E. A., Potyukov A. G., et al.; Rep. ed.: Ioffe O. S., Tolstoy Yu. K., Cherepakhin B. B. L.: Leningr Publishing House. University, 1971. P. 101.
24. Stepanov D.I. Once again about the nature of the powers of the executive body and the manager of a business company. (Continued) // Bulletin of the Supreme Arbitration Court of the Russian Federation. M., 2006. No. 9. P. 23.
25. Sukhanov E. A. Comparative corporate law: textbook. M.: Statute, 2014. P. 18.
26. Resolution of the Plenum of the Armed Forces of the Russian Federation dated June 23, 2015 No. 25.
27. Tsepov G.V. The concept of a body of a legal entity under Russian legislation // Jurisprudence. 1998. No. 3. P. 89-93.
28. Shereshevsky I.V. Representation, assignment and power of attorney: Commentary. to Art. Art. 38-40 and 251-275 Civil. Code / Prof. I. V. Shereshevsky. M.: Law and Life, 1925. P. 6.
29. Civil law: textbook. T. 1 / Agarkov M. M., Bratus S. N., Genkin D. M., Serebrovsky V. I., etc.; Edited by: Agarkov M. M., Genkin D. M. M.: Legal. Publishing house of the People’s Commissariat of Justice of the USSR, 1944. pp. 212-213.
BUSINESS LAW
ABDULLIN Denis Tyavfikovich
postgraduate of Business law sub-faculty of the Faculty of Law of the M. V. Lomonosov Moscow State University
LEGAL ASPECTS OF ENSURING CONSUMER DATA PRIVACY IN MERGER CONTROL
In the era of digital markets, business entities have the opportunity to collect data in large volumes and with high accuracy. Competition authorities are faced with the question of how an important role data and related aspects of consumer data privacy play in competition. The article considers to what extent these aspects correspond to the goals of competition law, and whether they are subject to assessment within the framework of merger control. The present topic has been the subject of debate in a number of recent transactions (Google/DoubleClick, Microsoft/LinkedIn, Facebook/WhatsApp), which provides the basis for analysis.
Keywords:economic concentration, merger control, privacy, personal data, digital economy.
Bibliographic list of articles
1. Antitrust regulation in the digital era. How to protect competition in the context of globalization and the fourth industrial revolution / Ed. A. Yu. Tsarikovsky, A. Yu. Ivanova, E. A. Voinikanis. – M., 2019.
2. Bashlakov-Nikolaev I.V., Maksimov S.V. Resolution of the Plenum of the Supreme Court of the Russian Federation on the application of antimonopoly legislation by courts: scientific and practical commentary. – M., 2022.
3. Egorova M. A., Petrov A. A., Kozhevina O. V. The influence of digitalization on the implementation of antimonopoly regulation and control of economic concentration in the high-tech sector // Bulletin of St. Petersburg University. Right. – 2022. – No. 2. – P. 327-343.
4. Kozachok I.V., Krasnova S.G. The economic essence of information asymmetry and its impact on the functioning of the market // Siberian Financial School. – 2007. – No. 2. – P. 29-35.
5. Regibeau P., Lianos Y. Economics of digital mergers // Jurisprudence. – 2019. – T. 63. No. 4. – P. 573-597.
6. Malkina N. L., Shastitko A. A. Problems of determining the product boundaries of the commodity market in wholesale markets for the resale of goods // Law. – 2021. – No. 3. – P. 155-166.
7. Acquisti A., Taylor C. R. and Wagman L. The Economics of Privacy // Journal of Economic Literature. – 2016. – Vol. 54. – No. 2. – Pr. 442-492. – [Electronic resource]. – Access mode: http://dx.doi.org/10.1257/jel.54.2.442 (access date: 03.20.2024).
8. Cohen J. E. What Privacy Is For // Harvard Law Review. – 2013. – Vol. 126. – Pr. 1904-1933. – [Electronic resource]. – Access mode: https://harvardlawreview.org/wp-content/uploads/2013/05/vol126_cohen.pdf (access date: 03/20/2024).
9. Esayas S. Privacy as a Non-Price Competition Parameter: Theories of Harm in Mergers // University of Oslo Faculty of Law Research Paper. – No. 2018-26. 08/16/2018. – [Electronic resource]. – Access mode: https://ssrn.com/abstract=3232701 (date of access: 03/20/2024).
10. Feinstein D. Big Data in a Competition Environment // CPI Antitrust Chronicle. – May 2015 (2). – [Electronic resource]. – Access mode: https://www.competitionpolicyinternational.com/assets/Uploads/FeinsteinMay-152.pdf (access date: 03/20/2024).
11. Ocello E., Jödin C. & Subočs A. What’s Up with Merger Control in the Digital Sector // Competition Merger Brief. – 1/2015. – Pr. 1-7. – [Electronic resource]. – Access mode: https://op.europa.eu/en/publication-detail/-/publication/cd38af2f-f63d-11e5-8529-01aa75ed71a1/language-en (date reverseddate: 03/20/2024).
12. Solove D. J. Privacy and Power: Computer Databases and Metaphors for Information Privacy // Stanford Law Review. – 2001. – Vol. 53. – Pr. 1393-1462. – [Electronic resource]. – Access mode: https://scholarship.law.gwu.edu/cgi/viewcontent.cgi?article=2077&context=faculty_publications (date of access: 03.20.2024).
13. Winegar A. G. and Sunstein C. R. How Much is Data Privacy Worth? A Preliminary Investigation. – 07/01/2019. – [Electronic resource]. – Access mode: https://ssrn.com/abstract=3413277 (date of access: 03/20/2024).
BUSINESS LAW
VEPRINSKIY Daniil Vladimirovich
postgraduate student of Business and corporate law sub-faculty, lecturer of Medical law sub-faculty of the O. E. Kutafin Moscow State Law University (MSLA), Head of the Department for Coordinating the activities of branches of the FSAU NMIC MNTC Academician S. N. Fedorov Eye Microsurgery of the Ministry of Health of the Russian Federation, member of the Moscow Branch of the Russian Union of Young People scientists
ENDOWMENT FUNDS IN THE SYSTEM OF INCOME-GENERATING ACTIVITIES OF HEALTHCARE INSTITUTIONS: ORGANIZATIONAL AND LEGAL ASPECT
The development of the health care system at the present stage is characterized by the active introduction of innovations in the daily activities of medical organizations. New technologies and business processes require the strengthening of human, managerial and material potentials, which has led to an increased interest in such legal institutions as public-private partnerships, open innovation mechanisms, cross-cluster models of research and innovation activities, etc. The ever-growing needs of the sector require the utilization of all possible extrabudgetary assets. Among them endowments of non-profit organizations known in the business environment as endowment funds are of particular interest.
The article considers the main organizational and legal aspects of the activity on formation and use of endowments by non-profit organizations in relation to the health care system. The main organizational features of creation of endowment-funds are reflected.
Keywords: endowment capital, endowment fund, NPO, income-generating activities.
Bibliographic list of articles
1. Gazzaeva M. T. Social specificity of the agreement on trust management of property constituting the target capital of a non-profit organization / M. T. Gazzaeva, S. K. Bekoev // Current problems of law: Collection of scientific articles of undergraduates / Ed. Koibaeva. Volume Issue 3. – Vladikavkaz: North Caucasus Mining and Metallurgical Institute (State Technological University), 2018. – P. 43-48. – EDN VAMHYK.
2. Komissarova E. G. Endowment capital as an object of investment relations / E. G. Komissarova // Third Perm Congress of Legal Scientists: Materials of the International Scientific and Practical Conference, Perm, October 12, 2012 / Perm State National Research University, Faculty of Law , Seventeenth Arbitration Court of Appeal, Arbitration Court of the Perm Territory, Perm branch of the all-Russian public organization “Association of Lawyers of Russia”, Notary Chamber of the Perm Territory, Group of Companies “Taxes and Law”, Investment Company “Financial House”, CJSC “TelecomPlus”, Non-profit partnership ” Perm Professional Club of Lawyers. – Perm: Federal State Budgetary Educational Institution of Higher Professional Education “Perm State National Research University”, 2012. – P. 77-79. –EDN SXAVAH. Endowment fund of the Financial University under the Government of the Russian Federation. – [Electronic resource]. – Access mode: http://www.fa.ru/science/endowment_fund/Pages/Home.aspx.
BUSINESS LAW
MEDENTSEVA Evgeniya Vladimirovna
Ph.D.in Law, associate professor of Legal support of economic activities sub-faculty of the Law Institute of the Samara State University of Economics
KUDRYASHOV Maxim Alexandrovich
postgraduate student of the Institute of Law of the Samara State University of Economics
LIABILITY FOR BREACH OF OBLIGATIONS IN BUSINESS ACTIVITIES
The relevance of the topic under consideration lies in the fact that despite the sufficiently serious study of the topic of liability for violation of obligations arising from contracts of entrepreneurs in civil law, there are still a large number of discussions and disputes that arise in relation to concepts and legal regulation in the field under consideration. There are also a large number of concepts of civil liability, and each reflects its essence, affecting moral, economic and legal components. These circumstances require further research in the field of liability in the law of obligations, in terms of contractual liability of business entities. In the course of the study, an analysis of civil studies in the field of liability for breach of obligations in business was carried out. Based on the results of the study, the authors came to the conclusion that it is necessary to consolidate the concept of “violation of an obligation (contractual obligation)” in the Civil Code of the Russian Federation and its formulation is given, and it is also proposed to supplement Article 15 of the Civil Code with an approximate list of lost income that can be attributed to lost profits.
Keywords: obligation, breach of obligations, regulatory act, entrepreneur, contractual liability.
Bibliographic list of articles
1. Khevsakov A.V. Civil liability for violation of monetary (currency) obligations // Current problems of law: Collection of scientific articles. – 2019. – pp. 208-213.
2. Erdelevsky A. D. On the fulfillment of obligations and responsibility for their violation // Economy and Law. – 2016. – No. 10 (477). – pp. 42-47.
3. Gribanova S. V. Penalties in the system of measures of civil liability for violation of contractual obligations // Current problems of law. – 2021. – No. 8. – P. 55-65.
4. Pavlov A. A. Losses and penalties as a measure of civil liability for violation of an obligation. – 2017. – No. 15 (15). – pp. 46-48.
5. Mayorova L. G. Legal consequences of violation of a contractual obligation // Legal science. – 2021. – No. 12. – P. 33-38.
6. Aharonyan R.K. The concept of responsibility of business entities for violation of contractual obligations // Current problems of jurisprudence. – 2018. – No. 4 (60). – P. 2-5.
7. Kravtsova M. Yu. Responsibility for violation of monetary obligations and their essence // Alley of Science. – 2020. – No. 11 (50). – pp. 641-643.
BUSINESS LAW
MOSHKIN Igor Alexandrovich
student of Civil law sub-faculty of the Perm State National Research University
THEORETICAL AND LEGAL JUSTIFICATION FOR LEGISLATIVELY ESTABLISHING THE STATUS OF THE OWNER OF AN AGGREGATOR OF INFORMATION ABOUT GOODS (SERVICES)
The article is devoted to the study of the legal status of the owner of the aggregator of information about goods (services). The author notes in his work the moment when the trading platform appeared abroad and in Russia. The study provides statistics reflecting the consequences of the emergence of marketplaces in trade relations. It is noted that the need to give marketplaces a legal status was caused by the difficulties of law enforcement, requiring urgent resolution, the uncertainty of the concept of “marketplace” in Russian legislation, as well as the risk of losses for the participants in the relationship. The author cited some legal risks, which, in his opinion, have become the main prerequisites for securing the legal status of marketplaces. However, despite this, legal uncertainties related to marketplaces remain unresolved, which require deeper immersion in doctrine and law enforcement practice. When writing the work, a set of general scientific and private scientific research methods was used: analysis, synthesis, comparison.
Keywords: marketplace, owner of the aggregator of information about goods (services), turnover, legal uncertainties, consumer.
Bibliographic list of articles
1. Marchenkov A. A. Marketplaces as the main trend of e-commerce // Scientific aspirations. – 2019. – Issue. 26. – pp. 65-67.
2. Kosnikov S. N., Korolev D. A., Chivvi E. N., Razumova D. Yu. History of electronic commerce in Russia and abroad //Natural and humanities research. – 2022. – No. 44 (6). – pp. 144-147.
3. Khadzhidurdyev A. M. Digital virtualization of the Internet trading space // Science and education: from theory to practice: collection. international articles scientific-practical conf. (Kazan, July 20, 2023); at 2 pm – Ufa: Aeterna, 2023. – Part 2. – pp. 67-73.
4. Prikhodko K. S., Kutsegreeva L. V., Saliy V. V. Digital transformation of the Russian economy under the influence of the development of marketplaces // Bulletin of the Academy of Knowledge. – 2022. –No. 50 (3). – pp. 260-264.
5. Timofeeva T. F., Timofeev V. V. Problems of legal regulation of a trade aggregator as a type of digital technological platform // Oeconomia et Jus. – 2022. – No. 3. – P. 73-79.
6. Mikhailyuk M.V. Marketplaces as a factor in the progressive transformation of Internet commerce in Russia: logistics aspect // Economic Sciences. – 2019. – No. 172. – P. 57-61.
BUSINESS LAW
VEPRINSKIY Daniil Vladimirovich
postgraduate student of Business and corporate law sub-faculty, lecturer of Medical law sub-faculty of the O. E. Kutafin Moscow State Law University (MSLA), Head of the Department for Coordinating the activities of branches of the FSAU NMIC MNTC Academician S. N. Fedorov Eye Microsurgery of the Ministry of Health of the Russian Federation, member of the Moscow Branch of the Russian Union of Young Scientists
BUDGETARY INSTITUTIONS OF THE HEALTHCARE SYSTEM AS A SUBJECT OF STATE ENTREPRENEURSHIP
Stimulating all types of entrepreneurial activity is one of the main directions of stabilization and development of the state’s economy. Among these areas, a special place is occupied by state entrepreneurship, the main purpose of which is to satisfy the public interest, which includes the protection of the health of the population of the Russian Federation. Ensuring this interest is carried out by organizations of the healthcare system, most of which are budgetary institutions (including state-owned and autonomous ones). This article examines the general issues of state entrepreneurship within the framework of economic and legal doctrine, gives the author’s definition of state entrepreneurship, also considers the place of budgetary institutions of the health system within this concept.
Keywords: the state entrepreneurship, business law, medical law, right of operational management.
Bibliographic list of articles
1. Current problems of business law: textbook / I. V. Ershova, L. V. Andreeva, A. N. Besedin and others; resp. ed. I. V. Ershova. – Moscow: Prospekt, 2021. – 448 p. – [Electronic resource]. – Access mode: http://ebs.prospekt.org/book/43819 (date of access: 02.02.2024).
2. Dombrovskaya E. N. State entrepreneurship: the role in the economy and financial system of Russia // Economics. Taxes. Right. – 2015. No. 1. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/gosudarstvennoe-predprinimatelstvo-rol-v-ekonomike-i-finansovoy-sisteme-rossii (date of access: 02/02/2024).
3. Zavyalov D.V., Nagalin V.Yu., Zavyalova N.B. State entrepreneurship in the national economy // Russian Entrepreneurship. – 2016. – No. 20. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/gosudarstvennoe-predprinimatelstvo-v-natsionalnoy-ekonomike (date of access: 02.02.2024).
4. Ivanova T. E., Meisigamov M. B. Transaction costs in public entrepreneurship // Economics: theory and practice. – 2011. – No. 3. – P. 49-55.
5. Nagalin V. Yu. State entrepreneurship in ensuring economic growth // Bulletin of the Institute of Economics of the Russian Academy of Sciences. – 2016. – No. 1. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/gosudarstvennoe-predprinimatelstvo-v-obespechenii-ekonomicheskogo-rosta (date of access: 02/02/2024).
6. Knight F.H. Risk, uncertainty and profit. – M.: Delo, 2003.
7. Smotritskaya I. I., Saginova O. V., Sharova I. V. State entrepreneurship and development of the Russian economy // Bulletin of the Institute of Economics of the Russian Academy of Sciences. – 2015. – No. 1. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/gosudarstvennoe-predprinimatelstvo-i-razvitie-rossiyskoy-ekonomiki (access date: 02/01/2024).
8. Stolyarova E.I. Public entrepreneurship: economic theory and Russian practice // Bulletin of RUDN University. Series “Economics”. – 2009. – No. 2. – P. 36.
9. Sukhanov E. A. On legal entities of public law // Bulletin of civil law. – 2011. – No. 2.
10. Chirkin V. E. On the features of a legal entity of public law // Proceedings of the Institute of State and Law of the Russian Academy of Sciences. – 2010. – No. 3. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ob-osobennostyah-yuridicheskogo-litsa-publichnogo-prava (date of access: 02/09/2024).
CRIMINAL LAW
BASHIRINA Evgeniya Nikolaevna
Ph.D. in political science, associate professor of Economic and legal security sub-faculty of the Institute of History and Public Administration of the Ufa University of Science and Technology
KAZANTSEV Ivan Sergeevich
student of the 4th course of the direction of preparation “State and Municipal Management” of the Institute of History and Public Administration of the Ufa University of Science and Technology
RAKHIMOV Danil Ravilevich
student of the 4th course of the direction of preparation “State and Municipal Management” of the Institute of History and Public Administration of the Ufa University of Science and Technology
THE INSTITUTE OF GUILT IN RUSSIAN CRIMINAL LAW
The article reveals the institution of guilt in the norms of Russian criminal law.
The relevance of the topic of this study lies in the fact that the most difficult to establish and prove is the subjective side of the crime, an integral part of which is guilt. In each specific case, it is necessary to correctly establish exactly the form of guilt that is provided for by criminal law.
The analysis of various concepts formed in the scientific community regarding the essence and content of the institution of guilt in criminal law is carried out. Attention is also paid to the problems of criminal law regulation of forms of guilt by the example of intent, recommendations for resolving the identified problems are proposed.
Keywords: guilt, negligence, responsibility, crime, psyche, criminal law, intent.
Bibliographic list of articles
1. Verina G.V. The criminal-legal phenomenon of guilt: knowledge of the scientific heritage // Bulletin of the Saratov State Law Academy. – 2023. ‒ No. 3 (152). – pp. 268-279.
2. Grigoriev P. A. Moral categories in Russian criminal law // Current problems of Russian law. – 2023. ‒ No. 5 (150). – pp. 96-106.
3. Korableva S. Yu. Formation of the theory of guilt in Russian criminal law // Scientific portal of the Ministry of Internal Affairs of Russia. – 2023. ‒ No. 2 (62). – pp. 38-43.
4. Maistrenko G. A. The principle of guilt in Russian criminal law: content and significance // Education and law. – 2021. ‒ No. 6. – P. 264 – 268.
5. Khilyuta V.V. Guilt in criminal law: search for a new concept // Lawyer-Legalist. – 2021. ‒ No. 4 (99). – pp. 93 – 100.
CRIMINAL LAW
ILLO Denis Anatoljevich
Ph.D. in Law, associate professor of Civil law sub-faculty of the Hero of the Russian Federation Army General E. N. Zinichev St. Petersburg State University of the State Fire Service of the Ministry of Civil Defense, Emergencies and Disaster Relief
MEDVEDEVA Anna Alexandrovna
Ph.D. in Law, professor of Labor law sub-faculty of the Hero of the Russian Federation Army General E. N. Zinichev St. Petersburg State University of the State Fire Service of the Ministry of Civil Defense, Emergencies and Disaster Relief
KOSAREV Sergey Yurievich
Ph.D. in Law, professor of the Higher School of Jurisprudence and Forensic Technical Expertise of the Humanitarian Institute of Peter the Great St. Petersburg Polytechnic University
TRETYAKOV Ivan Lvovich
Ph.D. in Law, professor of the Higher School of Jurisprudence and Forensic Technical Expertise of the Humanitarian Institute of Peter the Great St. Petersburg Polytechnic University
SOME QUESTIONS OF QUALIFICATION OF AN ATTACK ON THE LIFE OF A STATE OR PUBLIC FIGURE UNDER ART. 277 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION
The article discusses some aspects of the crime under Art. 277 of the Criminal Code of the Russian Federation i.e. “Encroachment on the life of a state or public figure”, issues of judicial practice are analyzed in cases of this category, problematic issues in the classification of this crime are identified, and the importance of following the uniform application of criminal law to eliminate it uncertainty is highlighted. The authors conclude that in modern realities, an increase in the number of crimes analyzed is expected, and primarily due to the direction of these socially dangerous acts. In these circumstances, in order to uniformly apply the legislation and eliminate its uncertainty, it is proposed to pay attention to some of the proposed recommendations.
Keywords: public figure, constitutional system, judicial practice, qualifications, state security, corpus delicti, assault on life
Bibliographic list of articles
1. Nurkaeva T.N., Divaeva I.R. Encroachment on lifethe name of a statesman or public figure, a law enforcement officer, a person administering justice or a preliminary investigation and their place in the system of the special part of the Criminal Code of the Russian Federation // Business in Law. Economic and legal journal. – 2014. – No. 5. – P. 68-70.
2. Pichugin S.A. A public figure as a victim in a crime under Art. 277 of the Criminal Code of the Russian Federation: Issues of definition and qualification // Legal Bulletin. – 2021. – T. 6. No. 3. – P. 54-62.
CRIMINAL LAW
KALANDARISHVILI Hristina Alexandrovna
Ph.D. in Law, associate professor of Criminal law and criminology sub-faculty of the Irkutsk Institute (branch) of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia)
PRYAKHINA Kseniya Olegovna
student of the 3rd course, program of education: “Legal support of national security (specialty)” of the Irkutsk Institute (branch) of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia)
IBRAGIMOVA Aksana Anvarovna
student of the 3rd course, program of education: “Legal support of national security (specialty)” of the Irkutsk Institute (branch) of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia)
ANALYSIS OF APPROACHES TO DETERMINING THE DETERMINANTS OF WHITE-COLLAR CRIME
White-collar crime is a type of crime characterized by the fact that it is committed by people from educated and affluent segments of society. Such crimes are often committed for the purpose of personal gain or enrichment through deception, fraud, corruption or other illegal activities. White-collar crime can include acts such as financial fraud, abuse of power, corruption in business and government structures, as well as other types of crimes committed by persons with high social status. This type of crime poses a particular danger to society, since it often goes unnoticed and punishment for it may not be strict enough due to the influence and resources of criminals. The fight against white-collar crime requires effective measures on the part of law enforcement agencies, the judicial system and the public. This may include tougher penalties for corruption and fraud, improved control over financial transactions, increased transparency in the management of public and private companies, as well as increased ethics and responsibility among business and government representatives. Thus, the fight against white-collar crime is an important task to ensure the rule of law, justice and development of society.
Keywords: criminology, “white-collar” crime, criminal identity, shadow economy, corruption, economic crimes.
Bibliographic list of articles
1. Dalgaly T. A. Criminological characteristics of “White-collar crime” // Law and State: Theory and Practice. – 2021. – No. 5 (197). – P. 15.
2. Matskevich I. M. White-collar crime. Old theory in modern reality // Modern problems of criminal law policy: materials of the VI International Scientific and Practical Conference. – Krasnodar, 2015. – pp. 3-13.
3. Vakutin A. A. “White-collar” crime of E. Sutherland: a theory that has not lost its relevance” // Bulletin of the Siberian Legal Institute of the Ministry of Internal Affairs of Russia. – 2020. – No. 2 (39). – P. 81.
4. Iliy S.K. The concept of white-collar crime // National portal of the Ministry of Internal Affairs of Russia. – 2008. – No. 4. – P. 103.
5. Psychology of white collar crimes and why it is important // ALM Media. – [Electronic resource]. – Access mode: https://translated.turbopages.org/news/psychology-white-collar-crime-why-081044414.html (access date: 10/08/2023).
6. Kiselev K. A. Perception of job insecurity (JOB INSECURITY) as a factor of personal involvement in white-collar crime // news of Saratov University. – 2014. – No. 3. – P. 77
7. Engdahl O. Barriers and remote areas as structures of opportunities for committing white-collar crimes // Deviant behavior. – 2009. – No. 30. – pp. 115-143.
8. Rekless V. New theory of offenses and crime // Federal Probation Service. – 1961. – No. 4. – P. 42-46.
9. Paternoster R., Bushway S. Abstinence and “feared independence” towards an identity theory of criminal abstinence // Journal of Criminal Law and Criminology. – 2009. – No. 4. – P. 1103-1156.
10. Stafford M.K., Warr M. Rethinking general and specific deterrence // Journal of Research in Crime and Delinquency. – 1993. – No. 2. – P. 123-135.
CRIMINAL LAW
KIRIKOVA Marina Vladimirovna
lecturer of General legal disciplines sub-faculty of the Leningrad regional branch of the St. Petersburg University of the MIA of Russia
PUBLIC ENVIRONMENT AND PUBLIC PLACE AS SIGNS OF THE OBJECTIVE SIDE OF HOOLIGANISM
In the disposition of the article on hooliganism, there is no indication of a public environment and a public place, which reasonably allows these signs to be considered optional signs of the objective side of the named corpus delicti. At the same time, the theory of criminal law has not formed a unified point of view on this issue. Opinions are expressed that a public environment and a public place, on the contrary, are integral signs of hooliganism. In the article, the author analyzes various views on the public environment and public place as signs characterizing the objective side of hooliganism, while reflecting his position.
Keywords: hooliganism, objective side, public environment, public place, list of places.
Bibliographic list of articles
1. Wittenberg G. B. If public order is violated. – Irkutsk, 1973. – P. 13-14.
2. Kirichenko V.F. On strengthening the fight against hooliganism. – M., 1967. – P. 7-8.
3. Kuznetsov A.V. Hooliganism and the fight against it. – M, 1962. – P. 28.
4. Ignatov A.N. Controversial issues of qualification of hooliganism // Soviet justice. – 1967. – No. 16. – P. 14-15.
5. Kurichkov D. O. Hooliganism: some problems of qualification // Scientific component. – 2022. – No. 2 (14). – P. 54-63.
6. Maksimenko A.V., Mikhailova I.A. Peculiarities of qualification of hooliganism and other crimes committed from hooligan motives // Russian investigator. – 2020. – No. 12. – P. 39-42.
7. Egorov V.S. Criminal liability for hooliganism: dis. …cand. legal Sci. – M., 2000. – P. 50.
8. Kudashkin S.K. Group hooliganism and mass riots: criminal legal characteristics and qualification problems: dis. …cand. legal Sci. – M., 2020. – P. 54.
9. Ozhegov S.I., Shvedova N.Yu. Explanatory dictionary of the Russian language: 80,000 words and phraseological expressions. – M., 1997. – P. 631.
CRIMINAL LAW
KORNAKOVA Svetlana Viktorovna
Ph.D. in Law, associate professor of Theory and history of state and law sub-faculty of the Baikal State University, Irkutsk
CHIGRINA Elena Vladimirovich
Ph.D. in economic sciences, associate professor of Theory and history of state and law sub-faculty of the Baikal State University, Irkutsk
ON THE ISSUE OF CRIMES COMMITTED IN THE MONETARY SPHERE
The article raises the problem of the attractiveness of the monetary sphere for criminal activity. The opinions of scientists on the types of crimes related to this area are considered. One’s own position is determined in this regard. Organizational and educational proposals aimed at preventing such crimes are being made.
Keywords: banking, lending, crimes in the monetary sphere, qualification of crimes, crime prevention.
Bibliographic list of articles
1. Osipova M. A. The concept and essence of the forensic characteristics of crimes committed in the field of banking // News of the Irkutsk State Economic Academy (Baikal State University of Economics and Law). – 2012. – No. 2. – P. 39.
2. Osipova M. A. Loan repayment guarantee: on the issue of collection activities // Baikal Research Journal. – 2016. – T. 7. No. 3. – P. 23.
3. Finogenova O. V. Criminal liability for illegal receipt of a loan and malicious evasion of repayment of accounts payable: abstract. dis. …cand. legal Sci. – M., 2003. 24 p.
4. Zolotova N. M. Crimes in the field of lending: abstract. dis. Ph.D. legal Sci. – M., 2008. – 25 p.
5. Rastoropova O. V. The concept of crimes in the field of lending in the domestic doctrine of criminal law // Gaps in Russian legislation. – 2014. – No. 6. – P. 302–305.
6. Selyamin A. A. Concept and general criminal law characteristics of crimes in the field of lending according to the Criminal Code of the Russian Federation // Bulletin of the Chelyabinsk State University. Right. – 2015. – No. 17 (372). – pp. 155–162.
7. Osipova M. A. On the concept of banking in the Russian Federation // News of the Irkutsk State Economic Academy. – 2012. – No. 2. – P. 161–166.
CRIMINAL LAW
KURGINYANTS Nikolay Vadimovich
lecturer of Special training sub-faculty of the Ufa Law Institute of the MIA of Russia, lieutenant of police
FOMICHEV Ilya Alexeevich
senior lecturer of Physical training sub-faculty of the Voronezh Institute of the MIA of Russia, captain of police
FATKULLIN Rustam Ranisovich
lecturer of the PS and FP cycle of the Ufa School for Training Dog Handlers of the MIA of Russia, lieutenant of colonel police
RESPONSIBILITY FOR EXTREMIST CRIMES IN MODERN DOMESTIC LEGISLATION AND IN THE LAW OF FOREIGN COUNTRIES
This article describes responsibility for crimes of an extremist nature both in Russian legislation and in the law of foreign countries, examines the development of responsibility for these crimes, as well as a comparison of responsibility for crimes of an extremist orientation in foreign countries and Russian legislation. The work also analyzes the normative legal acts that regulate responsibility for extremist crimes, including the existence of laws on combating extremism, provisions on penalties and preventive measures provided for by various legislations, the need to improve legislation in the field of combating extremist crime and strengthening international cooperation. The article examines in detail such aspects as the definition of extremist crimes, their signs and applicability in various contexts, and analyzes the concept and characteristics of extremist crimes in modern law.
Keywords: responsibility, crimes of an extremist nature, extremism, legislation, law.
Bibliographic list of articles
1. Avekyan S. A. The Constitution of Russia: nature, evolution, modernity. – M.: RYuID, 2019. – 471 p.
2. Alekseev A.I., Ovchinsky V.S., Pobegailo E.F. Russian criminal policy: overcoming the crisis. – M., 2019. – 214 p.
3. Baglay M.V. Constitutional law of the Russian Federation: Textbook for universities. – M.: Norma, 2017. – 453 pp.
4. Gavrilov B. Ya., Pavlinov A. V. Modern strategy of legislative support for the fight against manifestations of terrorism and violent extremism // Russian investigator. – 2019. – No. 1. – P. 22-29.
5. Gadzhiev D. M. Prevention of extremism in Dagestan: municipal level // Law and Security. – 2019. – No. 1/2. – pp. 75-82.
CRIMINAL LAW
KURKINA Yuliya Andreevna
postgraduate student of Criminal law and criminology sub-faculty of the S. A. Yesenin Ryazan State University, Leading Legal Adviser of the Deposit Insurance Agency Group of Companies
CATEGORY OF THE VICTIM IN INTENTIONAL BANKRUPTCY
The article examines such an element of the deliberate bankruptcy as a victim, and analyzes the approaches to defining such a category in the law enforcement practice. The author has identified and formulated problems related to the definition of the victim in the article 196 of the Criminal Code of the Russian Federation “Deliberate bankruptcy”. Statistical information related to the application of this rule of law and judicial practice were considered in the process of writing the article. Options for solving the considered law enforcement problems are proposed.
Keywords: deliberate bankruptcy, victim, legal entity, creditor, debtor, property damage.
Bibliographic list of articles
1. Gavrilov M. A. Problems of procedural succession in the event of liquidation of a legal entity – the victim in a criminal case // Legality. 2018. No. 11. P. 50-51.
2. Proshlyakov A.D. On the inalienability of the status of a legal entity – a victim in a criminal case // Russian Legal Journal. 2009. No. 5 (65).
3. Cherdyntseva I. A. Protection of the interests of deceased participants in criminal proceedings: suspect, accused, victim // Lawyer practice. 2015. No. 6. P. 7-11.
CRIMINAL LAW
MANNA Ammar Abdul Karim
Ph.D. in Law, associate professor of Criminal law, criminal process and criminology sub-faculty of the Patrice Lumumba Peoples’ Friendship University of Russia
INSTITUTE OF CRIME AND PUNISHMENT IN MUSLIM CRIMINAL LAW
The article is an in-depth analysis of key aspects related to the concept of crime and mechanisms of punishment in Muslim criminal law. The author explores the historical roots of these institutions, their theoretical basis, as well as modern practice in various countries and communities. The article also draws attention to aspects of comparative analysis with modern criminal systems and international human rights standards.
Keywords: Muslim criminal law, crime, punishment, Sharia, Islamic law, institution of crime.
Bibliographic list of articles
1. Beccaria Ch. On crimes and punishments. – M., 1939.
2. Boronbekov S. Sharia: its place and role in creating a climate of trust, tolerant consciousness and the fight against extremism in Russian society. – Ryazan, 2004.
3. Vedernikova O. N. Implementation of international legal norms on the fight against corruption in RussiaSiysk criminal law // Criminal law: development strategy in the 21st century: Materials of the 5th International scientific and practical conference. – M.: Prospekt, 2008.
4. Interaction of international and comparative criminal law: Textbook / ed. N. F. Kuznetsova, V. S. Komisarova. – M.: Publishing House “Gorodets”, 2009.
5. Universal Declaration of Human Rights, adopted by the UN General Assembly on December 10, 1948 // Russian newspaper. – 1995. – No. 41.
6. Gilevskaya M. A., Nomokonov V. A. Corruption in modern Russia and prospects for combating it // Investigator. Federal edition. – 2009. – No. 2 (130).
7. Girina D. S. Features of law enforcement practice in the fight against corruption in modern Russia. Corruption and lobbying: legal side // Current problems of modern criminal law and criminology: Collection of scientific papers. – Stavropol: Bortsov LLC, 2011.
8. Golodnyuk M. N. Social and biological problems in female crime // Issues in the fight against crime. – M., 1982. – Issue. 37.
9. Grigoriev A. Corruption-2010. – [Electronic resource]. – Access mode: http://www.golos-ameriki.ru/content/corruption-report-2010-10-26-105798228/189733.html.
10. Zemlyanoy G. L. Conditional sentencing as an alternative to imprisonment // Judicial reform and the effectiveness of the activities of the courts, prosecutors and investigators. 6th scientific and practical conference of young scientists: Abstracts. – St. Petersburg, 2003.
11. Kamaladin Muhammad ibn Abdilwahid. Fth al-Qadir. – Cairo, 1989. – T. 4.
12. Kashuba Yu., Suhoveev A. Conditional sentencing and education of gaps in the criminal legislation of the Russian Federation // Criminological Journal. – M., 2002. – No. 2.
13. Mishin A. A. Constitutions of foreign states, 2nd ed., revised. and additional – M.: Publishing house BEK, 1997.
14. Morozova E. A. Female crime: current situation and causes // International scientific and practical conference “Traditions and innovations in the system of modern Russian law”. – M.: Publishing house Moscow State Law Academy, 2013.
15. Muti Allah Al-Lyuhayibi. Al-ukubat at-Tafuidia fi du’a al-Kitab wa assunna. – Cairo, 1991.
CRIMINAL LAW
MILOVA Irina Evgenjevna
Ph.D. in Law, associate professor, Head of Organization of combating economic crimes sub-faculty of the Samara State University of Economics
KHACHATRYAN Robert Edikovich
postgraduate student of Organization of combating economic crimes sub-faculty of the Samara State University of Economics
SOME ISSUES OF FRAUD QUALIFICATION IN THE INSURANCE SECTOR
The article is devoted to the analysis of the special composition of fraud, namely the novelties of the criminal law of Article 159.5 of the Criminal Code of the Russian Federation from the point of view of the regulatory gaps of the norm in question, conflict of laws provisions in the design of the disposition and the formulation of qualifying features. The revealed contradictions create difficulties of practical application. The guiding explanations of the Supreme Court of the Russian Federation are ambiguous, which does not contribute to the uniformity of approaches of investigative and judicial authorities in assessing the identified abuses in the area under consideration. The authors support the thesis of the need for equal responsibility for the policyholder and the insurer and consider it necessary to review the sanctions policy for insurance fraud.
Keywords: blank standard, intellectual encroachment, insured event, insurer, real damage, objective and subjective signs, use of fake documents
Bibliographic list of articles
1. Akhmedov M. R. Investigation of fraud in the insurance sector // Young scientist. – 2020. – No. 33 (323). – pp. 87-89.
2. Vasilyeva V. A., Egorenko S. N. Fraud in insurance: spheres of manifestation and modern possibilities of prevention // Strategies for sustainable development: social, economic and legal aspects. Materials of the III All-Russian Scientific and Practical Conference. – Cheboksary, 2024. – pp. 239-241.
3. Voronin A. N., Nadirova R. R. Problems of qualification of fraud in the insurance sector when establishing qualifying and especially qualifying characteristics // International Journal of Humanities and Natural Sciences. – 2022. – No. 12-1 (75). – pp. 74-78.
4. Goleshova Ya. Z. Some issues of qualification of fraud in the insurance sector // Young scientist. – 2022. – No. 19 (414). – pp. 252-254.
5. Gorshkova N. D., Churakov A. N. Some problems of initiating criminal cases for fraud in the insurance industry // Science of the XXI century: current directions of development. – 2020. – No. 1-2. – pp. 366-371.
6. Kuzko E. S. Approaches to defining the concept of fraud in the insurance sector // Evolution of state and law: problems and prospects: collection of scientific papersProceedings of the 3rd International Scientific Conference with the inclusion of materials from the 11th round table “Values and norms of legal culture in Russia”. Volume 1. – Kursk, 2021. – pp. 313-317.
7. Lozovsky D. N., Denisov S. L. On the issue of the circumstances to be established in the process of investigating fraud in the field of insurance committed by an organized group // Yurist-Pravoved. – 2019. – No. 4 (91). – pp. 138-141.
8. Sidorenko E. L. Fraud in the insurance sector: some problems of qualification // Economics. Taxes. Right. – 2018. – No. 5. – P. 146-156.
9. Tarasova N.V., Yakushev N. New opportunities for counteracting insurance fraud in the context of digitalization of the economy // Current problems of ensuring economic security and combating corruption and the shadow economy: collection of scientific papers. Volume Issue 2. – M., 2021. – P. 144-150.
CRIMINAL LAW
POSTNIKOV Mikhail Mikhaylovich
Russian Law Academy of the Ministry of Justice of the Russian Federation
ON THE ISSUE OF LIFTING THE MORATORIUM ON THE DEATH PENALTY FOR CRIMES OF A TERRORIST AND EXTREMIST NATURE
The use of the death penalty as capital punishment causes a lot of controversy, updating the historical, legal, social and psychological aspects of this problem. In connection with Russia’s withdrawal from the Council of Europe in 2022, the issue of a moratorium on the use of the death penalty has again become relevant, which is reflected in heated discussions that have unfolded in public and scientific circles. The author, based on analysis and synthesis of research positions, substantiates the possibility of using the death penalty for crimes of a terrorist and extremist nature.
Keywords: death penalty, moratorium, Constitutional Court, crimes, terrorism, extremism.
Bibliographic list of articles
1. Azarov V. A. Destructive factors in the development strategy of criminal procedural legislation in Russia // Bulletin of Tomsk State University. Right. – 2019. – No. 33. – P. 49-59.
2. Almukhametov R. Sh. The mechanism of the origin of extremism and terrorism in modern society: a sociological approach // Current problems of counteracting extremism and terrorism at the present stage: collection. scientific Art. II All-Russian scientific and practical conference with international participation. – Novosibirsk: Novosibirsk Military Institute of the Order of Zhukov named after General of the Army I.K. Yakovlev of the National Guard of the Russian Federation, 2023. – P. 13-147.
3. Anapolskaya A.I. The death penalty: pros and cons // Penitentiary science. – 2019. – T. 13. No. 4 (48). – pp. 497-502.
4. Baytin M.I. The essence of law (modern normative legal understanding on the verge of two centuries). – Saratov, 2001. – P. 358-364.
5. Voloshin I. A., Chaika A. V. The death penalty: “for” and “against” // Scientific notes of the Crimean Federal University named after V. I. Vernadsky. Legal sciences. – 2019. – No. 2. T. 5 (71). – pp. 99-104.
6. Geranin V.V., Maltseva S.N. What punishment should be an alternative to life imprisonment? // Man: crime and punishment. – 2022. – T. 30 (1-4). – No. 3. – P. 314-325.
7. Gerasimova V. G., Khavdok A. M. Problems of application and abolition of the death penalty in Russia // Law and Law. – 2021. – No. 4. – P. 103-106.
8. Davitadze M. D., Maistrenko G. A. The death penalty: arguments for and against // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2021. – No. 1. – P. 102-107.
9. Dvoretsky M. Yu., Anapolskaya A. I. The death penalty: pros and cons // Penitentiary science. – 2019. – T. 13. No. 4 (48). – pp. 497-502.
10. Kaygorodova L. V. The concept of natural human rights: a formal legal approach // Modernity in the work of a novice researcher: Materials of the scientific and practical conference of young scientists. – Irkutsk March 29. – pp. 61-64.
11. Karagodin A.V., Dorofeeva Zh.P. The death penalty: humanity or justice // Problems of law enforcement. – 2018. – No. 3. – P. 6-10.
12. Korotkova O. A., Vorobyova M. O. Rethinking the moratorium on the death penalty in Russia // Bulletin of the educational consortium Central Russian University. Series: jurisprudence. – 2021. – No. 21. – P. 48-50.
13. Mumidzhanov F. T. The issue of lifting the moratorium on the death penalty for terrorism (using the example of the Russian Federation) // Proceedings of the Academy of the Ministry of Internal Affairs of the Republic of Tajikistan. – 2020. – No. 4 (48). – pp. 156-160.
14. Ovsyannikov A.V. Interaction of operational units of the Ministry of Internal Affairs of the Russian Federation with the bodies of the Federal Penitentiary Service of the Russian Federation in the course of countering manifestations of extremism in the penitentiary system // Bulletin of the Tyumen Institute for Advanced Training of Employees of the Ministry of Internal Affairs of Russia. – 2020. – No. 1 (4). – pp. 43-48.
15. Sahakyan A. Kh. Some issues of application of the moratorium on smecapital punishment in the Russian Federation at the present stage // Law and justice in the modern world: current problems of criminal, criminal procedural, international and environmental law. – St. Petersburg, 2020. – pp. 251-255.
16. Serebryakova S. A. “For” and “against” the death penalty in the Russian Federation // Fundamental applied research: from theory to practice: materials of the II international scientific and practical conference dedicated to the Day of Russian Science, Voronezh – Kyzyl-Kiya, February 05-09, 2018. – Voronezh-Kyzyl-Kiya, 2018. – pp. 21-23.
17. Utkin V. A. Penalization factors and international criminal law // Bulletin of Tomsk State University. Right. – 2015. – No. 2. – P. 128-137.
18. Khudyakova A.V., Oganesyan S.M. Constitutional right to life: moratorium on the death penalty – “PRO” and “CONTRA” // State authorities in the system of human rights activities at the present stage: Collection of scientific works of the VI National Scientific- practical conference December 22, 2022 – St. Petersburg, 2022. – pp. 448-454.
19. Zorkin V.D. Constitutional justice: procedure and meaning / Constitutional Court of the Russian Federation. – St. Petersburg, 2021. – P. 80.
20. Hugo V. The last day of a man sentenced to death. – M.: AST Publishing House, 2020 @@ Dostoevsky F. M. Novel “Idiot”. – Part 1. Chapter II.
CRIMINAL LAW
RAVNYUSHKIN Alexey Viktorovich
Ph.D. in historical sciences, associate professor of Special disciplines sub-faculty of the Crime-an branch of the Krasnodar University of the MIA of Russia, Simferopol, colonel of police
TORGERSEN Alexander Sergeevich
senior lecturer of Fire training sub-faculty of the Siberian Law Institute of the MIA of Russia, Krasnoyarsk
BARKOV Evgeniy Nikolaevich
lecturer of Tactical and special training sub-faculty of the Voronezh Institute of the MIA of Russia, major of police
SHESTAKOVA Nataliya Nikolaevna
Deputy Head of the Investigation Department of the Department of the MIA of Russia for the city of Megion of the MIA of Russia for the Khanty-Mansiysk Autonomous Okrug, major of po-lice
FEATURES OF THE APPLICATION OF PUNISHMENTS NOT RELATED TO ISOLATION FROM SOCIETY
This article discusses various types of punishments not related to isolation from society. The authors note both the positive and negative sides of the application of the considered types of punishments. The advantages and disadvantages of such types of punishment as fines, compulsory labor, and correctional labor are analyzed in detail. The psychological and social aspect of sentencing not related to isolation from society is also considered in detail.
Keywords: punishment, fine, correctional labor, compulsory labor, isolation from society.
Bibliographic list of articles
1. Golberg K. A. On some debatable issues of the concept of “punishments not related to isolation from society” // Gaps in Russian legislation. – 2017. – No. 6. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/o-nekotoryh-voprosah-diskussionnosti-ponyatiya-nakazaniy-ne-svyazannyh-s-izolyatsiey-ot-obschestva (date of access: 04/03/2024).
2. Druzhinina A. A. Problems of execution of criminal penalties in relation to persons convicted without isolation from society // E-Scio. – 2018. – No. 1 (16). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/problemy-ispolneniya-ugolovnyh-nakazaniy-v-otnoshenii-lits-osuzhdennyh-bez-izolyatsii-ot-obschestva (date of access: 03/29/2024).
3. Lyadov E.V. Legal status of convicts serving criminal sentences not associated with isolation from society // Vestn. Volume. state un-ta. Right. – 2015. – No. 2 (16). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/pravovoy-status-osuzhdennyh-otbyvayuschih-ugolovnye-nakazaniya-ne-svyazannye-s-izolyatsiey-ot-obschestva (date of access: 03/29/2024).
4. Prisich I.V. Problems of delimiting punishment in the form of restriction of freedom from related punishments not related to isolation from society // Gaps in Russian legislation. – 2017. – No. 1. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/problemy-otgranicheniya-nakazaniya-v-vide-ogranicheniya-svobody-ot-smezhnyh-nakazaniy-ne-svyazannyh-s-izolyatsiey-ot-obschestva (date of access : 04/03/2024).
5. Rastoropov S.V. About punishments not related to imprisonment // Bulletin of the Samara Legal Institute. – 2023. – No. 3 (54). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/o-nakazaniyah-ne-svyazannyh-s-lisheniem-svobody (date of access: 04/03/2024).
6. Senatov A.V., Chaikovsky A.A. Certain problems that arise during the execution of a sentence in relation to those sentenced to punishments not related to imprisonment // Bulletin of the Kuzbass Institutetitle – 2017. – No. 2 (31). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/otdelnye-problemy-voznikayuschie-pri-ispolnenii-prigovora-v-otnoshenii-osuzhdennyh-k-nakazaniyam-ne-svyazannym-s-lisheniem-svobody (date of access : 03/29/2024).
CRIMINAL LAW
ROMANOVA Nelli Lvovna
Ph.D. in Law, associate professor of Criminal law sub-faculty of the East-Siberian branch of the Russian State University of Justice, Irkutsk
KALANDARISHVILI Hristina Aleksandrovna
Ph.D. in Law, associate professor of Criminal law and criminology sub-faculty of the Irkutsk Institute (branch) of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia)
ANALYSIS OF NOVELTIES OF THE CRIMINAL LAW IN THE FIELD OF STATE SECURITY
In the scientific study, the authors note a tendency to strengthen the criminal law protection of the interests of state power, since the legislator criminalized a number of acts that expanded Chapter 29 of the Criminal Code of the Russian Federation, fixing new articles in it: 275.1, 280.3, 280.4 and 281.1-281.3. This phenomenon is explained, of course, by the goals of protecting the interests of Russia in connection with the special military operations by the Armed Forces of the Russian Federation. This article is devoted to the analysis of innovations from the perspective of systemic law and potential effectiveness. As the material is presented, proposals are made to optimize and improve legal regulation in this area.
Keywords: criminal law, novelties, state security, qualification problems.
Bibliographic list of articles
1. Dyakov S.V. Crimes against the foundations of the constitutional order and security of the state: criminal law and criminological research. – St. Petersburg, 2012. – 265 p.
2. Ermolovich Ya. N. Scientific and practical commentary on the Federal Law “On Amendments to the Criminal Code of the Russian Federation and the Criminal Procedure Code of the Russian Federation” dated July 14, 2022 No. 260-FZ // Law in the Armed Forces. – 2022. – No. 11. – P. 89-102.
3. Nudel S. L. Modernization of criminal policy: problems of legal regulation // Journal of Russian Law. – 2023. – No. 1. – P. 5-22.
4. Pudovochkin Yu. E., Babaev M. M. Criminal policy and criminal law of a strong state // Current problems of Russian law. – 2023. – No. 2. – P. 131-144.
5. Shamaev A. M. Issues of law enforcement practice in the qualification of acts falling under Art. 280.3. Criminal Code of the Russian Federation “Public actions aimed at discrediting the use of the armed forces of the Russian Federation” // Education and Law. – 2022. – No. 4.
6. Markuntsov S. A. Administrative prejudice as a special means of legal technology and its use in the criminal code of the Russian Federation // Law. Journal of the Higher School of Economics. – 2016. – No. 4.
CRIMINAL LAW
STUPINA Svetlana Alexandrovna
Ph.D. in Law, associate professor, associate professor of Forensic science sub-faculty of the Siberian Fire and Rescue Academy of the EMERCOM of Russia, Zheleznogorsk
LITVINOV Roman Viktorovich
lecturer of Forensic science sub-faculty of the Siberian Fire and Rescue Academy of the EMERCOM of Russia, Zheleznogorsk
ON SOME ISSUES OF CRIMINAL LIABILITY FOR ACTIVITIES AGAINST THE SECURITY OF THE RUSSIAN FEDERATION
Taking into account the challenges and threats that our society faces and determine the vectors of development of criminal legislation, as well as the formation of law enforcement practice, the article examines the issues of regulating criminal liability in the case of activities of foreign agents to the detriment of national security.
In addition, options on the possibility of qualifying the actions of persons posting photo and video materials in the media, including on the Internet information and telecommunications network, which are used by a foreign state, international or foreign organization or their representatives in activities directed against the security of the Russian Federation, have been investigated.
The author’s version of the criminal law norm on the responsibility of such persons in the absence of signs of high treason is proposed.
Keywords: crime, punishment, criminal liability, state security, foreign agents, photo and video materials, ensuring national security.
Bibliographic list of articles
1. Smirnov S.V. Directions for improving the concept of state sovereignty in the conditions of “real multipolarity” // Bulletin of the Institute of Law of the Bashkir State University. – 2021. – No. 3 (11). – pp. 22-31.
2. Ponomarenko E. V., Kopsheva K. O. Validity of changes in criminal legislation concerning certain crimes against the foundations of the constitutional system and the security of the state // Legal policy and legal life. – 2023. – No. 1. – P. 121-126.
3. Gustova E. V. Reform of criminal legislation regarding crimes against the foundations of the constitutional order and the security of the state // Criminal law: development strategy in the XXI century. – 2023. – No. 1. – P. 161-169.
4. Korobets B. N. Reasons for the legislative use of evaluative concepts in criminal law of Russia // Legal Sciences. – 2007. – No. 2. – P. 165-168.
CRIMINAL LAW
USOV Evgeniy Gennadjevich
Ph.D. in Law, associate professor of Criminal law and criminology sub-faculty of the Irkutsk Institute (branch) of the All-Russian State University of Justice
BELOZERTSEV Sergey Mikhaylovich
Ph.D. in historical sciences, Deputy Head of State and legal disciplines sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk
VOLKOV Pavel Anatoljevich
Ph.D. in Law, associate professor of Management and administrative activities of the internal affairs bodies sub-faculty of the I. D. Putilin Belgorod Law Institute of the MIA of Russia, colonel of police
FEATURES OF MUSLIM CRIMINAL LAW
The article deals with issues related to the peculiarities of Muslim criminal law. The authors emphasize that the exclusivity of Muslim law is expressed in the fact that it is based solely on the norms of religion. This leads to difficulties when there is a question of legitimizing any actions or, conversely, tightening the law. Another feature of the criminal Muslim law is the absence of a Common part.
Keywords: Muslim criminal law, crime, punishment, criminal liability, threat to welfare.
Bibliographic list of articles
1. Akilov F.I. Criminal law of the Islamic Republic of Iran: formation, main institutions and development trends: abstract. dis. …cand. legal Sci. – M., 2010. – 23 p.
2. Akhkumbekova Zh. D. On some general issues of the relationship between the norms of religion and law in the Muslim legal system // Black holes in Russian legislation. – 2012. – No. 5. – P. 18-24.
3. Boronbekov S. Sharia: its place and role in creating a climate of trust, tolerant consciousness and the fight against extremism in Russian society: monograph. – Ryazan, 2004. – 279 p.
4. Elayan G. F. Fundamentals of Muslim criminal law. – Makhachkala, 2002. – 160 p.
5. Artemov V. Yu. Basic institutions of Muslim criminal law: abstract. dis. …cand. legal Sci. – M., 2008. – 28 p.
6. Petrovsky A.I. Religious and philosophical foundations of Muslim criminal law // Legal science. – 2015. – No. 1. – P. 20-26.
7. Stromov V. Yu. System of criminal punishments in the criminal legal family of religious law on the example of modern Muslim states // Bulletin of TSU. – 2012. – No. 9 (113). – pp. 406-407.
8. Syukiyainen L. R. Muslim criminal law: theoretical foundations and modern practice // Modern criminal law and criminology: collection. scientific works / Rep. ed. A. E. Zhalinsky. – M., 2007. – P. 80-106.
CRIMINAL LAW
CHEREMNOVA Natalya Alexandrovna
Ph.D. in Law, associate professor of Criminal law sub-faculty of the Omsk Academy of the MIA of Russia
FEATURES OF THE QUALIFICATION OF PERSONAL HARASSMENT FOR SELFISH REASONS
One of the problems of modern reality is the spread of cases of encroachment on other people’s property through victim harassment. The article analyzes an example from a practical activity that clearly illustrates an encroachment committed for selfish reasons by bullying the victim using information and telecommunication means. The author examines all the norms that contain signs of the committed act, and concludes about the qualification of the deed.
Keywords: selfish motive, qualification, harassment, cyberbullying, Internet, network, minors, criminal liability.
Bibliographic list of articles
1. Tyutyunnik I. G. Selfish motive in the structure of crimes against personal freedom: criminal law and criminological analysis: abstract of thesis. dis. …cand. legal Sci. – Moscow, 2013. 23 p.
2. Baburin V.V., Cheremnova N.A. Bullying in the information space (cyberbullying) and victimization of minors and minors // Altai Legal Bulletin. – 2022. – No. 3. – P. 54-59.
3. Naumova N. N., Efimova A. S. Foreign studies of the phenomenon of bullying in 1980-90 // Psychological Sciences. – 2018. – No. 5-1. – pp. 139-141.)
4. Cheremnova N. A. Social and legal factors that impede the prevention of cyberbullying // Law and practice. – 2023. – No. 4. – P. 140-143.
CRIMINAL LAW
KONNOV Roman Andreevich
postgraduate student of Criminal law and criminology sub-faculty of the Law School of the Far Eastern Federal University, Vladivostok
NEW TYPES OF ENCROACHMENTS ON THE FOUNDATIONS OF THE CONSTITUTIONAL ORDER? TRENDS AND NOVELTIES OF MODERN CRIMINAL LAW POLICY OF THE RUSSIAN FEDERATION
This article analyzes the problem of modern criminal law policy of the Russian state, using the example of new types of encroachments on the foundations of the constitutional system introduced in 2022, namely trends and novelties in current criminal legislation related to the protection of the foundations of the constitutional system of the Russian Federation as a starting point of the study. Taking into account the modern challenges that global globalization has prepared, external threats and internal tasks of the Russian Federation as a sovereign and stable state, as well as the current changes in criminal legislation, the study seems relevant. By reviewing modern doctrinal documents of the Russian Federation, comparative legal analysis of normative legal acts and analysis of draft laws submitted to the Federal Assembly of the Russian Federation, the author identifies the main problems, and also concludes about the trends of modern criminal law policy of the Russian Federation that the foundations of the constitutional system are one of the most protected objects in the Russian Federation, moreover The range of public relations that fall under the protection of such foundations is not constant and is constantly expanding.
Keywords: criminal law policy, foundations of the constitutional system, trends in criminal law policy, protection of the foundations of the constitutional system.
Bibliographic list of articles
1. The Constitution of the Russian Federation (adopted by popular vote on December 12, 1993) (taking into account the amendments introduced by the Laws of the Russian Federation on amendments to the Constitution of the Russian Federation dated December 30, 2008 No. 6-FKZ, dated December 30, 2008 No. 7-FKZ, dated February 5, 2014 No. 2 -FKZ, dated July 1, 2020 No. 11-FKZ) // Collection of legislation of the Russian Federation. – 07/01/2020. – No. 31. – Art. 4398.
2. Criminal Code of the Russian Federation dated June 13, 1996 No. 63-FZ (as amended on March 25, 2022) // “Collection of Legislation of the Russian Federation.” – 06/17/1996. – No. 25. – Art. 2954.
3. Decree of the President of the Russian Federation dated July 2, 2021 No. 400 “On the National Security Strategy of the Russian Federation.”
4. Kuznetsov A.P. Concept, general characteristics of crimes against the foundations of the constitutional system and the security of the state // Socio-political sciences. – 2017. – No. 4. – P. 86-90.
5. Draft Federal Law “On Amendments to the Criminal Code of the Russian Federation and the Criminal Procedure Code of the Russian Federation” No. 130406-8, submitted to the State Duma on May 22, 2022.
6. Criminal law of Russia. General part: Textbook / Ed. F. R. Sundurova, I. A. Tarkhanova. 3rd ed., revised. and additional – M.: Statute, 2009. – P. 149.
CRIMINAL LAW
BLAZHKOVA Tatyana Olegovna
adjunct of Criminal policy sub-faculty of the Academy of Management of the MIA of Russia
ON THE IMPORTANCE OF RECOGNIZING COMPENSATION FOR PHYSICAL AND MENTAL HARM FROM VIOLENT CRIMES
The article examines the aspects of the impact of compensation for physical and mental harm on the optimal functioning and development of the institution of human and civil rights and freedoms. A new view is presented on the situation of moral damage and its compensation as the consequences of committing violent crimes. The definition of moral harm within the framework of the criminal law doctrine is outlined. The analysis of the positions of well-known scientists regarding the concept of violence is carried out. Objects that are directly harmed by violent crimes have been identified. The tendency of the current practice of compensation for harm from crimes is highlighted, the shortcomings of such are identified and ways of improvement are established.
Keywords:violence, moral harm, mental harm, physical harm, human rights.
Bibliographic list of articles
1. Belogrits-Kotlyarovsky L. S. Textbook of Russian criminal law. General and Special parts. – Kyiv, 1903.
2. Gaukhman L. D. Problems of the criminal legal fight against violent crimes in the USSR / ed. I. S. Noya. – Saratov, 1981.
3. Kokorev L. D. Victim of a crime in Soviet criminal proceedings. – Voronezh, 1964.
4. Menshagin V.D., Piontkovsky A.A. Course of Soviet criminal law. A special part. T. 1. – M., 1955.
5. Narizhny S.V. Compensation for moral harm in criminal proceedings in Russia. – St. Petersburg, 2001.
6. Olefirenko S.P. History of the development of the institution of compensation for moral harm in the criminal procedural legislation of the Russian Federation // Bulletin of SUSU. Series: Law. – 2008. – No. 8 (108).
7. Tagantsev N.S. Criminal Code of March 22, 1903 – St. Petersburg, 1904.
8. Sharapov R. D. Physical violence in criminal law. – St. Petersburg, 2001.
CRIMINAL LAW
TAILOVA Aisha Gabibovna
Ph.D. in Law, associate professor of Legal disciplines sub-faculty of the North Caucasus Institute of the All-Union State University of Justice (RLA of the Ministry of Justice of Russia), branch in Makhachkala
MUSTAFAEV Zurab Sabirovich
magister student of the 2nd course of the North Caucasus Institute of the All-Union State University of Justice (RLA of the Ministry of Justice of Russia), branch in Makhachkala
ABAKAROVA Bika Gadzhishamkhalovna
lecturer of the 1st category of the Law College of the North Caucasus Institute of the All-Union State University of Justice (RLA of the Ministry of Justice of Russia), branch in Makhachkala
FEATURES OF CRIMINAL LIABILITY FOR EVASION OF TAXES ON INHERITED PROPERTY UNDER GERMAN LAW
The article discusses the problems of criminal liability for evasion of taxes on inherited property under German law.
Only a small number of people are subject to inheritance or inheritance taxes. There are theories according to which the unpopularity of inheritance taxes in Germany is related to the interests of a certain category of people who will be most affected by tax increases and that they have the opportunity to influence public opinion. Another important factor for popularity and therefore willingness to evade taxes in Germany is how fair the tax is perceived to be. If a tax is perceived as very unfair, tax evasion will have greater social approval and the decision to evade the tax will be made more often. An unfair tax system increases incentives to cheat.
Taxation is part of the important tools used by the state to direct economic and social activities, and tax evasion makes it difficult for the state to fulfill its responsibilities.
Analysis of the features of German tax legislation and the use of foreign experience in combat tax crimes in the field of taxation of inherited property allows us to formulate a set of effective national criminal legal measures to combat this type of crime.
Keywords: criminal law, criminal law, corpus delicti, criminal liability, tax, taxpayer, tax crime, tax criminal act, foreign criminal law, criminal law of Germany.
Bibliographic list of articles
1. Lopashenko N. A. Crimes in the sphere of economic activity: theoretical and applied analysis. – M.: Yurlitinform, 2015. – P. 42.
2. Khoroshilov S. A. Some problems of responsibility and punishability of evasion of taxes and (or) fees // Criminal law policy and problems of counteracting modern crime. Digest of articles. – Saratov, 2022. – P. 317.
3. [Electronic resource]. – Access mode: https://www.kommersant.ru/doc/348154 (date of access: 03/01/2024).
4. Tsvetkov F. N. Representation in relations regulated by legislation on taxes and fees // Ivanovo-Voznesensky Legal Bulletin. – 2022. – No. 3. – P. 25.
5. Inheritance tax in Germany and the gift of real estate may increase from January 1, 2023, due to the cadastral revaluation of real estate in Germany. – [Electronic resource]. – Access mode: https://ru.inteco-real-estate.com/pokupatelyam/halog-na-nasledstvo-v-germanii-i-darenie-nedvizhimosti-mogut-rezko-vozrasti-s-2023-goda/@@ Technological description: This website uses the Matomo web analysis service to analyze and optimize the use of our website. The software runs only on web servers operated by the service provider “ITZ Bund” on behalf of the Federal Statistical Office. – [Electronic resource]. – Access mode: https://www.destatis.de/EN/Themes/Economy/National-Accounts-Domestic-Product/_node.html.
6. Experts from the German Institute for Economic Research (DIW) announced the beginning of a recession in Germany. – [Electronic resource]. – Access mode: https://www.gazeta.ru/business/news/2022/10/28/18900901.shtml.
CRIMINAL LAW
KONNOV Roman Andreevich
postgraduate student of Criminal law and criminology sub-faculty of the Law School of the Far Eastern Federal University, Vladivostok
GENERAL CRIMINAL LAW CHARACTERISTICS OF CRIMES THAT INFRINGE ON THE FOUNDATIONS OF THE CONSTITUTIONAL SYSTEM OF THE RUSSIAN FEDERATION
In the ccontent of this scientific article, the author examines the general criminal law characteristics of crimes that infringe on the foundations of the constitutional system of the Russian Federation. At the end of the preparation of this scientific study, the author formulated his own vision of some features of the criminal law qualification of the category of criminal act in question.
Keywords: general criminal law characteristics, crimes encroaching on the foundations of the constitutional system of the Russian Federation, the foundations of the constitutional system of Russia.
Bibliographic list of articles
1. Vladimirov A. A. Crimes that encroach on the foundations of the constitutional system. Monograph. – St. Petersburg: Yurayt, 2022. – 510 p.
2. Lopashenko N. A. Crimes that encroach on the foundations of the constitutional system. – Moscow: Wolters Kluwer, 2019. – 188 p.
CRIMINAL LAW
FYODOROV Evgeniy Alexeevich
postgraduate student of the Penza State University
CRIMES AGAINST JUSTICE: PROBLEMS OF THE SYSTEM
This work is an overview of the system of crimes against justice, highlighting both theoretical and practical aspects of this issue. The paper examines various types of crimes against justice, their definition, features and consequences. The author also explores the difficulties faced by theorists and practitioners in this field, including the ambiguity of the definition of crimes against justice, and the insufficient legislative framework.
Keywords: justice, crimes against justice, the system.
Bibliographic list of articles
1. Aleksandrov A. N., Antonov Yu. I., Galakhova A. V., Demidov V. V., et al. Crimes against justice / Edited by: Galakhova A. V. – M.: Norma, 2005.
2. Anishina V.I., Artemov V.Yu., Bolshova A.K. et al. Justice in the modern world: monograph / Ed. V. M. Lebedeva, T. Ya. Khabrieva. – M.: Norma, Infra-M, 2012.
3. Gubko I.V. The system of crimes against justice and the place in it of evasion from serving a criminal sentence or other measures of legal and procedural coercion // Russian investigator. – 2012. – No. 23.
4. Prokhorov L. A., Prokhorova M. L. Criminal law: Textbook. – M., 2004.
5. Classification of crimes against justice // Bulletin of Omsk State University. Series. Right. – 2016. – No. 3 (48). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/klassifikatsiya-prestupleniy-protiv-pravosudiya-2 (date of access: 02.21.2024).
CRIMINAL PROCEDURE
GAUZHAEVA Viktoriya Alexandrovna
Ph.D. in Law, associate professor of Special and technical training sub-faculty of the North-Caucasian Advanced Training Institute (branch) of the Krasnodar University of the MIA of Russia, colonel of police
VDOVIN Anton Sergeevich
lecturer of Tactical and special training sub-faculty of the Barnaul Law Institute of the MIA of Russia, major of police
GENERAL TACTICAL PROVISIONS FOR INVESTIGATING CRIMES COMMITTED BY ORGANIZED CRIMINAL GROUPS
The article outlines the tactical features of the investigation of crimes committed by organized criminal groups, and emphasizes the need to use specialized investigative strategies, problems with collecting evidence associated with the hierarchical structure of groups and complex measures to counter the actions of law enforcement agencies The article highlights the importance of a flexible, adaptive approach to investigations based on a deep understanding of crime dynamics and the use of advanced forensic techniques.
Keywords: organized crime, investigative actions, evidence collection, criminal groups, law enforcement strategy
Attached bibliography
1. Arsenyev K. Yu. Prevention and detection of crimes committed by organized criminal groups // Issues of sustainable development of society. – 2022. – No. 5. – P. 627-632.
2. Bakirov R.R. Social and historical prerequisites for the emergence and development of organized criminal groups in the USSR and Russia // Human factor: Social psychologist. – 2023. – No. 3 (47). – pp. 12-22.
3. Shustikova M. V. Forensic support for the disclosure and investigation of crimes committed as part of an organized criminal group // Law and Management. – 2023. – No. 1. – P. 267-277.
4. Berova D. M., Akkaeva Kh. A. Current issues in the development of the causes and conditions of crime in the Russian Federation // Gaps in Russian legislation. – 2023. – T. 16. No. 5. – P. 376-380.
5. Rezvan A. P., Subbotina M. V. Forensic methods for investigating certain types of crimes: a textbook in 2Part 2. – M.: IMI GUK MIA of Russia, 2002. – 232 p.
6. Tambiev S. A., Abaev N. B. Tactics of combating organized crime // Law and management. – 2023. – No. 10. – P. 230-234.
7. Tambiev S. A., Urumov A. V. Cyberterrorist crimes: problems of detection and investigation / In the collection: Theory and practice of crime investigation. Materials of the XI International Scientific and Practical Conference. (Krasnodar, April 13, 2023). – Krasnodar: Krasnodar University of the Ministry of Internal Affairs of Russia, 2023. – P. 237-240.
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 SIGNIFICANCE AND FEATURES OF THE IMPLEMENTATION OF OPERATIONAL INVESTIGATIVE ACTIVITIES
The work studies the formation of the legal system as a whole, law enforcement in particular, the development and importance of operational-search activities, its relationship with the criminal procedure law. Particular attention is paid to issues of evidence and proving. In particular, understanding the essence of 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, operational-search activities, evidence, documentation, police.
Bibliographic list of articles
1. Federal Law of August 12, 1995 No. 144-FZ (as amended on July 6, 2016) “On operational investigative activities.” [Electronic resource]. – Access mode: http://www.consultant.ru. (date of access: 01/14/2024).
2. “Criminal Procedure Code of the Russian Federation” dated December 18, 2001 No. 174-FZ (as amended on April 1, 2019, as amended on April 17, 2019) (with amendments and additions, entered into force on April 12, 2019 ). [Electronic resource]. – Access mode: http://www.consultant.ru. (date of access: 01/14/2024).
CRIMINAL PROCEDURE
ERMAKOV Alexey Alexeevich
lawyer, lecturer of Professional disciplines sub-faculty of the Samara Law Institute of the FPS of Russia
AZARKHIN Alexey Vladimirovich
Ph.D. in Law, associate professor of Combating economic crimes sub-faculty of the Samara State University of Economics
A TURN FOR THE WORSE AS A PROBLEM OF REVIEWING CASES RELATED TO NON-FULFILLMENT OF THE TERMS AND OBLIGATIONS OF THE PRE-TRIAL COOPERATION AGREEMENT
The article examines the actual aspects of the effect of the criminal procedure prohibition on a turn for the worse in the review of convictions against a person who entered into an agreement at the stage of pre-trial proceedings. Criminal procedure prohibitions play an important role in ensuring justice and protecting the rights of participants in criminal proceedings, preventing abuse. The prohibition of a turn for the worsening is one of the special cases of a criminal procedure ban, providing an opportunity to appeal the verdict without the risk of worsening the situation of the unfortunate person. However, in case of violation of the terms of the pre-trial cooperation agreement, a turn for the worse during the review of the case may lead to tougher penalties and the cancellation of benefits provided on the basis of the agreement.
Keywords: criminal procedure ban, turn for the worse, pre-trial cooperation agreement.
Bibliographic list of articles
1. Bagautdinov K. F. Current issues of pre-trial agreement on cooperation // Bulletin of the Kazan Legal Institute of the Ministry of Internal Affairs of Russia. 2017. No. 4 (30). pp. 95-98.
2. Kachalova O. V. A turn for the worse during a review due to newly discovered circumstances of the verdict against a person who entered into a pre-trial cooperation agreement // Law and Law. 2015. No. 11. P. 121-123.
3. Kilina I.V. A turn for the worse when reviewing a sentence passed against a defendant with whom a pre-trial cooperation agreement was concluded // Current problems of Russian law. 2018. No. 8 (93). pp. 155-163.
4. Malko A.V. Prohibitions as a means of legal policy // Bulletin of the Samara Humanitarian Academy. Series: Law. 2012. No. 1 (11). pp. 3-11.
5. Nasonova I. A., Khalimonenko S. S.On the issue of criminal procedural prohibition // Bulletin of the Voronezh Institute of the Ministry of Internal Affairs of Russia. 2019. No. 4. P. 181-186.
6. Bad M. E. Grounds for a turn for the worse in the cassation court // Bulletin of Tomsk State University. 2016. No. 409. pp. 171-186.
7. Ryabykh M. Yu. Prohibition of turning for the worse in the system of criminal procedural prohibitions // Bulletin of Voronezh State University. Series: Law. 2007. No. 1 (2). pp. 313-320.
8. Khalimonenko S.S. Norms and prohibitions in the mechanism of criminal procedural regulation // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. 2020. No. 4 (55). pp. 173-178.
CRIMINAL PROCEDURE
MEDVEDEVA Inna Nikolaevna
scientific researcher of the Department on the study of the problems of employment of convicts and the economic problems of the functioning of the penal enforcement system of the Center for the Study of Problems of Management and Organization of the Execution of Sentences in the Penitentiary System of the Federal State Institution “Research Institute of the Federal Penitentiary Service”
ON THE ISSUE OF ORGANIZING THE SELECTION OF STAFF IN THE PENITENTIAL SERVICES OF SOME FOREIGN COUNTRIES
Recently, the problem of personnel outflow from the Russian Ministry of Internal Affairs and other law enforcement agencies has become actively discussed in the media. One of the reasons for employees leaving law enforcement agencies is the “uncompetitive” level of wages. Meanwhile, the task of developing highly motivated and professional personnel potential in law enforcement agencies has been placed under special control by the President of the Russian Federation and the Government of the Russian Federation, including in strategic planning documents (Concepts and Development Strategies). The author of the article analyzed the scientific literature and legislation of foreign countries on the chosen research topic. The analysis showed special requirements for candidates for service or work in the penitentiary departments of foreign countries, including: proper health, a certain level of education, passing tests, etc. At the same time, employees of penitentiary services, in addition to competitive wages, are provided with various benefits: retirement after a certain period of service, compensation for rent, training, vacations.
Keywords: foreign experience, personnel selection, penitentiary institutions, features.
Bibliographic list of articles
1. “Not such a warm place these days” 08/11/2023 // Website of the Kommersant publication 03/22/2024. [Electronic resource]. – Access mode: https://www.kommersant.ru/doc/6150177?ysclid=lu2ig7enb422749357 (date of access: 03.22.2024).
2. The Ministry of Internal Affairs announced a shortage of 100 thousand people 10/11/2023 // RBC website 03/22/2024. [Electronic resource]. – Access mode: https://www.rbc.ru/politics/11/10/2023/65267c689a7947345a72f306?ysclid=lu2ipd16kl964367314 (date of access: 03/22/2024).
3. RBC website. The Federal Penitentiary Service decided to overcome the outflow of personnel with the help of an extended service life 11/17/2020. [Electronic resource]. – Access mode: https://www.rbc.ru/society/17/11/2020/5fb39d7f9a794772dbfc1755 (date of access: 03/20/2024).
4. Teplyashin P.V. Anglo-Irish type of European penitentiary systems: organizational and legal foundations, means of treatment and conditions of detention for convicts // Journal of Foreign Legislation and Comparative Law. – 2017. – No. 1 (62). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/anglo-irlandskiy-tip-evropeyskih-penitentsiarnyh-sistem-organizatsionno-pravovye-osnovy-sredstva-obrascheniya-i-usloviya-soderzhaniya (access date: 03/22/2024 ).
5. Khairullin V.I., Yusupova Z.A. From the penitentiary experience of the Scandinavian countries // Eurasian Advocacy. – 2019. – No. 1 (38). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/iz-penitentsiarnogo-opyta-skandinavskih-stran (date of access: 03/20/2024).
CRIMINAL PROCEDURE
MELIKOVA Iminat Muradovna
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
TO THE QUESTION OF THE NOTION OF THE JUDICIAL INVESTIGATION AS A STAGE OF THE JUDICIAL PROCEEDINGS
The judicial investigation is an essential stage in the judicial process of criminal proceedings in the Russian Federation. It is a comprehensive system of procedures and measures aimed at clarifying all the circumstances of the crime, establishing the guilt orinnocence of the defendant, as well as ensuring the collection of necessary evidence for judicial review of the case. The judicial investigation is carried out taking into account the principles of justice, legality and protection of human rights and guarantees compliance with procedural norms and rules. During this process, various procedural actions are carried out, such as interrogations of participants in the case, examinations, crime scene inspections and analysis of material evidence. In addition, the judicial investigation ensures the protection of the rights of the defendant and ensures transparency and objectivity of the entire process.
Keywords: criminal case, trial, Russian Federation, defendant’s rights, evidence, procedural actions, justice.
Bibliographic list of articles
1. Aleksandrov A. S. Judicial investigation in the procedure for considering a criminal case by an appellate court of general jurisdiction: reality or legal simulacrum // Checking the legality and validity of judicial decisions in criminal proceedings: Collection of materials of the All-Russian Scientific and Practical Conference, St. Petersburg, 16-17 October 2020 / Edited by K. B. Kalinovsky. – St. Petersburg: Center for Scientific and Information Technologies “Asterion”, 2021. – P. 61-71.
2. Osodoeva N.V. Judicial investigation in the court of first instance in the Russian Federation, England and the Republic of Turkey: common features and differences // Scientific digest of the East Siberian Institute of the Ministry of Internal Affairs of Russia. – 2019. – No. 2 (2). – pp. 159-165.
3. Tarasov A. A., Gizatullin I. A. Judicial investigation in criminal cases as a reflection of the main problems of domestic justice // Bulletin of the Institute of Law of the Bashkir State University. – 2020. – No. 4 (8). – pp. 88-96.
4. Fomin V. A. On the issue of the concept of judicial investigation as the stage of the trial itself // Science of the young – the future of Russia: a collection of scientific articles of the 6th International Scientific Conference of Prospective Developments of Young Scientists, Kursk, December 09–10, 2021. Volume 2. – Kursk: Southwestern State University, 2021. – P. 346-350.
5. Khaidarov A. A. The purpose of judicial investigation in criminal proceedings // Yurist-Pravoved. – 2021. – No. 2 (97). – pp. 107-114.
CRIMINAL PROCEDURE
MILOVA Irina Evgenjevna
Ph.D. in Law, associate professor, Head of Organization of combating economic crimes sub-faculty of the Samara State University of Economics
PRYTKOVA YanaVyacheslavovna
postgraduate student of Organization of combating economic crimes sub-faculty of the Samara State University of Economics
CONCLUSION AND TESTIMONY OF A SPECIALIST, THEIR EVIDENTIARY VALUE IN RUSSIAN CRIMINAL PROCEEDINGS
The article analyzes the role of a specialist in criminal proceedings. The differences between a specialist and an expert are considered. The author examines the admissibility of using the conclusion and testimony of a specialist as an independent type of evidence in the case. The main problems associated with the participation of a specialist in criminal proceedings are analyzed. The necessity of reforming the institution of a specialist is proven from the standpoint of the procedure for drawing up an opinion and the procedure for its provision. The testimony of a specialist is considered as a way to confirm the validity of the prepared conclusion. The authors defend the thesis that the conclusions and testimony of a specialist provide a sufficient amount of factual material, and cannot be considered “second-class” evidence.
Keywords: expert’s conclusion, expert’s testimony, forensic examination, specialist, expert, evidence, investigator, traces of a crime, defense party, criminal proceedings.
Bibliographic list of articles
1. Allahverdiev A. M., Yavorsky M. A. The use of a polygraph in the detection and investigation of crimes: pros and cons // Bulletin of the Prikamsky Social Institute. – 2020. – No. 3 (87). – pp. 61-64.
2. Afanasyev Yu. N., Afanasyeva O. V., Milova I. E. On the issue of the evidentiary value of linguistic examinations // Current problems of jurisprudence: collection. based on materials of the VIII international. scientific-practical conf. – 2018. – Volume No. 3 (8).
3. Bobrov D. M. Admissibility of using polygraph research results as evidence in a criminal case // Young scientist. – 2022. – No. 14 (409).
4. Bulokhov I.I. Conclusion and testimony of a specialist as types of evidence in Russian criminal proceedings // Young scientist. – 2023. – No. 15 (462).
5. Glazunova E. V. Current problems of the participation of a specialist in criminal proceedings when working with electronic evidence // Young scientist. – 2023. – No. 37 (484).
6. Elagina E. V. Institute of Special Knowledge in Criminal Justiceproduction: textbook. – St. Petersburg: St. Petersburg Law Institute (branch) of the University of the Prosecutor’s Office of the Russian Federation, 2019.
7. Kurchenko V. N. Expert’s conclusion: evidentiary value in comparison with examination // Criminal process. – 2023. – No. 1 (17).
8. Makeeva I. E. Conclusion of a specialist in criminal proceedings: features and place in the system of evidence // Liberal-democratic values. – 2023. – No. 3. Volume 7.
9. Polyakov S. B. Evaluation by the court of a specialist’s conclusion // Criminal proceedings. – 2022. – No. 3.
CRIMINAL PROCEDURE
RABADANOV Ramazan Ruslanovich
magister student of the 2 year of full-time study of the Institute of Law of the Dagestan State University, Makhachkala
BEGOVA Dinara Yakubovna
Ph.D. in Law, associate professor of Criminal process and criminalistics sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
ACTUAL PROBLEMS OF THE COURT’S ELECTION OF A PREVENTIVE MEASURE IN THE FORM OF DETENTION
This scientific article examines in detail the problems associated with the court’s choice of a preventive measure in the form of detention in the Russian Federation. This study is a large-scale analysis of both the legal and social aspects of this important aspect of law enforcement practice. Primary attention is paid to the observance of constitutional guarantees and human rights in the process of choosing a preventive measure, especially in the context of ensuring a fair trial. Cases of arbitrariness and corruption are considered, which may affect the adoption of unreasonable court decisions and violate the principles of justice. In conclusion, based on the analysis, practical recommendations and directions are proposed for reforming the justice system in order to ensure the fair and effective application of preventive measures in the form of detention in the Russian Federation.
Keywords: election of a preventive measure, detention, judicial process, human rights, corruption, social consequences, Russian Federation.
Bibliographic list of articles
1. Grigorieva V. S. Problems of choosing a preventive measure in the form of detention // Science and education in global processes. – 2020. – No. 1 (7). – pp. 38-41.
2. Lyutikova A.V. Detention as a preventive measure in Russian criminal proceedings // Science and education: problems and development strategies. – 2018. – No. 1 (4). – pp. 93-99.
3. Pechkareva A. O. Current problems of choosing a preventive measure by the court in the form of detention // Investigative activity: problems, their solution, development prospects: Materials of the V All-Russian Youth Scientific and Practical Conference, Moscow, December 03, 2021. – Moscow: Moscow Academy of the Investigative Committee of the Russian Federation, 2022. – P. 269-273.
4. Ramazanov R. A. Problems of choosing a preventive measure in the form of detention // Criminal proceedings in Russia and foreign countries: problems and development prospects: materials of the international scientific and practical conference, St. Petersburg, November 12, 2021. – St. Petersburg: St. Petersburg University of the Ministry of Internal Affairs of Russia, 2021. – P. 335-339.
5. Shikieva D. Sh. Detention as a preventive measure: problems, practical implementation // Problems of improving legislation: a collection of scientific articles by students of the Faculty of Law. Volume Issue-85/19. – Makhachkala: Limited Liability Company “ALEF”, 2019. – P. 409-412.
CRIMINAL PROCEDURE
TINGAEVA Irina Vladimirovna
senior lecturer of Criminal process sub-faculty of the Ufa Law Institute of the MIA of Russia
IMAEVA Yuliya Borisovna
Ph.D. in Law, Head of the sub-faculty of the Bashkir Academy of Public Administration and Management under the Head of the Republic of Bashkortostan
THE ACTIVITIES OF THE INVESTIGATOR TO COMPLY WITH PROCEDURAL GUARANTEES OF THE SUSPECT
During the initiation of a criminal case, various procedural guarantees of participants can be implemented, and the investigator must be considered the main subject of such implementation. At the same time, an analysis of the legislative regulation of these relations shows that there are significant problems in determining the procedural status of individual of them. In this connection, questions arise related to the need to provide due procedural guarantees to participants in criminal proceedings. Thus, the article examines the areas of activity of the investigator in implementing the implementation of procedural guarantees involved in the stage of initiating a criminal case of participants.
Keywords: criminal process, investigator, procedural guarantees, participants in criminal proceedings, criminal case, suspect.
Bibliographic list of articles
1. Fadeev P.V., Ivanov D.A. On the concept of a suspect and the problems of improving his procedural status // Bulletin of Economic Security. – 2022. – No. 4. – P. 226-230.
2. Burtsev A.V. On the issue of detaining a person on suspicion of committing a crime at the stage of initiating a criminal case // Gaps in Russian legislation. – 2021. – T. 14. No. 4. – P. 323-327.
3. Akhmedov A. A. On the legal status of a suspect at the stage of initiating a criminal case // Concept of the “knowledge society” in modern science. Collection of articles based on the results of the International Scientific and Practical Conference. – Sterlitamak, 2022. – pp. 111-113.
4. Anikina M. S. Procedural position of the primary participants in criminal proceedings // Electronic supplement to the Russian Legal Journal. – 2021. – No. 1. – P. 77-85.
5. Dikarev I. S., Nikonovich S. L. Raising suspicions in criminal proceedings // Bulletin of military law. – 2021. – No. 3. – P. 7-12.
6. Grishin A.V., Semenov E.A., Vetrova O.A., Grishina E.B., Zolochevskaya L.S. Criminal procedural aspects of the detention of persons suspected of committing a crime: educational and practical guide. – M., 2019. – P. 49
CRIMINAL PROCEDURE
AZARKHIN Alexey Vladimirovich
Ph.D. in Law, associate professor of Theory of law and philosophy, associate professor of Organization of combating economic crimes sub-faculty of the Samara State Economic University
DANILOV Grigoriy Arsenovich
postgraduate student of Organization of combating economic crimes sub-faculty of the Samara State University of Economics
LEGAL RESPONSIBILITY OF A FORENSIC EXPERT: ISSUES OF THEORY AND PRACTICE
The expert’s opinion and testimony are defined as evidence in accordance with Part 2 of Article 74 of the Criminal Procedure Code of the Russian Federation. The importance of this forensic expert’s opinion is indisputable. It is on the expert’s opinion that preliminary investigation bodies and courts often base their conclusions. These circumstances determine the fact that the forensic expert is legally responsible for the quality of the report being drawn up.
Keywords: legal liability, forensic expert, knowingly false expert opinion.
Bibliographic list of articles
1. Criminal Procedure Code of the Russian Federation dated December 18, 2001 No. 174-FZ // Collection of Legislation of the Russian Federation dated December 24, 2001. No. 52 (Part I). Art. 4921.
2. Labor Code of the Russian Federation of December 30, 2001 No. 197-FZ // Collection of Legislation of the Russian Federation of January 7, 2002 No. 1 (Part I). Art. 3.
3. Arbitration Procedural Code of the Russian Federation dated July 24, 2002 No. 95-FZ // Collection of Legislation of the Russian Federation dated July 29, 2002. No. 30. Art. 3012.
4. Civil Code of the Russian Federation (part one) dated November 30, 1994 No. 51-FZ // Collection of legislation of the Russian Federation dated December 5, 1994. No. 32. Art. 3301.
5. Code of the Russian Federation on Administrative Offenses dated December 30, 2001 No. 195-FZ // Collection of Legislation of the Russian Federation dated January 7, 2002. No. 1 (Part I). Art. 1.
6. Criminal Code of the Russian Federation of June 13, 1996 No. 63-FZ // Collection of Legislation of the Russian Federation of June 17, 1996. No. 25. Art. 2954.
7. Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 28, 2022 No. 20 “On some issues of judicial practice in criminal cases of crimes against justice” // SPS ConsultantPlus.
8. Resolution of the Arbitration Court of the Ural District dated February 13, 2023 in case No. A47-10586/2019. [Electronic resource]. – Access mode: www.kadr.arbitr.ru (access date: 03/04/2024).
9. Resolution of the Arbitration Court of the Moscow District dated November 16, 2016 in case No. A41-62457/2015. [Electronic resource]. – Access mode: www.kadr.arbitr.ru (access date: 03/04/2024).
10. Resolution of the Seventeenth Arbitration Court of Appeal dated January 26, 2012 in case No. A60-34104/2010 // SPS ConsultantPlus.
11. Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated May 14, 2019 No. 16-КГ19-3. [Electronic resource]. – Access mode: www.legalacts.ru (access date 03/04/2024).
12. Decision of the Leninsky District Court of the city of Ivanovo dated January 30, 2015 in case No. 2-490/2015. [Electronic resource]. – Access mode: www.sudact.ru (access date 03/04/2024).
13. Resolution of the Fifteenth Arbitration Court of Appeal dated 06/09/2011 in case No. A53-919/2011 // SPS ConsultantPlus.
14. Resolution of the Administrative Court of the East Siberian District dated January 29, 2016 No. F02-7470/15 in case No. A33-9867/2014.
15. Resolution of the Federal Antimonopoly Service of the East Siberian District dated October 25, 2011 in case No. A33-5881/2010.
16. Kurylev S.V. Fundamentals of the theory of evidence in Soviet justice. Minsk: Publishing house Minsk. Univ., 1969. P. 163.
CRIMINAL PROCEDURE
BEREZINA Tatyana Evgenjevna
magister student of the Far Eastern Federal University, Vladivostok
KURYSHEV Andrey Olegovich
magister student of the Far Eastern Federal University, Vladivostok
ADMISSIBILITY OF SUBPOENAS FOR QUESTIONING THROUGH THE USE OF INSTANT MESSENGERS
The article discusses the legality of using communication messengers such as WhatsApp, Telegram to summon participants in criminal proceedings for questioning. Today, the legislation uses general wording about the possibility of summoning for questioning by subpoena “using means of communication,” but the question arises: do instant messengers fall under this concept? The work also analyzes the issue of the moment of receiving a subpoena via messenger.
The article additionally suggests ways to improve criminal procedural legislation with a view to more accurate and specific formulation, as well as due to the need for the legislator to take into account modern realities in investigative practice. A method for introducing a system similar to the electronic military registration system is proposed.
Keywords: summons for interrogation, investigator, messenger, WhatsApp, Telegram, means of communication.
Bibliographic list of articles
1. Brilliantov A.V. On the content of the concept of “official document” // Journal of Russian Law. – 2003. – No. 2.
2. Krysin L.P. Explanatory dictionary of foreign words. – M.: Eksmo Publishing House, 2005. – P. 160.
3. Ozhegov S.I. Dictionary of the Russian language: Ok. 53,000 words / General. ed. prof. L. I. Skvortsova. 24th ed., rev. – M.: LLC “Publishing House “Oniks”; LLC “Publishing House “Peace and Education”, 2007. – P. 121.
4. Ryzhakov A.P. Summoning an individual for questioning at the stage of preliminary investigation. Commentary on Article 188 of the Code of Criminal Procedure of the Russian Federation. – [Electronic resource]. – Access mode: http://www.consultant.ru.
5. Semenov R. B. Criminal legal assessment of document forgery: Dis. …cand. legal Sci. – M., 2005. – 186 p.
6. Criminal law of Russia. Parts General and Special: Textbook / Ed. A. V. Brilliantova. – M.: Prospekt, 2008. – 1344 p.
7. Udovichenko V. S., Shelepov K. A. Admissibility of calling for questioning through instant messaging systems // Eurasian Legal Journal. – 2023. – No. 10 (185). – pp. 248-250.
CRIMINAL PROCEDURE
SAMSONOV Pavel Aleksandrovich
postgraduate student of Criminal process law sub-faculty of the O. E. Kutafin Moscow State Law University (MSLA): Advisor in the Department of Criminal and Administrative Law of the Ministry of Justice of the Russian Federation
REMOTE PRODUCTION OF AN INVESTIGATIVE ACTIONS WITH THE PARTICIPATION OF THE ACCUSED LOCATED OUTSIDE THE RUSSIAN FEDERATION
The article considers the possibility of conducting an investigative action in a remote format with the participation of the accused located outside the Russian Federation. It is noted that the right of the specified person to defend himself by defending his own position in a criminal case is insufficiently ensured by the provisions of the Code of Criminal Procedure of the Russian Federation, which provide for the investigator to send a request for international legal assistance in criminal proceedings. In this regard, the author substantiates the advantages of the remote procedure for the participation of the accused in the investigative action from the premises of the embassy, consulate of the Russian Federation. The vector of development of legal regulation of the specified procedural legal relations is defined.
Keywords: criminal proceedings, the accused, remote participation, video conferencing, the right to defense, international legal cooperation in a criminal case.
Bibliographic list of articles
1. Antonovich E. K. Legal assistance in criminal cases in a digital society // Current problems of Russian law. – 2021. – No. 11 (132). – pp. 167-173.
2. Volevodz A.G. On the admissibility of interrogations of foreign citizens on the territories of foreign missions of Russia // Criminologist Library. Science Magazine. – 2014. – No. 2. – P. 358-375.
3. High-tech criminal process / D. V. Bakhteev, A. I. Zazulin, S. V. Zuev [and others]. – M.: Publishing house “Yurlitinform”, 2023. – 216 p.
4. Golovko L.V. International legal assistance in criminal matters vs digitalization of criminal proceedings: are the concepts compatible in the context of the latest US legislation? // State and law (Armenia). – 2021. – No. 2 (90). – pp. 23-34.
5. Esina A. S., Zhamkova O. E. International orders of the investigator: problematic issues of direction and execution of orders // Bulletin of Economic Security. – 2019. – No. 2. – P. 122-124.
6. Klevtsov K. K. Interrogation during the investigation of criminal cases initiated against persons located outside the territory of the Russian Federation: criminal procedural and international legal aspects // Gaps in Russian legislation. – 2016. – No. 2. – P. 165-170.
7. Course in criminal procedure / Ed. Doctor of Law, Prof. L. V. Golovko. – 3rd ed., rev. and additional – M.: Statute, 2021. – 1328 p.
8. Malysheva O. A. Procedural guarantees of the rights of participants in investigative actions carried out using a video conferencing system // Lex Russica. – 2022. – No. 6 (187). – pp. 74-84.
9. Mironova A.V. On the need to develop cooperation between the Russian Federation and foreign states in providing legal assistance in criminal proceedings // Bulletin of Economic Security. – 2016. – No. 1. – P. 168-172.
10. Criminal procedural law of the Russian Federation: textbook. – 2nd ed., revised. and additional / L. N. Bashkatov [etc.]; resp. ed. I. L. Petrukhin. – M.: TK Welby, Iz-vo Prospekt, 2006. – 664 p.
11. Feoktistova E. E. International cooperation of preliminary investigation authorities in criminal cases: proceduralLegal and forensic aspects: abstract. dis. …cand. legal Sci. – M., 2007. – 27 p.
12. Chaplygina V. N. Problems of remote interrogation in pre-trial proceedings in Russia // Science and practice. – 2015. – No. 3(64). – pp. 128-130.
13. Shkhagapsoev Z. L., Kanunnikova G. G. Current state of international cooperation in the field of criminal proceedings // Gaps in Russian legislation. – 2019. – No. 5. – P. 92-93.
CRIMINAL PROCEDURE
SOLOGUB Valeriya Alexeevna
postgraduate student of the F. M. Dostoevsky Omsk State University
CURRENT PROBLEMS OF LEGISLATION AND PRACTICE OF APPLYING COMPULSORY MEDICAL MEASURES
The article discusses the problem of applying compulsory medical measures in the context of modern legislation of the Russian Federation. Particular attention is drawn to the lack of a clear legislative definition of CMM, which leads to discrepancies and uncertainty in their application. The reasons for using CMM, theoretical aspects and practical problems in this area are considered. Attention is drawn to the articles of the authors that raise practical problems, and in addition, a solution to the problems posed is proposed, in particular, it is proposed to make changes that determine the location of the person before the issue of a judicial act on compulsory treatment, in order to ensure legal and ethical regulation of this process.
Keywords: use of compulsory medical measures (CMM), hospitalization, mental disorders, medical institutions, person with mental disorders.
Bibliographic list of articles
1. Dzheleeva U.Z., Ashalova Kh.Sh., Magomedova A.I. Some issues of the application of compulsory medical measures // Theory and practice of modern science. – 2021. – No. 1 (67). – P. 117.
2. Stepashin V. M. Compulsory measures of a medical nature: a textbook. – Omsk: Omsk State Publishing House. University, 2018. – P. 68.
3. Podushko D. A., Tsepelev V. F. Current issues in the use of compulsory measures of a medical nature // International Journal of Humanities and Natural Sciences. – 2022. – No. 12-1. – P. 231.
CRIMINAL PRINCIPAL LAW
STUPINA Svetlana Alexandrovna
Ph.D. in Law, associate professor, associate professor of Forensic science sub-faculty of the Siberian Fire and Rescue Academy of the EMERCOM of Russia, Zheleznogorsk
POSTNIKOV Mikhail Mikhaylovich
student of the 6th course of the Faculty of Distance learning, specialty “Fire safety” of the Siberian Fire and Rescue Academy of the EMERCOM of Russia, Zheleznogorsk
PREVENTION OF THE COMMISSION OF NEW CRIMES BY PERSONS CONVICTED OF EXTREMIST CRIMES
The article discusses issues related to the prevention and prevention of extremist crimes committed by persons with a criminal record for such attacks. Based on the fact that, due to stable mental views, such persons continue to recruit and improve ways to implement criminal intentions, which negates all efforts to achieve the goals of punishment, the authors propose a number of preventive measures to counter the spread of extremist ideology in institutions of the penal system. The individual personal characteristics of convicts serving sentences for extremist crimes have been studied, which should be taken into account when developing preventive measures.
Keywords: extremist crimes, punishment, convicts, prevention, prevention.
Bibliographic list of articles
1. Stupina S. A. Current state of extremism, terrorism and violent crime in the Siberian Federal District // Criminological realities and prospects of the 21st century: Materials of the Baikal Legal Forum, Irkutsk, September 21-22, 2017. Irkutsk, 2017. pp. 86-94.
2. Sereda I. M., Stupina S. A. Crimes of an extremist nature: figures, realities and legal regulation // Problems of modern legislation in Russia and foreign countries: Materials of the X International Scientific-Practical Conference / Rep. editors A. M. Bychkova, N. V. Keshikova. Volume 1. Irkutsk, 2021. pp. 204-209.
3. Teokharov A.K. On the goals and purpose of penal legislation // Current problems of Russian law. 2016. No. 9 (70). pp. 151-158.
4. Sysoev A. M. Comparative analysis of goal-setting of criminal and penal legislation of the Russian Federation and countries formed in the post-Soviet space // Bulletin of the Mogilev Institute of the Ministry of Internal Affairs. 2020. No. 2. P. 35-40.
5. Antonyan E. A. Features of penal policy in modern society // Bulletin of the University named after. O. E. Kutafina. 2017. No. 7. P. 50-54.
6. GrushinF. V. System of factors determining the development of penal policy and penal legislation: abstract of thesis. dis. … doc. legal Sci. Ekaterinburg, 2019. 44 p.
7. Criminal policy of the Russian Federation: problems and prospects: monograph / S. V. Maksimov, V. L. Shultz, L. B. Alekseeva; ed.: S. V. Maksimov [etc.]; Center for Security Research of the Russian Academy of Sciences. M.: Prospekt, 2021. 824 pp.
8. Kazberov P.N., Spasennikov B.A., Tyunkov V.V. Personality features of those convicted of crimes of a terrorist and extremist nature // All-Russian Criminological Journal. 2019. No. 6. T. 13. P. 921-931.
9. Skobeleva O. O., Eremeeva E. Yu. Basic forms of educational work with persons convicted of crimes of a terrorist nature and extremist nature // Bulletin of the Samara Legal Institute. 2019. No. 5 (36). pp. 139-143.
10. Grishko A. Ya. Features of the execution of punishment in the form of imprisonment in relation to those convicted of extremist crimes // Bulletin of the Kuzbass Institute. 2020. No. 1(42). pp. 29-33.
11. Bukalerova L. A., Kolpakova L. A. Implementation of the goals of criminal punishment in relation to those sentenced to imprisonment for extremism // Penitentiary science. 2023. T. 17. No. 2 (62). pp. 144-152.
12. Foucault M. Supervise and punish. The birth of a prison. M., 1975. 226 pp.
CRIMINAL PRINCIPAL LAW
USTINOV Andrey Nikolaevich
Chief Consultant of the Department for the Protection of Human Rights and Freedoms in Criminal Proceedings and in Places of Forced Detention of the Commissioner for Human Rights in the Irkutsk Region
YAKIMOVA Ekaterina Mikhaylovna
Ph.D. in Law, associate professor, Head of Constitutional and administrative law sub-faculty of the Baikal State University, Irkutsk
PROBLEMS OF ORGANIZATION OF EXAMINATION AND RE-EXAMINATION OF DISABLED CONVICTS IN CORRECTIONAL INSTITUTIONS
The problems of organizing the examination and re-examination of disabled convicts in correctional institutions are a manifestation of the issue of the high-quality implementation by the state of functions for the social protection of disabled people. Using the example of the organization of these procedures, a large range of inconsistencies in the norms of Russian legislation in this area was identified. The imperfection of legislation causes problems in law enforcement practice and causes improper social protection of convicts with disabilities. It was concluded that it is necessary to unify the main by-laws in the analyzed area, bringing departmental orders in line with the basic decree of the Government of the Russian Federation.
Keywords: disabled person, social protection, sad person, medical and sanitary examination, serving a sentence.
Biographical list
1. Sergevnin V. A., Avdeev V. A., Avdeeva O. A. Harmonization of the criminal legal policy of Russia in the sphere of assignment and execution of punishment // Criminological Journal of the Baikal State University of Economics and Law. – 2015. – T. 9. No. 1. – P. 78-93. – DOI: 10.17150/1996-7756.2015.9(1).78-93.
2. Skuratov Yu. I., Churilov S. N., Grudinin N. S. State policy in the field of amnesty and pardon in the Russian Federation: trends and contradictions // Criminological Journal of the Baikal State University of Economics and Law. – 2015. – T. 9. No. 1. – P. 20-27. – DOI 10.17150/1996-7756.2015.9(1).20-27.
3. Sedykh O. G., Kovtun L. R. Problems of creating a barrier-free environment for people with disabilities // Baikal Research Journal. – 2015. – T. 6. No. 4. – P. 23. – DOI 10.17150/2411-6262.2015.6(4).23.
CRIMINALISTICS
ARKHIPOVA Anastasiya Nikolaevna
Deputy Director for Academic Affairs of the Institute of Economics, Management and Law of Irkutsk National Research Technical University
TURKOVA Valentina Nikolaevna
Deputy Director for Educational Work of the Institute of Economics, Management and Law of Irkutsk National Research Technical University
ON THE POSSIBILITY OF TAKING INTO ACCOUNT THE CHARACTERISTICS OF THE VOICE OF THE SUSPECT (ACCUSED) IN THE PROCESS OF HIS IDENTIFICATION
The authors analyze the possibilities of using the features of the voice of the suspect (accused) in the process of his identification by victims. Positive examples from investigative and judicial practice are given. The possibilities of linguistic and forensic psychological examinations for assessing the reliability of identification results are noted. The effectiveness of the creative work of investigators, involving various specialists to expose criminals, is shown.
Keywords: human identification, voice characteristics, information perception, linguistics, forensic psychological examination.
Bibliographic list of articles
1. Ginzburg A. Ya. Identification in investigative, operational-search and expert practice.” – M., 1996. – P. 18-19.
2. Enikeev M.I., Obraztsov V.A., Eminov V.E. Investigative actions: psychology, tactics, technology. – M., 2007. – P. 172-175.
3. Litvak A. G. Psychology of the blind and visually impaired. – St. Petersburg, 2006. – P. 210.
4. Kitaev N.N., Kitaeva V.N. On the role of touch in the presentation of objects for identification // Russian investigator. – 2009. – No. 21. – P. 6-8.
5. Kuzko A.V. The voice testifies! // Preliminary investigation. Vol. 1 (23). – M., 2014. – pp. 62-66.
6. Bulletin of the Prosecutor’s Office of the RSFSR. – 1989. – No. 4. – P. 14-19.
7. Kitaev N. N. Questions of theory and practice of exposing persons who committed premeditated murder: Dis. …cand. legal Sci. – Irkutsk, 1993. – P. 161.
8. Kitaev N. N., Kitaeva V. N. Expert psychological research in criminal proceedings: problems, practice, prospects. – Irkutsk, 2002. – P. 156.
9. Rodina E. Yu. Tactics of procedural actions with the participation of minors: Author’s abstract. dis. …cand. legal Sci. – St. Petersburg, 2024. – pp. 16-17.
10. Kholopova E. N. Evidentiary value of forensic psychological examination of minor victims in criminal cases // Actual problems of law: scientific. – method. Sat. – Kaliningrad, 2004. – No. 14. Part 2. – P. 60-65.
11. Kitaev N. N., Zabelin A. A. Use of psychological data in the investigation of aircraft hijacking // Legality. – 1996. – No. 8. – P. 16-18.
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
STUPINA Svetlana Alexandrovna
Ph.D. in Law, associate professor, associate professor of Forensic science sub-faculty of the Sibe-rian Fire and Rescue Academy of the EMERCOM of Russia, Zheleznogorsk
CRIMINALISTIC CHARACTERISTICS OF ILLEGAL ARMS TRAFFICKING FROM THE PERSPECTIVE OF CRIMINALISTIC PROVISION OF COMPENSATION TO THE VICTIM OF HARM CAUSED BY A SOURCE OF INCREASED DANGER
The article deals with issues related to the information model, a system of generalized typical factual data, knowledge of which is necessary for the organization of disclosure and investigation of crimes related to illegal arms trafficking, on the correct solution of which the comprehensive and complete protection of the rights of the victim depends, taking into account the fact that weapons at the legislative level are given the status of a source of increased dan-ger. The components of the criminalistic characteristics of illegal arms trafficking, additional to the traditional structure, are proposed. The study is based on a comprehensive analysis of industry legislation, taking into account modern law enforcement practice.
Keywords: forensic characteristics, forensic support, illegal arms trafficking, victim, compensation for harm, source of increased danger.
Bibliographic list of articles
1. Stupina S. A., Yusupova O. A. Some issues of police officers’ responsibility for causing harm as a result of the use of firearms // Bulletin of the Siberian Legal Institute of the Ministry of Internal Affairs of Russia. – 2017. – No. 4 (29). – pp. 45-54.
2. Belyavsky V. S. On the issue of forensic features of the implementation of interim measures to compensate for damage caused by a crime // Scientific research of higher education: a collection of abstracts of reports and communications at the final scientific and practical conference, Tyumen, February 08, 2011. – Tyumen: Tyumen Institute for Advanced Training of Employees of the Ministry of Internal Affairs of the Russian Federation, 2011. – P. 87-88.
3. Belyavsky V.S. On the concept of forensic support for compensation for damage caused by a crime // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2013. – No. 10. – P. 157-160.
4. The state of crime in the Russian Federation // Ministry of Internal Affairs of the Russian Federation: Ministry of Internal Affairs of the Russian Federation: FKU “Main Information and Analytical Center”. – [Electronic resource]. – Access mode: https://mvd.rf/folder/101762 (access date: 03/01/2024).
5. Stupina S. A. Illicit arms trafficking: figures and realities // Eurasian Legal Journal. – 2021. – No. 6 (157). – pp. 396-398.
6. Dolgushina L.V., Stupina S.A. Some features of the current state and dynamics of crime against the backdrop of a pandemic // Eurasian Legal Journal. – 2021. – No. 3 (154). – pp. 333-334.
7. Maremukov R. B. The mechanism of trace formation as an element of forensic characteristicsiki crimes related to illegal trafficking in weapons, ammunition, explosives and explosive devices // Advances in modern science and education. – 2017. – No. 8. – P. 181-184.
CRIMINALISTICS
KRYMOV Vitaliy Alexandrovich
Ph.D. in Law, leading researcher of SIC of the Academy of Management of the MIA of Russia, Moscow
KUSTOV Anatoliy Mikhaylovich
Ph.D. in Law, professor, Chief Researcher of SIC of the Academy of Management of the MIA of Russia, Moscow, Honored lawyer of the Russian Federation
SELYUZHITSKAYA Gulnara Mansurovna
Ph.D. in Law, cycle lecturer of the Center for Professional Training of the MIA of Russia in the Moscow region, Vidnoye-2
ON THE ISSUE OF THE CONTENT OF THE METHODOLOGY FOR INVESTIGATING FRAUDS COMMITTED AGAINST THE ELDERLY
The issues related to the internal content of a private forensic methodology for investigating frauds committed against the elderly are considered, the presence of a set of factors (determinants) determining the content of the developed methodology is revealed, and it is also proven that the degree of significance of these determinants is determined by the current investigative situation.
Keywords: fraud, elderly person, factor, forensic methodology, the content of the methodology.
Bibliographic list of articles
1. Yakimov I. N. Transcript of lectures given at the Faculty of Law of Moscow State University in 1949 // Archive of the Department of Criminalistics of the Faculty of Law of Moscow State University. M. V. Lomonosov. – Moscow, 1949. – 147 p.
2. Forensics: a textbook for universities / T. V. Averyanova, R. S. Belkin, Yu. G. Korukhov, E. R. Rossinskaya; edited by R. S. Belkina. – Moscow: NORMA-INFRA, 1999. – 990 pp.
3. Belkin R. S. Forensics: problems, trends, prospects. From theory to practice. – Moscow: Legal literature, 1988. – 304 p.
4. Kustov A. M., Levchenko O. P. Investigation of murders: forensic theory and practice. – Moscow: Prospekt, 2020. – 240 pp.
5. Volynkin E. N. About some measures to solve crimes committed in past years // Bulletin of the Ufa Legal Institute of the Ministry of Internal Affairs of Russia. – 2019. – No. 4 (86). – pp. 154-159.
6. Ishchenko E. P. On the problem of the quality of preliminary investigation of crimes // Bulletin of the University named after O. E. Kutafin. – 2017. – No. 5. – P. 120-134.
7. Tebiev R. R. Methodology for investigating cruelty to animals: dis. …cand. legal Sciences: 12.00.12. – Moscow, 2022. – 218 p.
8. Kryuchatov I. A. Forensic versions at the initial stage of the investigation // Forensic science and forensic examination: rep. interdepartmental Sat. scientific and scientific method. works – Kyiv, 1971. – P. 15-19.
9. Nugaeva E. D. Features of the investigation of fraud in the provision of occult services: dis. …cand. legal Sciences: 12.00.12. – Rostov-on-Don, 2018. – 269 p.
10. Selyuzhitskaya G. M. Methodology for investigating fraud committed against elderly people: dis. …cand. legal Sciences: 5.1.4. – Moscow, 2023. – 239 p.
CRIMINALISTICS
LONSCHAKOVA Angella Rasitovna
Ph.D. in Law, associate professor of the Academy of Management of the MIA of Russia, Moscow
SEPARATE PROBLEMS OF CRIMINALISTIC PROVISION OF CRIME PREVENTION
The article substantiates the opinion that the main problems of criminalistic crime prevention are in the plane of methodological problems of criminalistic science:
– in substantiating its subject, the role of the subject of criminology in the formation of forensic theories and teachings;
– in the system of currently formed private forensic theories, theories of operational investigative activities, criminological theories, theories of forensic examination and their interrelation;
– in the integration and differentiation of scientific knowledge from related scientific branches of knowledge into forensic science for the purpose of crime prevention.
Criminalistic provision of crime prevention is possible, to a large extent, based on the identification and resolution of methodological problems of its theory.
Unresolved methodological criminalistic problems often give rise to unconstructive scientific and public disputes among crime theorists and practitioners about criminalistic methods, tools, and competencies, which inevitably destabilizes practical activities in the field of protecting individuals, society, and the state from criminal encroachments. While scientists are discussing the subjects of their sciences (the criminal cycle), the criminal world confidently, freely, organized, professionally functions, often with impunity, without fear of exposure and punishment, muffling its call of conscience, having astronomical profits from criminal activities, shedding the blood of peaceful citizens. The tragic events that took place on March 22, 2024 in Russia, which claim dozens of human lives, aim society at an uncompromising revision of the conceptual understanding and available tools in the field of crime prevention.
According to the results of our research, the crime prevention institution needs to be radically reformed. Effective mechanisms of this activity (prevention and prevention of crimes), developed and tested in the period of the 60s – 90s of the XX century, in the structure of operational investigative, forensic, criminal procedural, administrative procedural activities, have undergone significant changes.
Keywords: forensic prevention, methodological problems, effective forensic tools, forensic support, unity of theory and practice, crime prevention, public safety, saving the people of Russia.
Bibliographic list of articles
1. Averyanova T.V. Forensic examination. General theory course. M.: Norma, 2009. 480 pp.
2. Aliev I. A. Problems of expert prevention. Baku, 1991. 311 p.
3. Belkin R. S. Forensic encyclopedia. M.: BEK Publishing House, 1997. 342 pp.
4. Burdanova V. S., Bykov V. M. Victimological aspects of criminology: textbook. Tashkent, 1981. 79 p.
5. Gavrilin Yu. V. Investigation of crimes encroaching on information security in the gray economy: theoretical, organizational, tactical and methodological foundations: dis. … Doctor of Law. M., 2009. 404 pp.
6. Ivanov I.I. Forensic prevention (comprehensive study of genesis, condition, prospects): dis. … Doctor of Law. M., 2004. 418 pp.
7. Kanevsky L. L., Luzgin I. M., Minkovsky G. M. Organization and methods of investigating cases of juvenile crimes: a textbook. M., 1982. 68 p.
8. Kustov A. M. Forensics and the mechanism of crime. A series of lectures (Recommended by the Editorial and Publishing Council of the Russian Academy of Education for use as a teaching aid). M.: Publishing house of the Moscow Psychological and Social Institute; Voronezh: Publishing house NPO “MODEK”. 2002. 304 p.
9. Ozhegov S.I., Shvedova N.Yu. Explanatory dictionary of the Russian language. M.: “AZ”, 1995. P. 572.
10. Rossinskaya E. R., Galyashina E. I., Zinin A. M. Theory of forensic examination: textbook / Ed. E. R. Rossinskaya. M.: Norma: Infra-M, 2011. 384 pp.
11. Lavrov V.P., Luzgin I.M. Method of concealing a crime and its forensic significance. M., 1980.
12. Lonshchakova A. R., Kharisova Z. I. Computer program “Software and analytical complex “Cybercrime”. Certificate of registration of a computer program No. 2020661720 dated September 30, 2020.
13. Lonshchakova A. R., Lonshchakov A. A. Computer program “AUTOPROTOCOL”. Certificate of registration of a computer program No. 2024614431 dated February 26, 2024.
14. Makhtaev M. Sh. Yablokov N. P. Forensic prevention: history of formation, modern problems: monograph. M., 2016. 288 pp.
15. Fridman I. Ya. Forensic examination and issues of preventing certain types of crimes: dis. … Doctor of Law. Sci. M., 1973. 408 p.
CRIMINALISTICS
MALTSEVA Svetlana Nikolaevna
Head of Criminal Law and humanitarian disciplines sub-faculty of the Branch of the S. Yu. Witte Moscow University in Ryazan
SULEYMANOV Talyat Alievich
associate professor of Criminal process and criminalistics sub-faculty of the Academy of the FPS of Russia, Ryazan, associate professor of Criminal Law and humanitarian disciplines sub-faculty of the Branch of the S. Yu. Witte Moscow University in Ryazan
THE INITIAL STAGE OF THE INVESTIGATION OF FRAUD IN THE FIELD OF IT TECHNOLOGIES
One of the features of the investigation of fraud using computer information is that typical traces of a crime should be searched for in computer devices and on the Internet, these traces are virtual in nature, their detection, seizure and subsequent research involves the involvement of a computer information specialist in the investigation of a criminal case. In this category of cases, a computer-technical examination (CTE) is mandatory to detect traces of a crime. The results of the examination form the basis of the evidence base for this category of cases. At the same time, the information security measures taken are not able to prevent fraud in the field of computer information.
Keywords: fraud in the field of computer information, investigation of a criminal case, computer-technical expertise (CTE), the initial stage of the investigation, the production of investigative actions.
Bibliographic list of articles
1. Kolominov V.V. Fraud in the field of computer informationrations: forensic aspect // Baikal Research Journal. – 2015. – No. 6 (1). – P. 26.
2. Zhizhina M.V., Zavyalova D.V. Initiation of a criminal case based on a crime in the field of computer information: Russian and foreign experience // Current problems of Russian law. – 2021. – T. 16. No. 12. – P. 162.
3. Egereva O. A., Kolominov V. V., Sizova M. S. Some questions of methods for investigating cybercrimes. Siberian criminal procedural and forensic readings. – 2018. – No. 4 (22). – P. 25.
4. Smolina A. R. Methodological and algorithmic support for the production of computer and technical expertise. dis. …Ph.D. – Tomsk, 2017. – P. 17.
5. Levchenko E. M., Korneva A. A. Computer and technical expertise: subject, object and tasks // Bulletin of Science. – 2023. – No. 3 (5 (62)). – P. 406.
6. Puptseva A.V., Kurin A.A. Methodology for investigating fraud: a textbook. – Volgograd: VA Ministry of Internal Affairs of Russia, 2022. – P. 35.
CRIMINALISTICS
PONOMAREV Vitaliy Evgenjevich
senior lecturer of Criminalistics and legal informatics sub-faculty of the Faculty of Law of the A. A. Khmyrov Kuban State University, Krasnodar
SOURCES OF ELECTRONIC (DIGITAL) INFORMATION
The article discusses the advantages of an electronic storage medium, approaches to its measurement, as well as the disadvantages of points of view and provision of electronic evidence. Smartphones and computers are considered as complex electronic storage media, as well as Internet sites that contain electronic information, but do not consider the electronic storage media. A new source of electronic (digital) information is proposed.
Keywords: electronic evidence, electronic storage medium, information, identifying evidence, securing evidence, Internet, smartphone, computer, electronic source of information, digital source of information.
Bibliographic list of articles
1. Sokolov Yu. N. Information technologies and circulation of digital data in forensic science: questions of theory and practice: dis. … doc. legal Sciences: 5.1.4. – Ekaterinburg, 2023.
2. Gavrilin Yu. V. Electronic media in criminal proceedings // Proceedings of the Academy of Management of the Ministry of Internal Affairs of Russia. – 2017. – No. 4 (44).
3. Digital forensics: a textbook for universities / V. B. Vekhov [et al.]; edited by V. B. Vekhov, S. V. Zuev. – 2nd ed., revised. and additional – Moscow: Yurayt Publishing House, 2024.
4. Vekhov V. B. Electronic evidence: problems of theory and practice // Legal order: history, theory, practice. – 2016. – No. 4 (11).
5. Vasyukov V.F., Kolycheva A.N. Inspection and fixation of pages of an Internet site on the Internet // Bulletin of Economic Security. – 2019. – No. 1.
6. Ozhegov S.I. Explanatory dictionary of the Russian language. – M.: Peace and Education, Onyx, 2011.
7. Belkin A. R. Theory of evidence in criminal proceedings in 2 hours. Part 1: textbook for universities. — 2nd ed., rev. and additional – Moscow: Yurayt Publishing House, 2024.
8. Fatkullin F. N. General problems of procedural proof. 2nd add. ed., – Kazan: Kazan University Publishing House, 1976.
9. Rossinskaya E. R. On the issue of the private theory of information and computer support for forensic activities // News of Tula State University. – Economic and legal sciences. – 2016. – No. 3-2.
CRIMINALISTICS
SVETLICHNY Alexander Alexeevich
Ph.D. in Law, associate professor, Head of Forensic examination and customs affairs sub-faculty of the Tula State University
DETERMINISTIC FOUNDATIONS OF THE FORMATION OF A UNIFIED INTERSCIENTIFIC TERMINOLOGICAL SPACE OF CRIMINAL LAW SCIENCES
Terminology issues have always aroused increased interest among researchers, many scientists traditionally give them a special place in their scientific works, since the issues of the language of science are fundamental, determining the degree of development of its methodology, and reflect important development trends. The development of the conceptual apparatus of science always takes place in parallel with its general formation. It is by the degree of formation of the terminological apparatus that one can judge the level and further prospects of the development of science in general. In this work, the author attempts to study the deterministic foundations of the formation of a unified interscientific terminological space of criminal law sciences.
The author believes that using the tools of determinism as a philosophical doctrine of universal certainty, conditionality, and mutual connectivity of all phenomena and processes in the world allows us to visually show many processes that explain the patterns of formation of the basic interscientific terminology of criminal law scienceces. In particular, applying the concepts developed by determinism, some issues of the development and formation of interconnection and interdependence of terminology of individual criminal law sciences with a single goal – combating crime are considered.
When writing the article, the fundamental principles of materialistic dialectics were used, as well as general and particular methods of scientific cognition, including historical and comparative legal, logical and philosophical, generalizations, descriptions and others.
The scientific and practical significance of this work is determined by the provisions and conclusions formulated in it regarding the role and significance of determinism in the formation of a unified inter-scientific terminological space of criminal law sciences.
Keywords: terminology, determinism, criminology, criminal law sciences, terminological apparatus, methodology of science, unification of terms, language of science.
Bibliographic list of articles
1. Permyakov A. L. Determinism in criminology, mechanism as one of the common forms of determinism // Bulletin of the Ural Law Institute of the Ministry of Internal Affairs of Russia. 2021. No. 4. P. 77-80.
2. Zhigarev E. S., Petukhov V. I. Philosophy of criminology. M., 2006.
3. Pimanov A. S. Determinism and the problem of the relevance of the future // News of Saratov University. New episode. Series: Philosophy. Psychology. Pedagogy. 2022. T. 22. Issue. 3. pp. 267-271.
4. Wheatherford R. The implications of determinism. New York: Routledge library editions: Free will and determinism. 2017. Vol. 8.288 p.
5. Derkach V.V. The role of the principle of determinism in the knowledge of modern social processes // Bulletin of USPTU. Science, education, economics. Series: Economics. 2016. No. 2. P. 155-158.
6. Ploug T., Ohrstrom P. Branching time, indeterminism and tense logic // Synthese. Dordrecht: Springer, 2012. P. 367-379.
7. Bunge Mario. Causality: the place of the principle of causality in modern science / Mario Bunge; lane from English; total ed. and closing Art. G. S. Vasetsky. – 2nd ed. M.: Editorial URSS, 2010. 512 p.
8. Rovnova S. A. The principle of social determinism in domestic philosophy // News of Saratov University. New episode. Series Sociology. Political science. 2008. T. 8. P. 7-10.
9. Popper K. Logic of scientific research / K. Popper; lane from English; under general ed. V. N. Sadovsky. M.: Republic, 2005. 447 pp.
10. Trubitsin D.V. Cultural determinism in the concept of modernization: philosophical and methodological analysis // Questions of Philosophy. 2009. No. 8. P. 30-85.
11. Ivanov V. G., Lezgina M. L. Determination of scientific search. L.: Nauka, 1978. 205 pp.
12. Poincaré A. About science. Per. from French/Ed. L. S. Pontryagina. – 2nd ed., erased. M.: Science. Ch. ed., Phys.-Math. lit., 1990. 736 pp.
13. Balabanov P. I., Kokhanova O. V. Sociocultural determinism in knowledge // Bulletin of the Kemerovo State University of Culture and Arts. 2014. No. 29. pp. 89-93.
14. Karpenko A. S. Fatalism and chance of the future: Logical analysis. M.: LENAND, 2019. 216 pp.
15. Pimanov A. S. Determinism and the problem of the relevance of the future // News of Saratov University. New episode. Series: Philosophy. Psychology. Pedagogy. 2022. T. 22. Issue. 3.
16. Golbach P. System of nature // Golbach P. Izbr. Op.: in 2 volumes. T. 1. M.: Mysl, 1963.
17. Svetlichny A. A. Modern integration processes of the terminological apparatus of criminal law sciences // News of Tula State University. Economic and legal sciences. 2022. No. 1. P. 102-113.
18. Svetlichny A. A. Genesis and some modern trends in the formation of the terminological apparatus of criminology // Bulletin of the Belgorod Legal Institute of the Ministry of Internal Affairs of Russia named after I. D. Putilin. 2023. No. 2 (53). pp. 69-74.
19. Svetlichny A. A. Some problems of correlation and unification of terms of criminal procedure and criminology as components of a single terminological field // News of Tula State University. Economic and legal sciences. 2021. No. 3. P. 98-105.
20. Panarina D.V., Svetlichny A.A. Modern directions in the development of terminology in forensic expertology: Scientific and methodological manual. Tula: Tula State University Publishing House, 2023. 157 pp.
21. Tsereteli T.V. Causality in criminal law. M., 1963. 382 pp.
22. Zhalinsky A. E. Criminal law in anticipation of change: theoretical and instrumental analysis. 2nd ed., revised. and additional M., 2016.
23. Svetlichny A. A. Formation, current state and some trends in the development of the terminological apparatus of criminology // Collection of articles based on the materials of the International scientific and practical conference “Current issues of law enforcement”, dedicated to the memory of the prosecutor of the Kazakh SSR Utegen Seitovich Seitov / Kosshy: Academy of Law Enforcement Agencies at the General Prosecutor’s Office of the Republic of Kazakhstan. 2022. pp. 92-98.
24. Pudovochkin Yu. E., Babaev M. M. Modern rule-making as the basis for the formation of a new theory of criminalization // Lex russica. 2023. T. 76. No. 1. P. 110-125.
25. Svetlichny A. A. Integration of terminological models of related disciplines of the criminal law block into a single terminological system // Business. Education. Right. 2022. No. 2 (59). pp. 146-150.
26. Svetlichny A. A. Patterns of formation and development of domestic legal terminology // In the collection: Improving legislative and law enforcement practice in the field of criminal law sciences in modern conditions: debatable issues. International scientific and practical conference. 2022. pp. 342-350.
27. Svetlichny A. A. The place and role of the terminology of the theory of operational investigative activity in the system of the terminological apparatus of the process of investigation and detection of crimes // Bulletin of the East Siberian Institute of the Ministry of Internal Affairs of Russia. 2022. No. 4 (103). pp. 247-258.
CRIMINALISTICS
KHASNUTDINOV Renat Rafailjevich
Ph.D. in Law, associate professor, associate professor of Organization of combat sub-faculty of the Samara State University of Economics
MESHCHERYAKOVA Tatyana Viktorovna
senior lecturer of State and legal disciplines sub-faculty of the Samara Law Institute of the FPS of Russia
KULESHOV Nikita Sergeevich
postgraduate student of the 1st course of the Samara State University of Economics
ON THE ISSUE OF THE SPECIFICS OF THE PRODUCTION OF VERBAL INVESTIGATIVE ACTIONS IN THE INVESTIGATION OF MEDIATION IN BRIBERY
The article analyzes the provisions of the domestic regulatory framework and legal doctrine on the specifics of the production of verbal investigative actions in the investigation of crimes. The opinions and approaches of the authors are studied, the problems of theoretical and applied nature on the stated topic are identified, the author’s methods and methods of their resolution in the foreseeable future are presented.
Keywords: investigative actions, criminal proceedings, forensic tactics, methods of investigating crimes, interrogation, confrontation.
Bibliographic list of articles
1. Rossinsky S. B. Conceptual foundations for the formation of the results of “verbal” investigative and judicial actions in proving a criminal case: abstract. dis. … doc. legal Sciences: 12.00.09. – M., 2015. – P. 23.
2. Ignatiev M. E. Forensic theory and practice of establishing cause-and-effect relationships in the investigation of crimes: abstract. dis. … doc. legal Sciences: 12.00.12. – Rostov-on-Don, 2021. – P. 26.
3. Aksenova L. Yu. Tactical and psychological aspects of interrogation // Psychopedagogy in law enforcement agencies. – 2019. – No. 1 (76). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/takticheskie-i-psihologicheskie-aspekty-doprosa (date of access: 03.14.2024).
4. Popov A. A. Obtaining explanations and testimony in criminal proceedings of the Russian Federation: results of a comparative study of pre-trial proceedings: abstract. dis. …cand. legal Sciences: 12.00.08. – M., 2015. – P. 30.
5. Zhuravkov I. A. Theory and practice of using tactical techniques when conducting verbal investigative actions // Modern science. – 2019. – No. 3. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/teoriya-i-praktika-primeneniya-takticheskih-priemov-pri-provedenii-verbalnyh-sledstvennyh-deystviy (date of access: 03/14/2024).
6. Belokobylskaya O. I. Specifics of the production of individual investigative actions in the investigation of bribery // Tauride Scientific Observer. – 2015. – No. 2-3. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/spetsifika-proizvodstva-otdelnyh-sledstvennyh-deystviy-pri-rassledovanii-vzyatochnichestva (date of access: 03.14.2024).
CRIMINALISTICS
USHCHEKIN Stanislav Nikolaevich
adjunct of the 3rd Faculty (Training of Scientific and Scientific-Pedagogical Personnel) of the Academy of Management of the MIA of Russia
TYPOLOGY OF PERSONALITY OF VICTIMS OF THEFT COMMITTED USING ELECTRONIC MEANS OF PAYMENT
The article examines the features of victim behavior of victims of thefts committed using electronic means of payment. Taking into account the analysis of law enforcement practice, connections were identified between the victim of the crimes in question and the identity of the criminal (family, household, work connections, professional crime), which made it possible to propose a typology of victims of thefts committed using electronic means of payment.
Keywords: theft,electronic means of payment, crime victim, victim.
Bibliographic list of articles
1. Leletova M.V. Prevention of victimization // Investigator. – 2007. – No. 4. – P. 42-45.
2. The Criminal and his Victim. Studies in the Sociobiology of Crime: By Hans von Hentig. – New Haven: Yale University Press, 1948. – 461 p.
3. Yesayan A.K., Truntsevsky Yu.V. Victimology: corrige praetertum, praesens rege, cerne futurum. – M.: Moscow Humanitarian University, 2021. – 264 p.
CRIMINALISTICS
KAMALOV Maxim Rustemovich
adjunct of the 3rd course of the correspondence courses of the V. Ya. Kikot Moscow University of the MIA of Russia
IDENTIFICATION OF PERSONS WHO COMMITTED THEFTS AT RETAIL ENTERPRISES
Forensics is one of the disciplines of criminal law sciences. Knowledge of criminology is an essential part of the professional training of future law enforcement officers, since when investigating crimes in a criminal case, the person investigating the crime seeks to streamline their activities in a certain way, including through knowledge and use of the patterns of and analysis of the consequences of illegal acts. crimes. It is necessary for everyone, without exception, to know the basics of criminology: in the work of bodies carrying out operational investigative activities, various electronic devices, video and audio equipment and other special devices are also often used, without which it may be impossible to obtain data allowing to initiate a criminal case. One of the main tasks of criminology is the development and improvement of crime investigation techniques. Traditionally, the structure of a private crime investigation methodology consists of forensic characteristics, circumstances to be established, features of initiating a criminal case, investigative situations, features of tactics of initial and subsequent investigative actions. This article discusses the features of identifying persons who committed thefts at retail enterprises. During the study, an analysis of forensic investigative practice was carried out. Versions have been identified about the circle of people among whom the unknown criminal may be.
Keywords: theft, retail enterprises, identification of persons, law enforcement officer, source of information, method of committing a crime, similar crimes, minors, settlement plan.
Bibliographic list of articles
1. Bolshakov A.P. On the issue of searching for criminals as one of the important areas of activity of law enforcement agencies in ensuring the security of citizens and the state at the present stage // Modern problems of science and education. – 2014. – No. 1. [Electronic resource]. – Access mode: http://www.science-education.ru/115-11627 (access date: 03/20/2024).
2. Gavrilov B. Ya. Solution of crimes – questions of theory and practice // Problems of solving unsolved crimes of past years: interuniversity materials. scientific seminar. – M., 2008. – 221 p.
3. Kuleeva I. Yu., Mazunin I. Yu. Legal regulation and forensic support for the investigation of unsolved crimes of past years [Text]: monograph. – Moscow: Yurlitinform, 2013. – 231 p.
4. Robozerov V. F. Organization of detection of thefts of personal property of citizens. Author’s abstract. dis. …cand. legal Sci. – Minsk, 1979. – 178 p.
5. Reshnyak M. G. Activities of the investigator and the investigative body in searching and establishing the location of the accused: dis. … Ph.D. – M., 1998. – 165 p.
CRIMINOLOGY
MINKOVA Elena Anatoljevna
Ph.D. in Law, associate professor, associate professor of Management and organization of UIS activities sub-faculty of the Academy of the FPS of Russia
LEGAL FRAMEWORK FOR ANTI-CORRUPTION IN PUBLIC ADMINISTRATION
The article is devoted to the analysis of the legal framework for combating corruption, which underlies the application of political, economic, organizational and other measures to combat these negative phenomena. The adoption at the state level of regulatory legal acts, as well as various programs and plans to combat corruption, confirms the relevance of this problem at the present stage of development of our state, however, the implementation of the above norms and plans calls into question their effectiveness. Moreover, the prevalence of corruption, both at the level of government and everyday life, unfortunately, is not decreasing, but is growing, which emphasizes the need to strengthen legal support for anti-corruption activities. Based on the analysis, the author proposed his own proposals for increasing the effectiveness of measures to prevent corruption in the public administration system.
Keywords: corruption, anti-corruption, legal framework, anti-corruption measures, anti-corruption policy, public administration.
Bibliographic list of articles
1. Former head of the Federal Penitentiary Service Reimer was released on parole. – [Electronic resource]. – Access mode: https://dzen.ru/a/XlUKkrUB9G1FutbI (date of access: 04/1/2024).
2. What is known about the criminal case of Alexey Ulyukaev. – [Electronic resource]. – Access mode: https://tass.ru/info/14513983?ysclid=lugmsi2dps475417721 (date of access: 04/1/2024).
3. The Russian Investigative Committee analyzed the practice of investigating corruption crimes in the Russian Federation. – [Electronic resource]. – Access mode: https://sledcom.ru/news/item/1417917/ (date of access: 04/1/2024).
4. Minkova E. A. Determination of corruption-related crimes in the penal system // Eurasian Legal Journal. – 2022. – No. 5 (168). – pp. 382-383.
5. Minkova E. A. Corruption as a social phenomenon: essence, genesis and ways to solve the problem // Eurasian Legal Journal. – 2023. – No. 8 (183). – pp. 92-93.
CRIMINOLOGY
NEKRASOV Alexander Petrovich
Ph.D. in Law, professor of Professional disciplines sub-faculty of the Samara Law Institute of the FPS of Russia
THEORETICAL AND LEGAL ANALYSIS AND OPPOSITION TO CRIMINAL ACTS THAT UNDERMINE THE CONSTITUTIONAL AND STATE SYSTEM OF THE RUSSIAN FEDERATION: DOCTRINE, POLITICS, SOCIAL PHENOMENON, WAYS OF OVERCOMING
In the author’s work, the thinker made a selection of materials on a number of particularly dangerous crimes that encroached on the constitutional and state system of Russia, on the foundations of society. This is a whole group of crimes aimed at destroying national traditions, cultural characteristics, religion, ethnic relations, inciting hatred or enmity in interethnic relations, which have historically been firmly established in our state. We are talking about such crimes as carrying out terrorist acts, public calls for extremist activities, rehabilitation of Nazism, drug smuggling, etc.
Keywords: extremist activity, justification of Nazism, Internet crimes and selection of accomplices, illegal arms trafficking, Ukraine, explosions and arson in Russia, counteraction measures, special military operation.
Bibliographic list of articles
1. Nekrasov A.P., Karlov V.P. Face to face with extremism and radicalism // Bulletin of the Volga University named after V.N. Tatishchev. – 2021. – No. 2. Volume 1.
2. Criminal Code of the Russian Federation ed. – “Eksmo”, 2023. – Art. 205-205.6 of the Criminal Code of the Russian Federation.
3. Decree of the President of the Russian Federation of March 11, 2019 No. 97 “On the Fundamentals of State Policy of the Russian Federation in the field of ensuring chemical and biological safety for the period until 2025 and beyond.”
4. Criminal Code of the Russian Federation ed. – “Eksmo”, 2023. – Art. 354-1 of the Criminal Code of the Russian Federation.
CRIMINOLOGY
POPOV Alexey Nikolaevich
lecturer of Special disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, Simferopol, major of police
LAZAREV Vladimir Yurjevich
lecturer of Tactical and special training sub-faculty of the Voronezh Institute of the MIA of Russia, major of police
BUZHSKIY Andrey Andreevich
lecturer of Tactical and special training sub-faculty of the Rostov Law Institute of the MIA of Russia, captain of police
IVANOV SERGEY Ivanovich
lecturer of the cycle of the Ufa School for Training Dog Handlers of the MIA of Russia, major of police
VICTIMOLOGICAL CHARACTERISTICS OF VICTIMS OF TELEPHONE FRAUD
This article analyzes the identity of the victim of telephone fraud. The authors analyze in detail the factors influencing the vulnerability of potential victims, including their psychological characteristics and social environment.
The article identifies typical signs and characteristics of victims of telephone fraud, such as age, education, psychological vulnerability and social isolation.
In conclusion, the article offers practical recommendations for protection against telephone fraud, including the interaction of prevention subjects, raising awareness of threats and taking precautionary measures.
Keywords: victimological characteristics, fraud, telephone fraud, crime victim.
Bibliographic list of articles
1. Meshkova N.V., Kudryavtsev V.T., Enikolopov S.N. Towards a psychological portrait of victims of telephone fraud // Bulletin of Moscow University. Episode 14. Psychology. – 2022. – No. 1. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/k-psihologicheskomu-portretu-zhertv-telefonnogo-moshennichestva (access date: 29.03.2024).
2. Petryakova L. A. Prevention of fraud in the banking sector // All-Russian Criminological Journal. – 2023. – No. 4. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/preduprezhdenie- moshennichestv-v-bankovskoy-sfere (date of access: 03.27.2024).
3. Repetskaya A. L., Petryakova L. A. Victimological characteristics of fraud in the banking sector (based on materials from the Siberian Federal District) // All-Russian Criminological Journal. – 2022. – No. 4. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/viktimologicheskaya-harakteristika-moshennichestv-v-bankovskoy-sfere-po-materialam-sibirskogo-federalnogo-okruga (date of access: 03/27/2024).
4. Yaroslavtseva I.V., Dorokhina S.A. Critical thinking of elderly people – victims of fraudulent actions: theoretical and applied aspects of research // News of Irkutsk State University. Series: Psychology. – 2016. – No. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kriticheskoe-myshlenie-pozhilyh-lyudey-zhertv-moshennicheskih-deystviy-teoreticheskiy-i-prikladnoy-aspekty-issledovaniya (date of access: 03/29/2024).
CRIMINOLOGY
SVINAREV Sergey Viktorovich
senior lecturer of Special disciplines sub-faculty of the Volgodonsk branch of the Rostov Law Institute of the MIA of Russia
ASTAKHOV Ivan Pavlovich
lecturer of Management and administrative activities sub-faculty of the Belgorod Law Institute of the MIA of Russia
THE CONCEPT AND FEATURES OF CYBERSECURITY AS AN OBJECT OF ADMINISTRATIVE AND LEGAL PROTECTION
One of the priority directions for the development of our country at its modern historical stage is the development of the information society. Measures to implement this step include the active introduction of information and communication technologies and the development of cyber space. The transfer of part of public relations into cyberspace has a number of advantages, in particular, it helps to increase the openness and transparency of the activities of public authorities, the efficiency and effectiveness of their interaction among themselves and with representatives of the public and the international community. However, at the same time, the rapid development of information technologies, information and telecommunications tools, systems and networks is also characterized by significant negative aspects, in particular the emergence of a new area for crime to flourish.
Keywords: information security, cybersecurity, support, integrated use, operation, security, information space.
Bibliographic list of articles
1. Decree of the President of the Russian Federation dated December 31, 2015 No. 683 “On the National Security Strategy of the Russian Federation.”
2. Kukeev A.K. Problems of administrative and legal support of human cybersecurity on the Internet // Current problems of administrative and administrative procedural law (Sorokin Readings): Collection of articles based on the materials of the international scientific and practical conference, St. Petersburg, March 24, 2023 of the year / Under the general editorship of A. I. Kaplunov, comp.: A. I. Kaplunov, A. O. Drozd, N. M. Kramarenko, E. Kh. Mamedov. – St. Petersburg: St. Petersburg University of the Ministry of Internal Affairs of the Russian Federation, 2023. – P. 115-122.
3. Redkous V. M. Administrative and legal aspects of legislative support for cybersecurity in the CIS member states // Bachilov Readings: Materials of the Fourth International Scientific and Practical Conference, Moscow, February 05-06, 2022 / Rep. ed. T. A. Polyakova, A. V. Minbaleev, V. B. Naumov / Institute of State and Law of the Russian Academy of Sciences. – Saratov: Limited Liability Company “Amirit”, 2022. – P. 303-311.
4. Borisenko A. V. The concept of cybersecurity. Cybersecurity of government agencies // Current problems of development of economic, financial and credit systems: collection of materials of the X International Scientific and Practical Conference, Belgorod, September 15, 2022. – Belgorod: Belgorod State National Research University, 2022. – P. 297-299.
CRIMINOLOGY
STRAMILOV Stanislav Yurjevich
postgraduate student of the 2nd course of the International Faculty of Law and Business of the Trans-Baikal State University, Chita
ALCOHOLIZATION OF THE POPULATION AS A CAUSE OF MURDERS IN THE SPHERE OF FAMILY AND HOUSEHOLD
The scientific article reveals the causes of domestic homicides from the point of view of alcoholization of the population. The causal links between alcohol consumption and the commission of domestic murders are manifested in an increase in the level of aggression, loss of self-control, and blunting of fear of possible consequences. The revealed links between alcohol consumption and homicides require improvement of preventive measures. Based on the identified problems, the author suggests possible ways to improve the prevention of domestic homicide.
Keywords: domestic crimes, murders in the family and household sphere, alcohol, alcoholization of the population, measures to prevent murder in the sphere of family and household relations.
Bibliographic list of articles
1. The concept of public safety in the Russian Federation: [from 11/14/2013] No. Pr-2685 // ConsultantPlus: Reference and legal system. [Electronic resource]. – Access mode: https://www.consultant.ru/ (date of access: March 01, 2024).
2. Summary statistical information on the state of criminal records in Russia for 2015-2022 // Judicial Department of the Supreme Court of the Russian Federation. [Electronic resource]. – Access mode: http://www.cdep.ru/index.php?id=79&item=7649 (date of access: March 01, 2024).
3. Official statistics of the Federal Service for Control of Alcohol and Tobacco Markets // Official website of Rosalkogolregulirovaniya. [Electronic resource]. – Access mode: https://fsrar.gov.ru/statisticheskaja_informacija (date of access: March 01, 2024).
4. Govorin N.V., Sakharov A.V., Gaymolenko A.S. Alcohol factor in criminal aggression and auto-aggression. – Chita: Publishing house “Ivan Fedorov”, 2009. – P. 61.
5. Sobolnikov V.V. Criminal psychology: a textbook for universities / V.V. Sobolnikov. – 2nd ed., revised. and additional – Moscow: Yurayt Publishing House, 2024. – P. 134.
6. Mullakhmetova N. E. State of intoxication of a crime victim: legal and victimological aspects. [Electronic resource] – Access mode: https://cyberleninka.ru/article/n/sostoyanie-opyaneniya-zhertvy-prestupleniya-pravovye-i-viktimologicheskie-aspekty (date of access: 03.24.2024).
CRIMINOLOGY
TAILOVA Aisha Gabibovna
Ph.D. in Law, associate professor of Legal disciplines sub-faculty of the North Caucasus Institute of the All-Union State University of Justice (RLA of the Ministry of Justice of Russia), branch in Makhachkala
NASIMOV Ullubiy Shamiljevich
magister student of the 2nd course of the North Caucasus Institute of the All-Union State University of Justice (RLA of the Ministry of Justice of Russia), branch in Makhachkala
ABAKAROVA Bika Gadzhishamkhalovna
lecturer of the 1st category of the Law College of the North Caucasus Institute of the All-Union State University of Justice (RLA of the Ministry of Justice of Russia), branch in Makhachkala
CAUSES AND CONDITIONS THAT GIVE RISE TO MERCENARY AND SELF-SERVING VIOLENT CRIME IN THE TERRITORY OF DAGESTAN
The study of the factors that motivate people to crime is a fundamental task for specialists in the field of criminology. The increase in crime in society is due not only to the criminal atmosphere, but also to the insufficient effectiveness of State policy to counter it.
Dagestan, as one of the constituent entities of Russia, is witnessing an increase in crimes of a mercenary and self-serving and violent nature, caused by various factors of the Economic, Social and Political Nature. In our view, one of the reasons for this category of crime is the inadequacy of the organization and management plan in cases of violations of property rights, which creates serious obstacles to the development of a modern economy in the Republic.
The analysis of criminal acts of a self-serving and self-serving violent nature, taking into account the peculiarities of their manifestation, makes it possible to identify the reasons that contribute to their commission. This will make it possible to assess the prospects of influence of investigative determinants on prevention of mercenary and mercenary-violent crime in the territory of the republic of Dagestan.
Keywords: mercenary crime, mercenary-violent crime, causes of crime, peculiarities of republic, analysis of practice, prevention.
Bibliographic list of articles:
1. Andryushenkova O. M. Determinants of committing certain types of crimes // Innovative education and economics. 2016. No. 22. P. 69.
2. Brazhnikov D. A., Goncharova, M. V., Chislov, A. I. Criminological assessment of certain types of crimes in the economic sphere. D. A. Brazhkin and others // Bulletin of the East Siberian Institute of the Ministry of Internal Affairs of Russia. 2017. No. 3 (82). pp. 9-22.
3. Prozumentov L.M., Shesler A.V. General social determinants of crime // All-Russian Journal of Criminology. 2018. No. 1. P. 104-106.
4. Yuzikhanov E. G. Search and analysis of the causes of crime // Legal science and law enforcement practice.2017. No. 4. P. 45-49.
CRIMINOLOGY
BOROEV Alexander Vladimirovich
postgraduate student of Criminal law and criminology sub-faculty of the Institute of Justice of the Baikal State University, Irkutsk
EXTREMIST MOTIVE FOR COMMITTING MURDER DURING A SPECIAL MILITARY OPERATION IN UKRAINE
In the current criminological reality, the fight against extremism, which undermines national security, the safety of the individual and society, sovereignty, and territorial integrity, is of particular importance. The state’s response to this challenge in the legislative sphere is noted. This article analyzes murder motivated by political, emotional, racial, national or religious hatred or enmity, or motivated by hatred or enmity against any social group in the context of the ongoing Special Military Operation in Ukraine. The reasons for the increase in the number of registered extremist crimes, as well as registered murders and attempted murders (Articles 30, 105, 106, 107 of the Criminal Code of the Russian Federation) in 2021-2023 are analyzed. Features and determinants are noted, and the main directions of combating this type of crime are identified.
Keywords: murder, extremism, warning, criminological characteristics, extremist motive, special military operation, military conflict.
Bibliographic list of articles
1. Vorontsov S. A. The concept of extremism and its essential features // Philosophy of Law. – Rostov-on-Don: Publishing house Rost. legal Institute of the Ministry of Internal Affairs of Russia, 2007, No. 4. – P. 65-71.
2. Bosholov S.S. Criminological view of events in Ukraine // Problems of modern Russian legislation: materials of the IV All-Russian. scientific-practical Conf., Irkutsk, September 11. 2015 – Irkutsk, 2015. – pp. 325-333.
3. Borozdin A. N. Extremism and terrorism as socio-political phenomena: history and modernity // Countering extremism and terrorism: philosophical, sociological and political aspects: materials of the II All-Russian. scientific-practical conf., Krasnodar, 06 Nov. 2015 – Krasnodar, 2015. – pp. 85-90.
4. Borozdin A. N. The essence of extremism as a socio-political phenomenon // Social and Humanitarian Review – 2019. – No. 4 – pp. 10-15.
5. Akimova A. N. Problematic aspects of countering extremism on the Internet // Science through the prism of time. – 2022. – No. 5 (62). – pp. 32-34.
6. Butenko A. S. Extremism on the Internet: concept and essence // Lawyer – Lawyer. – 2019. – No. 2 (89). – pp. 57-61.
7. Nemtsova N. A. Causal complex of extremist crimes among youth // International Journal of Humanities and Natural Sciences. – 2020. – No. 5-4 (44). – pp. 112–116.
LAW ENFORCEMENT AUTHORITIES
ABAEV Nauryz Borisovich
lecturer of special technical training sub-faculty of the North-Caucasian Advanced Training Institute (branch) of the Krasnodar University of the MIA of Russia, lieutenant colonel of police
ISSUES OF THE FUNCTIONALITY OF ADMINISTRATIVE ACTIVITIES OF THE POLICE
Administrative activity is inherent in all public authorities. It is part of the management system, due to which one integral structure of public administration is formed. Each government body is its component part and has its own government and administrative powers. Thus, not only the Ministry of Internal Affairs carries out administrative activities. Other government structures are also involved in the administrative-legal sphere, with which the Ministry of Internal Affairs often has something in common. If we consider administrative activity from the point of view of law enforcement work, then it is expressed in the activities of the police. The latter can exercise direct administrative measures, for example, force someone to comply with the legal requirements of police officers, and counteract offenses, including administrative ones.
Keywords: administrative activities of the police, crime prevention, organization of law and order, security, patrolling, principle of legality.
Bibliographic list of articles
1. Federal Law “On Police” dated 02/07/2011 No. 3-FZ. – [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_110165/?ysclid=ltesvdvytf709019961.
2. Gorokhov N. A. Application of the coercion method in the administrative activities of the police // In the collection: Current issues of sustainable development of modern society and economy. collection of scientific articles of the 2nd All-Russian Scientific and Practical Conference. – Kursk, 2023. – pp. 241-245.
3. Kostennikov M.V., Kurakin A.V., Abdurakhmanov A.A. On the issue of functionality and principles of administrative activities of the police // All-Russian BulletinInstitute for Advanced Training of Employees of the Ministry of Internal Affairs of the Russian Federation. – 2022. – No. 3 (63). – pp. 46-55.
4. Kurakin A.V. Once again about the legality in the application of administrative coercion measures in police activities // Law and Politics. – 2023. – No. 12. – P. 35-46.
5. Petrova E. A., Ponomareva O. M. Administrative activities of the police – the main function of ensuring law and order in Russia // In the collection: Administrative and legal regulation of law enforcement activities: theory and practice. Materials of the International Scientific and Practical Conference. Editorial Board: K. D. Rydchenko, A. G. Bely, A. D. Abramkin [and others]. – Krasnodar, 2023. – pp. 223-228.
LAW ENFORCEMENT AUTHORITIES
VYSHTIKALYUK Vladimir Fedorovich
associate professor of Fire training sub-faculty of the Omsk Academy of the MIA of Russia
MUZAFIN Ruslan Rayanovich
Deputy Head of Fire and tactical special training sub-faculty of the Ufa Law Institute of the MIA of Russia
KOPYLOV Ivan Alexeevich
lecturer of Fire training sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk
WAYS TO IMPROVE THE SHOOTING TRAINING OF INTERIOR MINISTRY EMPLOYEES
The article discusses ways to improve the shooting training of Interior Ministry employees. It is noted that at the initial stage of training, individual skills and their automation are important, but without further improvement in real or simulated conditions, these skills may be reduced. The importance and priority of psychological training in improving shooting skills is noted: firstly, it is aimed at removing psychological difficulties when shooting, and secondly, it is able to form physical and professionally important personal qualities, as well as the cadet’s readiness for extreme and stressful situations. The reasons for the decrease in the level of rifle training have been identified, which include: lack or low quality of professional training on the part of units engaged in rifle training; insufficient methodological preparedness of employees who teach shooting training; untimely identification of errors and their elimination. In terms of shooting training, it is important to simulate real situations within the framework of a lesson with the use of weapons. The ways of improving the shooting training of Interior Ministry employees in the form of an integrated system based on the physical training of cadets necessary when working with firearms, as well as psychological training and reflexive activity are proposed.
Keywords: shooting training, Ministry of Internal Affairs, psychological readiness, law enforcement, skills.
Bibliographic list of articles
1. Muzafin R.R., Vyshtikalyuk V.F., Koshevets G.V. Fire training as a condition for the formation of psychological stability of cadets at the Ministry of Internal Affairs University / Eurasian Legal Journal. – 2023. – No. 1 (176). – pp. 382-383. – EDN QLFXFC.
2. 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.
3. Activities of units to ensure the safety of persons subject to state protection: Textbook in 3 parts / S. V. Mikhalev, V. A. Apasov, E. I. Artyushenko [and others]. – Ufa: Ufa Law Institute of the Ministry of Internal Affairs of the Russian Federation, 2023. – 208 p. – ISBN 978-5-7247-1175-3. – EDN AESQKA.
4. Korsakov Yu. V. The role of special exercises during shooting training sessions // Internet magazine “World of Science”. – 2018. – No. 5. – [Electronic resource]. – Access mode: https://mir-nauki.com/PDF/20PDMN518.pdf.
LAW ENFORCEMENT AUTHORITIES
DUDIN Nikita Sergeevich
senior lecturer of Special training sub-faculty of the Ufa Law Institute of the MIA of Russia
NASYROV Ramil Rasilevich
lecturer of the Cycle of Professional Service and Physical Training of the Ufa School for Training Dog Handlers of the MIA of Russia
NENASHEV Leonid Nikolaevich
senior lecturer of Fire training sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk
FEATURES OF ENSURING THE PERSONAL SAFETY OF LAW ENFORCEMENT OFFICERS
This article is devoted to the issues of ensuring the personal safety of an employee of the internal affairs bodies using firearms in operational and official activities. The authors analyzed the physiological and psychological aspects of law enforcement officer training that affect personal safety in the performance of official duties, and also presented some recommendations for improving knowledge, skills and abilities of physical and psychological training.
Keywords: personal safety, law enforcement officer, physical and psychological aspect, high-speed shooting, “offhand”, self-regulation.
Bibliographic list of articles
1. State of crime in the Russian Federation // Official website of the Ministry of Internal Affairs of the Russian Federation. – [Electronic resource]. – Access mode: https:/mvd.rf (date of access: 03.23.2024).
2. Ponomarev N.N. Strengthening the skills of shooting from combat hand-held small arms among cadets studying in the specialization “Activities of special units of the Internal Affairs Internal Affairs” // 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. 2015. – pp. 254-258.
3. Shapochansky V.N. Training in aiming during high-speed pistol shooting // Alley of Science. – 2018. – No. 8. – P. 461-464.
4. Boyko-Buzil Yu. Yu., Shvets D. V. Psychological readiness of police officers for the lawful use of service firearms // Current issues in the training of police officers: collection of articles. – 2015. – pp. 7-12.
5. Grichanov A. S. Ensuring the safety of police officers in professional activities: a textbook. – Barnaul: Barnaul Law Institute of the Ministry of Internal Affairs of the Russian Federation, 2014. – 80 p.
LAW ENFORCEMENT AUTHORITIES
KANOKOVA Lyana Yurjevna
lecturer of Law Enforcement sub-faculty of the North-Caucasian Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia, major of police
KALININ Sergey Vladimirovich
senior lecturer of Tactical and special training sub-faculty of the Barnaul Law Institute of the MIA of Russia, lieutenant colonel of police
FEATURES OF EDUCATIONAL WORK AND TYPES OF EDUCATION OF EMPLOYEES OF INTERNAL AFFAIRS BODIES
The essential importance of knowledge of pedagogy for police officers is determined by their activities, the result of which depends on the professionalism of the employees. If employees do not ignore pedagogical knowledge in their activities, their activities are more effective and competent. It is thanks to pedagogical knowledge that employees have the opportunity to increase their professionalism, improve professional and moral qualities, and improve discipline.
Professional education is a component of the educational work of the Ministry of Internal Affairs of Russia, containing the tasks, goals and means that determine the professional activity of a police officer. The essence of professional education is the development of professional values, the formation of a positive attitude towards the position and work structure, the creation of adequate relationships between colleagues.
Keywords: education, internal affairs officer, education process, levels of education.
Bibliographic list of articles
1. Psychology and pedagogy in 2 hours. Part 1. Psychology: textbook for universities / V. A. Slastenin [etc.]; under the general editorship of V. A. Slastenin, V. P. Kashirin. – Moscow: Yurayt Publishing House, 2021. – P. 75.
2. Taratukhina Yu. V., Avdeeva Z. K. Pedagogy of higher education in the modern world: textbook and workshop for universities. – M.: Yurayt Publishing House, 2021. – P. 101.
3. Nagoeva M. A., Urumov A. In Formation of professional thinking and career guidance of students to study at a pedagogical university // Problems of modern pedagogical education. – 2018. – No. 60-1. – pp. 196-200.
4. Kanokova L. Yu. On the question of the philosophy of pedagogical science: yesterday, today, tomorrow // Eurasian Legal Journal. – 2021. – No. 3 (154). – pp. 406-407.
LAW ENFORCEMENT AUTHORITIES
KOGAN Olga Stanislavovna
Ph.D. in Medical Sciences, Professor of International relations, history and oriental studies sub-faculty of the Ufa State Petroleum Technical University
LIFANOVA Marina Vladislavovna
Ph.D. in Law, associate professor of Criminal law and process sub-faculty of the Ufa University of Science and Technology; associate professor of International relations, history and oriental studies sub-faculty of the Ufa State Petroleum Technical University
KORNELYUK Oksana Vladimirovna
Ph.D. in Law, associate professor of Criminal law and process sub-faculty of the Ufa University of Science and Technology
SOME ASPECTS OF LAW ENFORCEMENT PERSONNEL TRAINING IN MODERN RUSSIA
Modern economic, social and political events in our society inevitably cause the need to improve the legal provision of all spheres of public life. Special requirements are imposed on the training of personnel for law enforcement agencies, in particular, for work in courts, prosecutor’s offices and the IC of the Russian Federation, internal affairs bodies. In these areas of legal activity, there is a clear organization of work, strict schedule and irregular working hours, employees often face stressful and conflict situations. In this regard, high-quality training of personnel of law enforcement agencies is relevant.
The article discusses certain aspects of training law enforcement personnel, analyzes the personal qualities of future employees necessary for the successful implementation of this activity.
Keywords: higher legal education, personal qualities of law enforcement officers.
Bibliographic list of articles
1. Kubanov A. R. Professional and psychological requirements for the personality of an employee of internal affairs bodies // Problems of modern pedagogical education. Psychology. Karachay-Cherkess State University named after U.D. Aliyev. – Karachaevsk. – 2021. – pp. 378-380.
2. Maslova A. A. Problems of ensuring the quality of training of legal personnel in modern Russia // Law and Law. – 2018. – No. 6. – P. 46-48.
3. Petrunya O. E. Legal psychology. Tutorial. – M.: Publishing house. EAOI Center, 2007. – 171 p.
4. Eysenck H. J., Eysenck M. W. Personality and Individual Differences: A Natural Science Approach. – New York. – 1985. – [Electronic resource]. – Access mode: https://archive.org/details/personalityindiv0000eyse/page/n7/mode/2up (access date: 11/12/2023).
LAW ENFORCEMENT AUTHORITIES
MINGULOV Ilnur Rashitovich
senior lecturer of Physical training sub-faculty of the Ufa Law Institute of the MIA of Russia
NAPALKOV Yuriy Andreevich
Ph.D. in pedagogical sciences, associate professor of Physical training and sports sub-faculty of the Krasnodar University of the MIA of Russia
EGOSHIN Dmitriy Ivanovich
associate professor of Physical training sub-faculty of the Ural Law Institute of the MIA of Russia
KACHULINA Irina Viktorovna
lecturer of Criminology sub-faculty of the Omsk Academy of the MIA of Russia
THE USE OF INNOVATIVE TECHNOLOGIES FOR THE FORMATION OF THE PERSONALITY OF CADETS AND STUDENTS IN THE EDUCATIONAL PROCESS IN THE DISCIPLINE OF PHYSICAL TRAINING IN EDUCATIONAL ORGANIZATIONS OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
The article deals with the problem of developing endurance strength among police officers in the process of their professional and service training. This physical quality plays a huge role in the formation of the general physical training of employees, ensuring the most effective performance of service and combat tasks aimed at ensuring law and order and legality, respect for human and civil rights and freedoms. The degree of resistance and resistance to external influences, the possibility of using the maximum resource of the body in extreme situations depends on the development of strength and strength endurance.
The paper describes the main means and methods of developing strength qualities, the principles of building strength training, and also substantiates the importance of developing strength and strength endurance as fundamental physical qualities in the professional activities of law enforcement officers.
The relevance of the work is determined by the requirement of constant and purposeful development of the physical qualities of employees of the internal affairs bodies, improving the level of their physical indicators that affect the possibility of skillful and correct use of physical force. In modern conditions, high demands are placed on police officers regarding professional physical training in order to combat crime.
Keywords: professional training, physical training, strength, endurance, strength abilities, police officer.
Bibliographic list of articles
1. Babin A.V. Innovative methods of teaching the discipline “Physical training” in educational organizations of the Ministry of Internal Affairs of Russia // Physical training of employees of internal affairs bodies of the Russian Federation: Collection of scientific articles of the All-Russian competition, Volgograd, July 01 – 30, 2022 / Editorial Board: R. V. Kamnev, O. S. Panova, D. G. Ovechkin [and others]. Volume Issue 4. – Volgograd: Volgograd Academy of the Ministry of Internal Affairs of the Russian Federation, 2022. – P. 11-17. – EDN FTZBEC.
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. Lukyanov, 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. Gvozdikov P. Yu., Gilmutdinova N. I., Bondarenko D. M. Application of innovative technologies in the educational process of physical training of cadets (listeners) of universities of the Ministry of Internal Affairs of Russia // Text of a scientific article on the specialty “Education Sciences” – Scientists Notes from the University named after P. F. Lesgaft. – 2023. – No. 1 (215). – pp. 104-108. – 10.34835/issn.2308-1961
LAW ENFORCEMENT AUTHORITIES
URUSOV Zamir Khasanovich
senior lecturer of Organization of law enforcement activities sub-faculty of the North-Caucasian Institute for Advanced Studies (branch) of the Krasnodar University of the MIA of Russia, lieutenant colonel of police
USE OF MODERN INFORMATION TECHNOLOGY IN POLICE ADMINISTRATIVE ACTIVITIES
Administrative police activities are those activities through which the police can exercise their powers. The police can use scientific and technological advances to carry out their activities. This also includes various communication networks, information systems, and telecommunications infrastructure. They help police departments carry out the tasks assigned to them, do it faster and better. Technology can also help in preventing and solving crimes. There is a strong relationship between police administrative work and modern technology. This means that for the full regulation of the work of the internal affairs department and the implementation of its activities, a well-organized renewable management cycle is required, which should involve technologies that, if not automate the ongoing processes, then significantly simplify and speed them up. Thus, the activities of the police in the administrative sense can be called a complex of government decisions and actions based on legislative norms, carried out by officials and aimed at achieving the goals set for the service.
Keywords: administrative activities of the police, information technology, automated information and reference systems, automated information retrieval systems.
Bibliographic list of articles
1. Vasilenko G. N. On the Legal Regulation of Information Support for Operational Activities of the Police // In the collection: Current problems of administrative and administrative procedural law (Sorokin Readings). Collection of articles based on materials from the international scientific and practical conference. Under the general editorship of A. I. Kaplunov, comp.: A. I. Kaplunov, A. O. Drozd, N. M. Kramarenko, E. Kh. Mamedov. St. Petersburg, 2023. pp. 859-864.
2. Gyulaliev T. M., Abakarova O. G. Development and implementation of modern information technologies in the system of the Ministry of Internal Affairs of Russia // In the collection: Modern problems of scientific activity. prospects for introducing innovative solutions. Collection of articles of the International Scientific and Practical Conference. Ufa, 2022. pp. 36-38.
3. Klimova M.I. The use of modern information technologies in the administrative activities of the police // In the collection: Administrative and legal regulation of law enforcement activities: theory and practice. Materials of the International Scientific and Practical Conference. Editorial Board: K. D. Rydchenko, A. G. Bely, A. D. Abramkin [and others]. Krasnodar, 2023. pp. 476-480.
4. Kurushin S. A., Yavorsky M. A. Information technologies in the optimization of law enforcementactivity // Science of the XXI century: current directions of development. 2022. No. 2-2. pp. 149-152.
5. Shchelkonogova I. S. The use of modern information technologies in the administrative activities of the police // In the collection: Administrative and legal regulation of the protection of public order and ensuring public safety: problems and ways to solve them. Materials of the annual interuniversity scientific and practical conference. Under the general editorship of R.Yu. Avrutina. Comp. R. Yu. Avrutin, T. F. Fomina, O. S. Polikarpova. St. Petersburg, 2023. pp. 407-411.
LAW ENFORCEMENT AUTHORITIES
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
SHANKO Viktor Viktorovich
Ph.D. in pedagogical sciences, associate professor, Deputy Head of Special disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
ON THE ISSUE OF PUBLIC ADMINISTRATION OF REFORMING INTERNAL AFFAIRS BODIES
The question of the need for research in the field of public administration and reform of internal affairs bodies has been ripe for a long time. The authors provide a brief analysis of the concept of public administration and reform of internal affairs bodies. It is concluded that the issue of substantiating the methodological and theoretical foundations of public administration for reforming internal affairs bodies and directions for increasing the efficiency of their activities on the basis of philosophical, socio-economic, public administration, political science and legal analysis will fully contribute to the implementation of certain research tasks in this direction.
Keywords: reform, reformation, public administration, system, internal affairs bodies.
Bibliographic list of articles
1. Vasilenko I. A. Administrative and public management as a science // Sociological studies. – 1993. – No. 8. – P. 12-16.
2. Atamanchuk G.V. Theory of public administration: a course of lectures. – M.: Omega-L., 2005. – 584 p.
3. Plishkin V. M. Theory of internal affairs management: textbook. – M.: NAVSU, 1999. – 702 p.
4. Opalev A. On some basic categories of the theory of ensuring national security // Vestn. Russian Academy of Natural Sciences. – 2004. – No. 3. – P. 3-8.
5. Bykov A.V. System for ensuring the internal safety of the country: monograph. – M.: All-Russian Research Institute of the Ministry of Internal Affairs of Russia, 2007. – 226 p.
PROSECUTORAL SUPERVISION
YAKOVLEV Nikolay Mikhaylovich
Ph.D. in Law, associate professor of the M. K. Ammosov North-Eastern Federal University, Honored Lawyer of the Republic of Sakha (Yakutia), Honored Lawyer of the Russian Federation
IVANOV Sergey Mikhaylovich
magister student of the Faculty of Law of the M. K. Ammosov North-Eastern Federal University
PROSECUTOR’S SUPERVISION OVER THE IMPLEMENTATION OF ANTI-CORRUPTION LEGISLATION
The relevance of the research topic is determined by the fact that crimes committed in the field of corruption must be considered based on the opinions of modern authors. The issue of combating corruption for public policy is the most important task and the subject of increased public attention. Despite the creation of the legal and organizational framework for combating corruption in the Russian Federation, the level of corruption in the country remains at a very high level. The aggravation of the crime situation in the country contributes to the emergence of completely new forms of manifestation of this type of crime, including the study of the personality of the criminal who committed a crime in the field of corruption. The national plan to combat corruption is revealed. The features of prosecutorial supervision, as well as its role and importance in terms of identifying and suppressing violations of laws in the Russian Federation are considered. The article proposes measures aimed at increasing the efficiency of prosecutorial supervision in this area.
This article will discuss the basics of prosecutorial supervision over the implementation of anti-corruption legislation.
Keywords: supervision, prosecutorial supervision, legislation, legislation of the Russian Federation, corruption, anti-corruption.
Bibliographic list of articles
1. Glumova A. V. General characteristics of prosecutorial supervision in the field of anti-corruption // Current issues of the state and law in modern timesThe current stage of development of society: Collection of materials of the International scientific and practical conference among students, undergraduates and graduate students, Perm, June 24, 2022. Volume 1. – Perm: Perm Institute of the Federal Penitentiary Service, 2022. – P. 82-86.
2. Ilyushchenkova G. A. General characteristics of prosecutorial supervision over the implementation of legislation on combating corruption // Bulletin of Science. – 2021. – No. 5 (38). – pp. 90-95.
3. News. General Prosecutor’s Office of the Russian Federation. [Electronic resource]. – Access mode: https://epp.genproc.gov.ru/web/gprf/mass-media/news?item=73312986.
4. News. Prosecutor’s office of the Perm region. [Electronic resource]. – Access mode: https://epp.genproc.gov.ru/ru/web/proc_59/mass- media/news?item=65011263.
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, Simpheropol
WHY IS A NEW LAW “ON FORENSIC ACTIVITIES” NEEDED? (PART 2)
The article discusses the main provisions and innovations that are reflected in the text of the Amendments to the draft new law “On forensic activities in the Russian Federation”. The prepared law should become the successor to the current Federal Law of May 31, 2001 No. 73-FZ “On State Forensic Expert Activities in the Russian Federation.” The author has made an attempt to analyze the correctness and feasibility of introducing new provisions and concepts, and determine their prospects.
Keywords: federal law, forensic activity, expert, state and non-state expert activity, scientific and methodological support.
Bibliographic list of articles
1. Poziy V.S. Why is a new law “On forensic activity” necessary? (Part 1) // Eurasian Legal Journal. – 2024. – No. 2 (189). – pp. 427-428.
2. System for supporting legislative activities. [Electronic resource]. – Access mode: https://sozd.duma.gov.ru/bill/306504-6 (access date 03/19/2024).
3. 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: 03/19/2024).
SAFETY AND LAW
REVINA Svetlana Nikolaevna
Ph.D. in Law, professor of the Samara State University of Economics
GORBUNOVA Anastasiya Alexeevna
student of the Samara State University of Economics
DVORYANCHIKOV Vladislav Mikhaylovich
postgraduate student of the Samara State University of Economics
INFORMATION SECURITY IN THE CONTEXT OF DIGITALIZATION OF CUSTOMS AUTHORITIES
The article examines such aspects of the functioning of customs authorities, which, in the context of digitalization of society as a global trend, are of particular importance for the information security of these structures. The subject of the study is the most urgent threats that arise during the transition of customs structures to a digital format, and the object is information security in general of these bodies as a necessity for the normal development and functioning of the country’s economy. The research methods used such as analysis and synthesis, generalization and systematization. The main problem is the lack of elaboration of this issue, the unpreparedness of customs authorities to the conditions of an aggravated political situation and sanctions pressure from the international community. These issues are of particular relevance and novelty, since at the moment security issues are the highest priority for our country and the customs authorities are under such pressure for the first time. The authors pay special attention to the problematic issues of organizing the activities of customs authorities, which are of great danger when introducing digital technologies, and propose ways to resolve them.
Keywords: digitalization, confidentiality of information, information security, cyberterrorism, cyberattack, unified automated information system, information platforms.
Bibliographic list of articles
1. Pogodina N.A. Information security in the activities of customs authorities // Information security of regions. – 2011. – No. 2. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/informatsionnaya-bezopasnost-v-deyatelnosti-tamozhennyh-organov (date of access: 11/07/2023).
2. Skoryatina E.A., Sobolev R.K. Features of the formation and development of the digital economy // In the collection: Babkin A.V. (ed.) Innovation clusters in the digital economy: theory and practice: Proceedings of the VIII scientific and practical conference with international participation, St. Petersburg, May 17-22, 2017 – St. Petersburg: Publishing House of Peter the Great St. Petersburg Polytechnic University, 2017.
3. Kozyrev A. N. Digital economy and digitalization in historical retrospect // Digital Economy, 2018.
4. Vasiliev S. N. The use of modern digital technologies in the activities of customs authorities // Bulletin of the Russian Customs Academy, 2018.
5. Orlova E. R., Kudryavtsev P. E. Introduction of digital technologies into the activities of customs authorities: results and development prospects // Audit and financial analysis, 2021.
SAFETY AND LAW
SILANTJEVA Victoriya Alexandrovna
Ph.D. in historical sciences, associate professor of Theory and history of state and law sub-faculty of the N. I. Lobachevskiy National Research Nizhny Novgorod State University
ON THE ISSUE OF THE CONCEPT OF “DIASPORA”: APPLICATION IN RUSSIAN LEGISLATION
The article is devoted to the study of the phenomenon of diaspora as a legal category. There is an increased interest in the problems of the diaspora as an important structure of civil society. Diasporas play a significant role in the formation and implementation of the domestic and foreign policies of modern states, therefore they are the object of numerous studies by sociologists, political scientists, historians, and cultural scientists.
The frequency of using the term “diaspora” has increased. The term is actively used in scientific literature, mass media, and regulatory legal acts. However, the definition of the concept of diaspora is absent in Russian legislation and is practically not studied by legal scholars.
The article presents the factors that determine the need for additional study of the diaspora in the normative and legal discourse.
Keywords: migration, migration processes, normative legal status, diaspora, fraternity, migration legislation, migration policy, diaspora politics.
Bibliographic list of articles
1. Demographic conceptual dictionary / Ed. L. L. Rybakovsky; Center for Social Forecasting. – M., 2003.
2. Karsanova E. S., Gurshumov R. K. Diaspora as a political resource // Power. – 2020. – No. 3.
3. Kurnosova L. S. The concept of diaspora in sociological discourse // Bulletin of the Nizhny Novgorod University. N.I. Lobachevsky. – Series: Social Sciences. – 2006. – No. 1.
4. Mamedov E. F. Features and problems of using the term “diaspora” in Russian legislation // Eurasian Legal Journal. – 2015. – No. 7 (86).
5. Militarev A. On the content of the term “diaspora” // Diaspora. – 1999. – No. 1.
6. Nikitina E. E., Gaunova Zh. A. Interaction of public authorities with civil society institutions in the implementation of state national policy of the Russian Federation // Journal of Russian Law. – 2021. – T. 25. No. 10.
7. Sociological encyclopedic dictionary / Ed. G. V. Osipova. – M.: Norma, 1998.
SAFETY AND LAW
KHALITOV Oleg Firuzovich
senior lecturer of Pedagogy and psychology in the activities of employees of the department of internal affairs sub-faculty of the Ufa Law Institute of the MIA of Russia
MARCHENKO Konstantin Sergeevich
senior lecturer of Fire training sub-faculty of the Voronezh Institute of the MIA of Russia
SAMIKOV Albert Zabirovich
lecturer of the cynologists cycle of the Ufa School for Training Dog Handlers of the MIA of Russia
ORGANIZATIONAL AND TACTICAL FEATURES OF CONDUCTING FIRE TRAINING CLASSES IN UNITS TO ENSURE THE SAFETY OF PERSONS SUBJECT TO STATE PROTECTION
The organizational presented article is devoted to the and tactical features of the educational process of fire training with employees of the internal affairs bodies, designed to ensure the safety of persons under state protection. The relevance of the chosen topic is the analysis of scientific literature, which directly tests to the low level of elaboration of the problem of the organization and tactics of training police officers, especially the relevant unit.
The author has attempted a comprehensive study of existing scientific papers, as well as practical experience, in order to identify existing urgent problems and difficulties encountered in training employees of state protection units in the discipline “fire training”, which is one of the priority areas of professional training. And also some proposals were formed to optimize and improve the educational process aimed at more effective assimilation of theoretical knowledge, development and improvement of practical skills and skills in the use of firearms by employees of state protection units when solving operational and official tasks related to the implementation of security measures “personal protection “.
Keywords: organization, tactics, educational process, fire training, ensuring the safety of persons, state protection, personal protection.
Bibliographic list of articles
1. Mikhalev S.V., Apasov V.A., Artyushenko E.I. [etc.]. Activities of units to ensure the safety of persons subject to state protection: A textbook in 3 parts. – Ufa: Ufa Law Institute of the Ministry of Internal Affairs of the Russian Federation, 2023. – 208 p. – ISBN 978-5-7247-1175-3. – EDN AESQKA.
2. Muzafin R. R., Vyshtikalyuk V. F., Koshevets G. V. Fire training as a condition for the formation of psychological stability of cadets of the Ministry of Internal Affairs University // Eurasian Legal Journal. – 2023. – No. 1 (176). – pp. 382-383. – EDN QLFXFC.
EDAGOGY AND LAW
ZORINA Natalya Sergeevna
senior researcher of the Department for Improving Legal Regulation of the Penitentiary System of the Center for the Study of Problems of Management and Organization of the Execution of Sentences in the Penitentiary System of the Federal State Institution “Research Institute of the Federal Penitentiary Service”
PROBLEMS OF ADAPTATION OF JUVENILE CONVICTS IN CONDITIONS OF AN EDUCATIONAL COLONY
Within the framework of this article, the problems of adaptation of juvenile convicts in an educational colony are considered. Special attention was paid to the problems of social adaptation of juvenile convicts, which can have a negative impact on the pedagogical process. Some of the methods of work of teachers that are able to accelerate the adaptation of a minor and correct his behavioral deviations were described. The measures of encouragement that can be applied to people who show positive adaptation results were also described.
Keywords: adaptation, social disintegration, teacher, educational process, correction, minor
Bibliographic list of articles
1. Koshkina I.G., Shevchugova V.A. Organization of labor and social adaptation of minors in correctional institutions // Management and economics of the national economy of Russia: collection. – 2022. – P. 199. Current problems of social adaptation of minors convicted in conditions of imprisonment (using the example of the Kansk Educational Colony of the Federal Penitentiary Service of Russia in the Krasnoyarsk Territory) // Modern Science. – 2020. – No. 6-1. – P. 397-402.
2. Moskvina E. V., Strizhova E. V. Peculiarities of adaptation of adolescents to the conditions of an educational colony //BBK 65.26 C 387. – 2021. – P. 81.
3. Khokhlova M. M. Current problems of social adaptation of minors convicted in conditions of imprisonment (using the example of the Kansk Educational Colony of the Federal Penitentiary Service of Russia in the Krasnoyarsk Territory) // Modern Science. – 2020. – No. 6-1. – P. 397-402.
4. Yashin A. O. Social adaptation of juvenile convicts // E-Scio. – 2022. – No. 8 (71). – pp. 126-133.
EDAGOGY AND LAW
ISHMAEV Danil Fanirovich
lecturer of Special training sub-faculty of the Ufa Law Institute of the MIA of Russia
SHAPOCHANSKIY Vladimir Nikolaevich
senior lecturer of Fire training sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk
KOTELNIKOV Nikolay Sergeevich
lecturer of Tactical and special training sub-faculty of the Barnaul Law Institute of the MIA of Russia
ACTUAL PROBLEMS OF FIRE TRAINING OF CADETS AND STUDENTS OF EDUCATIONAL ORGANIZATIONS OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
The presented article is devoted to the modern problems of fire training of students in educational organizations of the Ministry of Internal Affairs of Russia. Acting as one of the dominant elements of the professional training of a law enforcement officer, fire training is a purposeful process designed to form the skills and abilities of using firearms. The authors have made attempts to study the most important factors influencing the formation and improvement of skills and abilities of accurate fire from firearms, and also proposed some recommendations for optimizing fire training classes in educational organizations of the Ministry of Internal Affairs of Russia.
Keywords: fire training, cadets and trainees, students, the Ministry of Internal Affairs of Russia, firearms, aiming, Makarov pistol, reaction.
Bibliographic list of articles
1. FiRushin T. A. Modern methods of teaching fire training to employees of internal affairs bodies // Improving fire and tactical-special training of law enforcement officers: a collection of materials from the All-Russian round table. – 2017. – pp. 216-218.
2. Gedgafov M. M. Formation of professional readiness among police officers for the lawful use of firearms // Journal of Applied Research. – 2022. – No. 4. – P. 89-93.
3. Zhamborov A. A. Some issues of improving fire training for internal affairs officers // Eurasian Legal Journal. – 2019. – No. 1 (128). – pp. 334-336.
EDAGOGY AND LAW
KANUKOEV Astemir Musovich
Ph.D. in pedagogical sciences, senior lecturer of Physical training sub-faculty of the North-Caucasian Advanced Training Institute (branch) of the Krasnodar University of the MIA of Russia, captain of police
KODZOKOV Aznaur Khasanovich
Ph.D. in pedagogical sciences, senior lecturer of Physical training sub-faculty of the North-Caucasian Advanced Training Institute (branch) of the Krasnodar University of the MIA of Russia, major of police
PHYSICAL TRAINING IS AN IMPORTANT COMPONENT OF THE PROFESSIONAL DEVELOPMENT OF STUDENTS OF EDUCATIONAL ORGANIZATIONS OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
Physical training of students in educational institutions of the Ministry of Internal Affairs of Russia is one of the most important components of their training and professional development. Realizing that in modern conditions of law enforcement, students have to face crime face to face, and often such clashes are associated with the use of physical force, it should be remembered that neglecting physical exercises and sports can cost a servant of order not only health , but also life. In addition, remembering the trend of development of martial arts in our country and the criminal element is not inferior, and sometimes surpasses law enforcement officers in its indicators and skills, it should be noted that physical training is one of the fundamental elements of the formation of professional competencies of students of educational organizations of the Ministry of Internal Affairs of Russia.
Keywords: students of educational organizations of the Ministry of Internal Affairs of Russia, physical training, physical activity, psychological stability, professional competence.
Bibliographic list of articles
1. Afov A. Kh. Physical culture and sports as the main component of improving the professionally important physical qualities of Russian police officers // Gaps in Russian legislation. – 2023. – T. 16. No. 4. – P. 78-82.
2. Beshtoev R. O. Physical training as the main element of training for employees of internal affairs bodies of Russia // Gaps in Russian legislation. – 2023. – T. 16. No. 4. – P. 120-124.
3. Gubzhokov A. Kh. Current issues in the formation of professionally important physical qualities among police officers // Law and Management. – 2023. – No. 11. – P. 430-434.
4. Krymshokalov A. Z., Thazeplov R. L. Current problems of developing professionally important physical qualities among police officers // In the collection: The best pedagogical work 2021. collection of articles of the International Research Competition. – Penza, 2021. – pp. 124-127.
5. Mayorov V.I. Current problems of professional development of employees of internal affairs bodies // In the collection: Current problems of police law. Materials of the international scientific and practical conference. – Omsk, 2022. – pp. 43-50.
6. Khromov A. M. The role of physical training in the development of professionally significant physical and personal qualities of students of educational organizations of the Ministry of Internal Affairs of Russia // Gaps in Russian legislation. – 2023. – T. 16. No. 4. – P. 140-144.
EDAGOGY AND LAW
KIM Vadim Olegovich
Head of Physical training sub-faculty of the Ufa Law Institute of the MIA of Russia
IVANCHENKO Evgeniy Sergeevich
Ph.D. in pedagogical sciences, Head of Physical training sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk
SHEVCHENKO Anton Rostislavovich
associate professor of Physical training sub-faculty of the Siberian Law Institute of the MIA of Russia, Krasnoyarsk
PHYSICAL TRAINING OF UNITS TO ENSURE THE SAFETY OF PERSONS SUBJECT TO STATE PROTECTION: ESSENCE, GOALS, TASKS, MAIN CONCEPTS
The relevance of the topic of this study is due to the fact that proper physical training of employees of the Ministry of Internal Affairs of Russia is the most important guarantee of effective activity of internal affairsbodies in solving the tasks facing them. The right to use physical force, enshrined in art. 18 of the Federal Law “On Police”, assumes that an employee of the Ministry of Internal Affairs of Russia has the skills to, on the one hand, use physical force as effectively as possible in cases provided for by law, on the other hand , to prevent excessive, clearly exceeding the limits required by the situation, physical impact on the offender. Proper physical skills are especially in demand among employees of departments performing complex special tasks, including in the field of protection of persons subject to state protection.
Keywords: physical training of units to ensure the safety of persons subject to state protection, physical activity, sports, physical exercises, strength training, special level of training.
Bibliographic list of articles
1. 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. Lukyanov, 2022. – P. 30-33. – EDN OKKFHP.
2. Stepanov G.I., Babin A.V., Zinnatov R.R. Current problems in the formation of professional skills in the implementation of combat fighting techniques among employees of departments of internal affairs bodies // Eurasian Legal Journal. – 2021. – No. 2 (153). – pp. 373-374. – EDN PJYBBV.
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. – EDN DCFRSL.
EDAGOGY AND LAW
KUROCHKIN Alexander Sergeevich
senior lecturer of Tactical and special training sub-faculty of the Rostov Law Institute of the MIA of Russia
TARANIN Mikhail Alexandrovich
lecturer of Special disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, Simferopol, major of police
KADYMOV Aidar Amirovich
lecturer of Special training sub-faculty of the Ufa Law Institute of the MIA of Russia, major of police
MURASHKO Alexander Vladimirovich
lecturer of Fire training sub-faculty of the Voronezh Institute of the MIA of Russia, captain of police
INNOVATIVE EDUCATIONAL TECHNOLOGIES USED IN UNIVERSITIES OF THE MINISTRY OF INTER-NAL AFFAIRS OF RUSSIA
This article examines the possibilities of using innovative technologies in the educational process of a university of the Ministry of Internal Affairs of Russia. In particular, the possi-bilities of using augmented reality technology, work in forensic complexes (landfills), laboratories equipped with technical means to work out the skills of identifying criminally significant information using software are considered. The authors note that augmented reality and virtual reality technologies can in no way replace traditional forms of learning. They complement existing forms, methods, and learning tools.
Keywords: innovative technologies, augmented reality technologies, educational process, educational technologies.
Bibliographic list of articles
1. Lapshova A.V., Urakova E.A., Sidorov A.N. Innovative technologies of vocational training // Problems of modern pedagogical education. – 2021. – No. 73-1. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/innovatsionnye-tehnologii-professionalnogo-obucheniya (date of access: 03/18/2024).
2. Mikhail I. I., Prokhorenko A. A. Application of augmented and virtual reality technologies in the educational process in the discipline “physical training” // Scientific notes of Lesgaft University. – 2018. – No. 5 (159). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/primenenie-tehnologiy-dopolnennoy-i-virtualnoy-realnosti-v-obrazovatelnom-protsesse-po-distsipline-fizicheskaya-podgotovka (date of access: 03/18/2024).
3. Platonova N. A. Modern teaching technologies // Bulletin of the Shadrinsk State Pedagogical University. – 2019. – No. 3 (43). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sovremennye-tehnologii-obucheniya-2 (date of access: 03/18/2024).
4. Razbegaev P.V. Innovative technologies in the educational system of the Ministry of Internal Affairs of the Russian Federation // MNKO. – 2022. – No. 4 (95). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/innovatsionnye-tehnologii-v-obrazovatelnoy-sisteme-mvd-rf (date of access: 03.18.2024).
5. Tukhvatullin B. T. Innovative direction in trainingcadets of universities of the internal troops of the Ministry of Internal Affairs of Russia // Young scientist. – 2012. – No. 7 (42). – pp. 324-326. – [Electronic resource]. – Access mode: https://moluch.ru/archive/42/5134/ (date of access: 03/18/2024).
6. Khusnutdinov G. R., Karpov E. N., Karamelsky R. V. Application of innovative pedagogical technologies in the educational organization of the Ministry of Internal Affairs of the Russian Federation // Vestnik KazGUKI. – 2019. – No. 1. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/primenenie-innovatsionnyh-pedagogicheskih-tehnologiy-v-obrazovatelnoy-organizatsii-mvd-rf (date of access: 03/21/2024).
EDAGOGY AND LAW
TARASOVA Anna Igorevna
specialist in youth work of the Department of Educational work Organization of the Department of Educational Work of the I. S. Turgenev Oryol State University
POZDNYAKOVA Kristina Andreevna
postgraduate student of the I. S. Turgenev Oryol State University
SHANENKOVA Mariya Maksimovna
bachelor of the Institute of Foreign Languages of the I. S. Turgenev Oryol State University
THE EMERGENCE AND DEVELOPMENT OF PEDAGOGICAL TECHNOLOGIES IN THE EDUCATIONAL PROCESS
The article examines the role of legal norms and regulations in the formation and development of pedagogical technologies in the modern educational process. The authors analyze historical and modern approaches to the use of technology in education, identifying key laws and regulations that govern this area. Also, the article discusses the history of the emergence and evolution of pedagogical technologies in the context of the educational process. The authors consider various methods and approaches that have been used in education over time, and also evaluate their impact on the effectiveness of learning. Overall, the article provides an overview and analysis of key aspects of the development of educational technologies and their importance for modern educational practice.
Keywords: legal norms, law, pedagogical technologies, collective learning, project method, multimedia technologies, online courses, educational process, higher education, training, teaching methods at a university, individualization of learning.
Bibliographic list of articles
1. Azarov Yu. P. Secrets of pedagogical mastery: Proc. manual: Educational method. allowance / Ross. acad. education. Moscow psychol.-social int. – Moscow: Publishing house Moscow. psychol.-social Institute; Voronezh: MODEK, 2004 (FSUE IAP Voronezh). – 430 pp.
2. Bespalko V. P. Components of pedagogical technology. – Moscow: Pedagogy, 1989. – 190 p.
3. Bguashev A. B., Ioakimidi Yu. A., Karyagina N. V. Project method as a direction in improving the physical education of schoolchildren // MNKO. – 2021. – No. 3 (88). – pp. 234-236.
4. Kuznetsov V. S., Kolodnitsky G. A. Theory and history of physical culture. – Moscow: KnoRus, 2020. – 448 p.
5. Surtaeva N.N. Pedagogical technologies: textbook. manual for bachelor’s and master’s degrees. – 2nd ed., rev. and additional – Moscow: Yurayt Publishing House, 2019. – 250 pp.
6. Shchurkova N. E. Pedagogical technology: a textbook for students of higher educational institutions studying in specialties 050711 (031300) – social pedagogy; 050701 (033400) – pedagogy. – 2nd ed., add. – Moscow: Ped. island of Russia, 2005. – 255 p.
EDAGOGY AND LAW
TIMOFEENKO Veronika Andreevna
Ph.D. in philosophical sciences, associate professor of Economics and humanitarian-legal disciplines sub-faculty of the A. P. Chekhov Taganrog Institute (branch) of the Rostov State University of Economics (RINE)
SERDYUKOVA Yuliya Alexandrovna
Ph.D. in Law, associate professor, Head of Economics and humanitarian-legal disciplines sub-faculty of the A. P. Chekhov Taganrog Institute (branch) of the Rostov State University of Economics (RINE)
SAMOYLOVA Irina Nikolaevna
Ph.D. in philosophical sciences, associate professor, Deputy Dean of the Faculty of Law of the A. S. Griboedov Moscow University
STRATEGIES FOR RE-SOCIALIZATION OF MINORS WHO COMMITTED OFFENSE
This article examines the problem of resocialization of minors in the context of interaction between family, educational institutions and law enforcement agencies. The issue of resocialization of juvenile convicts is relevant at the present time, has theoretical and practical importance, which requires subsequent scientific research in this area, as well as in practice, certain models and trends of resocialization that will strive for perfection over time, in addition, modern political conditions also require research into resocialization for juvenile offenders and their social environment that influences their success in the resocialization process.
Keywords: socialization, minors, crime, state, youth environment, educational process, law.
Bibliographic list of articles
1. Andreeva G. M. Social psychology. – M.: Moscow Publishing House, 2020. – 416 p.
2. Babayan S. L. On the issue of post-penitentiary resocialization // Penitentiary science. – 2016. – No. 12. – 13-19 p.
3. Gusarov P. N. Resocialization and adaptation of convicts: problems and prospects of the penitentiary system in Russia // Young scientist. 2021. – No. 22. – P. 270-273.
4. Egorov A.G. Conditions for the socialization of juvenile offenders. – M., 2018. – 280 pp.
5. Shchennikova S.V. Contents and methods of psychosocial work in the system of social work / Textbook. – Arzamas, 2023. – 80 p.
6. Yaylenko A. A. Problems of adolescence // Smolensk Medical Almanac. – 2016. – No. 4. – P. 198-206.
EDAGOGY AND LAW
TKHAGALEGOV Azamat Arsenovich
lecturer of Physical training sub-faculty of the North-Caucasian Advanced Training Institute (branch) of the Krasnodar University of the MIA of Russia), senior lieutenant of police
MODERN PROBLEMS OF PHYSICAL TRAINING OF POLICE OFFICERS
Police officers carry out extremely important functions in the state, while carrying out multifaceted activities. In modern conditions of an increase in the number of various offenses, the requirements for the level of physical training of police officers are increasing. In order for the police to really be able to fulfill their mission to protect human life, health, rights and freedoms, to combat crime, to protect public order and ensure public safety, a police officer must have the necessary knowledge, skills and abilities in the field of public order protection, in the field of legal grounds and tactics of the use of physical force. The main problems of physical training of police officers include a high level of stress, the ineffectiveness of traditional methods of physical training, as well as a lack of time and resources for training. They show the current state of the physical training of police officers. As a solution to these problems, we can offer modern and realistic training methods that reflect the real situations faced by police officers.
Keywords: police officers, physical training, modern information technologies, motor skills, functional training, tactical training, endurance training, multidimensional training.
Bibliographic list of articles
1. Beshtoev R. O. Physical training as the main element of training for employees of internal affairs bodies of Russia // Gaps in Russian legislation. – 2023. – T. 16. No. 4. – P. 120-124.
2. Kanukoev A. M., Kodzokov A. Kh. Ways to improve professional-applied physical training of employees of the Ministry of Internal Affairs of Russia // Law and Management. – 2023. – No. 3. – P. 90-94.
3. Khromov A. M. The role of physical training in the development of professionally significant physical and personal qualities of students of educational organizations of the Ministry of Internal Affairs of Russia // Gaps in Russian legislation. – 2023. – T. 16. No. 4. – P. 140-144.
4. Tashchiyan A. A. Physical training in the professional activities of police officers // In the collection: Improving the physical training of law enforcement officers. Collection of articles from the All-Russian Round Table. Editorial Board: S. N. Barkalov [and others]. – 2020. – pp. 202-204.
5. Thazeplov R. L. Modern problems of physical training of employees of internal affairs bodies and ways to solve them // Gaps in Russian legislation. – 2023. – T. 16. No. 4. – P. 98-103.
6. Cherkesov R. M., Nastuev E. B., Chechenov B. Kh., Achieva N. E. Modern problems of physical training of internal affairs officers and ways to solve them // Physical culture and health. – 2022. – No. 2 (82). – pp. 54-57.
EDAGOGY AND LAW
TKHAZEPLOV Rustam Leonidovich
senior lecturer of Physical training sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia
BITTIROV Rasul Mukhtarovich
senior lecturer of the Institute of Pedagogy, Psychology and Physical Education and Sports Education of the H. M. Berbekov Kabardino-Balkarian State University, Nalchik
THE PHILOSOPHICAL AND LEGAL ASPECT OF THE INFLUENCE OF THE PRINCIPLES OF PHYSICAL CULTURE AND SPORTS ON THE LEVEL OF PERSONAL DEVELOPMENT OF A PERSON AND SOCIETY AS A WHOLE
One of the types of activity, mainly engaged in which an individual can ensure for himself the process of personal and social development is sports and physical education. The uniquenessof this direction lies in the fact that the factor of professional purpose in this case is in combination with mental and behavioral rules. The article attempts to evaluate the philosophical and legal model of the influence of the fundamental principles of physical culture and sports on the factors of personal growth of a person, his individual characteristics and, as a result, the impact on the development of society as a whole.
Keywords: physical education, sports, functions, personality, professional qualities, life principles, self-realization, philosophy, law.
Bibliographic list of articles
1. Volodko M.V. Physical culture and sport as social phenomena of society (Legal basis) // Bulletin of Perm University. Legal sciences. – 2009. – No. 4. – P. 15-18.
2. Savin G. L., Purygina M. G., Boyko G. M. Sport is the main social phenomenon of human cultural life // Young scientist. – 2021. – No. 26. – P. 324-325.
3. Smirnov N. G. Physical culture as a factor in the social development of personality in modern Russian society: Abstract of Ph.D. dissertations. – St. Petersburg, 1995. – pp. 33-34.
4. Fedorovskaya M. Yu. Sport as a sociocultural phenomenon of our time and its leading functions // Sociodynamics. – 2019. – No. 5. – P. 1-14.
EDAGOGY 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”
THE INFLUENCE OF SOCIALLY NEGATIVE PROPERTIES OF THE FAMILY ON JUVENILE DELINQUENCY
In this article, the author analyzes the influence of socially negative properties of the family on juvenile delinquency. The study reflects such negative qualities of the family as its inferiority, the aggressiveness of parents towards children and other negative aspects of the upbringing of minors. Also, the article suggests measures to improve the criminogenic situation in the field of juvenile delinquency. First of all, the need for preventive work with the parents of children was identified.
Keywords: deviant behavior, juvenile, criminality, repetition, offense.
Bibliographic list of articles
1. Malyushina Yu. A. Psychological correction and prevention of criminal motivation of juvenile offenders: dissertation for the degree of candidate of psychological sciences: 5.3. 4: dis. – b. i., 2023.
2. 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.
3. Mukhina. T.K. Causes and factors of family troubles // Responsible editor. – 2020. – P. 43.
4. Pronin V. Family troubles as a factor in the development of deviant forms of behavior in minors // International Journal of Medicine and Psychology. – 2021. – T. 4. No. 4. – P. 58-64.
5. Ryzhova O. A. Features of juvenile delinquency and preventive measures in modern conditions // Science. Society. State. – 2020.– T. 8. No. 2 (30). – pp. 131-143.
EDAGOGY AND LAW
PHAN Mi Lan
lecturer of the Faculty of Foreign Languages of the People’s Security Academy
CHAT GPT’S APPLICATION IN TEACHING AND LEARNING CHINESE IN VIETNAM PEOPLE’S POLICE SCHOOLS – OPPORTUNITIES AND CHALLENGES
Chinese is one of the languages commonly taught not only in universities in Vietnam but also in People’s Police schools. Increasingly practical requirements require Chinese language teaching staff to improve their professional qualifications and innovate teaching forms and methods. Currently, the boom of GPT Chat brings opportunities and challenges for teaching and learning. Within the scope of this article, the author points out the opportunities and challenges in teaching and learning Chinese at People’s Police schools.
Keywords: police, Chat GPT, teaching and learning, language, Chinese.
Article bibliographyphysical list
1. Communist Party of Vietnam Documents of the 13th National Congress, Volume 2, Publishing House. National politics of truth. Hanoi, 2021. P. 89.
2. Nguyen Cong Minh. GPT Chat – a breakthrough in the technology of using artificial intelligence // Banking Journal. 2023. No. 3. P. 46.
3. Do Men “How GPT Chat Is Posing Problems for Education.” Electronic magazine VnEconomy. 2023. [Electronic resource]. – Access mode: https://vneconomy.vn/chatgpt-tao-ra-thach-thuc-voi-nganh-Giao-duc-nhu-nao.htm
4. Nguyen Thi Van Anh, Dao Thi Hoat. The benefits that GPT Chat brings mainly in the field of education // Educational equipment. 2023. No. 5. P. 18-24.
5. Chuong Nha Dinh, To Han (translator). How GPT chat affects education // Chinese education. 2023. No. 2. Beijing, China.
6. Vincent J. “GPT Chat Proves AI Has Finally Gone Mainstream—And It’s Only Going to Get Weirder From Here.” // The Verge. 2022.
7. Ruz K. The genius and strangeness of the GPT chat. New York Times, 2022.
EDAGOGY AND LAW
KODZOKOV Aznaur Khasanovich
Ph.D. in pedagogical sciences, senior lecturer of Physical training sub-faculty of the North-Caucasian Advanced Training Institute (branch) of the Krasnodar University of the MIA of Russia, major of police
KANUKOEV Astemir Musovich
Ph.D. in pedagogical sciences, senior lecturer of Physical training sub-faculty of the North-Caucasian Advanced Training Institute (branch) of the Krasnodar University of the MIA of Russia, captain of police
ASPECTS OF GENERAL AND SPECIAL PHYSICAL TRAINING OF STUDENTS OF EDUCATIONAL ORGANIZATIONS OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
Physical training, implemented in educational organizations of the Ministry of Internal Affairs of Russia, is divided into two groups – general and special. General physical training classes are aimed at strengthening health, as well as preparing the body for heavy loads in the future. In the process of general physical training, a gradual, uniform development of the general physical parameters of the body of the trainee is carried out. As a result, the main goal of general physical training is to increase the overall performance of the human body. Specialists of physical culture and sports note that general physical training is the basis for the superstructure of special physical training. Special physical training pursues completely different goals and the ways to achieve them differ in many ways from the general one. In the process of special physical training, students master the techniques of wrestling and forceful detention, which requires the development of special motor skills. Special physical training implies a sufficiently high level of general physical fitness.
Keywords: students of educational organizations of the Ministry of Internal Affairs of Russia, general physical training, special physical training.
Bibliographic list of articles
1. Beshtoev R. O. Physical training as the main element of training for employees of internal affairs bodies of Russia // Gaps in Russian legislation. – 2023. – T. 16. – No. 4. – P. 120-124.
2. Gubzhokov A. Kh. Current issues in the formation of professionally important physical qualities among police officers // Law and Management. – 2023. – No. 11. – P. 430-434.
3. Dybov V. E., Belyakova K. Yu., Tarasov V. A. On professional-applied physical training of cadets of educational organizations of the Ministry of Internal Affairs of Russia // In the collection: Issues of improving physical, tactical-special and fire training of police officers for operational official activities. Materials of the All-Russian Scientific and Practical Conference. – Volgograd, 2022. – pp. 51-54.
4. Kodzokov A. Kh. Physical training of employees of internal affairs bodies as a factor in increasing the effectiveness of the fight against crime // Gaps in Russian legislation. – 2022. – T. 15. No. 5. – P. 32-36.
5. Krymshokalov A. Z., Thazeplov R. L. Current problems of developing professionally important physical qualities among police officers // In the collection: The best pedagogical work 2021. collection of articles of the International Research Competition. – Penza, 2021. – pp. 124-127.
Psychology and Law
KARAVAEV Alexander Alexandrovich
Ph.D. in Law, associate professor of Administrative activities of internal affairs bodies sub-faculty of the Voronezh Institute of the MIA of Russia, lieutenant colonel of police
GALYAUTDINOV Rustem Flurovich
senior lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia, lieutenant colonel of police
MERKAZOVA Valentina Anatoljevna
lecturer of Special disciplines sub-faculty of the Crimean branch of Krasnodar University of the MIA of Russia, major of police
IVANOV Sergey Ivanovich
lecturer of the Cycle of Cynology of the Ufa School for Training Dog Handlers of the MIA of Russia
FEATURES OF PSYCHOLOGICAL IMPACT IN THE ACTIVITIES OF A POLICE OFFICER
This article discusses the main technologies of psychological influence of police officers against offenders. The authors analyze the term “psychological impact”, as well as highlight the principles and requirements that psychological impact technologies must meet. As the main types of psychological impact the authors include: persuasion, suggestion, infection and imitation. As a conclusion, the authors note that knowledge of technologies of legitimate psychological impact on offenders will help a police officer in exposing criminals, in effectively uncovering and investigating crimes.
Keywords: police officers, psychological impact, influence, persuasion, suggestion, imitation.
Bibliographic list of articles
1. Abrosimov S.V. Application of psychological influence by law enforcement officers in the process of professional activity // Philosophy of Law. – 2008. – No. 4 (29). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/primenenie-psihologicheskogo-vozdeystviya-sotrudnikami-pravoohranitelnyh-organov-v-protsesse-professionalnoy-deyatelnosti (date of access: 03/25/2024).
2. Kolmakova D. A. Psychological means and techniques used in law enforcement agencies in solving professional problems // Bulletin of Science. – 2024. – No. 1 (70). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/psihologicheskie-sredstva-i-priemy-ispolzuemye-v-pravoohranitelnyh-organah-pri-reshenii-professionalnyh-zadach (date of access: 03/25/2024).
3. Krysko V. G. Secrets of psychological warfare. – M.: Harvest, Commando, 1999. – 448 p.
4. Cherevko I.M., Nikonovich S.L., Beketov V.A. Psychological influence on the interrogated as a condition for obtaining truthful testimony // Police and investigative activities. – 2016. – No. 3. – P. 24-31. – DOI: 10.7256/2409-7810.2016.3.20395. – [Electronic resource]. – Access mode: https://nbpublish.com/library_read_article.php?id=20395.
5. Sharafutdinova N.V. Impact, psychological impact, influence, psychological influence: scientific definitions of concepts // Psychology and pedagogy of service activities. – 2022. – No. 4. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/vozdeystvie-psihologicheskoe-vozdeystvie-vliyanie-psihologicheskoe-vliyanie-nauchnye-opredeleniya-ponyatiy (date of access: 03/25/2024).
Psychology and Law
PUGACHEV Alexey Valerjevich
associate professor of Fire training sub-faculty of the Voronezh Institute of the MIA of Russia, colonel of police
MUSAFIN Radim Radifovich
lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia, major of police
BOLOBAN Maxim Leonidovich
lecturer of Tactical and special training sub-faculty of the Rostov Law Institute of the MIA of Russia, captain of police
KOSOVSKIY Vladislav Borisovich
lecturer of Special disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, Simferopol, major of police
TYPES OF COMMUNICATION BARRIERS IN THE ACTIVITIES OF POLICE OFFICERS AND WAYS TO OVERCOME THEM
This article analyzes the term “communication barrier”. The authors consider various types of communication barriers that arise in the process of communication between police officers and citizens. The authors consider cultural, linguistic, emotional, physical, psychological, etc. as the main barriers to communication. The authors describe ways to overcome these barriers and focus on the need to develop communication skills among police officers.
Keywords: communication barrier, communication barrier, police officer, communication, professional communication.
Bibliographic list of articles
1. Basharova O. G., Timokhina A. V. Methods of overcoming communication barriers in business communication // Humanitarian, socio-economic and social sciences. – 2022. – No. 7. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sposoby-preodoleniya-kommunikativnyh-barierov-v-delovom-obschenii (date of access: 03/27/2024).
2. Gareev R. T. Communication barriers and techniques for overcoming them // Economics and society. – 2016. – No. 3 (22). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kommunikativnye-bariery-i-priemy-ih-preodoleniya-1 (date of access: 03/27/2024).
3. Krainyukova A.K., Nizhelskaya Yu.A. Communication barriers and overcoming them // Bulletin of Science. – 2023. – No. 6 (63). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kommunikativnye-bariery-i-ih-preodolenie-1 (date of access: 03/27/2024).
4. Pechenkova E. A., Artemyev A. S. Tasks and results of psychological influence in the interests of conflict resolution at the stage of preliminary investigation // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2013. – No. 4. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/zadachi-i-rezultaty-psihologicheskogo-vozdeystviya-v-interesah-razresheniya-konfliktov-na-etape-predvaritelnogo-rassledovaniya (date of access: 03/25/2024).
5. Pogonina E. A., Leshchenko N. G. Phenomenological-hermeneutic analysis of communication barriers // Kant. – 2021. – No. 4 (41). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/fenomenologo-germenevticheskiy-analiz-kommunikativnyh-barierov (date of access: 03/27/2024).
6. Usmanova E. F. Communication barriers in the activities of law enforcement officers // Humanitarian and political-legal studies. – 2021. – No. 4 (15). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kommunikativnye-bariery-v-deyatelnosti-sotrudnikov-pravoohranitelnyh-organov (date of access: 03.27.2024).
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
SHAGIEVA Gulnara Rifovna
senior lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia, lieutenant colonel of police
STRIZHENOV Alexey Vyacheslavovich
senior lecturer of Fire training sub-faculty of the Voronezh Institute of the MIA of Russia, lieutenant colonel of police
VAFIN Vadim Vazirovich
lecturer of the cynology cycle, of the Ufa School for Training Dog Handlers of the MIA of Russia, lieutenant colonel of police
STRATEGIES FOR RESOLVING CONFLICT SITUATIONS IN THE ACTIVITIES OF POLICE OFFICERS
This article analyzes conflict resolution models. The approaches of various authors to understanding conflict resolution models are presented. The authors conclude that the most effective conflict resolution strategy is cooperation, but the choice of model still depends on the specific situation, the type of conflict, the subjects involved in the conflict, the motives of the subjects, the causes and conditions in which the conflict occurs.
Keywords: conflict, psychology of conflict, conflict situation, conflict resolution models, conflict resolution strategies.
Bibliographic list of articles
1. Kazhura N.V. The concept of “conflict” // Bulletin of magistracy. – 2023. – No. 2-1 (137). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ponyatie-konflikt (date of access: 02/05/2024).
2. Neustroeva O. V. Models and strategies for conflict resolution // Eurasian scientific journal. – 2015. – No. 10. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/modeli-i-strategii-razresheniya-konfliktov (date of access: 02/05/2024).
3. Rodin V.F., Maryasis I.B. Psychology of conflict resolution in internal affairs bodies // Psychology and pedagogy of service activities. – 2022. – No. 1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/psihologiya-razresheniya-konfliktov-v-ovd (date of access: 02/05/2024).
4. Tsvetkov V. L. Psychology of conflict: from theory to practice. – Moscow: Unity, 2015. – 183 pp.
5. Shoranova Z.V., Begieva B.M. Prevention and resolution of social conflicts // Questions of science and education. – 2022. – No. 5 (161). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/profilaktika-i-razreshenie-sotsialnyh-konfliktov (date of access: 02/05/2024).
STATE AND LAW
GAREEV Eduard Sagidullovich
Ph.D. in philosophical sciences, Head of Social and political communications sub-faculty of the Institute of Petroleum and Gas Business of the Ufa State Petroleum Technical University
ULANOV Alexey Alexandrovich
Ph.D. in philosophical sciences, associate professor of Social and political communications sub-faculty of the Institute of Petroleum and Gas Business of the Ufa State Petroleum Technical University
BONDARENKO Alexander Viktorovich
Ph.D. in philosophical sciences, associate professor of Social and political communications sub-faculty of the Instituteof Petroleum and Gas Business of the Ufa State Petroleum Technical University
LUKIYANOV Mikhail Yurjevich
Ph.D. in political sciences, associate professor of Social and political communications sub-faculty of the Institute of Petroleum and Gas Business of the Ufa State Petroleum Technical University
THE STATE OF THE FUTURE: TOPICAL PROBLEMS OF SOCIO-ECONOMIC AND POLITICAL-LEGAL DEVELOPMENT
The article discusses topical problems of political, legal and socio-economic development of the state. New priorities and approaches have been identified in addressing the underlying determinants. The role of universities is indicated, on the one hand, as centers for studying trends and prospects for the development of the political, legal and socio-economic spheres of society, and, on the other, as discussion platforms for the development and mutually beneficial exchange of thoughts and ideas.
Keywords: state, law, economy, actual development problems.
STATE AND LAW
DONSKOY Oleg Olegovich
postgraduate student, specialization: “Public-Legal (State-Legal) Sciences” of the Institute of Law of Patrice Lumumba Peoples Friendship University of Russia
PUBLIC LEGAL REGULATION OF THE PROTECTION OF COMMERCIALLY SIGNIFICANT INFORMATION IN THE UK CHEMICAL INDUSTRY
This article examines the mechanisms of legal regulation of protection of commercially sensitive information in the UK chemical industry. In the context of a rapidly evolving and competitive industry, ensuring the privacy and security of commercially sensitive information is becoming a priority for chemical companies. The article analyzes key mechanisms such as the Trade Secrets Succession Act, the Data Protection Act, and patent law, their role in ensuring the protection of information and how they are applied in the context of the chemical industry. The influence of judicial precedent in shaping jurisprudence in the area of commercial information protection is also examined. The mechanisms are evaluated and the priority of the combined method of ensuring the protection of commercially sensitive information is concluded. The article provides an overview and analysis of the mechanisms that can assist chemical companies in ensuring the security and privacy of their commercially sensitive data in the UK.
Keywords: commercially sensitive information, mechanisms, legal regulation, UK legislation, chemical industry, confidentiality.
Bibliographic list of articles
1. Adetona A. The Effect of Mergers and Acquisitions on the Management of Intellectual Property: A Case of the European Chemical Industry [Online]. Leeds Beckett University. – 2022.
2. Jones A. Intellectual Property and the Nature of Science // Cultural Studies. – Taylor & Francis, 2020. – pp. 145-164.
3. Silbey J. Questions of Intellectual Property and Fundamental Values in the Digital Age // Marq. Intel. Prop. & Innovation L. Rev. – 2023. – T. 27. – P. 1.
POLICY AND LAW
DO Dieu Huong
Official of the People’s Security Academy
APPLYING CIPO MODEL IN TRAINING MANAGEMENT IN CRIMINAL INVESTIGATION AT POLICE ACADEMIES AND UNIVERSITIES
The article discusses the application of an appropriate learning management model that is extremely important for improving the efficiency of educational institutions. The article introduces and proposes to apply the CIPO model in training management in criminal investigation at police academies and universities. Thereby, the author recommends 3 groups of measures: input-managing measures, process- managing measures, output-managing measures.
Keywords: CIPO model, training management, criminal investigation, police academies and universities.
Bibliographic list of articles
1. Nguyen Huu Thiau. The quality of education. Theoretical and practical issues. – Hanoi: Education Publishing House, 2008.
2. Tran Khanh Duc. Education and human resource development in the 21st century. – Hanoi: Education Publishing House, 2009.
3. Tran Khanh Duc. Management and accreditation of the quality of training in accordance with ISO and TQM. – Hanoi: Education Publishing House, 2004.
4. Nguyen Dac Hoan. Investigator in criminal proceedings in Vietnam. – 2001.
5. Police College Series 2 Police Training – Quality Assurance in Training, Center of Excellence in Police Training and Development. – 2013.
6. Rick D. Giovengo Law Enforcement Training. – CRC Press. 2016.
7. Jaap Scherens. Study of school effectiveness and development of indicators of the school functioning process. MInternational Encyclopedia of the Social and Behavioral Sciences, 2nd edition. – Oxford. 1990.
SOCIOLOGY AND LAW
ASANALIEV Ulanbek Askarbekovich
Ph.D. in political sciences, associate professor K. Karasaev Bishkek State University, Doctoral student of the Institute of Philosophy and Political and Legal Studies of the National Academy of Sciences of the Kyrgyz Republic
BREDIKHIN Anton Viktorovich
Ph.D. in historical sciences, Leading Researcher at the Institute of China and Modern Asia of the Russian Academy of Sciences
THE ROLE OF THE SCO FOR THE EAEU COUNTRIES IN THE MODERN PERIOD
The SCO countries are regionally close countries that have a lot in common and a combination of factors such as stable political systems and openness of national economies, all this makes the SCO member countries reliable partners in mutually beneficial cooperation, trade, cultural and tourist exchange, joint investment in priority sectors.
Keywords: SCO, EAEU, international security, globalization, integration, cooperation
Bibliographic list of articles
1. Bredikhin A.V. Prospects for the development of the Shanghai Cooperation Organization // Modern Asia: politics, economics, society. – 2023. – No. 1. – P. 11-16.
2. Breaking hegemony: a new study of the construction of international order and a system of global governance in a new era / Under the general editorship of Anton Viktorovich Bredikhin, candidate of historical sciences. – M.: ANO TSEMI, 2023. – 126 p.
3. Ustinovich E. S., Seleznev I. A., Bredikhin A. V. Prospects for the integration of Mongolia into the Shanghai Cooperation Organization // Issues of national and federal relations. – 2023. – T. 13. Issue. 10 (103). – pp. 4217-4227.
ECONOMY. RIGHT. SOCIETY
VILDANOV Ruslan Raisovich
Ph.D. in political sciences, associate professor of International relations, history and oriental studies sub-faculty of the Ufa State Petroleum Technological University
SHALAGINA Svetlana Vitaljevna
Ph.D. in political sciences, associate professor of International relations, history and oriental studies sub-faculty of the Ufa State Petroleum Technological University
KHASANOVA Amina Gizetdinovna
Ph.D. in historical sciences, associate professor of International relations, history and oriental studies sub-faculty of the Ufa State Petroleum Technological University
INFORMATION POLICY AND REGULATION OF THE INTERNET IN THE PEOPLE’S REPUBLIC OF CHINA
The article talks about the information policy of the Chinese authorities in the modern world. It is indicated that the Internet in China has acquired specific Chinese features and characteristics, which can now be collectively called the “Chinese Internet”. It is noted that the Chinese authorities are making great efforts to lobby their interests, promote their point of view in the media and the world network. It is emphasized that China has always been a supporter of “Internet sovereignty”, which means control over the placement of materials, information flows, ensuring the information security of the state. It is noted that in order to understand the Chinese Internet, that is, its distinctive features, it is important to study a variety of aspects, be it institutional norms or social practices. It tells about the interaction of public authorities and users of social networks.
Keywords: China, Internet, mass media, social networks, information security, Communist Party of China, Great Chinese Firewall, Golden Shield.
Bibliographic list of articles
1. Vildanov R. R. System of state regulation of the Internet in the Chinese People’s Republic // Bulletin of USPTU. Science, education, economics. Series: Economics. – 2021. – No. 3 (37). – pp. 115-122. – DOI 10.17122/2541-8904-2021-3-37-115-122. – EDN GBFBUE.
2. Leksyutina Ya. V. Policy of the Chinese leadership in matters of control and regulation of the Internet // Society and state in China. – 2015. – No. 1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/politika-kitayskogo-rukovodstva-v-voprosah-kontrolya-i-regulirovaniya-interneta (date of access: 03/24/2024).
3. Shanthi Kalathil. Beyond the Great Firewall: How China Became a Global Information Power. Center for International Media Assistance, 2017.
4. Yuanyuan Huang. Analysis of Internet censorship in mainland China (The Great Firewall). [Electronic resource]. – Access mode: https://www.theseus.fi/bitstream/handle/10024/266180/Yuanyuan_Huang.pdf?sequence=2&isAllowed=y (access date: 03.24.2024).
ECONOMY. PRAVO. SOCIETY
GORDIENKO Vyacheslav Vladimirovich
Ph.D. in economical sciences, Deputy Head of Philosophy sub-faculty of the Volgograd Academy of the MIA of Russia, colonel of police
GLADKOV Dmitry Viktorovich
senior lecturer of Physical and fire training sub-faculty of the Volgodonsk branch of the Rostov Law Institute of the MIA of Russia, colonel of police
MIKHAYLOV Sergey Nikolaevich
Ph.D. in philosophical sciences, associate professor of Law and social and humanitarian disciplines sub-faculty of the Volgograd State Agrarian University
SUSTAINABLE SOCIO-ECONOMIC DEVELOPMENT AND ENVIRONMENTAL GUIDELINES
The article analyzes sustainable socio-economic development as an opportunity to create conditions under which economic growth will be accompanied by social progress and environmental conservation. The importance of environmental guidelines in achieving sustainable development is emphasized. Among the subjects of formation of sustainable development are not only the governments of individual countries, but also international unions and the largest transnational corporations. An important role is given to commercial companies, organizations and citizens. An attempt has been made to determine directions for the formation of sustainable socio-economic development, taking into account environmental problems.
Keywords: sustainable development, environmental guidelines, economic growth, transnational corporations, globalization, innovative technologies, environmental policy, healthcare.
Bibliographic list of articles
1. Ji X., Zhang Y., Mirza N., Umar M., & Rizvi S. K. A. The impact of carbon neutrality on the investment performance: Evidence from the equity mutual funds in BRICS // Journal of Environmental Management. – 2021. – RUR 297.
2. Peterson D. J., Troubled Lands: The Legacy of Soviet Environmental Destruction. – Westview Press, Boulder, 1993. – 270 p.
3. Dunphy D., and Griffiths A. The Sustainable Corporation. – Sydney: Allen Unwin, 1998. – 246 p.
4. Dunphy D., Beneveniste J., Griffiths A. and Sutton P. (eds.), Sustainability: The corporate challenge of the 21st century. – Sydney, Allen Unwin, 2000. – 296 p.
5. Voitov A.V., Mikhailov S.N. Personal and group values in a consumer society: a sociological view. // Economic and humanitarian studies of regions. – 2022. – No. 5. – P. 76-80.
6. Ilyin I.V., Ursul A.D., Ursul T.A. New global goals for sustainable development // Vestn. Moscow Univ. Ser. XXVII. Global studies and geopolitics. – 2015. – No. 3/4. – pp. 60-84.
7. Mityakov S. N. New goals for sustainable development of Russia // Development and Security. – 2023. – No. 1. – P. 21-35.
8. Dresner S. The principles of sustainability. – London; Sterling, VA: Earthscan Publications, 2002. – 194 p.
ECONOMY. RIGHT. SOCIETY
KUTENEV Sergey Nikolaevich
postgraduate student of the I. S. Turgenev Orel State University, General Director of KP EXPERT-CABLE LLC
THE ROLE OF INDUSTRIAL ENTERPRISES IN ENSURING SUSTAINABLE DEVELOPMENT OF THE REGION
The article highlights the issue of the participation of industrial enterprises in ensuring the sustainable development of the region. Their role in this process is assessed by considering various forms of mutual influence of industrial enterprises and regions, factors that predetermine the sustainability of regional development. The place of industry in the implementation of the goals of sustainable development of the region is revealed. The nature of the manifestation of the influence of industrial enterprises on the socio-economic development of regional and state territories is determined. The dynamics of indicators of sustainable development of the region are presented in the context of achieving key sustainability goals, as well as a systematic list of factors that determine it, which are presented by a system of sustainability indicators. The specific features of industrial enterprises that ensure the sustainability of the region are grouped. In conclusion, a conclusion is drawn about the role of industrial enterprises as an instrumental driver that ensures the sustainable development of the region.
Keywords: industrial enterprises, sustainable development of the region, financial stability, development driver, balance of interests.
Bibliographic list of articles
1. Mirgaleeva I.V., Zhilina N.N., Bogdanov A.A. Management of digital transformation of industrial enterprises to ensure sustainable development of the region // Bulletin of the Russian University of Cooperation. – 2022. – No. 3. – P. 19-25.
2. Preobrazhensky B. G., Tolstykh T. O., ShmeLeva N.V. Ensuring sustainability in the development of regional industrial systems // REGION: systems, economics, management. – 2019. – No. 2. – pp. 12-17.
3. Bulatova D. S. Criteria for sustainable development of a fuel industry enterprise // Questions of student science. – 2022. – No. 4. – P. 200-204.
4. Fokina E. S., Ioda Yu. V. The importance of the results of the activities of an industrial enterprise in ensuring the financial sustainability of the territory // Socio-economic phenomena and processes. – 2018. – T. 13. – No. 104. – P. 192-197.
5. Imamverdieva M. I. System of factors for the formation of sustainable development of industrial enterprises // Creative Economy. – 2021. – T. 15. – No. 8. – P. 3283-3294.
6. Mochalov V. D., Mochalova Ya. V. The concept of sustainable development of an industrial enterprise as an economic entity in the regional economy // Bulletin of the Belgorod State Technological University. V. G. Shukhova. – 2016. – T. 1. – No. 1. [Electronic resource]. – Access mode: https://naukaru.ru/ru/nauka/article/29956/view (date of access: 03/03/2024).
7. Seraya O. A. Sustainable development of the industrial complex of the region: issues and directions of research // News of the Far Eastern Federal University. Economics and Management. – 2015. – No. 4. – P. 3-16.
ECONOMY. RIGHT. SOCIETY
MUKHAMADIEVA Elvira Fanirovna
Ph.D. in economic sciences, associate professor of the Ufa State Petroleum Technological University
SULTAKAEV Aidar Rustemovich
magister student of the Ufa State Petroleum Technological University
GALIMULLINA Natalya Anatoljevna
Ph.D. in economic sciences, associate professor of Public Administration sub-faculty of the Ufa University of Science and Technology
GALIMULLINA Snezhana Radikovna
specialist-expert of the Department of Labor Statistics, Education, Science and Innovation of the Territorial Body of the Federal State Statistics Service for the Republic of Bashkortostan
DIAGNOSTICS OF THE IMPACT OF TAX RISKS ON THE ECONOMIC SECURITY OF THE REPUBLIC OF BASHKORTOSTAN
The purpose of the publication of this article is to search for methods of analytical assessment of the impact of tax risks on the economic security of the region. Such a study is relevant in the light of the impact of external factors on the economy of a particular region, and is determined by the need to apply decisive measures to counter tax evasion in relation to market entities, strengthen control and digitalization of management decision- making processes by public authorities.
Keywords: tax risks, economic security of the region, threat diagnostics, regional security analysis.
Bibliographic list of articles
1. Galimullina N. A., Gizatullina V. G. Economic and legal foundations of regional security // Eurasian Legal Journal. 2016. No. 3 (94). pp. 336-338.
2. Gafarova L. A. Regional specifics of income taxation (on the example of the Republic of Bashkortostan) // Economics and business: theory and practice. 2023. No. 8 (102). pp. 45-48.
3. Davletkulova G. M., Abdrasov R. R. Identification by the tax authorities of the Republic of Bashkortostan of VAT evasion schemes in the field of procurement, processing and sale of scrap metals. risks of using tax evasion schemes // In the collection: Improving tax administration. Materials of the VI Republican Scientific and Practical Conference. Ufa, 2022. pp. 145-148.
4. Ivanov P. A. Dynamics of tax revenues of the region under sanctions pressure // Economics and business: theory and practice. 2022. No. 11-1 (93). pp. 163-165.
5. Krivtsov A. I. Conceptual approach to ensuring the tax security of organizations // Current problems of science, economics and education of the XXI century: materials of the II International Scientific and Practical Conference, March 5 – September 26, 2012: in 2 parts. Part. 2 / Rep. ed. E. N. Sheremetyeva. Samara: Samara Institute (fil.) RGTEU, 2012. P. 180-185.
6. Timofeeva I. Yu. Economic analysis, classification and assessment of tax risks during the period of decriminalization of tax relations // Economic analysis. 2010. No. 25. P. 23.
ECONOMY. RIGHT. SOCIETY
WENG Jinglong
master (direction: personnel management) of the Higher School of Public Administration of the M. V. Lomonosov Moscow State University
HR STRATEGIES IN DIGITAL BUSINESS
Digital business, replacing traditional forms of economic organization of activity, involves the development of fundamentally different adaptive strategies for personnel management. The object of research is human resources. The subject of the study is the organization’s personnel. The purpose of the study is to consider personnel strategies in the context of digital changes in the business environment. The article presents a roadmap for the transformation of human resource management, which is necessary to attract, develop and retain specialists in a competitive market. A human resource management strategy is presented, which is based on fundamental components and which together ensure its success in digital business. The adoption of technology in HR is a strategic move that significantly improves the efficiency and effectiveness of HR functions in today’s business environment.
Keywords: human resource management, digital economy, digital environment, labor resources, digital transformation.
Bibliographic list of articles
1. Patrusova A. M. Personnel management in the conditions of development of the digital economy // Scientific result. Business and service technologies. – 2021. – T. 7. No. 3. – P. 71-83. – DOI 10.18413/2408-9346-2021-7-3-0-6. – EDN YSFQHL.
2. Boldyreva E. E., Dzhukha V. M. Development of an organization management system and adaptation of personnel management systems // Accounting and Statistics. – 2024. – T. 21. No. 1. – P. 94-102. – DOI 10.54220/1994-0874.2024.44.62.010. – EDN EYUGQW.
3. Turi A. N., Turi A. N. Digital economy and the information society // Technologies for modern digital entrepreneurship: Understanding emerging tech at the cutting-edge of the web 3.0 economy. – 2020. – P. 1-41.
4. Agar N. How to be human in the digital economy. – MIT Press, 2019.
ECONOMY. RIGHT. SOCIETY
DANILOVSKIY Vasiliy Andreevich
leading specialist in Law, postgraduate student of the program of classical studies in “Entrepreneurship”.
THE MANAGEMENT OF PROJECTS BASED ON CLOUD TECHNOLOGIES IN SMALL BUSINESSES: PROSPECTS AND PROBLEMS
The article discusses the prospects and problems of utilizing cloud technologies in project management for small businesses. Every year, the market for IT services is growing steadily. Information technologies are being implemented everywhere – both in people’s daily lives and in business. Over the past few years, especially since the start of the pandemic, cloud technologies have become increasingly popular among small businesses. The use of cloud services enables small businesses to reduce costs on server equipment, analyze large amounts of data, and make better-informed management decisions. However, their use is associated with a number of difficulties. The information security of an enterprise may be under threat – data may be stolen, hacked, or destroyed. Enterprise managers may not be ready to utilize cloud technologies when managing enterprises; this may be hindered by a lack of competencies and psychological unpreparedness. To overcome these problems, modern scientists offer a number of strategies such as cybersecurity management, resource management, and trust management.
Keywords: small business, cloud technologies, management, service, infrastructure, enterprise, platform, software, provider, IT.
Bibliographic list of articles
1. Aleksanyan G. A., Ordynskaya Yu. A. Cloud services for small businesses // Economics and society. – 2014. – No. 2-5 (11). – P. 996-1002. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/oblachnye-servisy-dlya-malogo-biznesa (date of access: 03.26.2024).
2. Dubrova T. A., Yesenin M. A. Cloud services in small and medium-sized businesses: problems and prospects // Economic systems. – 2020. – No. 4. – P. 21-31. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/oblachnye-servisy-v-malom-i-srednem-predprinimatelstve-problemy-i-perspektivy (date of access: 03.26.2024).
3. Firdhous M., Ghazali O., Hassan S. Trust Management in Cloud Computing: A Critical Review // International Journal on Advances in ICT for Emerging Regions (ICTer). – 2012. – No. 2 (4). – pp. 24-36.
4. McGuinness S., Pouliakas K., Redmond P. Skills-displacing technological change and its impact on jobs: challenging technological alarmism? // Economics of Innovation and New Technology. – 2023. – No. 3 (32). – pp. 370-392.
5. Medeiros M. M. D., Hoppen N., Maçada A. C. G. Data science for business: benefits, challenges and opportunities // The Bottom Line. – 2020. – No. 2 (33). – pp. 149-163.
6. Mustafa S. [et al.]. Resource management in cloud computing: Taxonomy, prospects, and challenges // Computers & Electrical Engineering. – 2015. – (47). – pp. 186-203.
7. Olakunle Jayeola [etc.]. Cloud Computing Adoption in Small and Medium Enterprises (SMEs): A Systematic Literature Review and Directions for Future Research // International Journal of Business and Society. – 2022. – No. 1 (23). – pp. 226-243.
8. Rani D., Ranjan R. K. A comparative study of SaaS, PaaS and IaaS in cloud computing // International Journal of Advanced Research in Computer Science and Software Engineering. – 2014. – T. 4. No. 6. – P. 458-461.
9. Tissir N., El Kafhali S., Aboutabit N. Cybersecurity management in cloud computing: semantic literature review and conceptual framework proposal // Journal of Reliable Intelligent Environments. – 2021. – No. 2 (7). – pp. 69-84.
ECONOMY. RIGHT. SOCIETY
LI Yuxi
magister student of the 1st course (Management) of the Engineering Academy of the Patrice Lumumba Peoples’ Friendship University of Russia
SHKOLIK Oleg Alexandrovich
Ph.D. in Economics, Associate Professor of the Department of Socio-Economic Disciplines of the Ural Law Institute of the Ministry of Internal Affairs of Russia, Yekaterinburg
COMPARATIVE ANALYSIS OF CONTROL SYSTEMS IN VARIOUS TECHNOLOGICAL AND TECHNICAL SYSTEMS
By managing a technological and technical system, we mean a system that involves managing the states of the system that characterize. the course of the technical and technological process. The object of study is the control system. The subject of the research is a technical and technological system. The purpose of the study is to conduct a comparative analysis of the types of various management systems, identifying advantages and disadvantages. The article presents the main types of control systems in various technological and technical systems. A classification of systems by main types is presented. The advantages and disadvantages of feedback control systems, linear and nonlinear systems are considered. In general, control systems must be time invariant, that is, provide reliable and unchanging control; provide optimal performance under constant conditions where control is based on constant parameters, making them easier to implement and use.
Keywords: open loop system, closed loop system, proportional systems, stationary systems, digital control systems.
Bibliographic list of articles
1. Sony M., Naik S. Industry 4.0 integration with socio-technical systems theory: A systematic review and proposed theoretical model // Technology in society. – 2020. – T. 61. – pp. 101-248.
2. Turnbull D., Chugh R., Luck J. Learning management systems, an overview // Encyclopedia of education and information technologies. – 2020. – pp. 1052-1058.
3. Xia C. et al. A review on wire arc additive manufacturing: Monitoring, control and a framework of automated system // Journal of manufacturing systems. – 2020. – T. 57. – pp. 31-45.
ECONOMY. RIGHT. SOCIETY
MA Zongkai
master of the Faculty of Economics and Management of the Kyiv National Technological University of Design
NEW PERSPECTIVES ON THE USE OF BLOCKCHAIN TECHNOLOGY IN FINANCE: A CONTENT ANALYSIS
The current application of blockchain technology in finance differs from the original concept of blockchain system proposed by Satoshi Nakamoto in 2008, which raises the urgent question of revising the prospects of blockchain technology in finance. The object of the study is the financial system. The subject of the study is blockchain as a technology of encoding and storing data distributed over various nodes connected to the bottom of the network. The aim of the study is to theoretically analyze the prospects of using blockchain technology in finance. It is found that the development of blockchain in finance is primarily focused on improving cross-border payments and transaction processing, which in their current state are far from optimal. Private businesses seek the ability to optimize financial processes by creating a common registry with shared access for all participants, however, critics have expressed concerns about possible security risks, possible limitations to innovation and the dominant influence of governance structures within permissioned blockchains.
Keywords: cryptocurrency, permissioned blockchain, distributed networks, Internet, mining, decentralisation.
Bibliographic list of articles
1. Bakhvalova E. A., Sudakov V. A. Study of consensus algorithms for blockchain platforms // Preprints of the Institute for Problems of Mathematics. M. V. Keldysh. – 2021. – No. 26. – P. 1-16. – DOI 10.20948/prepr-2021-26. – EDN ZCAPBB.
2. Peskova O. Yu., Polovko I. Yu., Zakharchenko A. D. Application of blockchain technologies in electronic document management systems: analysis and software implementation // Engineering Bulletin of the Don. – 2019. – No. 3 (54). – P. 42. – EDN BJWXZF.
3. Mukhametshina F. A., Potapov A. A. Economic potential of distributed registries (DTL) in the context of the development of the digital economy // Economics and management: problems, solutions. – 2024. – T. 6. No. 1 (142). – pp. 156-162. – DOI 10.36871/ek.up.p.r.2024.01.06.019. – EDN WXVFFI.
4. Thompson J. R. J. et al. Know Your Clients’ behaviors: a cluster analysis of financial transactions // Journal of Risk and Financial Management. – 2021. – T. 14. No. 2. – P. 50.
ECONOMY. RIGHT. SOCIETY
CUI Lyuke
bachelor (mechanical engineering) of the Hefei University of Technology
RYABKOVA Gina Valeryevna
Ph.D. in Pedagogical Sciences, Associate Professor, Associate Professor of the Department of Linguistics and Translation Studies at the Moscow Aviation Institute (National Research University)
COMPUTER NETWORKS IN ECONOMICS
Computing networks in economics organize the modern digital space, forming new areas of knowledge – the knowledge economy and the network economy, which require fundamentally different economic methodologies and assessment tools. The object of research is the network economy. The subject of the research is computer networks in the network economy. The purpose of the study is to consider the content of the network economy and its connection with the knowledge economy, due to the need to use computer networks. The article reveals that the network economy is a traditional economy supplemented by information resources and digital technologies. It is argued that computer networks have their own pricing characteristics, since the product is information (mostly intangible), then the total cost of ownership is used as an economic assessment, which is a set of direct and indirect costs borne by the owner of the information system throughout its life cycle. A grouping of costs and expenses for ensuring the functioning of a computer network, its features and prospects are presented.
Keywords: neural networks, digital environment, digital transformation, electronic network, total cost of ownership.
Bibliographic list of articles
1. Montlevich V.M., Popov A.D. Mathematical model for placing virtual machines on physical servers of computer networks // Bulletin of Samara University. Economics and Management. – 2020. – T. 11. No. 2. – pp. 125-131. – DOI 10.18287/2542-0461-2020-11-2-125-131. – EDN CCOOXI.
2. Shchukina A. Ya., Efremova T. V. Network economy – the stage of formation of new principles of functioning of the economic space, minimizing the consumption of natural resources // Bulletin of the Volga University named after. V. N. Tatishcheva. – 2014. – No. 2 (31). – pp. 117-124. – EDN SNTKHR.
3. Khalilova A. A. Total cost of ownership in the light of trends in the development of information technologies // News of the Volgograd State Technical University. – 2008. – No. 2 (40). – pp. 83-86. – EDN KTWSIR.
ECONOMY. RIGHT. SOCIETY
YANG Jie
postgraduate student of the Institute of Business of the Belarusian State University
FEATURES OF THE USE OF CRYPTOCURRENCIES WITHIN THE FRAMEWORK OF ECONOMIC SECURITY OF THE COUNTRY
Cryptocurrency, based on blockchain technology, has emerged and has shown rapid development over the past ten years. The significance of cryptocurrencies in modern economies lies in their potential to change perceptions and attitudes towards money and transactions. The innovative characteristics of this means of payment make them an attractive alternative to traditional forms of currency, offering the possibility of financial inclusion and lower transaction fees. However, it should be mentioned that the use of cryptocurrencies has positive features and at the same time carries certain risks for economic systems. Taking into account the noted, the article is devoted to the consideration of the peculiarities of the use of cryptocurrencies within the framework of economic security of countries.
Keywords: cryptocurrency, economy, security, exchange, exchange, exchange.
References
1. Gurnutin Z. S. Cryptocurrency and its impact on economic security // Issues of sustainable development of society. – 2021. – No. 5. – P. 95-99.
2. Pakharev A. V. Issues of economic security and feasibility of using digital currency and cryptocurrency during the economic crisis // Technical and technological problems of service. – 2021. – No. 2 (56). – P. 69-74.
3. Kartavkin A. S. The impact of investments in cryptocurrency on the economic security of Russia // Vector of Economics. – 2022. – No. 1 (67). – P. 34-39.
4. Saidulaev A. A. The influence of cryptocurrency on the global economy and economic security of the Russian Federation // Innovations and investments. – 2023. – No. 6. – P. 241-243.
5. Tsirulis K. N. Trends in the development of the cryptocurrency market, economic risks and threats to national security // Humanitarian problems of military affairs. – 2022. – No. 4 (33). – P. 5-9.
PHILOSOPHY. RIGHT. SOCIETY
BIKMETOV Evgeniy Yurjevich
Ph.D. in sociological sciences professor of the Ufa University of Science and Technology
PUSHKAREVA Marina Alexeevna
Ph.D. in philosophical sciences, professor of the Ufa University of Science and Technology
KHRAMOVA Kseniya Vyacheslavovna
Ph.D. in philosophical sciences, professor of the Bashkir State Medical University, Ufa
DEVELOPMENT OF THE IDEA OF HUMANITY IN POLITICAL RELATIONS
The article explores the idea of humanity, outside of which political relations cannot be formed. The latter are one of the forms of social relations, and society itself is a “product of human interaction” (K. Marx). Here we are talking about the richness of forms and ways of communication, which includes spiritual culture, which is the core of political culture. The latter implies an orientation towards the consideration of the human being as a goal rather than a means of manipulating the subjects of the political process. In this respect, the idea of humanity, the spirit of humanism is associated with the increase of being rather than possessing things, forms of life activity of a person and society as a whole. Political culture is connected with legal and moral culture, political ideology. The political idea should not be separated from the interest of the people, which is based on the moral primary basis, substance. Political relations cannot be formed outside the idea of humanism, humanity.
Keywords:idea of humanity, society, political governance, socio-political relations, political culture, the problem of disconnection of idea and interest.
Bibliographic list of articles
1. Plato. Collection op. In 4 volumes: T. 3 / General. ed. A. F. Loseva and others; note A. A. Tahoe-Godi. – M.: Mysl, 1994. – 654 p.
2. Aristotle. Policy. Athenian politics / Intro. Art. E. I. Temnova. – M.: Mysl, 1997. – 459 p.
3. Aristotle. Essays. In 4 volumes: T. 4 / Ed. and ed. entry Art. A. I. Dovatur, F. H. Cassidy; note V.V. Bibikhina and others – M.: Mysl, 1983. – 830 pp.
4. Bruno Giordano. Expulsion of the Triumphant Beast / Trans. with it., intro. and note. A. Zolotareva. – Samara: AGNI, 1997. – 285 p.
5. Machiavelli N. The Sovereign. – M.: Planet, 1990. – 80 p.
6. Boden J. Six books about states // Anthology of world legal thought. In 5 volumes. T. 2: Europe. V-XVII centuries – M.: Mysl, 1999. – P. 689-695.
7. Tavadov G. T. Political Science: textbook. for universities. – M.: Project, 2002. – 364 p.
8. Hobbes T. Leviathan, or Matter, form and power of the church and civil state // Hobbes T. Works. In 2 volumes: T. 2 / Compiled, ed., author. note V.V. Sokolov. – M.: Mysl, 1991. – 731 p.
9. Kant I. Works. In 6 volumes: T. 2 / Ed. A.V. Gulyga; lane B. A. Fokhta. – M.: Mysl, 1964. – 509 p.
10. Marx K., Engels F. Soch. 2nd ed. T. 1. Notes on the latest Prussian censorship instructions. – M.: Gospolitizdat, 1955. – P. 3-27.
11. Psychoanalysis and culture: Fif. works of Karen Horney and Erich Fromm. – M.: Lawyer, 1995. – 623 p.
12. Lukyanov A.V., Bikmetov E.Yu., Khramova K.V. Methodology for studying the foundations of social self-consciousness // Modern science: current problems of theory and practice. Series: Cognition. – 2023. – No. 9. – P. 85-88.
13. Shilov V.N. Humanism as a political value // Scientific bulletins of BelSU. Ser. Story. Political science. Economy. – 2008. – No. 5 (45). – Vol. 7. – pp. 151-155.
14. Political science. Encyclopedic Dictionary / General. ed. and comp. Yu. I. Averyanov. – M.: Publishing house Mosk. commercial University, 1993. – 432 pp.
15. Maslova E. S., Polomoshnov A. F., Plomoshnov P. A. Identity and humanism in the era of transformation. – Pos. Persianovsky: Don State Agrarian University, 2019. – 222 p.
16. Bikmetov E. Yu., Lukyanov A. V., Pushkareva M. A. Modern social and humanitarian knowledge: features of understanding and pre-understanding of the sociocultural situation // Kant. – 2023. – No. 2 (47). – pp. 118-121.
PHILOSOPHY. RIGHT. SOCIETY
VINOGRADOVA Natalya Viktorovna
Ph.D. in philosophical sciences, associate professor of Philosophy, history and social engineering sub-faculty of the Ufa State Petroleum Technical University
TUKAEVA Rosa Abdulkhaevna
Ph.D. in philosophical sciences, associate professor of Philosophy and social disciplines sub-faculty of the S. M. Kirov St. Petersburg State Forestry University
MORAL PHILOSOPHY V.S. SOLOVYOV AS A VALUE GUIDANCE OF MODERN SOCIETY
The article is devoted to the moral philosophy of V.S. Solovyov and the relevance of its main provisions in the modern world. The authors analyze the main ethical work of the philosopher “Justification of the Good” in the context of the problems of civilization of the 21st century and show the possibility of applying the ethical principles of V.S. Solovyov in resolving conflict situations at different levels. Particular attention is paid to such aspects of the moral philosophy of V.S. Solovyov as the relationship between personal and common good, morality and law, the solution of the national question from a moral point of view. The philosopher’s statements about the unconditional human dignity and worth of every person are of enduring importance. Despite the seeming utopianism of the thinker’s ideas, they are quite rational and feasible for maintaining public well-being.
Keywords: V. S. Solovyov, morality, ethics, person, personality, society, state, good, nation, right, goodness
Bibliographic list of articles
1. Bugai D.V. Preface to the new edition of “Justification of Good” Vl. S. Solovyov // Solovyov V. S. Justification of good. Moral philosophy. – M.: Academic Project, 2010. – 671 p.
2. Vinogradova N.V., Tukaeva R.A. Space ethics of K. E. Tsiolkovsky: rationalism and humanism // Eurasian Legal Journal. – 2022. – No. 8 (171). – pp. 488-489.
3. Nepryakhin N. Anatomy of Delusions: A Big Book on Critical Thinking. – M.: Alpina Publisher, 2020. – 578 p.
4. Solovyov V. S. Justification of good. Moral philosophy. – M.: Academic Project, 2010. – 671 p.
5. Roland Robertson. Glocalization: time-space and homogeneity-heterogeneity. [Electronic resource]. – Access mode: https://warwick.ac.uk/fac/arts/history/students/modules/hi31v/syllabus/week18/robertson-1995.pdf.
PHILOSOPHY. RIGHT. SOCIETY
GALIMOVA Lyudmila Rustamovna
employee of the Bashkir State Medical University, Ufa
SALIKHOV Gafur Gubaevich
Ph.D. in philosophical sciences, professor of Philosophy and cultural studies sub-faculty of the Ufa University of Science and Technology
THE ACTION APPROACH ACTIVITY OF THE SUBJECT AS A RESOURCE OF HIS REPRODUCTION
The importance of a subject’s activity as one of the main resources of its reproduction in the process of socialization is associated with the formation of behavioral models based on a system of value preferences. The formation of a value attitude to the action approach activity of the subject is considered as the pursuit of a goal and an understanding of the significance of landmarks. In order to characterize the importance of reproducing behavioral models based on human activity, it is necessary to identify the nature of the links between the mechanisms of their formation. Behavioral patterns in society can be explained in relation to the social characteristics of the environment in which the process of personality formation and reproduction takes place.
Keywords: subject, personality, activity, social resource, social reproduction, socialization, behavioral norm, civic position.
Bibliographic list of articles
1. Alpatova K. A. Socialization as a process and result of interaction between “I” and “Other”: social and philosophical aspect: dis. …cand. Philosopher Sciences: 09.00.11. – Pyatigorsk, 2010. – 180 pp.
2. Bezuglaya U. Ya. Factors influencing the formation and socialization of the personality of modern youth // Scientific palette. – 2022. – No. 3 (37). – P. 3.-10.
3. Zelyanina V. A. Philosophical analysis of the problem of socialization of personality: dis. …cand. Philosopher Sciences: 09.00.11. – M., 2007. – 158 p.
4. Katilina M.I. Educational environment as a factor in the socialization of personality: social and philosophical aspect: dis. …cand. Philosopher Sciences: 09.00.11. – M., 2009. – 198 pp.
5. Malets M. A. The problem of anthroposociogenesis in philosophy and science // New information technologies in telecommunications and postal communications. – 2023. – T. 1. No. 1. – P. 247-250.
6. Parmanova A. U., Parmanova G. U., Kuvichkin N. M. Socialization of personality in digital education // Scientific almanac of the Central Chernozem Region. – 2022. – No. 3-2. – pp. 157-160.
7. Salikhov G. G. Man of the era of globalization / G. G. Salikhov; scientific editor B. S. Galimov. Monograph. – M.: Nauka, 2008. – 560 pp.
8. Salikhov G. G. Man in a globalizing world: socio-philosophical analysis: dis. … Doctor of Philosophy Sciences: 09.00.11. – Ufa, 2010. – 361 p.
9. Salikhov G. G. Language as a sphere of culture of dialogue of cultures // Culture of dialogue of cultures in a globalizing world / Collective monograph: scientific. ed. Faizullin F. S., Mamedzade I. R., Melikov I. M., Gezalov A. A. – Moscow: “Canon+” ROOI “Rehabilitation”, 2022. – P. 326-338. (520 pp.)
PHILOSOPHY. RIGHT. SOCIETY
GOFMAN Alexander Anatoljevich
associate professor of Combat, tactical and special training sub-faculty of the Vladimir Law Institute of the FPS of Russia
TIMOSCHUK Alexey Stanislavovich
Ph.D. in philosophical sciences, professor of Humanitarian and socio-economic disciplines sub-faculty of the Vladimir Law Institute of the FPS of Russia
“WE SURRENDERED BELGRADE, WE GOT BELGOROD” OR A NEW SINCERITY IN POLITICAL COMMUNICATION
How to learn to maintain the sustainable development of family, community, territory, country? What provides long term survival of communities? Neomalthusianism, degrowth, prosperity without growth, the achievement of the limits of a market economy (exhaustion of the possibilities of division labor, an unacceptable escalation of risks, an increase in uncertainty, computational difficulties in the design of the future) are the discussed negative trends. As for the positive trends, it is worth highlighting the promotion of topics of the economy joint, cooperation, the social state, and the construction of horizontal ties. The article is dedicated to the value of network coordination in the management of limited resources. (text is not suitable)
Keywords: the mythologeme of the USSR, the rebirth of the Soviet Union, the restoration of the USSR, USSR 2.0, born in the USSR, futuroarchaics, political myth-making.
Bibliographic list of articles
1. Goffman A. A., Timoshchuk A. S. The red flag of victory of the “Russian Spring 2.0” // In the collection: The Motherland to which they swore allegiance…. All-Russian materials. conf. with intl. participation dedicated to the 100th anniversary of the formation of the USSR. – Nizhny Novgorod, 2022. – pp. 171-177.
2. Goffman A. A., Timoshchuk A. S. Human rights and beforetrees of growth // Eurasian legal journal. – 2023. –No. 3 (178). – pp. 483-484.
3. Montyan T. N. School of young squid. [Electronic resource]. – Access mode: https://t.me/s/youngsquids
4. Ostrom E. General management. Evolution of institutions of collective action / Trans. from English T. N. Montyan. – Kyiv, 2013. – 400 p.
5. Soto E. The mystery of capital. Why capitalism triumphs in the West and fails throughout the rest of the world. – M.: Olimp-Business, 2004. – 272 p.
PHILOSOPHY. RIGHT. SOCIETY
GRUZDEV Andrey Alexandrovich
Ph.D. in philosophical sciences, associate professor of Philosophy sub-faculty of the Humanitarian Institute of the Siberian Federal University, Krasnoyarsk
MAKARCHUK Ivan Yurjevich
Ph.D. in Law, associate professor of Philosophy sub-faculty of the Humanitarian Institute of the Siberian Federal University, Krasnoyarsk
SOCIAL AND PHILOSOPHICAL VIEWS OF I. S. GLAZUNOV
This article analyzes the socio-philosophical views and ideas of the outstanding Soviet and Russian artist, teacher and public figure Ilya Sergeevich Glazunov. The artist’s worldview combined patriotism, religiosity, faith in the power of art and its ability to cause spiritual transformation, as well as the desire to preserve and develop Russian national culture. He actively popularized the artistic heritage and culture of Russia, sought to preserve and pass them on to future generations, and also opposed Western influence on the Russian mentality. Currently, his socio-philosophical views continue to be relevant, arousing interest and discussion, especially in light of the modern challenges faced by Russia and the whole world.
Keywords: I. S. Glazunov, conservatism, patriotism, Russian history, national identity, faith.
Bibliographic list of articles
1. Bolshakov V.I. The civic power of art: our great contemporary artist Ilya Glazunov is 85 // Science. Culture. Society. ‒ 2015. ‒ No. 4.
2. Gaifullina Yu. R. Ilya Glazunov – successor of Orthodox traditions in painting of the twentieth century // Science, society, technology: problems and prospects for interaction in the modern world: collection of articles of the XI International Scientific and Practical Conference. ‒ Petrozavodsk: ICNP “New Science”, 2023.
3. Glazunov I. S. Russia crucified. ‒ M.: “AST Publishing House”, 2005.
4. Degtev A. Life and work of Ilya Sergeevich Glazunov // Materials of the international scientific forum of students “Youth in science and creativity”. ‒ Gzhel: GSU, 2021.
5. Chinyakova G. P., Bolshakov V. I. Ilya Glazunov. ‒ M.: Publishing House of the Moscow Patriarchate of the Russian Orthodox Church, 2018.
6. Kolodny L. E. Ilya Glazunov. Love and hate. ‒ M.: “Algorithm”, 2017.
7. Novikov V.S. Ilya Glazunov: Russian genius. ‒ M.: “Eksmo”, 2007.
8. Rostova N. N. Ilya Glazunov: priest of the national spirit // Orthodoxy. ‒ 2022. ‒ No. 4.
9. Svininnikov V. “Eternal Russia” by Ilya Glazunov. ‒ M.: “Kitoni”, 2019.
PHILOSOPHY. RIGHT. SOCIETY
IKHSANOV Artur Uralovich
postgraduate student of the Higher School of Philosophy and Sociology of the Ufa University of Science and Technology
ETHNIC ASPECT OF GLOBALIZATION: MYTHOLOGY, IDEOLOGY AND POLITICS
The article is devoted to the study of the socio-philosophical concept of globalism in the totality of many diverse processes that cover almost all aspects of life in post-industrial society. The relevance of this study is due to the social and political realities of post-industrial society, which is at the stage of fundamental transformations. In the context of globalization, development trends of ethnic groups are becoming more complex and diverse; the study of these trends is important for understanding socio-political processes in the world. The pluralism of the new globalized open world (cultural, political, ethnonational) leads to ambiguous consequences: the loss of national states of their sociocultural, political and economic positions, sovereignty and the formation of new identities.
Keywords: globalization, globality, power, mythology, ideology, politics, post-industrial society, social conflicts, national identity, “global man.”
Bibliographic list of articles
1. Avdeev E. A. National state, nation and ethnic group in the context of globalization: social and philosophical analysis // Bulletin of the Adygea State University. – 2015. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/natsionalnoe-gosudarstvo-natsiya-i-etnos-v-kontekste-globalizatsii-sotsialno-filosofskiy-analiz.
2. Danakari R. A. Globalization and philosophical problems of ethnic life. – 2007. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/globalizatsiya-i-filosofskie-problemy-etnicheskogo-bytiya.
3. Drobot G. A. Globalization: concept, stages, contradictions, assessments // Social and humanitarian knowledge. – 2015. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/globalizatsiya-ponyatie-etapy-protivorechiya-otsenki.
4. Levankov V. A. National cultures and problems of national identity in the era of globalism // Bulletin of St. Petersburg University. – Ser. 6. – 2009. – Issue. 2. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/natsionalnye-kultury-i-problemy-natsionalnoy-identichnosti-v-epohu-globalizma.
5. Mazrui A. Globalization and Its Impact on Africa, “Culture, Globalization and the World-System: Contemporary Conditions for the Representation of Identity.” – Minneapolis: University of Minnesota, 1997.
6. Ritzer G. The McDonaldization of Society. – “Pine Forge Press”, 1993.
PHILOSOPHY. RIGHT. SOCIETY
ZUBKOV Sergey Alexandrovich
Ph.D. in philosophical sciences, associate professor of Philosophy and religious studies sub-faculty of the A. G. and N. G. Stoletov Vladimir State University
TYURINA Arina Yurjevna
student of the bachelor’s degree in religious studies of the Humanitarian Institute of the A. G. and N. G. Stoletov Vladimir State University
THE SACRALIZATION OF FUJI AS A MANIFESTATION OF ECOPHILIC PHILOSOPHY IN JAPAN
The article reveals the features and historical data of the definition of Mount Fuji as a legendary symbol of Japan. The genesis of sacred approaches to this object of nature and national heritage is rooted in ancient Shinto beliefs and rituals. This study reveals the connection between Japanese painting, literature and culture in general through aesthetic perception with traditional theological views. The protection of Fuji and the surrounding area makes it possible to reveal the significance of this mountain for the Japanese ethnic group and their ecophilic attitude towards sacred natural ecosystems.
Keywords: Mount Fuji, deification, kami, Japanese religions and folklore.
Bibliographic list of articles
1. Eliseeff V., Eliseeff D. Japanese civilization. – M.: AST, 2008. – 528 p.
2. Zubkov S.A. Criteria for religious ecophilicity // News of Irkutsk State University. Series “Political Science. Religious Studies”. – 2019. – Volume 28. – P. 92-100. Doi.org/10.26516/2073-3380.2019.28.92.
3. Ovchinnikov Vsevolod. Sakura branch. – M.: Young Guard, 1975. – 288 p.
4. Sansom J.B. Japan: A Brief History of Culture. – St. Petersburg: Eurasia, 1999. – 576 p.
5. Fuji is the sacred mountain of Japan. – [Electronic resource]. – Access mode: https://galitravel.ru/fudzi-svyashhennaya-gora-yaponii/?ysclid=lu5s8fxah9835564011 (access date: 03/7/2024).
6. Fuji is a shrine of Japan. – [Electronic resource]. – Access mode: https://nihon-go.ru/gora-fudzi-svyatyinya-yaponii/?ysclid=lu5sgj13vz29173287 (access date: 03/7/2024).
7. Fuji is a symbol and shrine of Japan. – [Electronic resource]. – Access mode: https://zamok.druzya.org/index.php?/topic/20128-fuji-symbol-and-shrine-of-Japan/ (date of access: 03/7/2024).
PHILOSOPHY. RIGHT. SOCIETY
KOCHESOKOV Robert Khazhismelovich
Ph.D. in philosophical sciences, professor, Head of Philosophy sub-faculty of the Kh. M. Berbekov Kabardino-Balkarian State University, Nalchik
MAIROVA Milana Zaurovna
lecturer of Philosophy sub-faculty of the Kh. M. Berbekov Kabardino-Balkarian State University, Nalchik
POLITICALLY INCORRECT METHODS OF PROMOTING THE POLITICAL CORRECTNESS IN THE WEST
The article shows that in Western countries, to promote the policy of political correctness, politically incorrect methods are increasingly used. Their essence lies in the fact that a political opponent is artificially placed in a deliberately losing situation: if he adheres to the principles of political correctness, he will be forced to abandon his point of view, and if he violates them, he will be ostracized . The authors identify the following methods: (1) the opposition of female politicians to male politicians; (2) the promotion of representatives of various minorities into power structures; (3) the use of children (teenagers) in political struggle. Specific examples are used to demonstrate the mechanism of their application.
Keywords: political correctness, political struggle, technology of power, sexism, feminism, equality.
Bibliographic list of articles
1. Ionin L. G. Minority society: political correctness inmodern world: Preprint WP14/2010/01. – M.: Publishing House of the State University – Higher School of Economics, 2010. – 44 p.
2. American Government and Politics Today / Steffen W. Schmidt, Mack C. Shelley, II, Barbara A. Bardes. – West Publishing Company. 1995-1996 ed. – 748 p.
3. American Government: Roots and Reform / Karen O’Connor, Larry J. Sabato. – Mass., 1995. – 793 p.
4. Kamenkova L., Murashko L. Positive discrimination: concept, content, evolution // Journal of International Law and International Relations. – 2006. – No. 2. – P. 3-7.
5. Kochesokov R. Kh. Political correctness as a means of developing religious tolerance // Intercultural dialogue: research and practice. – M.: Media Center of Moscow State University. M. V. Lomonosov, 2004. – P. 167-171.
6. Kochesokov R. Kh., Bizheva A. P., Kulturbaeva L. M. The logic of the evolution of political elites // Eurasian Legal Journal. – 2023. – No. 1 (176). – pp. 476-477.
7. Okulich A.I. Positive measures and reverse discrimination: problems of theory and practice // Problems of law. – 2021. – No. 3 (82). – pp. 35-41.
8. Ryabova L.K. Positive discrimination in ethnopolitics: formulation of the problem in modern historiography // Contemporary history of Russia. – 2019. – T. 9. No. 2. – P. 536–548.
9. Semedov S. A., Sukhareva V. A. The phenomenon of Greta Thunberg or technologies of mediatization of protest. Concept: philosophy, religion, culture. – 2020. – Volume 4. No. 1 (13). – pp. 121–138.
10. Sharapova I.V., Kobenko Yu.V. History of the emergence of the concept of “political correctness” and methods of its interpretation // TSPU Bulletin. – 2014. – No. 10 (151). – pp. 46-50.
PHILOSOPHY. RIGHT. SOCIETY
LUKMANOVA Regina Aidarovna
postgraduate student of the 3rd year of study of the Ufa University of Science and Technology
SHAYKHUTDINOVA Irina Irikovna
senior lecturer of the Ufa University of Science and Technology
INFORMATION TOOLS FOR PROMOTING POSITIVE ATTITUDES TOWARDS CHARITABLE ACTIVITIES AND MENTORING
The article examines various aspects of mentoring and charitable activities as social phenomena that are actualizing in modern conditions, their significance for society and the individual, and mechanisms of popularization. Conducted sociological studies among the population of the capital of the Republic of Bashkortostan, Ufa, aimed at identifying respondents’ awareness of the essence, significance, goals, participants and other charitable activities and mentoring, demonstrate the fact that these types of social activities require wider coverage and positioning in society as relevant and significant in the life of modern society and a certain category of citizens in need of support and protection.
Keywords: mentoring, charity work, information tools, popularization.
Bibliographic list of articles
1. About charitable activities and volunteering (volunteering). Federal Law No. 135-FZ of August 11, 1995 // Consultant Plus (date of access: December 18, 2023).
2. “On the direction of the target mentoring model and methodological recommendations.” <Letter> Ministry of Education of Russia dated January 23, 2020 No. MR-42/02 (together with “Methodological recommendations for the implementation of the methodology (target model) of student mentoring for organizations carrying out educational activities in general education, additional general education and secondary vocational education programs, including using the best practice of exchange of experience between students”) // Consultant Plus (date of access: 01/08/2024).
3. Rakhmatullina Z. Ya. The world rests on culture: philosophical understanding. – Ufa: RIC BashSU, 2021. – 226 p.
4. Timokhina N.I. Features of communication of charitable organizations in social networks // Young scientist. – 2019. – No. 12 (250). – pp. 241-244. – [Electronic resource]. – Access mode: https://moluch.ru/archive/250/57340/
5. Ogneva A. S. Social networks: concept, types, technological opportunities for promotion // Young scientist. – 2021. – No. 9 (351). – pp. 75-79. – [Electronic resource]. – Access mode: https://moluch.ru/archive/351/78875/
6. Social networks (Russian market). – [Electronic resource]. – Access mode: https://www.tadviser.ru/index.php/
7. Development of charity. Give a Chance – charity foundation. – [Electronic resource]. – Access mode: https://chance.su/947-razvitie-blagotvoritelnosti.html.
PHILOSOPHY. RIGHT. SOCIETY
LUKYANOV Gennadiy Ivanovich
Ph.D. in philosophical sciences, associate professor, professor of Economics and management sub-faculty of the Volga Polytechnic Institute (branch) of the Volgograd State Technical University
BAKLANOV Igor Spartakovich
Ph.D. in philosophical sciences, professor, professor of Philosophy and ethnology sub-faculty of the North Caucasus Federal University, Stavropol
BAKLANOVA Olga Alexandrovna
Ph.D. in philosophical sciences, associate professor, associate professor of Philosophy and ethnology sub-faculty of the North Caucasus Federal University, Stavropol
OSADCHIY Alexander Alexeevich
postgraduate student of Philosophy and ethnology sub-faculty of the North Caucasus Federal University, Stavropol
FEATURES OF THE PROBLEMATIZATION AND GENESIS OF IDEAS ABOUT THE PHENOMENON OF SOCIALITY IN SOCIO-PHILOSOPHICAL KNOWLEDGE
The article examines the problem of typologizing sociality, which is not new for the modern era, which smoothly transitions into postmodern society, but is thematized in it in a new way. Modernism was built on individual centering, while postmodernism, reserving attention to the individual, removes the question of centering itself, changing beyond recognition of the socio-philosophical approach to the problem of the individual and, accordingly, to sociality itself, based on the opposition of individualism and collectivism. However, the study of a developing object is always a little late in relation to its development, so the study of sociality still occurs either with the help of a palette of traditional tools, valuable for its precision, or through new, most often found sporadically , through trial and error, research technologies that strive to maximize approach the state of the object, but in practice they are not always effective and relevant.
Keywords: sociality, society, individualism, collectivism, rationality, freedom, industrialism, substantialism, communication theory, modernism, postmodernism.
Bibliographic list of articles
1. Baklanov I. S., Baklanova O. A., Pokhilko A. D. Axiological guidelines and temporal references for the development of digital society // Bulletin of the Armavir State Pedagogical University. – 2021. – No. 4. – P. 136-144.
2. Baklanova O. A., Baklanov I. S. Research of sociality as a methodological problem of social cognition // Humanitarian and social sciences. – 2014. – No. 2. – P. 176-180.
3. Ivin A. A. Introduction to the philosophy of history. – M.: Vlados, 1997. – 288 p.
4. Latour B. Reassembling the social: an introduction to actor-network theory. – M.: Publishing house. House of the Higher School of Economics, 2014. – 384 p. – pp. 223-224.
5. Habermas Yu. Moral consciousness and communicative action. – St. Petersburg: Nauka, 2001. – 382 p.
6. Baklanov I. S., Baklanova O. A., Erokhin A. M., Ponarina N. N., Akopyan G. A. Myth as a means of ordering and organizing social reality // Journal of History Culture and Art Research. – 2018. – T. 7. No. 2. – P. 41-47.
7. Baklanov I. S., Baklanova O. A., Shmatko A. A., Gubanova M. A., Pokhilko A. D. The historical past as a factor of sociocultural transformations of postmodernity // Journal of Historical Culture and Art Research. – 2018. – T. 7. No. 1. – P. 373-378.
PHILOSOPHY. RIGHT. SOCIETY
SASIN Mikhail Viktorovich
postgraduate student of the Institute of Social and Humanitarian Technologies of the V. P. Astafjev Krasnoyarsk State Pedagogical University
MINEEV Valeriy Valerjevich
Ph.D. in philosophical sciences, professor of Philosophy, economics and law sub-faculty of the V. P. Astafjev Krasnoyarsk State Pedagogical University
PHILOSOPHICAL AND ETHICAL ASPECTS OF THE RESPONSIBILITY OF A SCIENTIST AND TEACHER
The categories of freedom and responsibility are traditionally extremely significant in domestic and foreign philosophy. They have a long tradition of research and interpretation. The article deals with the phenomenon of freedom and responsibility in pedagogy, the education system, and in the field of scientific research. Attention to the humanization of education in different eras historically corresponded to the study of the foundations and forms of embodiment of the category of freedom in pedagogy. The problem of freedom and responsibility of the individual is of particular relevance to the current social situation. And the importance of the pedagogical aspect is increasing due to the need to form an active life position and social responsibility among the younger generation. The level of human freedom is determined by the measure of his responsibility. Freedom is expressed in the creative approach of the teacher-researcher. The proposed work analyzes various aspects of the interpretation of the phenomenon of freedom and responsibility in pedagogy against the backdrop of a broad picture of the philosophical views of prominent thinkers, writers, publicists who created their own concepts in this area.
Keywords:categories of responsibility and freedom, theory of free education, freedom and responsibility in science.
Bibliographic list of articles
1. Berdyaev N. A. Philosophy of freedom of the meaning of creativity. – M., Pravda, 1989. – 608 p.
2. Gessen S.I. Fundamentals of Pedagogy. Introduction to Applied Philosophy. – M.: School-Press, 1995. – pp. 61-62.
3. Ivanov E.V. The phenomenon of freedom in the pedagogy of Western Europe and Russia. – V. Novgorod: NovSU, 2013. – P. 62.
4. Rezvykh P. V. Freedom, law and imagination in the lectures of F. V. J. Schelling 1820-21. // Bulletin of RUDN University. Series: Philosophy. – 2019. – No. 1. – P. 7-18.
5. Rousseau J.-J. Emil or about education. Pedagogical heritage / Comp. V. M. Clarin A. N. Dzhurinsky. – M.: Pedagogy, 1988. – P. 201.
6. Sidorov G. N., Shustova O. B. Personality of the teacher and methodological pluralism as a means of overcoming the crisis of scientific knowledge // Childhood open to the world. Collection of materials from the All-Russian Scientific and Practical Conference. – Omsk State Pedagogical University, 2018 – pp. 262-266.
7. Tolstoy L.N. The Path of Life. – M.: Republic, 1993. – P. 32.
8. Shlyakhov M. Yu., Babaeva A. V., Makarova A. O. The path to freedom: the historical process through the eyes of the Antichrist P. A. Kropotkin // MNIZH. – 2022. – No. 8 (122). – pp. 1-4.
9. Shustova O. B., Sidorov G. N. Materialistic and apologetic approaches to anthropogenesis: experience of philosophical synthesis // Omsk Scientific Bulletin. – 2010. – No. 1 (94). – pp. 129-132.
10. Shustova O. B., Sidorov G. N. Worldview rationality and worldview revolutions from a metaphysical perspective // Metaphysics. – 2016. – No. 4 (22). – pp. 28-34.
11. Shustova O. B., Sidorov G. N. Philosophical category of faith in scientific knowledge // Bulletin of Omsk University. –2014. – No. 1 (71). – pp. 28-29.
12. Jaspers K. The meaning and purpose of history: Transl. with him. 2nd ed. – M.: Republic, 1994. – 527 p.
13. Angela J. Crean, Anna M. Kopps, Russell Bonduriansky. Revisiting telegony: offspring inherit an acquired characteristic of their mother’s previous mate // Ecology Letters. – 2014. – P. 17-34.
PHILOSOPHY. RIGHT. SOCIETY
KHOKHLOVA Olga Mikhaylovna
Ph.D. in philosophical sciences, associate professor of Public administration sub-faculty of the Institute of Social Sciences of the Irkutsk State University
DMITRIEVA Larisa Yurjevna
Ph.D. in technical sciences, associate professor of the Department of Applied Mathematics and Informatics of the Irkutsk National Research Technical University
STRATEGIC CONSENT IN MODERN RUSSIAN SOCIETY
The authors substantiate that modern Russian society needs public consent; in the last years of its development, it is in dire need of strategic consent, allowing it to preserve the national security and identity of Russia. The authors define strategic consent and justify its place in public consent. The authors substantiate the conclusion that strategic agreement becomes a factor in the formation and maintenance of order and stability of society; on the other hand, it manifests itself as a development factor that transforms various spheres of society. The authors consider the culture of consent as a key factor characterizing the stability or instability of a social system, as a subjective component of the strategy of social development and an important factor in overcoming challenges and threats, determine the functional significance of culture, including political , ensuring security and functioning of public systems.
Keywords: consent, strategy, strategic consent, public consent, modern society, modern Russia.
Bibliographic list of articles
1. Menyaeva M.P. Culture of consent: essence, formation, reproduction: dissertation … Doctor of Philosophy: 09.00.13. – Chelyabinsk, 2016. – 383 pp.
2. Okhotnikova M. M. Consent as a social process in a transforming society. Doctor of Science dissertation; 22.00.01. – Tyumen, 2000. – 377 pp.
3. Khokhlova O. M. Dichotomy “agreement-disagreement” in the social sphere (philosophical and methodological analysis). Author’s abstract. …cand. Philosopher Sciences: 09.00.11: Moscow, MSTU im. N. E. Bauman. – M., 2013. – 22 p.
4. Khokhlova O. M. Public consent in the socio-political sphere of modern society: monograph. – Krasnoyarsk: Sib. federal univ., 2016. – 176 pp.
PHILOSOPHY. RIGHT. SOCIETY
GALIMOVA Lyudmila Rustamovna
employee of the Bashkir State Medical University, Ufa
SALIKHOV Gafur Gubaevich
Ph.D. in philosophical sciences, professor of Philosophy and cultural studies sub-faculty of the Ufa University of Science and Technology
SOCIAL COMPARISON AS A MECHANISM FOR THE FORMATION OFLIFE`S STRATEGIES OF A SUBJECT IN THE PROCESS OF ITS REPRODUCTION
The formation of a personality as a subject of reproduction occurs through the implementation of life`s strategies. It is considered as a system of life`s orientation, one of the elements of which is social comparison. The functional dynamics of this process places social comparison in the role of the subject’s life`s orientation system. Life`s strategies are considered as one of the complex levels of philosophical orientation of a personality in the socio-cultural space of being. The retrospective level of life`s orientations is formed in the axis of life time “from the present to the past”.
Keywords: subject, social comparison, life strategies, reproduction, system, value, life choice.
Bibliographic list of articles
1. Aslanov Ya. A. Political socialization of youth as a sociocultural phenomenon // Bulletin of the South Russian State Technical University (NPI). Series: Socio-economic sciences. – 2023. – T. 16. No. 4. – P. 25-37.
2. Baubekova G. D., Nagymzhanova K. M., Zhantikeev S. K., Raushanova I. M. Development and socialization of personality in the family // Innovative development: the potential of science and modern education / Ed. ed. G. Yu. Gulyaeva. – Penza, 2022. – pp. 175-185.
3. Gordeev K. S., Dubrovin N. A., Ermolaeva E. L., Zhidkov A. A., Ilyushina E. S. Concept, factors and mechanisms of socialization // Humanitarian Research. – 2021. – No. 5 (117). – pp. 108-110.
4. Malkevich A. A. Socio-political portrait of Russian youth // Eurasian Scientific Review. – 2023. – No. 1 (6). – pp. 65-73.
5. Pilipenko E. V. Dynamics of the use of free time by student youth // Modern youth and society. – 2023. – No. 11. – P. 29-34.
6. Salikhov G. G. The importance of Yu. Balasagunsky’s creativity in the spiritual development of Turkic peoples in the context of global challenges // Culture, creativity and innovation for sustainable development: materials of the All-Russian scientific and practical conference (Ufa, April 27, 2023) / Rep. ed. L. A. Itkulova. – Ufa: RIC UUNiT, 2023. – pp. 195-202.
7. Salikhov G. G. Man of the era of globalization / G. G. Salikhov; scientific editor B. S. Galimov. Monograph. – M.: Nauka, 2008. – 560 pp.
8. Salikhov, G. G. Man in a globalizing world: socio-philosophical analysis: dis. … doc. Philosopher Sciences: 09.00.11. – Ufa, 2010. – 361 p.
9. Sakhavchuk N.V. The phenomenon of socialization in scientific foreign concepts of personality development: theoretical aspect // Bulletin of the Academy of Civil Defense. – 2021. – No. 1 (25). – pp. 144-149.
PHILOSOPHY. RIGHT. SOCIETY
PECHERINA Ekaterina Andreevna
postgraduate student of the Novosibirsk State University of Economics and Management
VALUE CONFLICT OF CHRISTIANITY AND PAGANITY
The purpose of this article is to explore the value differences and similarities between paganism and Christianity. The author’s scientific interest is due to the fact that currently there is increased attention to the study of the beliefs and rituals of the Slavs during pagan times. Today we can say with confidence that most of the particular issues about Slavic paganism have been sufficiently studied, although there are a number of debatable issues regarding the development of a number of important provisions.
Keywords: values, paganism, Christianity, dual faith, social institutions, worldview, Christianization of the population.
Bibliographic list of articles
1. Kolosova I.V. New religious movements in Russia and the CIS // Observer. – 2016. – No. 11 (322). – pp. 19-35.
2. Kulikova E. A. Paganism and Christianity: problems of dual faith. – Sociosphere, 2015. – pp. 5-7.
3. Simonov V.V. General history of the church: from the birth of the Church to the Reformation. – Science, 2017. – 368 pp.
4. Simonov V.V. Christian civilization: system of basic values, forms of organization of knowledge, cultural and social implementation, forecast // World experience and the Russian situation. – 2015. – No. 3. – P. 10-45.
5. Kartashev A.V. Essays on the history of the Russian Church. – Moscow; Berlin: Direct-Media, 2020. – 571 p.
6. Maltseva N. A. The influence of the values of pagan and Christian religion on the genesis of social assistance to “Youths” // Theory and practice of social development. – 2010. – No. 4. – P. 55-59.
7. Hobbes T. Leviathan or matter, form and power. – State socio-economic publishing house, 1936. – 520 p.
8. Danilova (Ginder) V. E. Philosophy of religion. – “Flinta”, 2013. – 536 pp.
9. Shishkova N.V. History and cultural studies. – Logos, 2004. – 213 p.
10. Lukyanov S. A. Witchcraft as a type of religious crime in ancient Russian legislation // Socio-political sciences. – 2017. – No. 4. – P. 64-69.
11. Lukyanov S. A. GoStatehood, Church and Paganism of Ancient Rus’ // Business in Law. – 2009. – No. 2. – P. 58-61.
12. Safronov S. A. Concept of the Christian state of N. A. Berdyaev // Philosophy Sociology. Right. – 2020. – Volume 45. No. 4. – P. 775-780.
13. Berdyaev N. A. The problem of the Christian state // Modern Notes. – 1927. – No. 31. – P. 280–305.
14. Berdyaev N. A. New religious consciousness and the public. – Direct – Media, 2008. – 326 p.
PHILOSOPHY. RIGHT. SOCIETY
SHAKHMAMEDOV Karim Anvarovich
master of Islamic Law, doctoral student of the Bulgarian Islamic Academy, Republic of Tatarstan, Bolgar
DIFFERENCES BETWEEN ISLAMIC AND MATERIALIST VIEWS OF THE FAMILY, BY THE EXAMPLE OF THE TEACHINGS OF K. MARX AND F. ENGELS
This article explores the differences between Islam and materialist views on the family, using examples from the teachings of philosophers and sociologists K. Marx and F. Engels. In the context of Islam, family relationships are seen as natural and important, expressing the natural qualities of a person. While the materialistic perspective emphasizes the social and economic factors that play a role in family structure. Analysis of these approaches helps to identify differences in the perception and regulation of family relationships in two different views.
Keywords: Islam, materialism, family, views, differences.
Bibliographic list of articles
1. Marx K. and Engels F. Works / Institute of Marxism-Leninism under the CPSU Central Committee. State publishing house of political literature. Moscow: Publishing house. 2, 1961.
2. Marx K. and Engels F. Works: in 39 volumes. Volume 2. Second edition. Moscow: Publishing House of Political Literature, 1955-1974. 651. p.
3. Marx K. and Engels F. Works: in 39 volumes. Volume 3. Second edition. Moscow: Publishing House of Political Literature, 1955. 629 p. [Electronic resource]. – Access mode: https://www.marxists.org/russkij/marx/cw/t03.pdf
4. Marx K. and Engels F. Works: in 39 volumes. Volume 20. Second edition. Moscow: Publishing House of Political Literature, 1955-1974. 827 pp. [Electronic resource]. – Access mode: https://www.marxists.org/russkij/marx/cw/t20.pdf
5. Marx K. and Engels F. Works: in 39 volumes. Volume 21. Second edition. Moscow: Publishing House of Political Literature, 1955-1974. State publishing house of political literature. Moscow: Publishing house. 2, 1961. 745 p. [Electronic resource]. – Access mode: https://www.marxists.org/russkij/marx/cw/t21.pdf.
6. Koran, translation of meanings / Kuliev E. R. M.: Umma Publishing House, 2007. 688 pp.
7. Koroleva T.V. Women’s movement during the Great French Revolution // Metamorphoses of history. 2002. No. 2. P. 170-186.
8. Chronicles of Marxism / Institute of K. Marx and F. Engels. Moscow; Leningrad: State. publishing house, 1926-1930. Vol. 3. 1927. 159 p.
9. Ryazanov D. B. Views of Marx and Engels on marriage and family. B. Moscow: Young Guard, 1927. 68 p.
10. Engels F. On the situation of the working class in England. 1845. 651 p. [Electronic resource]. – Access mode: https://altkprf.ru/upload/iblock/e00/e003688f15c616416121ca8059fb95d1.pdf.
11. Al-Aqqad, Abbas Mahmoud Al-Insan fi al-Quran, Hindawi Foundation for Education and Culture, Egypt, 2012. 162 pages.
12. Al-Hayt, Rula Mahmoud. Al-Mufardat al-Qur’aniyya fi Mawdu’i al-Usra: Dalalatuha al-Fiqhiyya wa Imtidaduha al-Ijtima’i. Rula Mahmoud Al-Hayt, Al-Usra al-Muslima fi Zill al-Taghayurat al-Mu’asira. Al-Ma’had al-Alami lil-Fikr al-Islami; Amman: Dar al-Fath, 22nd ed., 1436 H / 2015 AD. pp. 23-56.
13. Al-Najjar, ‘Abd al-Majyd ‘Aqeedat takreem al-insan wa atharaha al-tarbiy, majallah al-Muslim al-Mu’asir, Lubnan. 1994. No. 72/71. (in Arabic)
14. Al-Qabbanji, Sadr al-Din, Islam and the Problems of Modernity, Islamic University, Najaf al-Ashraf, ed. 1, 1430. 162 pages.
15. Al-Rifai, Samira Abdullah. Al-Muathirat al-Fikriyya fi al-Tarbiyya al-Usra’iyya wa Subul Muwajahatiha: Tayarat al-Darwiniyya al-Ijtima’iyya wa Qiyam Ma Ba’d al-Hadatha Namudhajan. Samira Abdullah Al-Rifai, Al-Usra al-Muslima fi Zill al-Taghayurat al-Mu’asira. Al-Ma’had al-Alami lil-Fikr al-Islami; Amman: Dar al-Fath, 22nd ed., 1436 H / 2015 AD. pp. 575-611.
16. Hassouah, Maher Hussein. Maqasid al-Usra wa Usus Bina’iha fi al-Ru’ayat al-Islamiyya. Maher Hussein Hassouah. Al-Usra al-Muslima fi Zill al-Taghayurat al-Mu’asira. Al-Ma’had al-Alami lil-Fikr al-Islami; Amman: Dar al-Fath, 22nd ed., 1436 H / 2015 AD. pp. 181-216.
PHILOSOPHY. RIGHT. SOCIETY
YAGUDIN Fanur Taipovich
postgraduate student of the Ufa State Petroleum Technical University
SOCIO-CULTURAL FACTORS OF COGNITIVE DISSONANCE IN THE SUBJECT OF COGNITION
The article is devoted to the sstudy of socio-cultural factors in the emergence of cognitive dissonance in the subject of cognition. The problem of cognitive dissonance is revealed on the basis of an analysis of the nature of human cognition and its boundaries, the essence of human thinking, the perception of objective reality, the formation of knowledge and the development of behavioral strategies. The role of the media, mass culture and education in the emergence of value contradictions in a social subject, causing cognitive dissonance in the process of cognitive activity, is shown.
Keywords: social subject, cognitive dissonance, values and value orientations, media, mass culture.
Bibliographic list of articles
1. Vildanov Kh. S. Motivational structure of human behavior: social and pedagogical aspect // Modern problems of science and education. – 2016. – No. 3. – P. 214.
2. The latest philosophical dictionary. – Minsk: Book House, 1999.
3. Festinger L. Theory of cognitive dissonance / Transl. from English A. Anistratenko, I. Znaesheva. – St. Petersburg: Yuventa, 1999. – 318 p.
4. Vildanov Kh. S., Kubagusheva G. R., Yurochkin D. M. The role of the media in the formation of values and value orientations // Kazan Science. – 2013. – No. 11. – P. 183-185.
5. Vildanov Kh. S., Kunafina G. A. The influence of organized leisure on the socialization of youth // In the collection: Science today: theory and practice. Collection of scientific papers of the international correspondence scientific and practical conference. Ufa State University of Economics and Service. – 2015. – pp. 165-167.
PHILOSOPHY. RIGHT. SOCIETY
ISMAILOV Nurmagomed Omarovich
Ph.D. in philosophical sciences, associate professor, associate professor of Humanitarian sciences sub-faculty of the Financial University under the Government of the Russian Federation
SOCIAL JUSTICE AS A RIGHT OF FREE ACTIVITY
The subject of the study is social justice as a human right to free work, to free activity in general. The issues of free activity of an individual in the context of the problem of justice require its deeper research in connection with serious changes in the socio-economic and political-legal spheres of society. The State as a political organization should serve as the most important goal for the individual in the sense that it should provide a person with his natural rights, which he possesses by nature, through positive law. The author investigates the problem of social justice and free activity of the individual in the context of the interrelation of all spheres of human life, using also the principle of development, the principle of historicism, axiological approach. The novelty of the study lies in the author’s interpretation of the right of free activity as the most important moment in the definition of social justice, among other important aspects.
Keywords: social justice, freedom, responsibility, equality, law, natural law, personality, work, activity, interests.
Bibliographic list of articles
1. Akhmedova M. G. On the issue of sustainable development of society // Philosophy and Society. – 2022. – No. 3 (104). – P. 40-55.
2. Bayanov K.R. Prospects for socio-technical development of Russia: problems of methodology // Philosophy of Economics. – 2010. – No. 3 (69). – pp. 160-166.
3. Bilalov M.I. Civil society in the era of globalization (USA and Russia) // Humanities and socio-economic sciences. – 2005. – No. 1 (16). – pp. 169-172.
4. Gorky M. Collected works in thirty volumes. T. 17. Stories, essays, memories 1924-1936. – M.: State Publishing House of Fiction, 1949. – 112 p.
5. Ismailov N. O. On the issue of the relationship between justice and morality // Humanitarian and socio-economic sciences. – 2010. – No. 1 (50). – pp. 25-29.
6. Ismailov N. O. John Rawls’s concept of justice // Philosophy and culture. – 2014. – No. 3 (75). – P. 350-361.
7. Ismailov N. O. A Just Society as a Project for the Future in the Philosophy of A. M. Kovalev // Politics and Society. – 2014. – No. 3 (111). – pp. 277-286.
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PHILOSOPHY. RIGHT. SOCIETY
MADZHUGA Anatoliy Gennadjevich
Ph.D. in pedagogical sciences, professor, Head of Pedagogy, psychology and health care sub-faculty of the Institute for the Development of Education of the Republic of Bashkortostan, Ufa
KHAYDAROVA Melana Leonidovna
senior lecturer of Pedagogy and preschool psychology sub-faculty of the Chechen State Pedagogical University, Grozny
RAKHMATULLINA Shaura Mazhitovna
Ph.D. in philosophical sciences, associate professor of Preschool and primary education sub-faculty of the Institute for the Development of Education of the Republic of Bashkortostan, Ufa
SAMOLOVOV Nikolay Alexandrovich
Ph.D. in pedagogical sciences, associate professor of Sports disciplines sub-faculty of the Nizhnevartovsk State University, Nizhnevartovsk
PROFESSIONAL SELF-DETERMINATION OF A PERSON: THE ESSENCE, MECHANISMS AND EMPIRICAL INDICATORS
The article examines the essence of the concept of “professional self-determination”, shows the relationship between professional self-determination and professionalization of personality. The authors pays attention to the characteristics of various types of professional self-determination and the stages of formation of the subject of professional self-determination. In the context of the study, the description of empirical indicators of professional self-determination is presented and the specificity of its mechanisms is shown based on the patterns of professional personality development in various periods of ontogenesis. Based on the theoretical analysis of the literature on the research problem, the definition of “professional self-determination” has been clarified.
Keywords: professional self-determination, professional self-awareness, professional development, labor subject, empirical indicators, professional orientation, crisis of professional choice.
Bibliographic list of articles
1. Batyreva M.V. The process of professional self-determination of urban youth. Author’s abstract. dis. …cand. sociol. Sci. – Tyumen, 2003. – 25 p.
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3. Druzhinin V. N. Psychology: a textbook for humanitarian universities. – St. Petersburg: Peter, 2001. – 656 pp.
4. Zeer E.F. Psychology of professions. – M.: Academic Project, 2008. – 336 p.
5. Zeer E.F., Symanyuk E.E. Crises of professional development of personality // Psychological journal. – 1997. – Volume 18. No. 6. – P. 35-44.
6. Klimov E. A. Psychology of a professional. M.: Publishing house “Institute of Practical Psychology”. – Voronezh: NPO “MODEK”. – 1996. – 400 p.
7. Markova A.K. Psychology of a professional. – M., 1996. – 308 p.
8. Samukina N.V. Psychology and pedagogy of professional activity. – M.: Association of Authors and Publishers “Tanem”. EKMOS Publishing House, 1999. – 352 pp.
9. Slobodchikov V.I. Anthropological meaning of transition crises in development and education // Psychology of education. – 2008. – No. 1. – P. 4-25.
10. Pomazkova I. S. Professional self-determination of Russian youth in conditions of social uncertainty // Author’s abstract. …cand. sociol. Sci. – Rostov-on-Don, 2011. – 33 p.
11. Professional self-determination of schoolchildren: experience, traditions and innovations: materials of the II All-Russian scientific and practical conference (with international participation), November 3, 2023 / Ministry of Science and Higher Education of the Russian Federation [etc.]: compiler, scientific editor N. V. . Abramovsky. – Surgut: RIO BU “Surgut State Pedagogical University”, 2023. – 134, [1] p.
12. Pryazhnikov N. S. Career guidance at school: games, exercises, questionnaires (grades 8-11). – M.: VAKO, 2005. – 288 p.
13. Starostina N. N. Professional self-determination as an important component of professional socialization of the individual // Scientific Review. Pedagogical sciences. – 2017. – No. 5. – P. 174-177.
14. Yumatova I. I. Dynamics of professional self-determination of students (on the example of a pedagogical university): Abstract. dis… cand. psychol. Sci. – Rostov-on-Don, 2000. – [Electronic resource]. – Access mode: http://www.dissercat.com/content/dinamika-professionalnogo-samoopredeleniya-studentov-na-primere-pedagogicheskogo-vuza (date of access: 03/12/2024).
SPEECH AT THE CONFERENCE
MATSKEVICH Igor Mikhaylovich
Rector of the University of the Prosecutor’s Office of the Russian Federation, State Adviser of Justice of the 3rd class, Honorary employee of the Prosecutor’s Office of the Russian Federation, Ph.D. in Law, professor, Honored Scientist of the Russian Federation, Honorary Worker of higher professional Education of the Russian Federation, laureate of the Government of the Russian Federation in the field of education
DISSERTATION RESEARCH ON ISSUES OF PROSECUTORIAL ACTIVITY AND NOT ONLY
Presentation at the International Scientific and Practical round table “Preparation and defense of qualifying scientific papers (dissertations): current issues of legal regulation and law enforcement practice”. Minsk on April 3, 2024.
Keywords: prosecutorial activity, dissertation, research.
Bibliographic list of articles
1. Matskevich I.M. Once again about the two-level system of awarding academic degrees // Legal education and science. – 2013. – No. 2. – P. 2-13.
2. Alferov Zh. I. Science and society. – St. Petersburg, 2013. – P. 303.
INDEXING OF THE JOURNAL
International scientific and practical law journal Included in the VAK Ministry of Education and Science of the Russian Federation list
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