CONTENT OF NUMBER AND SUMMARIES OF ARTICLES
EURASIAN LAW JOURNAL №5(192)2024
PERSONA GRATA
A. V. Kirilchenko:
Uniform application of law as a guarantor of Eurasian integration
Interview with Kirilchenko Alexander Viktorovich, advisor, lawyer, head of the practice of customs law and international trade of the law firm BGP Litigation.
INTERNATIONAL LAW
Mishalchenko M. Yu.
International legal aspects of energy cooperation of the EAEU member states
Ngatheyo A. C. P., Pasenov A. N.
The advisory role of the African Court on Human and Peoples’ Rights within the African Union
Paramuzova O. G.
Theoretical and legal discourse on the nature of international atomic law in the light of modern realities
Shkiperov A. A., Artemov G. A.
Current problems of protecting the national interests of the Russian Federation within the framework of the Eurasian Economic Union. On the example of extraction (catch) of the aquatic biological resources
Alieva M. N., Bekishev M. Sh.
Drug distribution and trafficking as a social and legal problem
Batalov A. A.
Issue of subject-matter of international air law: from air law to the law of the atmosphere?
Gribkov T. D., Matveevskaya A. S.
Institutions of humanitarian cooperation of Turkey in Central Asia
Zakharova A. D.
International legal approaches to the definition of international information security and threats in this area
Lukyantseva I. G.
Features of the acceptance and use of electronic evidence in international criminal courts
Magomedova S. G.
Historical aspects of the emergence human rights approach to the problem of the environment and the emergence of the concept of environmental rights
Strelchenya I.D.
Achievements in sustainable development policy on the example of some members of the EAEU (Russian Federation, Republic of Belarus)
Scobileva I. V., Makhonin D. D.
Subjects of federation as parties to international legal relations
Chutkova Yu. D.
Actual questions of realization of the nuclear nonproliferation regime
INTERNATIONAL HUMANITARIAN LAW
Teneta A. B.
The contribution of the International Red Cross and Red Crescent Movement to the development of international humanitarian law for the protection of prisoners of war and detainees
Lebedinskaya I. M.
New challenges to international humanitarian law regarding the use of unmanned aerial vehicles in armed conflicts
INTERNATIONAL PRIVATE LAW
Klimov A. P.
The principle of transparency in norms of international trade law
EUROPEAN LAW
Chernobaev S. V.
The role and current challenges of the application of individual anti-competitive bans in the EU
Chumychkin A. A.
Reform of the control mechanism in the areas of extraction and conservation of marine biological resources in the European Union: legal aspect
LAW OF THE FOREIGN COUNTRIES
Bogatyreva O. V., Dzyuban V. V., Zakopyrin V. N.
The main aspects of the functioning of Chinese private military companies
COMPARATIVE LAW
Savchenko D. A.
Comparative analysis of approaches to identifying burial grounds in the legislation of EAEU member states
THEORY OF STATE AND LAW
Gabdullina A. R.
Property as a phenomenon in the value system of Russian legal thought
Guseva G. V., Samoylova Zh. V.
Offense: theoretical and historical aspect
Dubrovin M. A.
Russia and China in the context of a multipolar world: an integration approach
Ermolaev O. I.
On the issue of the activities and role of individual state structures created to prevent interference in the internal affairs (internal policy) of the state
Musaeva A. G., Agasieva M. N.
The political regime: as an element of the form of the state
Paronyan K. M.
Theoretical and legal foundations of the institution of censorship in the digital and analog space
Samoylova Zh. V.
Legal awareness and active suffrage
Ulaeva N. L.
The importance of the axiomatic method for legal science
Chuksina V. V.
Theoretical and legal understanding of the concept of «institution for the promotion and protection of human rights»
Chabanenko L. V.
The genesis of the introduction of digital technologies into jurisdictional processes in the Russian Federation
Furman F. P.
Terrorism as a political and legal phenomenon. Traits, typology
Padin A. E.
Progressive and protective development of the principle of adversary in Russian law based on the national legal tradition
Kulieva A. M.
Challenges and risks in the process of law digitalization
Mizieva S. I.
The content of legal coordination: the problem of establishing
HISTORY OF STATE AND LAW
Gabdrakhmanov F. V.
Planning in the early years of the Soviet Prosecutor’s Office (1922-1925)
Mirkhaydarova M. Yu.
The history of the formation of the presentation for identification as an investigative action
Serkerov S. E., Payzulaev A. Z.
The genesis of the Institute of labor protection in Russian legislation in the 90s of the twentieth century. Theoretical and legal studies
Furman T. G.
The formation of modern political and legal culture in Russia
Furman F. P.
Political, legal and ideological differences between early Marxists and populists
Manaeva E. K.
The historical policy of Russia in the era of enlightened absolutism (the second half of the XVIII – early XIX century)
Tupikina E. A.
Development of legislation on conciliation procedures, taking into account the experience of foreign countries
CONSTITUTIONAL LAW
Akhmedov S. M., Saybulaeva S. A.
Legal properties of the Constitution of the Russian Federation
Ibaev R. K., Khanmurzaev R. B.
The place of the constitutional court of the Russian Federation in the judicial power of the Russian Federation
Zhivodrova S. A., Zhivodrova N. A.
Features of combating corruption in public service in foreign countries, using the example of the United Arab Emirates
Kazimagomedov K. Sh., Ramazanova E. T.
Territorial public self-government as a form of direct democracy
Klimova O. V., Ilyinykh A. V.
Constitutional reform 2020: analysis of individual amendments to the constitution of the Russian Federation
PidurovT. L., Ramazanova E. T.
Privacy as a reproductive right
Alekhin T. O.
Cultural human rights in the constitutions of Russia and India: a comparative review
ADMINISTRATIVE LAW
Baranova S. A.
On the issue of administrative and legal guarantees for individuals involved in maintaining public order
Kadykov A. V.
On the issue of the administrative and legal regime for regulating the production of pesticides and agrochemicals intended for export
Markina A. Yu., Livshits S. A., Litvickiy K. P.
Legal regulation of ensuring technological sovereignty of the Russia pharmaceutical industry
Seidov G. Z.
The concept of information security of minors
Gera Yu. M.
The concept and essence of discretion in the proceedings on administrative offenses
Kan K. A.
To the issue of determining the essence of federal territory
Kurashova M. M., Chachkhiani M. N.
Problems of implementing the concept of «good governance» in the Russian Federation: reality and prospects
CIVIL LAW
Gaybatova K. D., Mustafaev D. Sh.
Inheritance agreement in the Russian legal system
Deltsova N. V.
Some aspects of the legal regulation of the pledge of exclusive rights
Zubkova M. N., Buraykin A. V.
Termination of the exclusive right to a trademark
Idrisova M. E., Huseynova L. V.
Company name as a means of individualization of a legal entity
Kirillova E. A., Lukin D. S.
Legal status and main features of smart contracts
Kress V. V.
The evolution of the understanding of intangible benefits in the science of civil law
Kurmanbaev M. M.
The concept of housing and communal services: economic and legal approaches
Linnikov A. S.
Regulatory prerequisites for civil law control in the construction contract
Mazanaev M. S., Taygibova Z. Z.
Peculiarities of taxation of individual entrepreneurs and the self-employed
Maslennikova L. V., Nebieridze D. N.
New legislation in out-of-court bankruptcy
Medentseva E. V., Tyunin I. I.
Issues of legalization of unauthorized buildings
Medzhidova E. V.
Some problems of legal regulation of negotiations on conclusion of an agreement in business activity
Nazarova N. A., Kalyuzhny E. A.
Legal basis of medical care for elderly citizens in the Russian Federation
Nukhkadiev M. R., Gaybatova K. D.
Alienation of real estate in connection with the seizure of a land plot for state or municipal needs
Petrov N. V., Mashkova A. D.
Problems of determining the place of the digital ruble in the system of objects of civil rights
Smolina O. S.
Transactions via digital platform with natural resources in the light of improvements of civil and natural resources legislation of the Russian Federation
Startseva S. V.
Individual issues recognition of a citizen as legally incompetent
Khazeeva L. I.
Features of the legal regulation of the work of the head of the organization
Yastremskiy I. A.
Civil law features of performing plastic surgery for minors
Karyukin M. I.
A significant change in circumstances as the basis for changing or terminating the contract
Svetlichny A. V.
Evolution of development of legislation on the transportation of passengers and baggage in direct mixed communications involving railway transport
Startseva S. V.
Liability for breach of obligations in business activities
Savchenko D. A.
Comparative analysis of approaches to identifying burial grounds in the legislation of EAEU member states
Yastremskiy I. A.
The legal significance of forensic medical examination of disputes between a patient and a plastic surgery clinic in courts of general jurisdiction
Alibekov D. I.
State registration of land in the Russian Federation
Babaev E. A.
Cross-border franchising agreement in the context of new economic trends of the 21st century
Bashkirov I. A.
Additional sources of personal data regulation: comparison of USA’s and Russian experience
Derevyanko O. V.
Divorce in court: key features of divorce proceedings
Kolomiets V. A.
Historical development of the institution of judicial representation
Solod K. A.
Current issues and directions for improving the legislation of the Russian Federation regarding the activities of aggregators of goods and services and the legal status of their owners
Chukhadgan G. A.
International legal aspects of inheritance of extortionate property
CIVIL PROCESS
Avdeeva U. A., Elmurzaev A. V.
Costs associated with the consideration of the case in civil proceedings
Morozova T. B.
Subsidiary liability of persons controlling the debtor, problems of legal certainty
Puzikov R. V., Sviridov A. E.
Emoji as evidence in civil and arbitration proceedings
Provatkina V. E., Bavin D. E., Korkin M. S.
Problems of mediation procedure in civil proceedings
Savenkov A. A., Morozova S. Yu.
The impact of Lord Woolf’s reforms on case preparation for trial
Sarkisyan V. G.
On the issue of the formation of the institution of third parties and in the civil process
INFORMATION LAW
Perminova M. O.
Problems and prospects of legal regulation of neural networks
ARBITRATION PROCESS
Mitashova A.A., Vilgauk V.Yu.
The problem of distribution of the burden of proof between spouses in insolvency (bankruptcy) cases: issues of theory and practice
LAND LAW
Alibekov D. I.
The procedure for creating artificial land plots
FAMILY LAW
Dubrovina A. N., Fantrov P. P.
Peculiarities of concluding a marriage contract remotely by means of information and communication technologies
Lyapin N. M.
The grounds for reducing the age of marriage in Russia: features of legal regulation
Eldarova D. A.
Legal consequences of sex change for married persons
LABOUR LAW
Linets A. A.
Legal aspects of the application of artificial intelligence technologies in the field of labor (part 2: issues of perception of justice)
Vasilenko Yu. E.
The formal nature of labor relations in the context of judicial practice
FINANCIAL LAW
Brykin K. I.
Regional currency as an object of financial legal relations
Vinnik A. V.
On assessing the use of tax preferences by scientific organizations in the context of protecting their rights as taxpayers (based on an analysis of judicial and arbitration practice)
Kalin V. I.
Ways to ensure proper fulfillment of obligations arising from a bank loan agreement
Zaripov R. R., Ermakov S. V.
Features of the application of tax legislation in relation to bodies and institutions of the Federal Penitentiary Service of Russia and the Ministry of Internal Affairs of Russia in the payment of regional taxes
ECOLOGICAL LAW
Perelekhova T. S., Ermolina M. A.
Features of cadastral registration and registration of rights to a land plot, taking into account information about the presence of minerals on its borders
Safaryan Ya. G.
The city as an object of legal providing of environmental safety
CRIMINAL LAW
Amirkhanyan V. G., Fedortsov A. V., Marchenko I. N.
Optimization of countering extremist activity: the role of an integrated approach
Balabkin D. A., Abrosimov I. S., Gogoleva V. V.
The place of legal culture in the system of anti-corruption measures in the Russian Federation
Vrazhnov A. S., Volkova O. V., Sabiev S. S.
On the issue of military lawyers providing legal assistance in criminal and other cases in the territory of the Special Military Operation in Ukraine
Kutsev V. V.
Causes and conditions for committing crimes in the field of drug trafficking
Makhmudova M. A., Marianov A. A.
Problematic issues of an unfinished crime
Milova I. E., Grigoryan A. Kh.
Actual aspects of criminal liability for embezzlement of funds from bank cards committed using information and communication technologies
Mikhaylova I. A., Ibodov R. N.
Topical Issues of Countering Transnational Crime in the Russian Federation
Murtazin A. I., Bulatov D. V., Platonov L. A.
Features of investigation and disclosure of crimes related to illicit drug trafficking
Muginova Z. R.
Conditions for the legality of causing harm when detaining a person who committed a crime
Nesterenko A. V.
On the issue of the ideology of terrorism and ways to counter it
Osadchaya N. G.
Exemption from criminal liability and punishment of contracts and contractors during mobilization or wartime: issues of legal regulation
Radchenko O. V., Smolyaninova D. V.
Suffering as a result of extreme cruelty during the commission of crimes: historical and legal analysis
Stupina S. A.
Some questions of qualification of ongoing crimes against sexual integrity
Cherepnenko E. A.
General characteristics of latent crime and the main methods of its assessment
Vasiljeva D. V.
Problems of determining objective signs of illegal actions in bankruptcy
Konnov R. A.
The essence and principles of criminal law policy in the field of protection of the foundations of the constitutional system of the Russian Federation
Korchagin A. G., Mozhenko N. S.
Restriction of competition: elements and signs
Kostenko A. I.
Coercive measures related to the restriction of liberty under foreign legislation and legal means to ensure their enforcement: comparative legal analysis and prospects for reception by the Russian legislator
Lukyanov S. A.
Misappropriation or embezzlement using a person’s official position: qualification mistakes
Kirillov I. A., Stupina S. A.
Certain issues of qualification of assistance to terrorist activities
Chigrina O. R.
On the issue of determining the true indicators of improper provision of medical care to a patient as a condition for the criminalization of the crime of the same name
CRIMINAL PROCESS
Akhtyamova K. M., Podkovka S. V.
Institute for ensuring the security of participants in criminal proceedings: questions of theory and practice
Litvinov R. V., Butova K. P.
Current problems of forensic examination
Maslennikova E. A.
On the issue of legislative improvement of the principles of criminal justice
Melikova I. M., Sefikurbanov K. S.
Judicial investigation in criminal cases as a reflection of the main problems of domestic justice
Murtazaliev M. K., Datsieva Kh. G.
The court as a participant in criminal proceedings in the Russian Federation
Murtuzova Kh. M., Begova D. Ya.
Features of pre-trial proceedings in criminal cases against minors
Roshka M. Ya.
The role of determinants in the criminological prevention of juvenile delinquency
Safronov D. M.
Urgent cases during investigative actions in the home in everyday activities and special conditions
Sokolov Yu. N.
On the possibility of evidence arising outside the criminal process
Sukhinin A. V., Tsebekova G. V., Ustarov M. R., Mucheryaeva G. A., Nalykov G. S.
The concept of an anonymous witness in Russian criminal law
Alkhimenko Yu. V.
On the question of the correlation of the concepts of electronic and digital evidence in the criminal process of the Russian Federation
Bibikova O. V.
The concept and meaning of enforcement of a sentence in terms of confiscation of property at the stage of preliminary investigation
Murtazaliev M. K., Datsieva H. G.
The court as a participant in criminal proceedings in the Russian Federation
Murtuzova Kh. M., Begova D. Ya.
Features of pre-trial proceedings in criminal cases against minors
CRIMINALISTICS
Dolgushina L. V.
Explosives: classification approaches
Kornakova S. V., Kochetkova I. V., Osipova M. A.
On the issue of the content of the requirement for the independence of judges
Nazarkin E. V., Novikova L. V.
Features of the tactics of conducting an inspection of the scene during the investigation of illicit trafficking in narcotic drugs and psychotropic substances in institutions providing isolation from society
Prourzina O. Yu.
The possibilities of using digital surveillance and control systems in the detection and investigation of crimes in railway transport
Stanovaya O. V. Chetverous A. N.
Forensic examination of license plates on the body and engines of cars
Tykheev M. S.
Features of initiating criminal cases of fraud committed using cellular (mobile) communications (telephone fraud)
CRIMINOLOGY
Babanina D. V.
Problems of the development of the criminological theory of the causes and conditions of crime
Kabakova E. S.
Problems of cybercrime investigation on the example of Krasnoyarsk Krai
Milova I. E., Mikhaylin D. A.
On the issue of criminological characteristics of mediation in bribery
Muksinova A. F.
Drug crime in Russia: status and trends
Sagaydak A. Yu., Turunova M. N., Yuzikhanova E. G.
The system of combating juvenile delinquency caused by the influence of the Internet
Fantrov P. P., Dubrovina A. N.
Trends in the modernization of legislation in the context of the prevention of violent crimes committed in the domestic sphere
Abazekhova Z. I.
Criminological characteristics of the illegal organization and conduct of gambling
LAW ENFORCEMENT AGENCIES
Jamborov A. A.
Some features of the use of training exercises when conducting fire training classes with employees of the internal affairs bodies of the Russian Federation
Legostaev S. V.
On expanding the coordination function of the prosecutor’s office
Magarramov M. D., Magomedov M. A.
The role of the prosecutor’s office of the Russian Federation in ensuring the security of the state and society: legal analysis of sources
Motorina I. S.
General trends in the development of conciliation institutions of the Russian Federation
Silantjev A. V., Grishchenko A. S., Yudin S. V.
Ensuring security and legal order: the experience and measures of the Ministry of Internal Affairs of Russia
Tonyshev A. V., Udodov A. G.
Education of the culture of interethnic communication in the bodies of internal affairs
Khalilullin F. F., Zhabkin A. S., Karpov A. A., Merkazova V. A.
On the main directions of training police officers to act in special conditions
Kholopova T. V.
The role of internal affairs bodies in the system of legal relations arising in the field of preventive impact
Tsarkova E. G.
The use of machine learning in law enforcement agencies in crime forecasting: foreign experience
PROSECUTOR’S SUPERVISION
Ivanova I. A. Yakovlev N. M.
Prosecutoral supervision over the execution of legislation on air protection
SECURITY AND LAW
Alexeev A. M., Cherneykin P. P., Berezovikov Е. V.
On the issue of application of security measures «personal protection, security of home and property»
Romanov A. A.
On improving the legal regulation of the use of weapons by employees of security units ensuring the safety of persons subject to state protection
Fedosov A. V., Valitova K. A., Valeev R. I., Nazmutdinov A. A.
Analysis of problems in the work of a labor protection specialist
Lyuev T. Kh.
Problems of international cooperation of States in countering terrorism
PEDAGOGY AND LAW
Bukhtoyarov I. I., Linevich Ya. V., Martynyuk S. N., Litvinenko A. A.
Teaching methods used in educational organizations of the Ministry of Internal Affairs
Zhabkin A. S., Starostin V. G., Melnik K. A., Roditeleva Ya. N.
The role of an integrated approach in shaping the readiness of future police officers for professional activity
Kiktev A. V. Chetverous A. N.
Digital transformation of education. Digital didactics, digital literacy and the formation of digital competencies
Kravchenko O. G., Kovalev T. V., Gusak V. V., Buzhskiy A. A.
The use of innovative technologies in conducting fire training classes at universities of the Ministry of Internal Affairs of Russia
Kuznetsov A. V., Idrisov I. K., Boloban M. L., Leshchev A. I.
Pedagogical foundations of the use of innovative technologies in the educational process of the University of the Ministry of Internal Affairs
Madzhuga A. G., Azhiev A. V.
The methodology of the value-competence approach in the context of military-patriotic education of students
Tsarkova E. G., Zorina N. S.
Moral and patriotic education of juvenile convicts serving sentences in educational colonies
Popova N. V., Zhelonkin V. V., Tatarnikov S. A.
Problems of studying legal disciplines in pedagogical university
Serkerov S. E., Marianov A. A., Kuhmazov N. K.
Some problems of combating corruption in the educational environment
Subbotin V. Ya.
The legal foundations of a healthy lifestyle for students
Frolova E. V.
The civic identity of students in the conditions of turbulent socio-political processes: the concept and ways of its formation in higher education
Egorova O. I., Fomina D. S., Gladilova E. A.
Teaching the basics of secular ethics in the modern educational process
SPORTS LAW
Makhonin D. D., Scobileva I. V.
Peculiarities of the legal status of underage professional athletes
SOCIOLOGY AND LAW
Anisimova V. A., Frolova S. V., Aguzarov A. V.
Problems of career guidance work with schoolchildren and youth and extracurricular activities as an effective factor in its formation (on the example of the Ryazan institute (branch) of the Moscow polytechnic university
Savitskaya Yu. P.
Socio-legal views of youth about the value of their own health
Shatskaya E. A.
Western and Eastern philosophical thought in modern Russia
LANGUAGE AND LAW
Latypova E. R., Vorobjeva E. A., Steklyannikova R. A.
Development and application of intercultural communication in professional sphere
ECONOMY. LAW. SOCIETY
Grogulenko N. V., Grogulenko A. I., Fakhrislamova N. Yu., Davletbaeva A. R.
Increasing investment attractiveness by means of public relations
Mavsarova M. U., Ismailov N. O.
Capital and wealth
Olshanskaya M. V.
Place of development in the state policy of development of the construction industry
Nutsalova M. A., Sayapin A. V.
The labor factor in the strategic management of region
RadchenkoE. P., Vdovina A. N.
Management of the penitentiary system through public-private partnerships
Sadykova Kh. N., Bogdanova Yu. R.
Economic aspects of life activities of elderly people
Solovjeva I. A.
Commercialization of culture: characteristic features and reasons for development
Fadina Ya. S., Alyoshkin V. V., Matveevskaya A. S., Ermolina M. A.
Integration of the digital economy in the EAEU
Firsova O. N., Yelkina D. A.
Innovative activity and spatial development of the regions of the Russian Federation
Fokina O. G., Karyagina T. V.
The role of non-financial non-produced assets in the economic development of Russia
Kharcheva I. V., Firsova O. N.
Dynamics of employment indicators in small businesses in the subjects of the central federal district of the Russian Federation
Shaybakova E. R., Salakhov A. R.
Building an effective organizational structure as a condition for ensuring the economic security of the enterprise
PHILOSOPHY. LAW. SOCIETY
Bairon A. A.
B. N. Chicherin and I. Kant on the problem of evidence of the existence of God
Dunaevskiy S. V.
Philosophy of human resource management: a humanistic approach
Kuzmenko A. A.
Philosophical understanding of the concept of life environment in the context of ergodesigner design
Makarchuk I. Yu., Gruzdev А. А.
A.D. Sakharov’s socio-political views
Odintsova E. A., Petrova E. I.
From consumer ideology to revival ideology
Pozdyaeva S. M.
Myth in an unstable society
Ravochkin N. N., Shepeleva S. A., Oleksenko E. M.
Sociocultural dynamics in the realities of digitalization: philosophical analysis (part 2)
Sobko R. V., Spirin V. K., Tretyakov I. S.
Is female priesthood believable in Russian traditional culture: reflections on the philosophical intuition of religious cult Frolova S. R.
Kharchenko D. O.
А special military operation in Ukraine as a way to combat the negative manifestation of superman
Farkhitdinova O. M.
Religious studies expertise: the processes of institutionalization, the formation of methodology and research directions in modern Russia
Shaykhutdinova I. I., Lukmanova R. A.
Development of student volunteer activity
Dikhtemirov M. S.
The Russian experience of socio-philosophical reflection on the phenomenon of migration (based on the materials of the RSL dissertation Fund)
Epifantseva A. E., Morozova A. A., Safonova A. Yu.
Philosophical paradigms and sociological analysis of conflicts in modern society
Ikhsanov A. U.
Ethnocultural identity in the context of globalization
A. V. Kirilchenko:
Uniform application of law as a guarantor of Eurasian integration
Interview with Kirilchenko Alexander Viktorovich, advisor, lawyer, head of the practice of customs law and international trade of the law firm BGP Litigation.
INTERNATIONAL LAW
Mishalchenko M. Yu.
International legal aspects of energy cooperation of the EAEU member states
Ngatheyo A. C. P., Pasenov A. N.
The advisory role of the African Court on Human and Peoples’ Rights within the African Union
Paramuzova O. G.
Theoretical and legal discourse on the nature of international atomic law in the light of modern realities
Shkiperov A. A., Artemov G. A.
Current problems of protecting the national interests of the Russian Federation within the framework of the Eurasian Economic Union. On the example of extraction (catch) of the aquatic biological resources
Alieva M. N., Bekishev M. Sh.
Drug distribution and trafficking as a social and legal problem
Batalov A. A.
Issue of subject-matter of international air law: from air law to the law of the atmosphere?
Gribkov T. D., Matveevskaya A. S.
Institutions of humanitarian cooperation of Turkey in Central Asia
Zakharova A. D.
International legal approaches to the definition of international information security and threats in this area
Lukyantseva I. G.
Features of the acceptance and use of electronic evidence in international criminal courts
Magomedova S. G.
Historical aspects of the emergence human rights approach to the problem of the environment and the emergence of the concept of environmental rights
Strelchenya I.D.
Achievements in sustainable development policy on the example of some members of the EAEU (Russian Federation, Republic of Belarus)
Scobileva I. V., Makhonin D. D.
Subjects of federation as parties to international legal relations
Chutkova Yu. D.
Actual questions of realization of the nuclear nonproliferation regime
INTERNATIONAL HUMANITARIAN LAW
Teneta A. B.
The contribution of the International Red Cross and Red Crescent Movement to the development of international humanitarian law for the protection of prisoners of war and detainees
Lebedinskaya I. M.
New challenges to international humanitarian law regarding the use of unmanned aerial vehicles in armed conflicts
INTERNATIONAL PRIVATE LAW
Klimov A. P.
The principle of transparency in norms of international trade law
EUROPEAN LAW
Chernobaev S. V.
The role and current challenges of the application of individual anti-competitive bans in the EU
Chumychkin A. A.
Reform of the control mechanism in the areas of extraction and conservation of marine biological resources in the European Union: legal aspect
LAW OF THE FOREIGN COUNTRIES
Bogatyreva O. V., Dzyuban V. V., Zakopyrin V. N.
The main aspects of the functioning of Chinese private military companies
COMPARATIVE LAW
Savchenko D. A.
Comparative analysis of approaches to identifying burial grounds in the legislation of EAEU member states
THEORY OF STATE AND LAW
Gabdullina A. R.
Property as a phenomenon in the value system of Russian legal thought
Guseva G. V., Samoylova Zh. V.
Offense: theoretical and historical aspect
Dubrovin M. A.
Russia and China in the context of a multipolar world: an integration approach
Ermolaev O. I.
On the issue of the activities and role of individual state structures created to prevent interference in the internal affairs (internal policy) of the state
Musaeva A. G., Agasieva M. N.
The political regime: as an element of the form of the state
Paronyan K. M.
Theoretical and legal foundations of the institution of censorship in the digital and analog space
Samoylova Zh. V.
Legal awareness and active suffrage
Ulaeva N. L.
The importance of the axiomatic method for legal science
Chuksina V. V.
Theoretical and legal understanding of the concept of «institution for the promotion and protection of human rights»
Chabanenko L. V.
The genesis of the introduction of digital technologies into jurisdictional processes in the Russian Federation
Furman F. P.
Terrorism as a political and legal phenomenon. Traits, typology
Padin A. E.
Progressive and protective development of the principle of adversary in Russian law based on the national legal tradition
Kulieva A. M.
Challenges and risks in the process of law digitalization
Mizieva S. I.
The content of legal coordination: the problem of establishing
HISTORY OF STATE AND LAW
Gabdrakhmanov F. V.
Planning in the early years of the Soviet Prosecutor’s Office (1922-1925)
Mirkhaydarova M. Yu.
The history of the formation of the presentation for identification as an investigative action
Serkerov S. E., Payzulaev A. Z.
The genesis of the Institute of labor protection in Russian legislation in the 90s of the twentieth century. Theoretical and legal studies
Furman T. G.
The formation of modern political and legal culture in Russia
Furman F. P.
Political, legal and ideological differences between early Marxists and populists
Manaeva E. K.
The historical policy of Russia in the era of enlightened absolutism (the second half of the XVIII – early XIX century)
Tupikina E. A.
Development of legislation on conciliation procedures, taking into account the experience of foreign countries
CONSTITUTIONAL LAW
Akhmedov S. M., Saybulaeva S. A.
Legal properties of the Constitution of the Russian Federation
Ibaev R. K., Khanmurzaev R. B.
The place of the constitutional court of the Russian Federation in the judicial power of the Russian Federation
Zhivodrova S. A., Zhivodrova N. A.
Features of combating corruption in public service in foreign countries, using the example of the United Arab Emirates
Kazimagomedov K. Sh., Ramazanova E. T.
Territorial public self-government as a form of direct democracy
Klimova O. V., Ilyinykh A. V.
Constitutional reform 2020: analysis of individual amendments to the constitution of the Russian Federation
PidurovT. L., Ramazanova E. T.
Privacy as a reproductive right
Alekhin T. O.
Cultural human rights in the constitutions of Russia and India: a comparative review
ADMINISTRATIVE LAW
Baranova S. A.
On the issue of administrative and legal guarantees for individuals involved in maintaining public order
Kadykov A. V.
On the issue of the administrative and legal regime for regulating the production of pesticides and agrochemicals intended for export
Markina A. Yu., Livshits S. A., Litvickiy K. P.
Legal regulation of ensuring technological sovereignty of the Russia pharmaceutical industry
Seidov G. Z.
The concept of information security of minors
Gera Yu. M.
The concept and essence of discretion in the proceedings on administrative offenses
Kan K. A.
To the issue of determining the essence of federal territory
Kurashova M. M., Chachkhiani M. N.
Problems of implementing the concept of «good governance» in the Russian Federation: reality and prospects
CIVIL LAW
Gaybatova K. D., Mustafaev D. Sh.
Inheritance agreement in the Russian legal system
Deltsova N. V.
Some aspects of the legal regulation of the pledge of exclusive rights
Zubkova M. N., Buraykin A. V.
Termination of the exclusive right to a trademark
Idrisova M. E., Huseynova L. V.
Company name as a means of individualization of a legal entity
Kirillova E. A., Lukin D. S.
Legal status and main features of smart contracts
Kress V. V.
The evolution of the understanding of intangible benefits in the science of civil law
Kurmanbaev M. M.
The concept of housing and communal services: economic and legal approaches
Linnikov A. S.
Regulatory prerequisites for civil law control in the construction contract
Mazanaev M. S., Taygibova Z. Z.
Peculiarities of taxation of individual entrepreneurs and the self-employed
Maslennikova L. V., Nebieridze D. N.
New legislation in out-of-court bankruptcy
Medentseva E. V., Tyunin I. I.
Issues of legalization of unauthorized buildings
Medzhidova E. V.
Some problems of legal regulation of negotiations on conclusion of an agreement in business activity
Nazarova N. A., Kalyuzhny E. A.
Legal basis of medical care for elderly citizens in the Russian Federation
Nukhkadiev M. R., Gaybatova K. D.
Alienation of real estate in connection with the seizure of a land plot for state or municipal needs
Petrov N. V., Mashkova A. D.
Problems of determining the place of the digital ruble in the system of objects of civil rights
Smolina O. S.
Transactions via digital platform with natural resources in the light of improvements of civil and natural resources legislation of the Russian Federation
Startseva S. V.
Individual issues recognition of a citizen as legally incompetent
Khazeeva L. I.
Features of the legal regulation of the work of the head of the organization
Yastremskiy I. A.
Civil law features of performing plastic surgery for minors
Karyukin M. I.
A significant change in circumstances as the basis for changing or terminating the contract
Svetlichny A. V.
Evolution of development of legislation on the transportation of passengers and baggage in direct mixed communications involving railway transport
Startseva S. V.
Liability for breach of obligations in business activities
Savchenko D. A.
Comparative analysis of approaches to identifying burial grounds in the legislation of EAEU member states
Yastremskiy I. A.
The legal significance of forensic medical examination of disputes between a patient and a plastic surgery clinic in courts of general jurisdiction
Alibekov D. I.
State registration of land in the Russian Federation
Babaev E. A.
Cross-border franchising agreement in the context of new economic trends of the 21st century
Bashkirov I. A.
Additional sources of personal data regulation: comparison of USA’s and Russian experience
Derevyanko O. V.
Divorce in court: key features of divorce proceedings
Kolomiets V. A.
Historical development of the institution of judicial representation
Solod K. A.
Current issues and directions for improving the legislation of the Russian Federation regarding the activities of aggregators of goods and services and the legal status of their owners
Chukhadgan G. A.
International legal aspects of inheritance of extortionate property
CIVIL PROCESS
Avdeeva U. A., Elmurzaev A. V.
Costs associated with the consideration of the case in civil proceedings
Morozova T. B.
Subsidiary liability of persons controlling the debtor, problems of legal certainty
Puzikov R. V., Sviridov A. E.
Emoji as evidence in civil and arbitration proceedings
Provatkina V. E., Bavin D. E., Korkin M. S.
Problems of mediation procedure in civil proceedings
Savenkov A. A., Morozova S. Yu.
The impact of Lord Woolf’s reforms on case preparation for trial
Sarkisyan V. G.
On the issue of the formation of the institution of third parties and in the civil process
INFORMATION LAW
Perminova M. O.
Problems and prospects of legal regulation of neural networks
ARBITRATION PROCESS
Mitashova A.A., Vilgauk V.Yu.
The problem of distribution of the burden of proof between spouses in insolvency (bankruptcy) cases: issues of theory and practice
LAND LAW
Alibekov D. I.
The procedure for creating artificial land plots
FAMILY LAW
Dubrovina A. N., Fantrov P. P.
Peculiarities of concluding a marriage contract remotely by means of information and communication technologies
Lyapin N. M.
The grounds for reducing the age of marriage in Russia: features of legal regulation
Eldarova D. A.
Legal consequences of sex change for married persons
LABOUR LAW
Linets A. A.
Legal aspects of the application of artificial intelligence technologies in the field of labor (part 2: issues of perception of justice)
Vasilenko Yu. E.
The formal nature of labor relations in the context of judicial practice
FINANCIAL LAW
Brykin K. I.
Regional currency as an object of financial legal relations
Vinnik A. V.
On assessing the use of tax preferences by scientific organizations in the context of protecting their rights as taxpayers (based on an analysis of judicial and arbitration practice)
Kalin V. I.
Ways to ensure proper fulfillment of obligations arising from a bank loan agreement
Zaripov R. R., Ermakov S. V.
Features of the application of tax legislation in relation to bodies and institutions of the Federal Penitentiary Service of Russia and the Ministry of Internal Affairs of Russia in the payment of regional taxes
ECOLOGICAL LAW
Perelekhova T. S., Ermolina M. A.
Features of cadastral registration and registration of rights to a land plot, taking into account information about the presence of minerals on its borders
Safaryan Ya. G.
The city as an object of legal providing of environmental safety
CRIMINAL LAW
Amirkhanyan V. G., Fedortsov A. V., Marchenko I. N.
Optimization of countering extremist activity: the role of an integrated approach
Balabkin D. A., Abrosimov I. S., Gogoleva V. V.
The place of legal culture in the system of anti-corruption measures in the Russian Federation
Vrazhnov A. S., Volkova O. V., Sabiev S. S.
On the issue of military lawyers providing legal assistance in criminal and other cases in the territory of the Special Military Operation in Ukraine
Kutsev V. V.
Causes and conditions for committing crimes in the field of drug trafficking
Makhmudova M. A., Marianov A. A.
Problematic issues of an unfinished crime
Milova I. E., Grigoryan A. Kh.
Actual aspects of criminal liability for embezzlement of funds from bank cards committed using information and communication technologies
Mikhaylova I. A., Ibodov R. N.
Topical Issues of Countering Transnational Crime in the Russian Federation
Murtazin A. I., Bulatov D. V., Platonov L. A.
Features of investigation and disclosure of crimes related to illicit drug trafficking
Muginova Z. R.
Conditions for the legality of causing harm when detaining a person who committed a crime
Nesterenko A. V.
On the issue of the ideology of terrorism and ways to counter it
Osadchaya N. G.
Exemption from criminal liability and punishment of contracts and contractors during mobilization or wartime: issues of legal regulation
Radchenko O. V., Smolyaninova D. V.
Suffering as a result of extreme cruelty during the commission of crimes: historical and legal analysis
Stupina S. A.
Some questions of qualification of ongoing crimes against sexual integrity
Cherepnenko E. A.
General characteristics of latent crime and the main methods of its assessment
Vasiljeva D. V.
Problems of determining objective signs of illegal actions in bankruptcy
Konnov R. A.
The essence and principles of criminal law policy in the field of protection of the foundations of the constitutional system of the Russian Federation
Korchagin A. G., Mozhenko N. S.
Restriction of competition: elements and signs
Kostenko A. I.
Coercive measures related to the restriction of liberty under foreign legislation and legal means to ensure their enforcement: comparative legal analysis and prospects for reception by the Russian legislator
Lukyanov S. A.
Misappropriation or embezzlement using a person’s official position: qualification mistakes
Kirillov I. A., Stupina S. A.
Certain issues of qualification of assistance to terrorist activities
Chigrina O. R.
On the issue of determining the true indicators of improper provision of medical care to a patient as a condition for the criminalization of the crime of the same name
CRIMINAL PROCESS
Akhtyamova K. M., Podkovka S. V.
Institute for ensuring the security of participants in criminal proceedings: questions of theory and practice
Litvinov R. V., Butova K. P.
Current problems of forensic examination
Maslennikova E. A.
On the issue of legislative improvement of the principles of criminal justice
Melikova I. M., Sefikurbanov K. S.
Judicial investigation in criminal cases as a reflection of the main problems of domestic justice
Murtazaliev M. K., Datsieva Kh. G.
The court as a participant in criminal proceedings in the Russian Federation
Murtuzova Kh. M., Begova D. Ya.
Features of pre-trial proceedings in criminal cases against minors
Roshka M. Ya.
The role of determinants in the criminological prevention of juvenile delinquency
Safronov D. M.
Urgent cases during investigative actions in the home in everyday activities and special conditions
Sokolov Yu. N.
On the possibility of evidence arising outside the criminal process
Sukhinin A. V., Tsebekova G. V., Ustarov M. R., Mucheryaeva G. A., Nalykov G. S.
The concept of an anonymous witness in Russian criminal law
Alkhimenko Yu. V.
On the question of the correlation of the concepts of electronic and digital evidence in the criminal process of the Russian Federation
Bibikova O. V.
The concept and meaning of enforcement of a sentence in terms of confiscation of property at the stage of preliminary investigation
Murtazaliev M. K., Datsieva H. G.
The court as a participant in criminal proceedings in the Russian Federation
Murtuzova Kh. M., Begova D. Ya.
Features of pre-trial proceedings in criminal cases against minors
CRIMINALISTICS
Dolgushina L. V.
Explosives: classification approaches
Kornakova S. V., Kochetkova I. V., Osipova M. A.
On the issue of the content of the requirement for the independence of judges
Nazarkin E. V., Novikova L. V.
Features of the tactics of conducting an inspection of the scene during the investigation of illicit trafficking in narcotic drugs and psychotropic substances in institutions providing isolation from society
Prourzina O. Yu.
The possibilities of using digital surveillance and control systems in the detection and investigation of crimes in railway transport
Stanovaya O. V. Chetverous A. N.
Forensic examination of license plates on the body and engines of cars
Tykheev M. S.
Features of initiating criminal cases of fraud committed using cellular (mobile) communications (telephone fraud)
CRIMINOLOGY
Babanina D. V.
Problems of the development of the criminological theory of the causes and conditions of crime
Kabakova E. S.
Problems of cybercrime investigation on the example of Krasnoyarsk Krai
Milova I. E., Mikhaylin D. A.
On the issue of criminological characteristics of mediation in bribery
Muksinova A. F.
Drug crime in Russia: status and trends
Sagaydak A. Yu., Turunova M. N., Yuzikhanova E. G.
The system of combating juvenile delinquency caused by the influence of the Internet
Fantrov P. P., Dubrovina A. N.
Trends in the modernization of legislation in the context of the prevention of violent crimes committed in the domestic sphere
Abazekhova Z. I.
Criminological characteristics of the illegal organization and conduct of gambling
LAW ENFORCEMENT AGENCIES
Jamborov A. A.
Some features of the use of training exercises when conducting fire training classes with employees of the internal affairs bodies of the Russian Federation
Legostaev S. V.
On expanding the coordination function of the prosecutor’s office
Magarramov M. D., Magomedov M. A.
The role of the prosecutor’s office of the Russian Federation in ensuring the security of the state and society: legal analysis of sources
Motorina I. S.
General trends in the development of conciliation institutions of the Russian Federation
Silantjev A. V., Grishchenko A. S., Yudin S. V.
Ensuring security and legal order: the experience and measures of the Ministry of Internal Affairs of Russia
Tonyshev A. V., Udodov A. G.
Education of the culture of interethnic communication in the bodies of internal affairs
Khalilullin F. F., Zhabkin A. S., Karpov A. A., Merkazova V. A.
On the main directions of training police officers to act in special conditions
Kholopova T. V.
The role of internal affairs bodies in the system of legal relations arising in the field of preventive impact
Tsarkova E. G.
The use of machine learning in law enforcement agencies in crime forecasting: foreign experience
PROSECUTOR’S SUPERVISION
Ivanova I. A. Yakovlev N. M.
Prosecutoral supervision over the execution of legislation on air protection
SECURITY AND LAW
Alexeev A. M., Cherneykin P. P., Berezovikov Е. V.
On the issue of application of security measures «personal protection, security of home and property»
Romanov A. A.
On improving the legal regulation of the use of weapons by employees of security units ensuring the safety of persons subject to state protection
Fedosov A. V., Valitova K. A., Valeev R. I., Nazmutdinov A. A.
Analysis of problems in the work of a labor protection specialist
Lyuev T. Kh.
Problems of international cooperation of States in countering terrorism
PEDAGOGY AND LAW
Bukhtoyarov I. I., Linevich Ya. V., Martynyuk S. N., Litvinenko A. A.
Teaching methods used in educational organizations of the Ministry of Internal Affairs
Zhabkin A. S., Starostin V. G., Melnik K. A., Roditeleva Ya. N.
The role of an integrated approach in shaping the readiness of future police officers for professional activity
Kiktev A. V. Chetverous A. N.
Digital transformation of education. Digital didactics, digital literacy and the formation of digital competencies
Kravchenko O. G., Kovalev T. V., Gusak V. V., Buzhskiy A. A.
The use of innovative technologies in conducting fire training classes at universities of the Ministry of Internal Affairs of Russia
Kuznetsov A. V., Idrisov I. K., Boloban M. L., Leshchev A. I.
Pedagogical foundations of the use of innovative technologies in the educational process of the University of the Ministry of Internal Affairs
Madzhuga A. G., Azhiev A. V.
The methodology of the value-competence approach in the context of military-patriotic education of students
Tsarkova E. G., Zorina N. S.
Moral and patriotic education of juvenile convicts serving sentences in educational colonies
Popova N. V., Zhelonkin V. V., Tatarnikov S. A.
Problems of studying legal disciplines in pedagogical university
Serkerov S. E., Marianov A. A., Kuhmazov N. K.
Some problems of combating corruption in the educational environment
Subbotin V. Ya.
The legal foundations of a healthy lifestyle for students
Frolova E. V.
The civic identity of students in the conditions of turbulent socio-political processes: the concept and ways of its formation in higher education
Egorova O. I., Fomina D. S., Gladilova E. A.
Teaching the basics of secular ethics in the modern educational process
SPORTS LAW
Makhonin D. D., Scobileva I. V.
Peculiarities of the legal status of underage professional athletes
SOCIOLOGY AND LAW
Anisimova V. A., Frolova S. V., Aguzarov A. V.
Problems of career guidance work with schoolchildren and youth and extracurricular activities as an effective factor in its formation (on the example of the Ryazan institute (branch) of the Moscow polytechnic university
Savitskaya Yu. P.
Socio-legal views of youth about the value of their own health
Shatskaya E. A.
Western and Eastern philosophical thought in modern Russia
LANGUAGE AND LAW
Latypova E. R., Vorobjeva E. A., Steklyannikova R. A.
Development and application of intercultural communication in professional sphere
ECONOMY. LAW. SOCIETY
Grogulenko N. V., Grogulenko A. I., Fakhrislamova N. Yu., Davletbaeva A. R.
Increasing investment attractiveness by means of public relations
Mavsarova M. U., Ismailov N. O.
Capital and wealth
Olshanskaya M. V.
Place of development in the state policy of development of the construction industry
Nutsalova M. A., Sayapin A. V.
The labor factor in the strategic management of region
RadchenkoE. P., Vdovina A. N.
Management of the penitentiary system through public-private partnerships
Sadykova Kh. N., Bogdanova Yu. R.
Economic aspects of life activities of elderly people
Solovjeva I. A.
Commercialization of culture: characteristic features and reasons for development
Fadina Ya. S., Alyoshkin V. V., Matveevskaya A. S., Ermolina M. A.
Integration of the digital economy in the EAEU
Firsova O. N., Yelkina D. A.
Innovative activity and spatial development of the regions of the Russian Federation
Fokina O. G., Karyagina T. V.
The role of non-financial non-produced assets in the economic development of Russia
Kharcheva I. V., Firsova O. N.
Dynamics of employment indicators in small businesses in the subjects of the central federal district of the Russian Federation
Shaybakova E. R., Salakhov A. R.
Building an effective organizational structure as a condition for ensuring the economic security of the enterprise
PHILOSOPHY. LAW. SOCIETY
Bairon A. A.
B. N. Chicherin and I. Kant on the problem of evidence of the existence of God
Dunaevskiy S. V.
Philosophy of human resource management: a humanistic approach
Kuzmenko A. A.
Philosophical understanding of the concept of life environment in the context of ergodesigner design
Makarchuk I. Yu., Gruzdev А. А.
A.D. Sakharov’s socio-political views
Odintsova E. A., Petrova E. I.
From consumer ideology to revival ideology
Pozdyaeva S. M.
Myth in an unstable society
Ravochkin N. N., Shepeleva S. A., Oleksenko E. M.
Sociocultural dynamics in the realities of digitalization: philosophical analysis (part 2)
Sobko R. V., Spirin V. K., Tretyakov I. S.
Is female priesthood believable in Russian traditional culture: reflections on the philosophical intuition of religious cult Frolova S. R.
Kharchenko D. O.
А special military operation in Ukraine as a way to combat the negative manifestation of superman
Farkhitdinova O. M.
Religious studies expertise: the processes of institutionalization, the formation of methodology and research directions in modern Russia
Shaykhutdinova I. I., Lukmanova R. A.
Development of student volunteer activity
Dikhtemirov M. S.
The Russian experience of socio-philosophical reflection on the phenomenon of migration (based on the materials of the RSL dissertation Fund)
Epifantseva A. E., Morozova A. A., Safonova A. Yu.
Philosophical paradigms and sociological analysis of conflicts in modern society
Ikhsanov A. U.
Ethnocultural identity in the context of globalization
PERSONA GRATA
A. V. Kirilchenko:
Uniform application of law as a guarantor of Eurasian integration
Interview with Kirilchenko Alexander Viktorovich, advisor, lawyer, head of the practice of customs law and international trade of the law firm BGP Litigation.
INTERNATIONAL LAW
MISHALCHENKO Marya Yurjevna
senior lecturer of Civil and commercial law sub-faculty of the St. Petersburg State Maritime Technical University
INTERNATIONAL LEGAL ASPECTS OF ENERGY COOPERATION OF THE EAEU MEMBER STATES
The article examines international legal issues related to interstate interaction within the EAEU in the energy sector, analyzes the main directions of legal cooperation of the EAEU member states on the supply of energy resources and examines the main legal conflicts that impede the strengthening of integration interaction in the energy sector in Eurasia.
Keywords: Eurasian Economic Union, international law, energy cooperation in the EAEU, legal acts of the EAEU, integration, globalization.
Bibliographic list of articles
1. Anufrieva L.P. On some theoretical approaches to the law of Eurasian integration and its institutionalization // LexRussica. – 2017. – No. 9. – P. 116-126.
2. Glikman O. V. International energy law in the system of international law // International Legal Courier. – 2020. – No. 1-2. – pp. 72-77.
3. Glikman O. V. The role of international law in ensuring Russia’s interests within the framework of energy cooperation with Eurasian states // Greater Eurasia: development, security, cooperation. – 2021. – No. 4-1. – pp. 176-180.
4. Gribanich V. M., Sukhanov A. A. Development of energy cooperation between the states of the Eurasian Economic Union // Innovations and investments. – 2019. – No. 7. – P. 65-67.
5. Magomedaliev A. S., Sopilko N. Yu. Progress in the formation of common energy markets of the Eurasian Economic Union: results, tasks and prospects // Innovations and investments. – 2018. – No. 3. – P. 93-96.
6. Migranyan A. A., Shavina E. V. Formation of common markets for electricity and gas in the EAEU: market models, barriers and solutions // Contours of global transformations: politics, economics, law. – 2019. – T. 12. No. 6. – P. 220-245.
7. Romanova V.V. Formation of common energy markets of the member states of the Eurasian Economic Union // Legal Energy Forum. – 2015. – No. 1. – P. 16-22.
8. Shorokhova E. O. Prerequisites for energy integration of the states of the Eurasian Union // Oil, gas and business. – 2015. – No. 4. – P. 27-30.
INTERNATIONAL LAW
NGATHEYO Akony Chany Pavel
senior lecturer of Constitutional and international law sub-faculty of the Institute of Law of the Belgorod National Research State University
PASENOV Alexandros Nikolaevich
associate professor of Constitutional and international law sub-faculty of the Institute of Law of the Belgorod National Research State University
THE ADVISORY ROLE OF THE AFRICAN COURT ON HUMAN AND PEOPLES’ RIGHTS WITHIN THE AFRICAN UNION
The article discusses the role of the African Court on Human and Peoples’ Rights (AfCHPR) as legal adviser to the African Union (AU). This role epitomizes the Court’s integration within the AU structure. To examine this role, the authors reveal the essence of the advisory jurisdiction of the African Court and, based on the analysis of the Court’s advisory jurisprudence, the authors examine how the African Court has interpreted the rules on its personal jurisdiction.
Keywords: advisory opinion, advisory jurisdiction, request, African Union, African Court of Human and Peoples’ Rights, African Charter, Protocol, African Committee on the Rights of the Child, Pan-African Parliament .
Bibliographic list of articles
1. Request for Advisory Opinion No. 001/2021 on the application of the principle of regional rotation in the context of the elections of the Bureau of the Pan-African Parliament (PAP), submitted by the Pan-African Parliament. – [Electronic resource]. – Access mode: https://www.african-court.org/cpmt/fr/details-advisory/0012021 (access date: 04/15/2024).
2. Request for Advisory Opinion No. 002/2013 on the status of the African Committee of Experts on the Rights and Welfare of the Child before the African Court of Human and Peoples’ Rights, filed by the African Committee of Experts on the Rights and Welfare of the Child. – [Electronic resource]. – Access mode: https://www.african-court.org/cpmt/fr/details-advisory/0022013 (access date: 04/15/2024).
3. Protocol establishing the African Courton Human and Peoples’ Rights of June 10, 1998 (date of access: 04/15/2024).
4. Constituent act of the AC, article 17. – [Electronic resource]. – Access mode: https://au.int/sites/default/files/pages/34873-file-constitutiveact_en.pdf (access date: 04/15/2024).
5. Patient Mpunga Biayi. La fonction consultative de la Cour africaine des droits de l’Homme et des peuples: Heurs et malheurs des avis du juge régional des droits de l’Homme. – L’Observateur des Nations Unies. – 2023. – 55 (2). – Рp. 79.
6. Murray R. The Human Rights Jurisdiction of the African Court of Justice and Human and Peoples’ Rights, in C.C. Jalloh et K.M. Clarke (eds.), The African Court of Justice and Human and People’s Rights in Context: Development and Challenges. – United Kingdom, Cambridge University Press, May 2019. – Pp. 968-969.
INTERNATIONAL LAW
PARAMUZOVA Olga Gennadjevna
Ph.D. in Law, associate professor of International and humanitarian law sub-faculty of the Northwestern Institute of Management of the Russian Presidential Academy of National Economy and Public Administration, St. Petersburg
THEORETICAL AND LEGAL DISCOURSE ON THE NATURE OF INTERNATIONAL ATOMIC LAW IN THE LIGHT OF MODERN REALITIES
The current state of international relations is characterized by an extreme degree of instability and inconsistency. Positioning the role of international law in the light of real threats and challenges to the existence of the human community urgently requires scientific research on both fundamental international legal values in order to qualitatively update and adapt them to modern realities, as well as the implementation of a deep full-scale theoretical and legal analysis of relatively new and not yet fully determined areas of legal regulation of universal international law. Taking into account the above circumstances, this study was conducted on such far from simple controversial issues of international legal science as the nature of international atomic law in the light of modern realities.
Keywords: international atomic law, nuclear illegality, nuclear non-proliferation in a broad sense, modern international legal order.
Bibliographic list of articles
1. Alimov R. The role of the Shanghai Cooperation Organization in countering threats to peace and security. – [Electronic resource]. – Access mode: https://www.un.org/ (date of access: 06/09/2023).
2. Boynov E.I. Issues of legal support for countering nuclear terrorism in Russia // Bulletin of the Russian University of Cooperation. – No. 6. – 2015. – P. 183-187.
3. Valeev R. M. International environmental law. – M., 2012.
4. Gavrilov V.V. International and national legal systems: concept and main directions of interaction. Abstract of the dissertation for the degree of Doctor of Law. – Kazan, 2006.
5. Grotius Hugo. On the law of war and peace: reprint from the 1956 edition. – M., 1999.
6. Kirilenko V.P., Pidzhakov A.Yu. Nuclear terrorism in modern world politics. – M., 2004.
7. Klimovskaya V. A. Shanghai Cooperation Organization as a central element of the Asian security system // Bulletin of the student scientific society of the Donetsk National University. – 2019. – No. 11. – Vol. 2. – pp. 271-281.
8. Kukushkina A.V. International legal aspects of environmental safety at the present stage // Bulletin of Tomsk State University. – 2020. – No. 450. – P. 218-225.
9. Lukin A.V. Problems and prospects for the development of the Shanghai Cooperation Organization: expert opinions. – 2011. – [Electronic resource]. – Access mode: https://www.mgimo.ru>2021/04 (date of access: 06/09/2023).
10. Features of international legal regulation of the peaceful use of nuclear energy // International Law. In 2 volumes. T. 2: textbook for academic undergraduate education / Ed. A. N. Vylegzhanina. – M., 2020. – P. 446-451.
11. Paramuzova O. G. Theoretical and legal analysis of the factors of influence of nuclear activity on the state of the environment in the context of nuclear non-proliferation // Norweging Journal of Development of the International Science. – 2020. – No. 42. – P. 49-54.
12. Paramuzova O. G. Nuclear demilitarization and neutralization, creation and maintenance of the status of nuclear-free zones (modern international legal realities) // Polish Journal of science. – 2021. – No. 42. – P. 45-54.
13. Paramuzova O. G. Problems of banning nuclear tests in modern conditions (international legal aspects) // Higher school: scientific research. Materials of the interuniversity international scientific congress. – Moscow, January 20. – 2022. – pp. 22-24.
14. Problems and trends in legal regulation in the field of peaceful use of nuclear energy / Monograph, ed. V.V. Romanova. – M., 2017.
15. PrForecasted challenges and threats to the national security of the Russian Federation and directions for their neutralization / Ed. ed. A. S. Korzhevsky. – M., 2021.
16. Prokhozhev A. A. General theory of national security: Textbook for universities. Ed. 2. – M., 2005.
17. Khilko A. S. Legal protection of the environment from contamination by radioactive substances // Collection of articles of the LX International Scientific and Practical Conference. – Penza, 2021.
18. Nuclear tests of the USSR. Semipalatinsk test site: ensuring the general and radiation safety of nuclear tests / Team of authors under the leadership of V. A. Logachev. – M., 1997.
19. Yakubovskaya E. Ya., Nalibin V. I., Suslin V. P. Semipalatinsk nuclear test site: yesterday, today, tomorrow. – Novosibirsk, 2000.
20. Jaspers K. The meaning and purpose of history. – M., 1994.
INTERNATIONAL LAW
SHKIPEROV Anton Alexandrovich
assistant to the President of the Association of Ship-owners of the Fishing Fleet (ASRF), adviser to the General Director of the Association of Business Partners in the Field of Foreign Economic Activity (ADP FEA), member of the Customs Affairs Committee of LLC SME “OPORA ROSSIYA”
ARTEMOV Gennadiy Anatoljevich
Ph.D. in Law, associate professor of Constitutional and international law sub-faculty of the Russian Customs Academy
CURRENT PROBLEMS OF PROTECTING THE NATIONAL INTERESTS OF THE RUSSIAN FEDERATION WITHIN THE FRAMEWORK OF THE EURASIAN ECONOMIC UNION. ON THE EXAMPLE OF EXTRACTION (CATCH) OF THE AQUATIC BIOLOGICAL RESOURCES
The Eurasian Economic Union (EAEU) is one of the forms (stages) of economic integration of states that have and pursue their national interests, realizing them through, among other things, legal methods and means, taking into account the benefits and advantages associated with in-depth and expanded economic and other cooperation within the framework of Eurasian economic integration. Meanwhile, the legal principles of equality and equity of the EAEU member states in the development and adoption of decisions by them, their legal consolidation in some cases may be a factor hindering effective development, as well as the protection of some national industries and sectors of the economy. , contradictions arise between artificial (contractual) legal equality and natural economic differences, objective needs to adequately respond to external Thus and internal threats, ensuring national, including economic security, and the need to follow union agreements and obligations.
The Russian Federation has been and remains a key economic and political link and a driving factor of Eurasian integration at all stages of its development. The next (with the exception of the monetary union) final, unique and natural stage of integration development is the full integration of states, that is, the creation of a political union. Meanwhile, the EAEU member states are focused on the Russian Federation to a greater extent not strategically, but only economically, in continuation and development of the economic ties with Russia that developed during the existence of the USSR and economic dependence on the Russian economy.
These problems related to the legal protection and implementation of the national interests of the Russian Federation within the framework of the EAEU seem to be the most indicative on the example of marine industrial fishing as one of the most developed and strategically important sectors of the national economy .
Keywords: state sovereignty, customs law, marine industrial fisheries, Eurasian Economic Union, EAEU law, national interests.
INTERNATIONAL LAW
ALIEVA Madina Nizamovna
Ph.D. in Law, associate professor of Constitutional and international law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
BEKISHEV Magomed Shamilovich
magister student of the 2nd course of Constitutional and International law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
DRUG DISTRIBUTION AND TRAFFICKING AS A SOCIAL AND LEGAL PROBLEM
The article analyzes the problem of the spread of drug addiction as a social and legal phenomenon. The author conducts a historical analysis of drug use in different periods over the centuries. It is noted that already in the 20th century drug addiction is becoming a social problem, causing enormous harm to all humanity. The article examines international legal norms developed to control the spread of drugs, contained in such fundamental acts as: the New York (Single) Convention on Narcotic Drugs of 1961, the Convention on Psychotropic Substances of 1971, the United Nations Convention on Drug Control against illicit trafficking in narcotic drugs and psychotropic substances of 1988. Particular attention is paid to one of the effective mechanisms in the fight against drug abuse – the United Nations Office on Drugs and Crime.
Keywords: drug addiction, narcotic drugs, social and legal aspect, distribution, prevention.
Bibliographic list of articles
1. Toropygina A.V. Socio-political problems of combating illegal drug trafficking: abstract of thesis. …cand. watered Sci. – Moscow, 2014. – 21 p.
2. World Drug Report 2023. [Electronic resource]. – Access mode: https://www.eegyn.com/pdf/WDR_2023_pressrelease_rus.pdf (access date: 03/06/2024).
3. Fedulov A.V. International cooperation in the field of drug control: socio-political aspects: abstract of thesis. …cand. watered Sci. – Moscow, 2007. – 25 p.
4. Pasenov A. N., Medvedeva P. N. International legal regulation of the fight against drug trafficking // International Journal of Humanities and Natural Sciences. – 2023. – Vol. 12-3 (87).– pp. 244-247.
INTERNATIONAL LAW
BATALOV Alexander Alexandrovich
Ph.D. in Law, LL.M. in International Air and Space Law (Leiden University), Alternate Representative of the Russian Federation to the International Civil Aviation Organization (ICAO)
ISSUE OF SUBJECT-MATTER OF INTERNATIONAL AIR LAW: FROM AIR LAW TO THE LAW OF THE ATMOSPHERE?
This article examines problems and certain new trends of holistic approach to international legal regulation of use of airspace and protection of the atmosphere. It is questioned whether differentiation of the concepts of “atmosphere” and “airspace” is justified from point of view of international law and whether the legal regimes governing use of airspace and protection of the atmosphere and the underlying principles should be separated from each other. It is concluded that as soon as fragmentation of international legal regimes of use airspace and protection of the atmosphere is eliminated and after deeper reevaluation by States and international community as a whole of their approach towards use and protection of the atmosphere as a global natural resource absolutely necessary for maintaining life on Earth, certain harmonization of international legal regulation of different uses of airspace and legal regime of protection of the atmosphere will be achieved. One should not exclude that such harmonization will occur within the framework of international air law, which in this case will transform from “aviation law” into more complex “law of the atmosphere.”
Keywords: international air law, protection of the atmosphere, airspace, civil aviation, greenhouse gases.
Bibliographic list of articles
1. International law course. In 7 volumes, Moscow / Edited by V. S. Vereshchetin. – Volume 5. – Moscow: Publishing House “Nauka”, 1992. – P. 336.
2. Kruglova I. A. Legal status of air space at the present stage: abstract. dis. …cand. legal Sci. – Moscow, 2005. – P. 23.
3. Maleev Yu. N. International air law: Questions of theory and practice. – M.: International Relations, 1986. – P. 240.
4. International air law. Book 1 / Ed. A. N. Movchan. – Moscow: Publishing House “Nauka”, 1980. – P. 352.
5. Samorodova E. A. International legal problems of the development and adoption of a universal (universal) convention on air law: abstract. dis. …cand. legal Sci. – Moscow, 2009. – P. 34.
6. Bogojevic S. Legalizing Environmental Leadership: A Comment on the CJEU’s Ruling in C-366/10 on the Inclusion of Aviation in the EU Emissions Trading Scheme // Journal of Environmental Law. – 2012. – Volume 24. – Issue 2. – Pp. 345-356.
7. Havel B. F. and Mulligan J. Q. The Triumph of Politics: Reflections on the Judgment of the Court of Justice of the European Union Validating the Inclusion of Non-EU Airlines in the Emission Trading Scheme // Air & Space Law. – 2012. – No. 1. – Pp. 3-33.
8. Mayer B. A Review of the International Law Commission’s Guidelines on the Protection of the Atmosphere // Melbourne Journal of International Law. – 2019. – Volume 20. – Pp. 1-40.
9. Mendes de Leon P. Introduction to Air Law. – The Hague, Netherlands: Kluwer Law International. – 2017. – P. 576.
10. Sand P. H., Wiener J. B. Towards a New International Law of the Atmosphere? // Goettingen Journal of International Law. – 2016. – No. 2. – Pp.195-223.
INTERNATIONAL LAW
GRIBKOV Timur Dmitrievich
bachelor of the Faculty of International Relations of the St. Petersburg State University
MATVEEVSKAYA Anna Sergeevna
Ph.D. in geographicalsciences, associate professor of World politics sub-faculty of the Faculty of International Relations of the St. Petersburg State University
INSTITUTIONS OF HUMANITARIAN COOPERATION OF TURKEY IN CENTRAL ASIA
The study will attempt to assess the activities of Turkey’s humanitarian policy institutions in Central Asian countries. The focus of the study is on the activities of the Turkish Cooperation and Coordination Agency (TIKA), the International Organization of Turkic Culture (TÜRKSOY), and the Maarif Foundation. Determining the nature of their work allows for an assessment of the prospects for humanitarian cooperation between countries and its significance in the foreign policy of the Republic of Turkey. It is concluded that humanitarian cooperation is an important component of the Central Asian course in the foreign policy of the Turkish Republic.
Keywords: Turkey, TIKA, TÜRKSOY, Maarif, “Turkic world”, economy, the international cooperation.
Bibliographic list of articles
1. Davutoğlu A. Stratejik Derinlik, Türkiye’nin Uluslararası Konumu. [Electronic resource]. – Access mode: https://docplayer.biz.tr/204355312-Ahmet-davutoglu-stratejik-derinlik.html (access date: 03/26/2024).
2. 2023 Faaliyet raporu / Türk işbirliği ve koordinasyon ajansi. – Ankara, 2024.
3. Official website of the Maarif Foundation. [Electronic resource]. – Access mode: https://turkiyemaarif.org/ (date of access: 03.26.2024).
INTERNATIONAL LAW
ZAKHAROVA Adelina Dmitrievna
adjunct of Human rights and international law sub-faculty of the Faculty of Training of Scientific, Pedagogical and Scientific Personnel of the V. Ya. Kikot Moscow University of the MIA of Russia
INTERNATIONAL LEGAL APPROACHES TO THE DEFINITION OF INTERNATIONAL INFORMATION SECURITY AND THREATS IN THIS AREA
The improvement and development of information and communication technologies has significantly changed the social way of life in various social spheres. International information security currently occupies one of the key positions within the framework of international security. The dynamism and multifaceted nature of the problematic aspects of international information security determines the need to create an international regulatory legal mechanism, in particular the development of the conceptual apparatus of the term “international information security.” However, approaches to understanding international information security differ in the approaches of different states, which contributes to the complexity of the process of combating threats carried out through information and telecommunication technologies.
Keywords: international information security, cybersecurity, threats to information security, security in the field of information and communication technologies.
Bibliographic list of articles
1. Charter of the United Nations (Adopted in San Francisco on June 26, 1945) // Collection of current treaties, agreements and conventions concluded by the USSR with foreign states. Vol. XII. – M., 1956. – P. 14-47.
2. Convention on ensuring international information security (concept) // Security Council of the Russian Federation. [Electronic resource]. – Access mode: http://www.scrf.gov.ru/documents/6/112.html (date of access: 04/15/2024).
3. Convention on Computer Crime (Budapest, November 23, 2001) // Reference legal system “Garant”. [Electronic resource]. – Access mode: https://base.garant.ru/4089723/ (date of access: 04/15/2024).
4. Principles relating to international information security.” UN General Assembly Resolution A/55/140// [Electronic resource]. – Access mode: doc/UNDOC/GEN/N01/561/59/PDF/N0156159.pdf? (date of access: 04/20/2024.)
5. Resolution by the General Assembly “Creating a global culture of cybersecurity and protecting critical information infrastructures” dated January 30, 2004 // [Electronic resource]. – Access mode: https://documents-dds-ny.un.org/doc/UNDOC/GEN/N09/474/51/PDF/N0947451.pdf?OpenElement (date of access: 04/20/2024).
6. UN General Assembly Resolution A/RES/53/70 of December 4, 1998 // [Electronic resource]. – Access mode: https://www.un.org/ga/search/view_doc.asp?symbol=A/RES/53/70&referer=/english/&Lang=R (access date: 04/20/2024) .
7. Krutskikh A.V., Zinovyeva E.S., Bulva V.I. International information security: Russian approaches. – M., 2021. – 47 p.
8. Lavrov S.V. Global problems of cybersecurity and international initiatives of Russia to combat cybercrime // Foreign economic relations. 2020, September 28. [Electronic resource]. – Access mode: https://eer.ru/article/gosudarstvo/u79/2020/09/28/2944 (date of access: 04/18/2024).
9. Magdilova L. V., Kubdenov A. V. On the issue of the concept of international security in the information sphere // Education. The science. Scientific personnel. – 2021. – No. 4. – P. 165-167.
10. International information security: Theory and practice: In three volumes. Volume 2: Collection of documents (in Russian) / Ed. ed. A. V. Krutskikh. – M.: Publishing house “Aspect Press”, 2019. – 784 p.
INTERNATIONAL LAW
LUKYANTSEVA Irina Grigorjevna
competitor of the Moscow State Institute of International Relations (University) of the MFA of Russia
FEATURES OF THE ACCEPTANCE AND USE OF ELECTRONIC EVIDENCE IN INTERNATIONAL CRIMINAL COURTS
The article examines the features of the use of electronic evidence by international criminal judicial authorities. The concept of digital evidence, the procedure for their acceptance, and the specifics of establishing their authenticity are analyzed. The level of adaptation of the International Criminal Court to work with such evidence is assessed.
Keywords: electronic (digital) evidence, ICC, authentication, evidentiary value, manipulation of evidence
Bibliographic list of articles
1. Volevodz A. G. Modern system of international criminal justice: concept, legal foundations, structure and features. – Text: electronic // International criminal justice: Modern problems. – M.: Institute of Law and Public Policy, 2009. – [Electronic resource]. – Access mode: https://mgimo.ru/files/113708/113708.pdf?ysclid=lppo9id9en868692291
2. Shinkaretskaya G.G. Digital evidence in the process of the International Court. – Text: electronic // International law and international organizations. – 2023. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/tsifrovye-dokazatelstva-v-protsesse-mezhdunarodnogo-suda?ysclid=lu3sk93i5x321639370
3. Shcherba S.P. Collection of electronic evidence in criminal cases in Russia and foreign countries. Experience and problems. – M.: Prospekt, 2022. – ISBN 978-5-392-27713-8. – Text: direct.
4. Freeman L., Llorente R. V. Finding the Signal in the Noise: International Criminal Evidence and Procedure in the Digital Age. – Text: electronic // Journal of International Criminal Justice. – 2021. – No. 19 (1). – [Electronic resource]. – Access mode: https://academic.oup.com/jicj/article-abstract/19/1/163/6276592?redirectedFrom=fulltext
5. Quilling C. The future of digital evidence. Authentication at the International Criminal Court. – Text: electronic // Journal of public and international affairs. – 2022. – [Electronic resource]. – Access mode: https://jpia.princeton.edu/news/future-digital-evidence-authentication-international-criminal-court
INTERNATIONAL LAW
MAGOMEDOVA Salikhat Gadjievna
postgraduate student of International law sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
HISTORICAL ASPECTS OF THE EMERGENCE OF THE HUMAN RIGHTS APPROACH TO THE PROBLEM OF THE ENVIRONMENT AND THE EMERGENCE OF THE CONCEPT OF ENVIRONMENTAL RIGHTS
Since 2007, climate change has been officially considered a threat to the enjoyment of human rights by the UN Human Rights Council. The effects of climate change have been observed virtually everywhere in the world in recent decades and are expected to increase in both frequency and intensity, causing irreparable damage to the environment. People will be seriously affected, and many fundamental human rights will be compromised. In the current circumstances, it seems necessary to formulate a human rights-based approach to the problem of climate change.
Keywords: human rights, environment, environmental rights, climate change.
Bibliographic list of articles
1. Abashidze A. Kh. The Universal Declaration of Human Rights is a product of the conscience of mankind // Gaps in Russian legislation. – 2023. – T. 16. No. 8. – P. 213-216.
2. James R. May and Erin Daly. Global Environmental Constitutionalism (CUP 2015), – [Electronic resource]. – Access mode: https://www.researchgate.net/publication/332967267_Environmental_Rights (access date: 04/04/2024).
3. Abashidze A. Kh., Solntsev A. M. Anniversary of the African Charter of Human and Peoples’ Rights // Eurasian Legal Journal. – 2012. – No. 2 (45). – pp. 22-25.
4. Solntsev A., Otrashevskaya A. Development of the concept of environmental human rights in the practice of the Inter-American Court of Human Rights // International Justice. – 2022. – No. 1 (41). – pp. 57-78.
5. Dinah L Shelton, ‘What Happened in Rio to Human Rights?’ 3(3) 3 Y.B. INT’L ENVTL L. 75. – 75-93. (1992).
6. Lopez Ostra v. Spain, – [Electronic resource].– Access mode: https://hudoc.echr.coe.int/FRE#{%22itemid%22:[%22001-57905%22]} (access date: 04/04/2024).
7. Stephen Humphreys, Stephen, ed. Human rights and climate change. – Cambridge University Press, Cambridge, 2009. – P. 4.
8. Constitution of Tunisia (26 January 2014), article 45 @@ Constitution of the Dominican Republic (13 June 2015), article 194 @@ Constitution of Ecuador (28 September 2008), article 414.
9. Bodansky D. The Legal Character of the Paris Agreement (2016) 25 Review of European, Comparative and International Environmental Law 2. – [Electronic resource]. – Access mode: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2735252 (date of access: 04/04/2024).
10. Solntsev A. M. Climate change: international legal dimension // Moscow Journal of International Law. – 2018. – No. 106 (1). – pp. 60-78.
11. Solntsev A. M., Ostroukhov N. V. The human right to a clean, healthy and sustainable environment: a new right in the universal international catalog of human rights // Electronic network publication “International Legal Courier”. – 2023. – No. 7. – P. 91-94.
INTERNATIONAL LAW
STRELCHENYA Ilya Denisovich
postgraduate student of International law sub-faculty of the Patrice Lumumba Peoples’ Friendship University of Russia
ACHIEVEMENTS IN SUSTAINABLE DEVELOPMENT POLICY ON THE EXAMPLE OF SOME MEMBERS OF THE EAEU (RUSSIAN FEDERATION, REPUBLIC OF BELARUS)
This article examines the problems of transition to sustainable development at the present stage of global integration of the former USSR countries into the world community. For a long time, the Russian Federation and the Republic of Belarus have been creating a methodological basis for the transition to a sustainable development policy, with the adoption of the 2030 Agenda in 2015, the achievement of the SDGs has acquired additional importance and significance, the policies of both countries have undergone significant changes that need to be analyzed.
This article examines an extensive set of legal documents of these countries, and based on statistical data, conclusions are drawn about the problems and achievements on the way to achieving individual SDGs in Russia and Belarus.
Keywords: sustainable development, public policy, Agenda 2030, ecology, economy, social support, sustainable development Goals, SDG’s.
Bibliographic list of articles
1. Kandrichina I. N., Veremeychik O. V. Tools for ensuring gender equality in the academic sphere of the Republic of Belarus // Journal of the Belarusian State University. International relationships. 2020. No. 1. P. 25-33.
2. Pilgun E. V., Leshenyuk O. N. Public administration in the Republic of Belarus: principles for sustainable development // Journal of Law and Administration. 2021 No. 17 (3). P. 27-40. – [Electronic resource]. – Access mode: https://doi.org/10.24833/2073-8420-2021-3-60-27-40 (access date: 02/10/2024).
3. Averbukh V. M. The sixth technological structure and prospects for Russia (a brief overview) // Bulletin of the Stavropol State University. un-ta. 2010. No. 71. P. 159-166.
4. Vienna Convention for the Protection of the Ozone Layer: in force since September 22, 1988 // Current international law. T. 3. M.: Moscow Independent Institute of International Law, 1997. P. 692-700.
5. Vitko G.I., Noskova S.A. Seed production and food security in the Republic of Belarus // Bulletin of the Belarusian State Agricultural Academy. 2022. – [Electronic resource]. – Access mode: https://baa.by/upload/vestnik/vestnik-1-2022.pdf. (date of access: 03/01/2024).
6. Dragun N.P., Ivanovskaya I.V. Directions for changing the national strategy for sustainable socio-economic development of Belarus in the context of its harmonization with the UN Agenda 2030 // Bulletin of the State Technical University named after. P. O. Sukhoi. 2018. No. 2 (73).
7. Kartskhia A. A., Logon D. T. Concepts of sustainable development in corporate law: experience of Russia and African countries // Gaps in Russian legislation. 2023. T. 16. No. 5. P. 470-477.
8. Kuznetsov S.V. Factors and tools for assessing the level of sustainable development of an industrial enterprise: Author’s abstract. dis. …cand. econ. Sci. Ekaterinburg, 2020. P.31.
9. Novikov N. Yu., Stepchenko V. G., Glushak N. V. Human capital in the context of sustainable innovative development of Russia // Bulletin of BSU. 2019. No. 2 (40). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/chelovecheskiy-kapital-v-kontekste ustoychivogo-innovatsionnogo-razvitiya-rossii (date of access: 02/10/2024).
10. Pertseva E. Yu. Implementation of the concept of sustainable development of a company based on project-portfolio methodology: abstract of the dissertation of a candidate of economic sciences. Moscow, 2013.
11. Smirnova T. S., Kamyshnikov I. N. Problems of implementing sustainable development goals in Russia // Moscowovsky economic journal. 2019. No. 8. – [Electronic resource]. – access mode: https://cyberleninka.ru/article/n/problemy-realizatsii-tseley-ustoychivogo-razvitiya-v-rossii (date of access: 02.17.2024).
12. Treytyakova E. V. Digital development of the Republic of Belarus: problems and prospects // Bulletin of the GGTU named after. P. O. Sukhoi. 2022. No. 4 (91).
13. Tuluzova A.V. Progress in achieving SDG 3 “Good health and well-being” in Belarus // Culture and ecology – the foundations of sustainable development of Russia. There is no alternative to the green strategy. Part 1: materials of the International Forum (Ekaterinburg, April 13-15, 2021). Ekaterinburg: Federal State Autonomous Educational Institution of Higher Education UrFU, 2021. pp. 469-472.
14. Khramtsova F.I., Andreykovets E.M., Ryzhankova A.A. Regionalization as a factor in sustainable socio-economic development of the Republic of Belarus // International Journal of Humanities and Natural Sciences. 2020. No. 2-2. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/regionalizatsiya-kak-faktor-ustoychivogo-sotsialno-ekonomicheskogo-razvitiya-respubliki-belarus (date of access: 02.17.2024).
15. Chiliev B. M. Sustainable development of Russian regions: from strategy to tactics // Economic security. 2023. Volume 6. No. 2. P. 717-728. – doi: 10.18334/ecsec.6.2.117877.
16. Shakhotko L.P. Demographic problems of the Republic of Belarus and ways to solve them // Economic and social changes: facts, trends, forecast. 2011. No. 4. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/demograficheskie-problemy-respubliki-belarus-i-puti-ih-resheniya (date of access: 12.12.2023).
17. Shtepa (A. G. Shtepa) A., & Radtsevich (A. V. Ratsevich) A. Environmental entrepreneurship in the system of sustainable development of Belarus // Economics and banks. 2019. No. 2. P. 91-99.
INTERNATIONAL LAW
MAKHONIN Danila Dmitrievich
student of the 3rd course of the bachelor’s degree in the field of study 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University, Vladivostok
SCOBILEVA Irina Vyacheslavovna
student of the 3rd course of the bachelor’s degree in the field of study 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University, Vladivostok
SUBJECTS OF FEDERATION AS PARTIES TO INTERNATIONAL LEGAL RELATIONS
The article raises the issue of the possibility of considering the subjects of the federation as parties to international legal relations, examines their contractual legal capacity as an element of international legal personality. The essential features of federal and unitary states are given, the analysis of national, foreign and international legislation is presented, different ways of international interaction are considered on the example of Primorsky Krai, the limits of international legal personality of territorial units of a federal state are revealed, and the advantages and disadvantages of granting subjects of federation with international legal capacity are revealed.
Keywords: federal state, subjects of the Russian Federation, international legal personality, contractual legal capacity, international treaty, international agreement, international cooperation, foreign economic relations.
Bibliographic list of articles
1. “The Constitution of the Russian Federation” (adopted by popular vote on December 12, 1993, with amendments approved during the all-Russian vote on July 1, 2020).
2. Federative Agreement of March 31, 1992 “Agreement on the delimitation of jurisdiction and powers between the federal government bodies of the Russian Federation and the authorities of the sovereign republics within the Russian Federation.”
3. Federal Law “On International Treaties of the Russian Federation” dated July 15, 1995 No. 101-FZ.
4. Federal Constitutional Law of July 21, 1994 “1-FKZ (as amended on July 31, 2023) “On the Constitutional Court of the Russian Federation.”
5. Vienna Convention on the Law of Treaties of May 23, 1969.
6. European Framework Convention on Transfrontier Cooperation of Territorial Communities and Authorities of May 21, 1980 (ratified by Federal Law of the Russian Federation of July 22, 2002 No. 91-FZ).
7. Federal Law of July 22, 2002 No. 91-FZ “On the ratification of the European Framework Convention on Transfrontier Cooperation of Territorial Communities and Authorities.”
8. Federal Law “On the coordination of international and foreign economic relations of the constituent entities of the Russian Federation” dated January 4, 1999 No. 4-FZ.
9. Charter of the Primorsky Territory dated October 6, 1995 No. 14-KZ.
10. Krecha M. Constitutional regulation of the conclusion of international treaties by subjects of the federation of federal states / Transl. with silver // For international law. – Belgrade, 1992. – P. 10.
11. Basic Law of the Federal Republic of Germany, May 23, 1949 – [Electthrone resource]. – Access mode: https://www.1000dokumente.de/?c=dokument_de&dokument=0014_gru&object=translation&l=ru (access date: November 29, 2023).
12. Constitution of the Republic of Austria, November 10, 1920 – [Electronic resource]. – Access mode: https://worldconstitutions.ru/?p=160 (date of access: November 29, 2023).
13. President of the Republic of Belarus: Meeting with the Governor of the Primorsky Territory Oleg Kozhemyako in Vladivostok. – [Electronic resource]. – Access mode: https://president.gov.by/ru/events/poseshchenie-goroda-vladivostoka-vstrecha-s-gubernatorom-primorskogo-kraya-olegom-kozhemyako (date of access: 04/06/2024).
14. TASS: First EEF in Vladivostok. The Far East is interesting for investors. – [Electronic resource]. – Access mode: https://tass.ru/ekonomika/2238892 (date of access: 04/06/2024).
15. IA Krasnaya Vesna: The authorities of Primorye agreed with China on the growth of exports and investments. – [Electronic resource]. – Access mode: https://rossaprimavera.ru/news/cf3686cb (date of access: 04/06/2024).
INTERNATIONAL LAW
CHUTKOVA Yuliya Dmitrievna
adjunct of Human rights and international law sub-faculty of the Faculty of Training Scientific, Pedagogical and Scientific Personnel of the V. Ya. Kikot Moscow University of the MIA of Russia
ACTUAL QUESTIONS OF REALIZATION OF THE NUCLEAR NONPROLIFERATION REGIME
The problem of nuclear proliferation has not lost its relevance for many years. Scientific and technological progress, social and political transformations also contributed to the development of the military-industrial sphere, including in the field of nuclear weapons. Today, the implementation of the nuclear nonproliferation regime is one of the key components of international security. In order to ensure compliance with the nuclear non-proliferation regime, an international control system has been established. Within the framework of this article, the nuclear nonproliferation regime is considered as the basis for the stability of the world community, as well as the international legal concept of nuclear-weapon-free zones as an important element of the nonproliferation regime.
Keywords: non-proliferation of nuclear weapons, the doctrine of nuclear deterrence, nuclear-weapon-free zones, demilitarization, neutralization.
Bibliographic list of articles
1. Treaty on the Non-Proliferation of Nuclear Weapons of June 12
1968 // Official website of the United Nations. – [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/conventions/npt.shtml (access date: 03/26/2024).
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3. UN General Assembly Resolution No. 3472 B (XXX) // Official website of the United Nations. – [Electronic resource]. – Access mode: https://documents.un.org/doc/resolution/gen/nr0/788/75/pdf/nr078875.pdf?token=Z2dv3wgNAWxxkJOK8R&fe=true (date of access: 03/27/2024).
4. Valeev R. M. International control in international nuclear law // Moscow Journal of International Law. – 2000. – No. 2. – P. 176-185.
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7. Metelina O. V. International legal regulation of the regime of nuclear-free zones and modern trends in its development: dis. …cand. legal Sci. – Kazan, 2007. – 230 p.
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INTERNATIONAL HUMANITARIAN LAW
TENETA Anastasiya Borisovna
postgraduate student of International law sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
THE CONTRIBUTION OF THE INTERNATIONAL RED CROSS AND RED CRESCENT MOVEMENT TO THE DEVELOPMENT OF INTERNATIONAL HUMANITARIAN LAW FOR THE PROTECTION OF PRISONERS OF WAR AND DETAINEES
The International Red Cross and Red Crescent Movement (hereinafter – the Movement), consisting of the International Committee of the Red Cross, the International Federation of Red Cross Societies and National Red Cross and Red Crescent Societies, for 160 years has been making a significant contribution to the development ofinternational humanitarian law, including the protection of prisoners of war and detainees during armed conflict.
The article analyzes the activities of the Movement and provides practical examples from the research area. It also examines the challenges and difficulties faced by humanitarian organizations in dealing with prisoners of war and detainees and makes recommendations for improving this work.
Keywords: the International Red Cross and Red Crescent Movement, Red Cross, international humanitarian law, protection of prisoners of war, detainee, civilian.
Bibliographic list of articles
1. How the Nazis deceived the Red Cross. V. Lyutova. 2017 [Electronic resource]. – Access mode: How the Nazis deceived the Red Cross (fishki.net). (access date: 12/25/2023).
2. Kotlyarov I.I. International humanitarian law. – M.: Yurlitinform, 2020.
3. Charter of the International Red Cross and Red Crescent Movement (adopted by the XXV International Conference of the Red Cross in Geneva in October 1986, as amended in 1995 1 and 2006 2). [Electronic resource]. – Access mode: Movement_Statutes_RUS.doc (icrc.org). (date of access: 03/29/2024).
4. Kalugin V. Yu., Pavlova L. V., Fisenko I. V. International humanitarian law. – Minsk: Theseus, 1019.
5. Prisoners-of-war-in-contemporary-armed-conflict_-Interpreting-the-Third-Geneva-Convention-70-years-after-its-negotiation-Humanitarian-Law-Policy-Blog. [Electronic resource]. – Access mode: Prisoners of war in contemporary armed conflict: Interpreting the Third Geneva Convention 70+ years after its negotiation – Humanitarian Law & Policy Blog (icrc.org) (accessed 12/25/2023).
6. Handbook of the International Red Cross and Red Crescent Movement, 13th ed., Geneva, 1994, for the text of official documents.
7. The legal status of National Red Cross and Red Crescent Societies 31-12-2000 Article, International Review of the Red Cross, No. 840, by Christophe Lanord. [Electronic resource]. – Access mode: https://www.icrc.org/en/doc/resources/documents/article/other/57jqt9.htm?ysclid=lr386z4fd4659914801 (access date: 12/25/2023).
8. International Review of the Red Cross (2022), 104 (920-921), 2027–2051. How International Humanitarian Law Develops doi:10.1017/S1816383122000583. The role of National Red Cross and Red Crescent Societies in the development of international humanitarian law: Lessons learned, and perspectives based on the Belgian Red Cross experience.
9. Updated ICRC Commentary on the III Geneva Convention: a new instrument for the protection of prisoners of war in the 21st century. Gemma Armand, Kvitoslava Krotiu. International Journal of the Red Cross, No. 913 (2021). Digital technologies and war.
10. Convention (III) concerning the Treatment of Prisoners of War. Geneva, August 12, 1949.
11. ICRC Commentary 2020 on Convention (III) relative to the Treatment of Prisoners of War. Geneva, 12 August 1949. [Electronic resource]. – Access mode: https://ihl-databases.icrc.org/en/ihl-treaties/gciii-1949/article-125?activeTab=undefined (access date: 12/25/2023).
INTERNATIONAL HUMANITARIAN LAW
LEBEDYNSKAYA Inna Markovna
postgraduate student of International law sub-faculty of the Institute of Law of the Patrice Lumumba Peoples Friendship University of Russia
NEW CHALLENGES TO INTERNATIONAL HUMANITARIAN LAW REGARDING THE USE OF UNMANNED AERIAL VEHICLES IN ARMED CONFLICTS
The article is devoted to the study of new issues of international humanitarian law regarding the use of unmanned aerial vehicles (UAVs) in combat operations. In addition to the advantages, the use of UAVs for military purposes has several related questions and concerns regarding the principles of international law. Their use must comply with international humanitarian law, in particular with regard to preventing civilian casualties.
Keywords: international humanitarian law, Geneva Conventions of 1949, unmanned aerial vehicles, armed conflict, new technologies.
Bibliographic list of articles
1. Atherton K. D. “Trump’s drone war is less responsible than ever” // Foreign Policy. – 2020. – May 22. – P. 4-5. [Electronic resource]. – Access mode: https://foreignpolicy.com/2020/05/22/obama-drones-trump-killings-count/ (date of access: 04/04/2024).
2. Baker R. B. 2019. Customary international law in the 21st century: old problems and new debates // European Journal of International Law. – 2019. – No. 21 (1). – pp. 177-178. [Electronic resource]. – Access mode: https://doi.org/10.1093/ejil/chq015.
3. Additional Protocol to the Geneva Conventions of 12 August 1949, relating to the protection of victims of international armed conflicts (Protocol I). Geneva, June 8, 1977.
4. Konokhov M.V. Avtonomnye weapons systems: current problems of international legal regulation in the context of the development of artificial intelligence technologies for military purposes // Law in the Armed Forces: Military Legal Review. – Moscow, 2022. – No. 9 (302). – pp. 177-178.
5. Runov E. A., Bobeshko O. V., Averchenko S. V. Application of UAVs in wars and armed conflicts. Brief historical overview. — Text: immediate // Young scientist. – 2019. – No. 44 (282). – pp. 276-278. [Electronic resource]. – Access mode: https://moluch.ru/archive/282/63517.
INTERNATIONAL PRIVATE LAW
KLIMOV Aleksander Pavlovich
postgraduate student of the Faculty of Law of the M. V. Lomonosov Moscow State University
THE PRINCIPLE OF TRANSPARENCY IN NORMS OF INTERNATIONAL TRADE LAW
This scientific article examines the principle of transparency and considers the matter of which norms of international trade law enshrine this principle. Based on the analysis of scientific papers on transparency, it is concluded that currently there is a widespread perception that the principle of transparency is an availability of information about trade rules. Within this work, through the analysis of the texts of international trade agreements, the position is substantiated that the principle of transparency is enshrined in a wider range of norms of international trade law than is commonly considered within the traditional approach.
Keywords: the principle of transparency, transparency, transparency provisions, WTO.
Bibliographic list of articles
1. Bernal Turnes Paloma and Ricardo Ernst. A framework for transparency in international trade. Investigaciones Europeas de Dirección y Economía de la Empresa, Vol. 21, Iss. 1, January–April 2015. pp. 1-8. [Electronic resource]. – Access mode: https://www.sciencedirect.com/science/article/pii/S1135252314000057#bbib0175 (date of access: 03/07/2024).
2. Baranova M. A. Ensuring transparency of international regulation of trade in goods and services within the framework of the GATT/WTO agreements. Trade policy. Trade policy. Trade policy / 2017. No. 1/9. ISSN 2499-9415. 2017. ss. 9-22. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/obespechenie-prozrachnosti-mezhdunarodnogo-regulirovaniya-torgovli-tovarami-i-uslugami-v-ramkah-soglasheniy-gatt-vto/viewer (access date: 03/15/2024 ).
3. Mikhnevich S.I. 15 questions about the GATT/WTO multilateral trading system. – Minsk: Belsens, 2009. [Electronic resource]. – Access mode: https://mfa.gov.by/upload/Mikhnevich_paper_wto.pdf (date of access: 03/15/2024).
4. Trunk-Fedorova M. P. Transparency in disputes within the framework of the European Union free trade agreements and in the practice of the WTO. International justice. 2016. ss. 70-80. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/transparentnost-v-sporah-v-ramkah-soglasheniy-evropeyskogo-soyuza-o-svobodnoy-torgovle-i-v-praktike-vto (access date: 03/15/2024 ).
5. Zoellner Carl-Sebastian. Transparency: An Analysis of an Transparency: An Analysis of an Evolving Fundamental Principle in International Economic Law. Michigan Journal of International Law. Vol. 27. Iss. 2. 2006. pp. 579-628. [Electronic resource]. – Access mode: https://repository.law.umich.edu/cgi/viewcontent.cgi?article=1190&context=mjil (access date: 03/18/2024).
EUROPEAN LAW
CHERNOBAEV Sergey Valerjevich
master of law, postgraduate student of Integration and European law sub-faculty of the O. E. Kutafin Moscow State Law University (MSLA)
THE ROLE AND CURRENT CHALLENGES OF THE APPLICATION OF INDIVIDUAL ANTI-COMPETITIVE BANS IN THE EU
The article “The role and current challenges of the application of individual anti-competitive prohibitions in the EU” examines the key aspects and challenges associated with the application of individual anti-competitive prohibitions within the European Union (EU). The author examines the historical development of competition law in the EU, starting with the Treaty of Rome in 1957, and the further evolution of norms aimed at strengthening individual responsibility for anti-competitive actions. The article analyzes important legislative acts such as Regulation 1/2003 and Directive 2014/104/EC, as well as judicial practice. In addition, a comparative analysis of approaches to individual anti-competitive actions in the EU and the USA is conducted, and prospects for the development and adaptation of these norms in the digital economy and the use of artificial intelligence are considered. The author emphasizes the importance of individual responsibility as an important element in maintaining fair competition and consumer protection.
Keywords:anti-competitive actions, European Union (EU), Individual responsibility, Competition law, Treaty of Rome, Regulation 1/2003, Directive 2014/104/EC, Judicial practice, Comparative analysis, Digital economy, Artificial intelligence, Abuse of dominant position, Antitrust law, EAEU.
Bibliographic list of articles
1. Competition law, digitalization and platforms: distinguishing between old and new challenges / Pinar Akman, June 2022 [Electronic resource]. – Access mode: https://www.cigionline.org/articles/competition-law-digitalization-and-platforms-separating-the-old-challenges-from-the-new/ (access date: 04/02/2024).
2. The Objectives of EU Competition Law: A Comprehensive Empirical Study Published online by Cambridge University Press: 17 March 2022.
3. Treaty on the Functioning of the European Union (TFEU): Articles 101, 102; Regulation 1/2003 (on the application of the competition rules set out in Articles 101 and 102 of the Treaty), etc.
4. Treaty establishing the European Community (Rome, 25 March 1957) (consolidated text taking into account the Nice amendments) (as amended on 16 April 2003). [Electronic resource]. – Access mode: https://eulaw.ru/treaties/teuratom_edit/ (date of access: 03.25.2024).
5. EU Regulation No. 1/2003 “Modernization Regulation”. [Electronic resource]. – Access mode: https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=celex%3A32003R0001 (access date: 03/27/2024).
6. EU Directive No. 2014/104/EU “Damage Compensation Directive”. [Electronic resource]. – Access mode: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32014L0104 (accessed March 28, 2024).
7. EU Regulation No. 139/2004 “Merger Regulation”. [Electronic resource]. – Access mode: https://eur-lex.europa.eu/legal-content/en/ALL/?uri=CELEX%3A32004R0139 (access date: 03/17/2024).
8. Treaty on the Functioning of the European Union. [Electronic resource]. – Access mode: https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:12012E/TXT:en:PDF (access date: 03/21/2024).
9. Sherman Act, 1890. [Electronic resource]. – Access mode: https://www.archives.gov/milestone-documents/sherman-anti-trust-act (access date: 03/12/2024).
10. “Treaty on the Eurasian Economic Union” (Signed in Astana on May 29, 2014) (as amended on December 9, 2022). [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_163855/ (date of access: 03/07/2023).
EUROPEAN LAW
CHUMYCHKIN Alexander Anatoljevich
competitor of Integration and European law sub-faculty of the O. E. Kutafin Moscow State Law University (MSLA)
REFORM OF THE CONTROL MECHANISM IN THE AREAS OF EXTRACTION AND CONSERVATION OF MARINE BIOLOGICAL RESOURCES IN THE EUROPEAN UNION: LEGAL ASPECT
This article is an analysis of Regulation (EC) No 2023/2842 of the European Parliament and of the Council of 22 November 2023, which introduces comprehensive changes to the European Union control system for fishing activities and the subsequent sale of its products . The article substantiates the relevance of changes in the legal regulation of this area within the framework of the EU Common Fisheries Policy. The author analyzed the goals, structure and key provisions of the specified Regulations, and outlined the main directions of the proposed reform of the control system. During the analysis, the author paid special attention to his novelties. The conclusion is made regarding changes in the legal regulation in the system of control over the extraction and conservation of marine biological resources, as well as the subsequent sale of fishing products (including their transportation, processing), after the entry into force of the Regulations , which is based on the statement of expansion and strengthening said controls, supported by the introduction of new technologies and the application of uniform control provisions to fisheries and aquaculture products originating both within the EU and outside it.
Keywords: European Union; legal regulation; Common Fisheries Policy; control system; fishing products; marine biological resources; fishing.
Bibliographic list of articles
1. Bekyashev D.K., Bekyashev K.A. International legal problems in the fight against illegal fishing. Monograph. – M.: Prospekt Publishing House, 2015. – 497 p.
2. Bekyashev D.K., Smolnikova N.A., Laeva A.O. Legal aspects of cooperation of the European Union with third countries in the field of fishing // Advances in law studies. – 2021. – No. 9 (2). – pp. 36-40.
3. Bocharova E. V. Main stages of development of the common fishing policy of the European Union // Modern law. – 2014. – No. 5. – P. 136-144.
4. Gutsulyak V. N. International maritime law: (public and private). – M.: Phoenix, 2006. – 410 pp.
5. Kashkin S. Yu., Chetverikov A. O. European Union: Fundamental Acts as amended by the Lisbon Treaty with comments. [Electronic resource]. – Access from the reference and legal system “Consultant Plus”.
6. Berg A. Implementing and Enforcing European Fisheries Law: The Implementation and the Enforcement of the Common Fisheries Policy in the Netherlands and in the United Kingdom. – Martinus Nijhoff Publishers, 1999. – 334 p.
7. Churchill R., Owen D. The EC Common Fisheries Policy. – Oxford: Oxford University Press, 2010. – 640 p.
8. Symmons C. R. Selected Contemporary Issues in the Law of the Sea. – Martinus Nijhoff Publishers, 2011. – 360 p.
LAW OF FOREIGN COUNTRIES
BOGATYREVA Olga Vasiljevna
Ph.D. in pedagogical sciences, associate professor of History sub-faculty of the K. G. Razumovsky Moscow State University of Technology and Management (First Cossack University)
DZYUBAN Valeriy Valerjevich
Ph.D. in historical sciences, Ph.D. in pedagogical sciences, associate professor, professor of Humanitarian disciplines sub-faculty of the Russian Customs Academy
ZAKOPYRIN Vladimir Nikolaevich
Ph.D. in Law, associate professor, associate professor of Administrative and financial law sub-faculty of the Academy of Law and Management of the FPS of Russia
THE MAIN ASPECTS OF THE FUNCTIONING OF CHINESE PRIVATE MILITARY COMPANIES
This article examines the issue of determining the main aspects of the functioning of private military companies in the People’s Republic of China. This topic has become particularly relevant in connection with the implementation of the transnational economic project “One Belt, One Road”, activities on the African continent and other countries of the world, and the expansion of the spheres of influence of Chinese security agencies. At the same time, PMCs act as an instrument of state policy, are used exclusively by the state, but do not have a sufficient level of combat capability, as a result of which they do not compete with the PLA.
Keywords: China, corporations, mercenaries, private military companies.
Bibliographic list of articles
1. Bredikhin A.V., Bogatyreva O.V., Zakopyrin V.N. On determining the status of private military companies // Eurasian Legal Journal. – 2024. – No. 2 (189). – pp. 471-472.
2. Bredikhin A.V., Dzyuban V.V., Panini Yu.I. Terrorist organizations in the structure of “new wars” // Eurasian Legal Journal. – 2024. – No. 2 (189). – pp. 467-468.
3. Bredikhin A.V., Yadykina T.S. The special influence of China on the nature of the Kashmir crisis // Humanities. Bulletin of the Financial University. – 2023. – No. 13 (4). – pp. 115-119.
4. Kosov G.V., Garas L.N., Lebed N.I. Military elite or counter-elite? (Private military companies as a tool for realizing the national interests of the state: the example of American and Chinese PMCs) // Questions of Eliteology. – 2023. – No. 2. – P. 25-43.
5. Shalak A.V., Tretyakov D.A. The role of Chinese private military companies in the implementation of the One Belt – One Road initiative // Russian-Chinese Studies. – 2022. – No. 2. – P. 77-83.
COMPARATIVE LAW
SAVCHENKO Denis Alexeevich
postgraduate student of Civil and business law sub-faculty of the Novosibirsk State University of Economics and Management
COMPARATIVE ANALYSIS OF APPROACHES TO IDENTIFYING BURIAL GROUNDS IN THE LEGISLATION OF EAEU MEMBER STATES
This scientific article is devoted to the analysis of the concept of “burial place” as one of the key categories of legislation on burial and funeral cases in the Russian Federation. The article examines and compares various approaches to the definition of this concept, presented in the legislation of the member countries of the Eurasian Economic Union, examines the legal nature of burial grounds and their constituent elements. Special attention is paid to identifying the national peculiarities of the funeral legislation of each of the reviewed states and the final generalization of all identified similarities and differences.
Keywords: burial grounds, cemeteries, crematoriums, columbariums, grief walls for burial, graves, funeral case, burial.
Bibliographic list of articles
1. Kulichev R. B. Some features of the legal regulation of burial and funeral business (using the example of the city of Moscow) // Law and business: convergence of private and public law in the regulation of entrepreneurial activity. – Moscow Academy of Economics and Law. – 2015.
2. Rybina S. N. Legal regulation in the field of burial and funeral business in Russiaoh Federation // Law and State: Theory and Practice. – 2022. – No. 3 (207).
THEORY OF STATE AND LAW
GABDULLINA Aliya Rasilevna
lecturer of Administrative and legal disciplines sub-faculty of the Ufa Law Institute of the MIA of Russia
PROPERTY AS A PHENOMENON IN THE VALUE SYSTEM OF RUSSIAN LEGAL THOUGHT
The concept of ownership is in the focus of attention of researchers in various branches of scientific knowledge. The article is devoted to the consideration of the main approaches to the definition of this concept as a legal category formulated in the pre-revolutionary, Soviet and modern periods. Special attention is paid to the concepts proposed by K. P. Pobedonostsev, Y. K. Tolstoy, O. S. Ioffe, E. V. Sukhanov. The article concludes that property as a legal phenomenon in domestic research is studied as a multidimensional phenomenon that acts as an important element of the legal, economic and social system of society.
Keywords: law, state, property, property relations, legal phenomenon.
Bibliographic list of articles
1. Ardimeeva N.V. Theoretical and practical aspects of the development of modern civil science. Issue 2. – Krasnodar: Southern Institute of Management, 2013. – 164 p.
2. Arkhipov S.I. Legal relationship of property: theoretical analysis // Russian legal journal. – 2010. – No. 1. – P. 7-24.
3. Grigorieva A.V. Property and property rights: doctrinal approaches // Scientific statements. – 2022. – No. 2 (10). – pp. 14-17.
4. Davidovich N.V. Understanding of property and property rights in domestic theoretical and historical sources // Leningrad Legal Journal. – 2023. – No. 1 (71). – pp. 58-81.
5. Kovalenko E. Yu. The concept of property: history of the issue // Business. Education. Right. – 2017. – pp. 162-164.
6. Useikin A.K. Property and property rights // Man: crime and punishment. – 2013. – No. 2 (81). – pp. 85-88.
7. Chernomorets R.V. Questions about property in legal and economic understanding // Lawyer – Lawyer. – 2010. – pp. 20-25.
THEORY OF STATE AND LAW
GUSEVA Galina Viktorovna
senior lecturer of Theory and history of state and law sub-faculty of the Baikal State University, Irkutsk
SAMOYLOVA Zhanna Vladimirovna
Ph.D. in Law, associate professor of Theory and history of state and law sub-faculty of the Baikal State University, Irkutsk
OFFENSE: THEORETICAL AND HISTORICAL ASPECT
The article examines the offense as a social phenomenon, which for a long time has attracted the close attention of scientific thought. The article analyzes the history of the formation of approaches to understanding “offense”, its evolution in the historical and legal context. The existing approaches in modern scientific doctrine to the concept of the category of “offense” are noted. The obvious necessity of a different understanding of the basic theoretical provisions regarding criminal acts is indicated. The essential characteristics of the offense are determined. The authors note that the issue of signs of illegal acts continues to be debateable.
Keywords: offense, misconduct, illegality, crimes, responsibility, punishability, public danger, harm, moral damage, property damage, physical harm.
Bibliographic list of articles
1. Michaelis D.V. Economic crimes in the Irkutsk province in the second half of the 19th – early 20th centuries. // Historical and economic research. – 2022. – T. 23. No. 1. – P. 152-166.
2. Kuryshova I.V. From the history of state regulation of public relations in the forestry sector in the Irkutsk province at the turn of the 19th–20th centuries // Historical and economic studies. – 2021. – T. 22. No. 2. – P. 302-319.
3. Markuntsov S. A. Genesis of approaches to the legal and doctrinal definition of a criminal offense // Law. Journal of the Higher School of Economics. – 2018. – No. 1. – P. 112-132.
4. Sopilko I. N., Likhovaya S. Ya., Uvarova N. V. New essence and specific division of criminal offenses and liability // All-Russian Criminological Journal. — 2018. — T. 12. No. 6. — P. 905–913.
5. Smirnov A. M. On the definition of the concept of “crime” in the Criminal Code of the Russian Federation // All-Russian Criminological Journal. — 2018. — T. 12. No. 3. — P. 417–423.
6. Livshits R. Z. Theory of law: textbook. – M.: Infra-M, 1999. – 263 p.
7. Baleeva E. L., Epifantseva T. Yu. [etc.] Jurisprudence: textbook; under the general editorship of S. V. Kornakova, E. V. Chigrina. – Irkutsk, 2011. – 453 p.
THEORY OF STATE AND LAW
DUBROVIN Mikhail Andreevich
senior lecturer of Theory and history of state and law sub-faculty of the Institute of Law of the A. G. and N. G. Stoletov Vladimir State University
RUSSIA AND CHINA IN THE CONTEXT OF A MULTIPOLAR WORLD: AN INTEGRATION APPROACH
The article discusses the main features of building an integration relationship between the Russian Federation and the People’s Republic of China. The main criteria of difference from the established format of interstate conjugation, characteristic of the unipolar world order, are revealed. The principles are presented, the observation of which will strengthen the formation of a multipolar world, leading to the actual observation and mutual respect of the national interests of the partner states.
Keywords: Russia, China, multipolar world, integration process, national interests.
Bibliographic list of articles
1. Luzyanin S.G. The present and future of Russian-Chinese relations // Bulletin of the Russian Academy of Sciences. – 2020. – No. 2. – P. 113-119
2. Joint statement of the Russian Federation and the People’s Republic of China on the development of relations of comprehensive partnership and strategic interaction entering a new era // President of Russia: [official. resource]. [Electronic resource]. – Access mode: http://www.kremlin.ru/supplement/5413 (date of access: 04/11/2024).
3. Ustinova E. Yu. International control over compliance with international treaties: Author’s abstract. dis. …cand. legal Sci. – M., 2008. – P. 7.
4. Farkhutdinov I.Z. On the role of international legal monitoring and international control in the development of Eurasian economic integration: an interview with O.I. Tiunov // Eurasian Legal Journal. – 2012. – No. 10 (53).
THEORY OF STATE AND LAW
ERMOLAEV Oleg Igorevich
adjunct of the Ufa Law Institute of the MIA of Russia, Legal Adviser of the Legal Department of the MIA of the Republic of Bashkortostan
ON THE ISSUE OF THE ACTIVITIES AND ROLE OF INDIVIDUAL STATE STRUCTURES CREATED TO PREVENT INTERFERENCE IN THE INTERNAL AFFAIRS (INTERNAL POLICY) OF THE STATE
The article, using the example of the activities of the Commission of the Federation Council of the Russian Federation for the Protection of State Sovereignty and the Prevention of Interference in the Internal Affairs of the Russian Federation and the Commission of the State Duma of the Federal Assembly of the Russian Federation to Investigate the facts of interference by foreign states in the internal affairs of Russia, examines the issue of a set of measures taken by the state aimed at studying and preventing the facts of interference in internal affairs (internal politics ) of the Russian Federation. Based on the results of the analysis of the material under consideration, based on current legislation and doctrinal sources, the author makes a proposal to improve regulatory legal acts.
Keywords: state, interference in internal affairs (internal politics), legislative bodies, commission, sovereignty.
Bibliographic list of articles
1. Klishas A. A. From the struggle for law to the struggle for sovereignty // Law and Management. XXI Century. – 2018. – No. 3. – P. 11-20.
2. Bartenev V.I. Interference in internal affairs: a dispute over the definition // Bulletin of Moscow University. Series XXV. International relations and world politics. – 2018. – No. 4. – P. 79-108.
3. Korostelev S. V. Towards the definition of the phenomenon of hybrid use of force and the problem of interference in the internal affairs of the state // Management consulting. – 2021. – No. 12. – P. 33-47.
4. Dikaev S.U., Dikaeva D.M. Foreign interference in the internal affairs of the state and the problem of protecting national sovereignty // Legal Thought. – 2012. – No. 2. – P. 100-107.
THEORY OF STATE AND LAW
MUSAEVA Asma Gadzhievna
Ph.D. in historical sciences, associate professor of Criminal law and state legal disciplines sub-faculty of the Dagestan State University of National Economy, Makhachkala
AGASIEVA Magrifa Nugutdinovna
Ph.D. in economical sciences, associate professor of University-wide sub-faculty of socio-humanitarian disciplines of the R. Gamzatov Dagestan State Pedagogical University
THE POLITICAL REGIME: AS AN ELEMENT OF THE FORM OF THE STATE
The article analyzes the concepts of “political regime as an element of the form of the state” and reveals their essence and correlation. The division of modes into types is carried out, and the characteristics of each of them are also considered. The influence they have on the political life of society is highlighted. It is noteworthy that in modern political science, the term “political regime”, with its very vague understanding, turned out to be very vague, which caused a lot of controversy among political scientists. Ancient thinkers did not use the term “political regime”. According to political scientists, this concept appeared much later.
Keywords: political regime, state regime, democracy, liberalism, authoritarianism, totalitarianism, despotism, tyranny, military junta.
Bibliographic list of articles
1. Ageshin Yu. A. Politics, law, morality. – M., 2022.
2. Alekseev S.S. Mechanism of legal regulation in the socialist state. – M., 2018 @@ Antonovich I. I. Modern capitalism: sociodynamics of power. – M., 2021.
3. Egorov S. A. Political system, political development, law. – M., 2020.
4. Zhelev Zh. Fascism. Totalitarian state. – M., 1991. – 336 p.
5. Zaznaev O.I. Typology of political regimes: abstract of the dissertation. – Kazan, 2019.
6. Nazarenko O. A. Political regime: theoretical and legal characteristics // Scientific journal “Young Scientist”.
THEORY OF STATE AND LAW
PARONYAN Karen Martinovich
Ph.D. in Law, associate professor of Branch legal disciplines sub-faculty of the A. P. Chekhov Taganrog Institute (branch) of the Rostov State University of Economics (RINE)
THEORETICAL AND LEGAL FOUNDATIONS OF THE INSTITUTION OF CENSORSHIP IN THE DIGITAL AND ANALOG SPACE
The article analyzes modern forms of censorship in the digital and analog space, taking into account the consequences of digital transformation. Particular attention is paid to the impact of censorship on human rights, the problem of preserving individual autonomy and the protection of personal data. The author addresses the positions of various scientists, considering proposals for improving legislation and practical measures to combat censorship in both spaces. The conclusion is formulated that one of the key theoretical and legal problems today is the issue of ensuring guarantees for the preservation of the digital-free environment of an individual’s existence in the Russian Federation and the creation of an appropriate mechanism for refusing digital services without compromising access to basic government and social functions. It is necessary, in this regard, to develop alternative ways of obtaining services for those who do not want or cannot use electronic resources.
Keywords: censorship, personal autonomy, digital transformation, human rights, personal data.
Bibliographic list of articles
1. Bertovsky L. V. High-tech law: concept, genesis and prospects // Bulletin of the Russian Peoples’ Friendship University. Series: Legal sciences. – 2021. – No. 4. – P. 735-749.
2. Volos A. A., Ivanov A. A. Digitalization and the Constitution // Law. – 2022. – No. 12. – P. 34-45.
3. Dmitrieva O. Without a “piece of paper” – a person. – [Electronic resource]. – Access mode: https://rg.ru/2011/02/11/dokumenty-site.html (access date: 03/30/2024).
4. Ilnitsky K. O. Archival materials as sources of the history of the formation of privileges (permissions) for the establishment of printing houses and legislation on censorship of the Russian Empire // Current problems of source study: materials of the V International scientific and practical conference for the 110th anniversary of the Vitebsk Scientific Archival Commission (Vitebsk, April 25-27, 2019). – Vitebsk, 2019. – pp. 214-216.
5. Martsokha I. E. Institute of censorship in information legal policy of Russia: abstract. …dis. Ph.D. legal Sci. – Rostov-on-Don, 2007. – 25 p.
6. Ovchinnikov A.I. Security of the individual and the state in the digital era: political and legal aspect // Journal of Russian Law. – 2020. – No. 6. – P. 5-21.
THEORY OF STATE AND LAW
SAMOYLOVA Zhanna Vladimirovna
Ph.D. in Law, associate professor of Theory and history of state and law sub-faculty of the Baikal State University, Irkutsk, Deputy Chairman of the Irkutsk City No. 2 Territorial Election Commission (Oktyabrsky district)
LEGAL AWARENESS AND ACTIVE SUFFRAGE
This article demonstrates the influence of active suffrage on the formation of legal awareness and legal culture of the electorate and civil society as a whole. The author notes the difficulties faced by both voters and organizers of the electoral process as a result of the preparation and conduct of the 2024 Presidential election campaign. The concept of improving the legal culture of voters in the Russian Federation for 2022-2024 is analyzed. Organizational and legal measures are proposed to improve the legal education of the electorate and future voters in the Russian Federation.
Keywords: legal awareness, legal culture, constitunational rights of citizens, active suffrage, the right to choose, absenteeism, electorate, democratic state, rule of law, civil society, presidential elections, territorial election commissions, election organizers, Central Election Commission.
Bibliographic list of articles
1. Zaitseva E. S. Values as a factor in establishing the limits of legal regulation // Academic legal journal. – 2022. – No. 1.
2. Smirnova I. G., Stepanenko D. A. Legal aspects of the transformation of Russian society // Academic legal journal. – 2020. – No. 4 (82).
3. Dubrovina Yu. Ya. Constitutional and legal protection of citizens’ electoral rights in the context of the use of modern electoral technologies in Russia: abstract of thesis. dis. …cand. legal Sciences: 5.1.2. – Saratov, 2023. – 29 p.
4. Volkov D.V., Krasilnikov S.V. Development of approaches to understanding the rule of law as a fundamental idea of the rule of law in Russian legal thought of the early twentieth century // Baikal Research Journal. – 2016. – T. 7. No. 3.
THEORY OF STATE AND LAW
ULAEVA Natalya Lvovna
Ph.D. in Law, associate professor, associate professor of Theory and history of law and state sub-faculty of the Krasnodar University of the MIA of Russia
THE IMPORTANCE OF THE AXIOMATIC METHOD FOR LEGAL SCIENCE
The article analyzes the methodology of law, which combines a set of principles, means and methods of cognition of legal reality; the emergence of the axiomatic method and its scientific significance; the “axiom” as the basis of the axiomatic method; the axiomatic system of scientific knowledge. The article focuses on the main advantages of the axiomatization of science and the application of the axiomatic method, its specifics and features, as well as highlights individual problems that arise in the process of applying the method in question.
Keywords: methodology of law, axiomatic method, axioms, scientific theories, axiomatic system, scientific knowledge, legal science, axiomatization.
Bibliographic list of articles
1. Kerimov D. A. Methodology of law: subject, functions, problems of philosophy of law. 5th ed. – M.: SSU Publishing House, 2009. – P. 88.
2. Shumilo M. M. Axiomatic method and legal axioms in the study of social security problems // Labor law in Russia and abroad. – 2011. – No. 2. – P. 37-41.
3. Dictionary of foreign words / Under. ed. Spirina A. G., Achurina I. A. 11th ed. – M.: Russian language, 1984. – P. 22.
4. Soviet encyclopedic dictionary / Ch. ed. A. M. Prokhorov 3rd ed. – M.: Sov. Encyclopedia, 1984. – P. 32.
5. Malin A. S., Mukhin V. I. Research of control systems: Textbook for universities. – M.: State University Higher School of Economics, 2002. – P. 62.
THEORY OF STATE AND LAW
CHUKSINA Valentina Valerjevna
Ph.D. in Law, professor, Head of Legal support of national security sub-faculty of the Baikal State University, Irkutsk
THEORETICAL AND LEGAL UNDERSTANDING OF THE CONCEPT OF “INSTITUTION FOR THE PROMOTION AND PROTECTION OF HUMAN RIGHTS”
The article shows the genesis of the concept of “institution for the promotion and protection of human rights”. The current problems of its activities and existing approaches are considered, the essence of this institution is revealed and its role in strengthening the protection of human rights is shown. It is noted that an important condition for recognizing the effectiveness of its activities is compliance with international standards.
Keywords: institute for the Promotion and protection of Human rights, human rights, civil society, ombudsman.
Bibliographic list of articles
1. Atanov A. A. Social reality in the system of textual influence: Russian break // News of the Baikal State University. – 2019. – No. 4. T. 29. – P. 560-575.
2. Zagoskin N.P. History of law of the Moscow State. – Kazan: Kazan University Publishing House, 2004. – 344 p.
3. Prikhodko T.V. Understanding the restrictions on the rights and freedoms of man and citizen from the standpoint of intervention // Academic legal journal. – 2019. – No. 2 (76). – pp. 13-18.
4. Prikhodko T.V., Rozhkova A.N. The concept of sustainable development and ensuring national security in the legal regulation of the Russian Federation // Baikal Research Journal. – 2020. –T. 11. No. 3.
5. Gallagher A., Alston P., Crawford J. Making Human Rights Treaty Obligations a Reality: Working with New Actors and Partners // The Future of UN Human Rights Treaty Monitoring. – Cambridge University Press: Cambridge, 2000. – 563 rub.
6. Lewis M. E. The Early Chinese Empires: Qin and Han. – Belknap Press of Harvard University Press, 2007. – 321r.
THEORY OF STATE AND LAW
CHABANENKO Larisa Vladimirovna
postgraduate student of Theory and history of state and law sub-faculty of the Institute of Law of the Belgorod State National Research University
THE GENESIS OF THE INTRODUCTION OF DIGITAL TECHNOLOGIES INTO JURISDICTIONAL PROCESSES IN THE RUSSIAN FEDERATION
The article analyzes the history of the introduction of digital technologies into jurisdictional processes in the Russian Federation. The study is aimed at identifying its key stages, as well as assessing its impact on various aspects of digitalization through the prism of the theory of state and law. This goal determined the need to solve a number of problems related to the analysis of the genesis of digitalization of the institution of justice. The activities carried out within the framework of the introduction of information technologies in the area under study are discussed in detail. One of the main results of the study was the systematization of the chronology of digitalization of the jurisdictional process, carried out on the basis of a retrospective method.
Keywords: digitalization, jurisdictional process, theory of state and law, legal proceedings, information technology.
Bibliographic list of articles
1. Bryantseva O. V., Soldatkina O. L. Electronic justice in Russia: problems and solutions // Bulletin of the O. E. Kutafin University. 2019. No. 12 (64). pp. 97-104.
2. Druzhinina A. A., Paulov P. A. Features of the implementation of electronic legal proceedings in the arbitration process // Legal science. 2021. No. 4. P. 187-189.
3. Novikova K. S. Digital innovations and elements of electronic justice in arbitration proceedings during the spread of coronavirus infection // Education and Law. 2020. No. 4. P. 240-244.
4. Electronic justice: results and prospects: Internet interview with the Chairman of the Arbitration Court of the Kaluga Region S. Yu. Sharaev. [Electronic resource]. – Access mode: https://www.garant.ru/company/cooperation/gov/action/regional/271319/ (date of access: 01/12/2024).
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
TERRORISM AS A POLITICAL AND LEGAL PHENOMENON. TRAITS, TYPOLOGY
This article conducts a study of terrorism as a political and legal phenomenon; the features of terrorism and its typological features have been studied. The specifics of the development of terrorist activities have been determined; terrorism is primarily a political phenomenon, because determines the direction of counter-terrorism strategies and mechanisms of democratic states. In other words, anti-terrorism activities initially have political overtones and character. When developing a model for a particular state to counter terrorism, it is necessary to maintain a balance between the high effectiveness of measures and compliance with legal guarantees and freedoms of citizens, generally accepted principles and norms.
Keywords: terrorism, public policy, political phenomenon, specification of the term terrorism, political goal.
Bibliographic list of articles
1. Abdrashitov V. M. International security and cooperation of states in the fight against terrorism // Matrix of scientific knowledge. – 2020. – No. 3. – P. 72-77.
2. Antonenko S. Into the mouth of Lucifer / Sergey Antonenko, Tatyana Filippova // Motherland. – 1998. – No. 2. – P. 16.
3. Aseev A. G. International terrorism as a threat to the national security of the Russian Federation // Bulletin of the Prikamsky Social Institute. – 2020. – No. 2 (86). – pp. 8-16.
4. Bryukhova E. O. International cooperation in the fight against corruption // Scientist’s Tribune. – 2020. – No. 1. – P. 158-163.
5. Vasiliev A. Terrorism: On the historical roots of terrorism and its manifestations // Our contemporary. – 2016.- No. 6. – P. 158-168.
6. Kostin A.V. Countering information terrorism: history and modernity // Bulletin of the Russian New University. Series: Man and Society. – 2020. – No. 1. – P. 104-114
7. Luppov I. Modern terrorism as a political phenomenon. News of the Russian State Pedagogical University named after. A. I. Herzen. – 2009. – No. 103. – P. 225-231.
THEORY OF STATE AND LAW
PADIN Artyom Eduardovich
postgraduate student of the Institute of Law of the Vladivostok State University
PROGRESSIVE AND PROTECTIVE DEVELOPMENT OF THE PRINCIPLE OF ADVERSARY IN RUSSIAN LAW BASED ON THE NATIONAL LEGAL TRADITION
The democratic approach of judicial reform to ensure accessibility and improve the quality of justice primarily includes stimulating the initiative of the parties in judicial dispute resolution and their active participation in the adversarial process. However, many procedural innovations inherent in adversarial proceedings still remain unrealized for various reasons, including the slow adaptation of the people to changes in legal reality and adaptation (formation of a new legal consciousness) to new conditions of litigation and legal regulation during the reform period .
In the article indicates that overcoming the problems of practical implementation of the principle of adversarial proceedings, as well as the choice of a vector for its further improvement, it is necessary to rely on legal conservatism, which will allow taking into account the previous experience of its practical application and the cultural characteristics of the national legal tradition within which it develops.
The author concludes that the appeal to the experience of doctrinal understanding of the period of application of the principle of adversary introduced by the judicial reform of 1864, it will allow to develop an best approach to its development, because the problems of the adversarial principle related to the issues of increasing or minimizing the procedural role of the court and the motivation of the activity of the parties to the proceedings have remained substantially unchanged.
The article also indicates that in the current conditions of the transition period, it is necessary to assign the main role in litigation to professional attorney of the parties, because they have sufficient knowledge and skills to effectively conduct cases in court and implement evidentiary opportunity. It is proposed to increase the activity of the court in guiding the litigation and building full-fledged cooperation between the court and the parties united by a common legal interest in the correct and fair resolution of the dispute. This will make it possible to increase both the effectiveness of the adversarial process and its consistency with the national legal tradition, to form a new public understanding of law and legal culture with an emphasis on the independent initiative activity of participants in court proceedings.
Keywords: adversarial principle, court’s activity, adversarial process, legal culture, judicial presiding over court proceedings, objective truth, legal tradition.
Bibliographic list of articles
1. Argunov A.V. On the relationship between political ideology and procedural law // Arbitration and civil process. – 2021. – No. 7. – pp. 3-7.
2. Vasiliev A. A. Conservative legal ideology of Russia: theoretical and spiritual aspects. – Moscow: Prospekt, 2023. – 464 p.
3. Vaskovsky E. V. Course of civil procedure: Subjects and objects of the process, procedural relations and actions. – M.: Statute, 2016. – 624 p.
4. Great Reform: Charter of Civil Procedure. Collective monograph. 2nd add. ed. / Ed. E. A. Borisova. – M.: Justitsinform, 2019. – 560 p.
5. Voronov A.F. Principles of civil process: past, present, future. – M.: Publishing House “Gorodets”, 2009. – 496 p.
6. Lapaeva V.V. Types of legal understanding: legal theory and practice. – M.: Russian Academy of Justice, 2012. – 579 p.
7. Lapaeva V.V. Sociology of law. – 2nd ed., revised. and additional – Moscow: Norma: INFRA-M, 2023. – 336 p.
8. Momotov V.V. Judicial reform of 2018 in the Russian Federation: concept, goals, content (part I) // Journal of Russian Law. – 2018. – No. 10. – P. 134-146.
9. Mordovtsev A. Yu., Mamychev A. Yu., Shestopal S. S. The essence and content of the Russian legal mentality // Azimuth of scientific research: economics and management. – 2017. – T. 6. No. 4 (21). – pp. 339-344.
10. Nefediev E. A. Textbook of Russian civil proceedings. 3rd ed. – M., 1909. – 403 pp.
11. Postclassical studies of law: prospects for a scientific and practical program: collective monograph / Ed. E. N. Tonkova, I. L. Chestnova. – St. Petersburg: Aletheia, 2023. – 500 pp.
12. Law in the cultural dimension: new vectors of development / Ed. ed. V. N. Sinyukova, M. A. Egorova. – Moscow: Prospekt, 2023. – 360 pp.
13. Justice in the modern world / V. M. Lebedev, T. Ya. Khabrieva, A. S. Avtonomov and others; edited by V. M. Lebedeva, T. Ya. Khabrieva. – 2nd ed., add. and processed – M.: Norma, 2018. – 784 p.
14. Reisner M. A. Law and revolution. – Petrograd, 1917. – 32 p.
15. Reshetnikova I.V. Reflecting on legal proceedings: Selected items. – Moscow: Statute, 2019. – 510 p.
16. Ryazanovsky V. A. Unity of the process: Textbook. – M.: OJSC “Publishing House “Gorodets””, 2005. – 80 p.
17. TrueBetskaya N. S. The tops and bottoms of Russian culture // Europe and Eurasia. – M.: Rodina, 2022. – P. 90-108.
18. Foinitsky I. Ya. A course of Russian criminal proceedings, compiled from lectures by professor of St. Petersburg University I. Ya. Foinitsky and published as a guide for students in 1883-1884. – St. Petersburg: published by V. Lesnikov, 1884. – 664 pp.
19. Frolova E. E. Evolution or revolution of civil proceedings: digitalization through the prism of artificial intelligence. Research report: Grant No. NSh-3270.2022.2. Council for Grants of the President of the Russian Federation. 2022.
20. Yablochkov T. M. To the doctrine of the basic principles of civil procedure // Collection of articles on civil and commercial law “In memory of Professor G. F. Shershenevich.” – M., 1915. – P. 275-318.
THEORY OF STATE AND LAW
KULIEVA Aziza Mustafaevna
postgraduate student of the O. E. Kutafin Moscow State Law University (MSAL)
CHALLENGES AND RISKS IN THE PROCESS OF LAW DIGITALIZATION
The article contains an analysis of the problems and risks that society faces in the inevitable process of rapid digitalization of all spheres of life and, in particular, in aspects related to legal regulation. The challenges of the “digital” agenda bring some new difficulties for the state in ensuring constitutional human rights and freedoms. The latest technologies, the storage system for storing huge amounts of information can serve not only as a source of comfort and benefit for the individual, but also pose a threat to the safety of individuals and society. The article examines precedents of using digitalization achievements to commit crimes in foreign countries, and also provides an analysis of the latest international legislation in aspects of regulation the use of digital technologies. The article also proposes some ways of overcoming the risks caused by the transformation of legal regulation.
Keywords: legal gaps, artificial intelligence, security, cyberspace digitalization of law, digital technologies, legal regulation mechanism, UN.
Bibliography
1. Bostrom Nick. Superintelligence: Paths, Dangers, Strategies. – Oxford: Oxford Academ, 2016. – 390 p.
2. Maltsev G. V. Social foundations of law. – M., 2007. – R. 33-34.
3. Khalin V. G., Chernova G. V. Digitalization and its impact on the Russian economy and society: advantages, challenges, threats and risks II Management consulting. – 2018. – No. 10. – P. 43-63.
4. Kornev A. V., Barzilova I. S., Lipen S. V., Tanimov O. V., Shepelev D. V., Arnautova A. A. / System of law and system of legislation: current state and development prospects in the digital era: monograph/pod. Scientific director A. V. Korneva. – Moscow: Prospekt, 2021. – 176 p.
5. Shatkovskaya T. V., Epifanova T. V., Vovchenko N. G. Transformation of the structure of the legal regulation mechanism in the digital economy // Problems of economics and legal practice. – 2018. – No. 3. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/transformatsiya-struktury-mehanizma-pravovogo-regulirovaniya-v-usloviyah-tsifrovoy-ekonomiki (access date: 03/26/2024).
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 (access date: 03.13.2024).
7. Kornev A. V., Barzilova I. S., Lipen S. V., Tanimov O. V., Shepelev D. V., Arnautova A. A. / System of law and system of legislation: current state and development prospects in the digital era: monograph/pod. Scientific director A. V. Korneva. – Moscow: Prospekt, 2021. – 176 p.
8. [Electronic resource]. – Access mode: http://www.kremlin.ru/events/president/transcripts/messages/62582 (access date: 04/10/2024).
THEORY OF STATE AND LAW
MIZIEVA Salima Ismailovna
assistant of Criminal law, process and criminalistics sub-faculty of the Institute of Law, Economics and Finance of the H. M. Berbekov Kabardino-Balkarian State University
THE CONTENT OF LEGAL COORDINATION: THE PROBLEM OF ESTABLISHING
This article contains the author’s approach to establishing the content of coordination activities, the essence of which is positioned as coordinated interaction. The dictionary interpretation of the meaning of the content, its doctrinal study and the author’s own position allowed us to conclude that the content of legal coordination should include structural elements, as well as methods, methods, forms and results. The object of coordination is the relevant activity, the interaction of its subjects (participants), public relations, which include coordination relations, in order to achieve the set goals and obtain the appropriate result. The originality of the subject composition lies in the fact that all subjects, as a rule, are equal, except in cases when one of the subjects of legal coordination, by virtue of a law or regulatory act, heads the coordinating body, is the main , leading subject of the coordination process. The results of coordinating legal activities are manifested and consolidated in normative acts (resolutions, recommendations, protocols, etc.).
Keywords: coordination, legal activity, content, structural elements, methods, methods, form, result.
Bibliographic list of articles
1. Alekseev S. S. Legal means: problem statement, concept, classification //Soviet state and law. – 1987. – No. 6. – P. 12-19.
2. Belyaev V.P., Bidova B.B., Belyaeva G.S. National interests of Russia: monograph. – M.: Yurlitinform, 2023. – 296 p.
3. Belyaeva G.S. On the issue of the essence and system of legal means // Administrative and municipal law. – 2015. – No. 3 (87). – pp. 306-312.
4. Bidova B. B. Legal support of national interests: a general theoretical study of conceptual foundations: Abstract of thesis. dis. … doc. legal Sci. – Grozny, 2021. – P. 29.
5. Vlasenko N. A. Legal means of combating corruption: concept and social role // Legal means of combating corruption: scientific and practical guide / resp. ed. N. A. Vlasenko. – M.: Jurisprudence, 2012. – P. 7-14.
6. Voplenko N. N. Essays on the general theory of law: monograph. – Volgograd: Volgograd Publishing House. state University, 2009. – 898 p.
7. Leonidova T.I. Content of the migration function of the state: theoretical aspects // Second All-Russian Derzhavin Readings: collection of articles. – M., 2007. – Book 1. – P. 208-215.
8. Maksurov A. A. Coordination activities in the legal system of society: Dis. …cand. legal Sci. – Yaroslavl, 2001. – 193 p.
9. Maksurov A. A., Makarov I. I. Coordination in law: monograph. – Yaroslavl: YaF MFYuAYU, 2012. – 320 p.
10. Matuzov N. I. Current problems of the theory of law. – Saratov: SGAP, 2003. – 510 p.
11. Sapun V. A. The theory of legal means and the mechanism for implementing law: abstract. dis. … doc. legal Sci. – N. Novgorod, 2002. – 49 p.
12. Dictionary of the Russian language / Ch. ed. A. P. Evgenieva: In 4 volumes – M.: Rus. lang., 1981-1984. – T. 4. – 750 pp.
13. Tonkov E. E. The creative state as a vector of development of modern Russia: monograph. – M.: Yurlitinform, 2019. – 392 p.
14. Philosophical Encyclopedic Dictionary / Ch. ed. L. F. Ilyichev and others – M.: Sov. encyclopedia, 1983. – 839 pp.
15. Shagiev B.V. Legal activity and its system: monograph. – M.: Yurlitinform, 2014. – 192 p.
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
PLANNING IN THE EARLY YEARS OF THE SOVIET PROSECUTOR’S OFFICE (1922-1925)
The article discusses the issues of planning in the prosecutor’s office in 1922-1925. It has been established that planning is a more succinct word consisting of several stages. The result of planning or its stage was a plan that was not drawn up in the early years of the Prosecutor’s office. The functions of the plan were performed by circulars, orders and circular letters of the People’s Commissariat of Justice, the Department of the Prosecutor’s Office of the Republic (RSFSR), decisions of prosecutors of territories, regions and autonomous republics, cantons and territories equated to them, and party bodies, planned tasks of higher Soviet prosecutor’s offices, etc. They are concerned about the development of the institution of the prosecutor’s office, the creation of new prosecutor’s offices, the inspection of prosecutor’s and investigative sites, etc. If there was a plan, the above solutions complemented it.
Taking into account regional practice, it is concluded that certain planning elements in the prosecutor’s office began to be introduced from the beginning of their activities, i.e. from August-September 1922, and plans were drawn up later – from January 1923.
Keywords: prosecutor’s office, plan, planning, prosecutor’s office of the Mari Autonomous Region, 1922-1925.
Bibliographic list of articles
1. Voevodina T. G. On the issue of legal regulation of the prosecutor’s audit of the implementation of laws // Gaps in Russian legislation. – 2017. – No. 6. – P. 337-339. – EDN YKXHUW.
2. Gavrilov S. O., Raspopin A. V. Problems of the scientific organization of labor in the activities of the Soviet prosecutor’s office in the 1920s // Humanitarian, socio-economic and social sciences. – 2020. – No. 5. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/problemy-nauchnoy-organizatsii-truda-v-deyatelnosti-sovetskoy-prokuratury-v-1920-e-gody (date of access: 09/08/2023).
3. Kozhevnikov M. On carrying out a planned start in the work of the local prosecutor’s office // ECJ. – 1924. – No. 24. – P. 1076-1077. [Electronic resource]. – Access mode: http://elib.uraic.ru/bitstream/123456789/3428/1/sovetskaya_yustitsiya_1924_45.pdf (access date: 11/30/2023).
4. Lagovier N. Planfulness in the work of prosecutorial supervision // ECJ. – 1926. – No. 3. – P. 76-79. [Electronic resource]. – Access mode: http://elib.uraic.ru/bitstream/123456789/3484/1/sovetskaya_yustitsiya_1926_3.pdf (date of access: November 28, 2023).
5. Maksimov V. A. On the issue of organization and methods of planning work in the city prosecutor’s officeode, district // Business in law. – 2008. – No. 3. – P. 191-193. – EDN JWSMIP.
6. Mukhamedov R. A., Chigrin M. V. Staffing of the prosecutor’s office of the Simbirsk (Ulyanovsk) province in 1922-1928 // Scientific dialogue. – 2023. – No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kadrovoe-obespechenie-organov-prokuratury-simbirskoy-ulyanovskoy-gubernii-v-1922-1928-godah (date of access: 12/16/2023).
7. Ozhegov S.I. and Shvedova N.Yu. Explanatory dictionary of the Russian language: 80,000 words and phraseology. expressions / S. I. Ozhegov and N. Yu. Shvedova; Ross. acad. Sci. Institute of Russian language them. V.V. Vinogradova. – 4th ed., add. – Moscow: ITI TECHNOLOGIES LLC, 2003. – 944 p.
8. Popova L.V. Current issues of planning organization in the prosecutor’s office of the Russian Federation. [Electronic resource]. – Access mode: https://www.iuaj.net/node/513 (date of access: 04/17/2024).
9. Prosecutor’s Office of the Republic of Mari El: history and modernity / Comp. Gabdrakhmanov F.V. – Yoshkar-Ola: MRIPP, 2011. – 264 p.
10. Rossolovsky P. A. Planning in the prosecutor’s office: a practical aspect // Journal of Legal and Economic Research. – 2022. – No. 2. – P. 77-82. – DOI 10.26163/GIEF.2022.66.23.013. – EDN KRWTRM.
HISTORY OF STATE AND LAW
MIRKHAYDAROVA Mariya Yurjevna
lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia, major of police
THE HISTORY OF THE FORMATION OF THE PRESENTATION FOR IDENTIFICATION AS AN INVESTIGATIVE ACTION
The article analyzes pre-revolutionary and Soviet legal acts containing norms on such investigative action as presentation for identification. The study of the history of the formation of presentation for identification as an investigative action is an urgent task in the context of the development of criminal procedure law. Understanding the evolution of this investigative action helps to understand how the norms of criminal procedure law were formed, what changes have occurred in approaches to collecting evidence and ensuring legality over time. The study of history helps to avoid repeating mistakes made in the past, allows us to develop more effective strategies for using presentation for identification and modernize legislation taking into account modern challenges and requirements.
Keywords: presentation, identification, persons, criminal proceedings, investigative action, history.
Bibliographic list of articles
1. Volskaya T. A. Procedural and tactical aspects of presentation for identifying persons by voice and speech: dis. …cand. legal Sci. – Voronezh, 2006. – 197 pp.
2. Gerasimenko N. I. Historical development of presentation for identification // Current problems of legal regulation, organization and tactics of investigative actions: collection of scientific works. – Omsk, 2022. – Volume 1. – P. 25-27.
3. Gromov V.I. Inquiry and preliminary investigation: Methodology for investigating crimes: Inspection of the crime scene // Scientific works. – M., 2003. – 198 p.
4. Kalinkina L. D. Practice of presenting a person or object for identification // Modern law. – 2015. – No. 1. – P. 104-112.
5. Samko A.V. On the issue of the formation of presentation for identification as an independent investigative action // Scientific notes of the Tauride National. University named after Vernadsky. – 2012. – No. 1. – P. 317-329.
6. Samoshina Z. G., Krylov V. V. Presentation for identification during investigation: textbook. allowance. – M., 2001. – 389 p.
7. Smirnov A.V., Kalinovsky K.B. Criminal process: a textbook for universities. – St. Petersburg, 2010. – 890 p.
HISTORY OF STATE AND LAW
SERKEROV Samur Elmirovich
Ph.D. in Law, associate professor, Head of Legal disciplines and teaching methods sub-faculty of the R. Gamzatov Dagestan Pedagogical University
PAYZULAEV Alibeg Zalbekovich
postgraduate student of the 1st year of study of the R. Gamzatov Dagestan Pedagogical University
THE GENESIS OF THE INSTITUTE OF LABOR PROTECTION IN RUSSIAN LEGISLATION IN THE 90S OF THE TWENTIETH CENTURY. THEORETICAL AND LEGAL STUDIES
The first remarks on ensuring occupational safety and health are a thing of the past. Despite this, workers still get injuries, quite often fatal accidents while working takes place. The working conditions in which the employee works and their safety are also the basis for the formation of children and others. Based on the historical and legal method, the systematic approach method, the comparative legal method and the method of document analysis, the author examines the history of the formation and development of domestic labor legislation on labor protection.
Keywords: labor protectionn, legislation, labor rights, institute of law.
Bibliographic list of articles
1. Barkhatova Yu. K. Historical stages of development of labor protection in Western Europe // Modern technologies and scientific and technical progress. – 2021. – No. 8. – P. 244-245.
2. Boykov E. A. History of the state administration of labor protection in the Russian Federation // Bulletin of the Voronezh Institute of High Technologies. – 2022. – No. 1. – P. 175-179.
3. Vladimirova G. E. Development of legal regulation of labor protection in the Russian Federation: history and modernity // Legal science. – 2021. – No. 5. – P. 4-8.
4. Govorkova A. A. History of the formation and development of the Institute of Labor Protection in the Russian Federation // Student Bulletin. – 2020. – No. 1-3. – pp. 43-46.
5. Sopshina N.V. Development of labor protection: history and modernity // Young scientist. – 2022. – No. 15. – P. 295-298.
HISTORY OF STATE AND LAW
FURMAN Tatyana Gennadjevna
Ph.D. in cultural studies, associate professor, associate professor of Administrative law sub-faculty of the North-Western Institute of Management of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation
THE FORMATION OF MODERN POLITICAL AND LEGAL CULTURE IN RUSSIA
The article examines the problem and prerequisites for the formation and development of state policy in the field of political and legal culture; socio-legal and cultural regulators of public life are explored; analyzes problems related to public administration in the field of culture, such as the political use of culture and restrictions on freedom of expression; within the framework of the study, law is correlated with a transcendental approach to the knowledge of social life, which involves treating a person as a valuable individual.
Keywords: historical consciousness, historical thinking, public administration, socio-legal and cultural regulators, society, personality, state, freedom, law, rule of law, public policy, cultural sphere, national identity , cultural sovereignty, cultural policy, cultural and traditional values, patriotism, independence, responsibility.
Bibliographic list of articles
1. Avakyan S. A. Constitutional theory and practice of public power: patterns and deviations // Constitutional and municipal law. 2015. No. 10. P. 3-11.
2. Artyukhov A.V. Criminalization of modern Russian society: sociocultural analysis: dis. …cand. legal Sci. Rostov-on-Don, 2003. 253 pp.
3. Basalaeva O. G. Fundamentals of the state cultural policy of the Russian Federation. 2nd ed. M.: Yurayt, 2022.
4. Bikmetov E. Yu., Lukyanov A. V., Pushkareva M. A. Interpretation of property in socio-political concepts of I.G. Fichte and I. Kant // Kant. 2019. No. 2 (31). pp. 167-171.
5. Bobrova N. A. The foundation of a new scientific school has been laid: review of the monograph: Umnova-Konyukhova I. A. Constitutional futuristic law and constitutional futurology in the twenty-first century. Moscow: Rusigns, 2021. 286 pp.
6. Gayazov A. S. Formation of a citizen: theory, practice, problems. Chelyabinsk: Publishing house of the Chelyabinsk State Pedagogical University “Fakel”, 1995. 242 pp.
7. Hegel G. V. F. Philosophy of Law. M.: Mysl, 1990. 524 pp.
8. Ikonnikova G.I., Lyashenko V.P. Philosophy of Law. M.: Yurayt, 2012. 364 pp.
9. Kamenets A.V. Fundamentals of cultural policy. M.: Yurayt, 2023. 180 pp.
10. Marx K., Engels F. Soch. 2nd ed. T. 21. M.: State Publishing House of Political Literature, 1961. 745 pp.
11. Pronin A. A. Legal regulation in the sphere of culture. M.: Yurayt, 2022. 169 pp.
12. Razbegaev P.V. Patriotism as a key factor in education: normative and legal aspect. The world of science, culture, education. 2021. No. 5 (90). pp. 148-150.
13. Cohen S. F. Failed Crusade: America and the Tragedy of Post-Communist Russia. N.Y.: W.W. Norton, 2001. P. 135-171.
14. Lieven A. Chechnya: Tombstone of Russian Power. New Haven: CT: Yale University Press, 1999. P. 147-300.
15. Reddaway P., Glinski D. The Tragedy of Russia’s Reforms: Market Bolshevism against Democracy. Washington, D.C.: US Institute of Peace Press, 2000. 745 p.
HISTORY OF STATE AND LAW
FURMAN Felix Pavlovich
Ph.D. in philosophical sciences, professor of Social sciences of the North-Western Institute of Management of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation
POLITICAL, LEGAL AND IDEOLOGICAL DIFFERENCES BETWEEN EARLY MARXISTS AND POPULISTS
The article is devoted to the study of the historical heritage of domestic non-statist social thought. The author of thearticle, having studied program documents, letters and memoirs of public figures in Russia, determines the specifics of the development of Russian statehood in the crisis situation of the twentieth century; examines the parallels between the populist and Marxist political traditions; the similarities between both of these traditions are examined in detail, including the special role of the state, its ability to use socialist (more precisely, anti-bourgeois) slogans for camouflage, the weakness of the bourgeois and democratic social strata, and the political passivity of the intelligentsia; special attention is paid to the origins of these traditions, which initially did not boil down to simple borrowing, although later they adopted a lot from each other’s experience; considers how Russian Marxists, in order to seize power in the country, promised to implement the agrarian and political programs of the populists; determines that the development of the Russian state has always been determined by solving the problem of interaction between the state and the people; analyzes how political changes in Russian society successfully reproduce previous principles of management; studies the historical experience of building interactions between the state, the center of political power and the people.
Keywords: populism, state, right, law, legality, justice, revolution, Bolshevism, community, Marxism, federation.
Bibliographic list of articles
1. Blokhin V.V. Conservative populism – utopia or not? // Russian history. 2022. No. 1. P. 24-28.
2. Vdovin A.I. USSR. History of a great power. 1922-1991. M., 2018. 484 p.
3. Vernadsky G.V. (1887-1973). The outline of Russian history: With appendix. “Geopolitical notes on Russian history” by P. N. Savitsky. Prague, 1927. Part 1. 890 p.
4. Volodin A.I., Itenberg B.S. The legacy of P. L. Lavrov in the ideological struggle of the 1920s. // National history. 1993. No. 5. P. 229-236.
5. Gessen V. M. Revival of natural law. St. Petersburg, 1992. 410 pp.
6. Grosul V. Ya. Education of the USSR (1917-1924) / All-Russian public organization “Russian scientists of socialist orientation”. M., 2012. 310 pp.
7. Kalinovsky V.V., Samylovskaya E.A. At the head of the Russian Slavic movement // Russian history. 2022. No. 3. P. 41-49.
8. Karnishin V. Yu. Zigzags of the fate of one of the “amazing people” // Russian history. 2022. No. 1. P. 15-26.
9. Kistyakovsky B. A. Philosophy and sociology of law. St. Petersburg, 1998. 410 p.
10. Kolerov M. A. From Marxism to idealism and the church. (1897-1927). M.: Publication of the bookstore “Tsiolkovsky”, 2017. 610 pp.
11. Kolerov M. A. Petr Struve. Revolutionary without the masses 1870-1918. M.: Publication of the bookstore “Tsiolkovsky”, 2020. 448 p.
12. Kononenko A. A. German historiography of the Socialist Revolutionary Party // Bulletin of Tomsk State University. 2016. No. 406. pp. 55-63.
13. Liu Juan. Historical essay on the study of V. I. Lenin’s sociological thought in China // Questions of history. 2022. No. 7. pp. 24-33.
14. Mironov B. N. From indigenization to sovereignization: how the disintegration of the USSR was prepared // Russian history. 2021. No. 6. pp. 41-54.
15. Mokshin G.N. What is populism? Materials for the discussion // Bulletin of the Surgut State Pedagogical University. 2020. No. 3(66). pp. 81-92.
16. Novgorodtsev P.I. On the social ideal. M., 1991. 328 p.
17. Obolonsky A.V. Drama of Russian political history: system versus personality. M., 1994. 380 p.
18. Osipov I. D. Philosophy of Russian liberalism (XIX – early XX centuries). St. Petersburg: SPbU, 1996. 298 p.
19. Pirumova N. M. Social doctrine of M. A. Bakunin. M., 1990. 460 p.
20. Letter from M. A. Bakunin to an unknown person // Bygone. 1906. No. 8. P.14-17.
21. Problems of idealism [1902]: Collection of articles. M.: Modest Kolerov, 2018. 702 pp.
22. Svatikov S. G. N. D. Nozhin // Voice of the past. 1914. No. 10. P. 29-34.
23. Serno-Solovyevich N. A. Journalism. Letters. M., 1963. 204 p. (23)
24. Steklov Yu. M. M. A. Bakunin. His life and work (1814-1876): in 3 hours. Part 1: 1814-1861. M., 1926. 512 p.
25. Sukhotina L. G. Prophecy of M. A. Bakunin // Bulletin of the USSR Academy of Sciences. 1991. No. 5. P. 41-44.
26. Chemshit A. A., Skrebets E. V., Matveeva Ya. V. The phenomenon of the Russian imperial idea: modern domestic historiography // Questions of history. 2022. No. 2-1. pp. 117-124.
27. Shelokhaev V.V. The main factor in the collapse of the Russian and Soviet empires. Thousand-year history of Russia: problems, contradictions and development prospects M., 2004. 520 pp.
HISTORY OF STATE AND LAW
MANAEVA Elena Konstantinovna
adjunct of the Academy of Management of the MIA of Russia
THE HISTORICAL POLICY OF RUSSIA IN THE ERA OF ENLIGHTENED ABSOLUTISM (THE SECOND HALF OF THE XVIII – EARLY XIX CENTURY)
The article examines the historical policy of Russia in the era of enlightened absolutism, a period marked by attempts to combine monarchical power with the ideals of Enlightenment. Under Catherine II and Alexander I Russia received significant political, social and cultural transformations. This study analyzes the features of enlightened absolutism in Russia, its influence on the historical policy of the state.
Keywords: Russia, enlightened absolutism, Catherine the Great, Alexander I, reform, historical politics, national identity.
Bibliographic list of articles
1. Empress Catherine the Second // Science is life! – 2003. – No. 2. Collection of scientific and educational articles, notes and publications. [Electronic resource]. – Access mode: http://nauka.relis.ru/10/0303/10303086.htm.
2. Pavlenko N. I. Catherine the Great. – Moscow, 2006. – P. 45-63.
3. Catherine II the Great – Man and History. Archives. [Electronic resource]. – Access mode: http://historical-persons.ru
4. Sakharov A. N. Alexander I. – M.: Nauka, 1998. Library of the Rose of the World. [Electronic resource]. – Access mode: http://rozamira.org.
5. Manifesto “On the accession to the Throne of Emperor Alexander I,” 1801. Russian legal portal: Pashkov Library. [Electronic resource]. – Access mode: https://constitutions.ru/?p=21114.
6. Zhirkov G. V. The first censorship charter (1804): illusions and practice, 2001. Zhirkov G. V. History of censorship. Section I. [Electronic resource]. – Access mode: http://narod.ru.
HISTORY OF STATE AND LAW
TUPIKINA Ekaterina Alexeevna
adjunct of the 1st course of the St. Petersburg Military Order of Zhukov Institute of the National Guard of the Russian Federation
DEVELOPMENT OF LEGISLATION ON CONCILIATION PROCEDURES, TAKING INTO ACCOUNT THE EXPERIENCE OF FOREIGN COUNTRIES
Today there are needs to relieve the Russian judicial system by developing the institution of mediation, and practical problems arise due to shortcomings and contradictions in legislative regulation: this is a low awareness of the population regarding the procedure, its high cost. The article compares the legislative regulation of mediation procedures in the United States and Italy regarding the requirements for mediators, the financing of mediation procedures, regarding mandatory mediation applied to certain categories of disputes, as well as the possibility of reception (assimilation) and use of certain provisions and their application in Russian legislation on mediation.
The task of the state, the professional community of mediators and scientists is to substantiate the expediency and necessity of using the mediation procedure and ensure its effectiveness in solving the problems of both the judicial community and civil society as a whole.
Keywords: mediation, conciliation procedures, alternative dispute resolution methods, institute of reconciliation.
Bibliographic list of articles
1. Vershinina E. V., Konovalov D. V., Novikov V. S., Khokhlacheva S. V. The concept and types of mediation in legislation and legal doctrine. – 2020. – No. 6. – P. 154.
2. Tsukarev A. E. Problems and prospects of mediation in Russia // E-Scio Scientific journal on the topic: Other natural and exact sciences, Economics and business, Educational sciences, Sociological sciences, Law. – 2021.
3. Tsukarev A.E. Problems and prospects of mediation in Russia // E-Scio. – 2021. – No. 2 (53). – P. 17.
CONSTITUTIONAL LAW
AKHMEDOV Said Mirzoevich
magister student of the 2nd year of study of the full-time student of the Institute of Law of the Dagestan State University, Makhachkala
SAYBULAEVA Saida Akhmedovna
Ph.D. in Law, associate professor of Constitutional and international law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
LEGAL PROPERTIES OF THE CONSTITUTION OF THE RUSSIAN FEDERATION
The scientific article analyzes the legal properties of the Constitution of the Russian Federation, considering them in the context of the modern legal system of the country. The article discusses the basic principles of the supremacy and supreme legal force of the Constitution, its role as the core of the legal system, the specifics of legal protection and the procedure for amendment. The authors emphasize the importance of the Constitution in ensuring stability, legality and protection of citizens’ rights and freedoms. The study concludes that the Constitution plays a key role in the organization of government and law and order in Russia.
Keywords: Constitution, Russian Federation, legal properties, supremacy, supreme legal force, legal protection, change, law and order.
Bibliographic list of articles
1. Egoraeva P. V. On the issue of the essence and legal properties of the constitution // Current issues of scientific research: materials of the International (correspondence) scientific and practical conference, Dushanbe, November 23, 2022. – Neftekamsk: Scientific Publishing Center “World of Science” (IP Vostretsov Alexander Ilyich), 2022. – P. 67-73.
2. Tokaeva Z. Kh. Legal properties of constitutions and charters of the constituent entities of the Russian Federation as systemic integrity // State and law in a civil society: collection of articles of the International Scientific and Practical Conference: at 2 o’clock, Penza, June 13, 2017. Volume Part 2. – Penza: Limited Liability Company “Aeterna”, 2017. – P. 131-137.
3. Taeva N. E. Law of the Russian Federation on an amendment to the Constitution of the Russian Federation: the evolution of legal properties // State and Law. – 2021. – No. 2. – P. 7-15.
4. Fomina V.I. Legal properties of the Constitution of the Russian Federation, their implementation // NovaUm.Ru. – 2017. – No. 10. – P. 285-287.
CONSTITUTIONAL LAW
IBAEV Rustam Kamilovich
associate professor of Criminal law and public law disciplines sub-faculty of the Dagestan State University of National Economy, Makhachkala
KHANMURZAEV Rashid Вagavdinovich
senior lecturer of Criminal law and public law disciplines sub-faculty of the Dagestan State University of National Economy, Makhachkala
THE PLACE OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION IN THE JUDICIAL POWER OF THE RUSSIAN FEDERATION
This article is devoted to the analysis of the role of the Constitutional Court in the system of separation of powers. The paper examines the main functions of the Constitutional Court, its influence on the legislative, executive and judicial branches of government, as well as mechanisms to ensure the constitutionality of the actions of state bodies. The decisions of the Constitutional Court are becoming exemplary for the interpretation of the Constitution of the Russian Federation, both by judicial authorities and state bodies. Examples from various countries with developed democratic systems are analyzed. The mechanisms of judicial control over compliance with laws and citizens’ rights also include control over the actions of executive authorities. The importance of the independence of the courts in Russia is the main condition for building a right-wing state and ensuring the effectiveness of the judicial system.
Keywords: Constitutional Court, separation of powers, constitutionality, legislative power, executive power, judicial power, legal system, democracy.
Bibliographic list of articles
1. Constitution of the Russian Federation of 1993 (Adopted by popular vote on December 12, 1993, with amendments approved during the all-Russian vote on July 1, 2020). – M.: “Code”. – P. 6.
2. Avakyan S. A. Constitutional lexicon: State-legal terminological dictionary. – M.: Justitsinform, 2015. – P. 47.
3. Afanasyeva O. V., Kolesnikov E. V., Komkova G. N. Constitutional law of foreign countries: a textbook for universities. – 8th ed., revised. and additional – M.: Yurayt Publishing House, 2024. – 406 p.
4. Bezrukov A.V. Constitutional law of Russia: textbook. 3rd ed., revised. and additional – M.: Justitsinform, 2015. – P. 51.
5. Dzidzoev R. M., Kovtun O. A. Constitutional law of the Russian Federation. – Maykop: ElIT, 2022. – 582 pp.
6. Safonov V. E., Miryasheva E. V. Constitutional law of foreign countries. General part: textbook for bachelors. – M.: Yurayt Publishing House, 2015. – 351 p.
CONSTITUTIONAL LAW
ZHIVODROVA Svetlana Anatoljevna
Ph.D. in historical sciences, associate professor of Management and public administration sub-faculty of the Penza State University
ZHIVODROVA Nadezhda Anatoljevna
Ph.D. in Law, associate professor of Criminal law sub-faculty of the Penza State University
FEATURES OF COMBATING CORRUPTION IN PUBLIC SERVICE IN FOREIGN COUNTRIES, USING THE EXAMPLE OF THE UNITED ARAB EMIRATES
The article is devoted to the study of an urgent problem – combating corruption, which is typical for any state. The content of regulatory legal acts aimed at combating corruption in the public service in the UAE is analyzed, official crimes of a corrupt nature, such as bribery in the public and private sectors, as well as abuse of due authority are presented. It is concluded that, despite the limited range of regulatory legal acts in the civil service, the country occupies high positions in the world ranking.
Keywords: corruption, public service, regulatory legal acts, anti-corruption measures, crimes of a corrupt nature, penalties.
Bibliographic list of articles
1. Al-Baiti Mukhtar Avad Abdulla Problems of subjective characteristics of a crime in Muslim criminal law: dissertation … candidate of legal sciences: 12.00.08 / Al-Baiti Mukhtar Avad Abdulla. – Makhachkala, 2014. – 160 pp.
2. HSE Anti-Corruption Portal. 2023. [Electronic resource]. – Access mode: https://anticor.hse.ru/main/country/United_Arab_Emirates (access date: 02/18/2024).
3. Egorin A. Z., Isaev V. A. United Arab Emirates. – M., 1997. – 320 p.
4. Filonik A. O., Baturina V. N. The Arab world against corruption // Asia and Africa today. – 2021. – No. 5. [Electronic resource]. – Access mode: https://asaf-today.ru/s032150750015021-5-1/ (date of access: 03/11/2024).
CONSTITUTIONAL LAW
KAZIMAGOMEDOV Kadichaga Shirinbegovich
magister student of the 2nd course of Constitutional and International law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
RAMAZANOVA Elvira Tazhutdinovna
Ph.D. in Law, associate professor of Constitutional and international law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
TERRITORIAL PUBLIC SELF-GOVERNMENT AS A FORM OF DIRECT DEMOCRACY
The article reveals the peculiarities of the formation and development of territorial self-government bodies as a form of direct democracy. In turn, it is emphasized that the latter acts as a bulwark of the will of the people. The opinions of some authors are being investigated. The experience of CBT development in the Republic of Dagestan and the problems of their functioning are touched upon. The work reflects empirical data. The ways of improving the effective functioning of CBT in the republic and, in Russia, as a whole are stated. At the end of the study, the conclusions are presented, which emphasize the positivity of the stated proposals.
Keywords: democracy, population, society, state, local budget, citizens, municipality, state bodies.
Bibliographic list of articles
1. Association of Territorial Public Self-Governments of the Republic of Dagestan. [Electronic resource]. – Access mode: https://www.audit-it.ru/ (date of access: 03/20/2024).
2. Vasilenko I. A. Political science: textbook. 3rd ed., revised. and additional – M.: Yurayt; Publishing House Jurayt, 2011. – 421 pp.
3. Results of the activities of TPS bodies in the Republic of Dagestan for 2023. [Electronic resource]. – Access mode: https://active-city.org/news/itogi-raboty-organov-tos-za-2023-god? (date of access: 03/20/2024).
4. Conditions for territorial public self-government in Russian regions. [Electronic resource]. – Access mode: https://grans.hse.ru. (date of access: 03/20/2024).
5. Shugrina E. S. Territorial public self-government on the map of Russia // Russian municipal practice. – 2019. – No. 02 (80). – pp. 20-27.
CONSTITUTIONAL LAW
KLIMOVA Olesya Valerjevna
Ph.D. in Law, associate professor of State and legal disciplines sub-faculty of the Far Eastern Branch of the Russian State University of Justice, Khabarovsk
ILYINYKH Alexander Vladimirovich
senior lecturer of the Higher School of Public Law of the Pacific State University, Khabarovsk
CONSTITUTIONAL REFORM 2020: ANALYSIS OF INDIVIDUAL AMENDMENTS TO THE CONSTITUTION OF THE RUSSIAN FEDERATION
The authors of this article consider a number of amendments to the Constitution of the Russian Federation adopted in 2020. Based on the research conducted, it is concluded that all these changes contribute to strengthening state integrity and sovereignty, and have a positive impact on the prospects for state-building in Russia. At the same time, it is necessary to bring Russian legislation into line with the updated text of the Constitution of the Russian Federation and create an effective mechanism for the implementation of new constitutional norms in law enforcement practice. The authors present proposals for amendments to the legislation of the Russian Federation, contributing to the solution of these tasks.
Keywords: Constitution of the Russian Federation, amendments, state integrity, national security, state building, Russian statehood, society
Bibliographic list of articles
1. On the Government of the Russian Federation: Federal Constitutional Law of November 6, 2020 No. 4-FKZ // SZ RF. 2020. No. 45. Art. 7061.
2. On the Constitutional Court of the Russian Federation: Federal Constitutional Law of July 21, 1994, No. 1-FKZ (as amended on July 29, 2018) // SZ RF. 1994. No. 13. Art. 1447; 2018. No. 31. Art. 4811.
3. On the general principles of the organization of legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation: Federal Law of October 6, 1999 No. 184-FZ // SZ RF. 1999. No. 42. Art. 5005 (repealed).
4. On the Government of the Russian Federation: Federal Constitutional Law of December 17, 1997 No. 2-FKZ (as amended on December 28, 2016) // SZ RF. 1997. No. 51. Art. 5712; 2017. No. 1 (Part I). Art. 3. (lost force).
5. Address of the President of the Russian Federation to the Federal Assembly dated January 15, 2020 // Parliamentary newspaper. 2020. No. 2. January 17-23.
6. Message of the President of the Russian Federation to the Federal Assembly of December 12, 2013 / Rossiyskaya Gazeta. 2013. December 13.
7. Avakyan S. A. Is constitutional reform necessary in Russia? // Constitutional and municipal law. 2012. No. 9. P. 2-9.
8. Vydrin I.V. Features of the Constitution – a category of science of constitutional law // Constitutional and municipal law. 2019. No. 11. P. 9-14.
9. Morozov A. N. Constitutional reflection of generally recognized principles and norms of international law // Journal of Russian Law. 2018. No. 7. P. 33-45.
10. Shakhrai S. M. On the creative potential of the current Constitution of the Russian Federation // Citizen. Elections. Power. 2014. No. 1. P. 3-31.
CONSTITUTIONAL LAW
PIDUROV Temir Lachinovich
magister student of Constitutional and International law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
RAMAZANOVA Elvira Tazhutdinovna
Ph.D. in Law, associate professor of Constitutional and international law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
PRIVACY AS A REPRODUCTIVE RIGHT
In this article, the authors consider the legal nature of privacy as a key reproductive entitlement. The analysis of doctrinal sources and current legislation has been carried out, problems existing in the understanding and interpretation of the right to privacy have been identified. The author’s definition of the right to privacy is proposed, and the conclusion is debated that there is no expediency of legislating the definition of “private life”. In addition, the article reflects some aspects of the problem of ensuring privacy against the background of the development of biomedicine and genetic engineering.
Keywords: reproductive rights, privacy, constitutional and legal status, medical law, motherhood, fatherhood, reproductive technologies.
Bibliographic list of articles
1. Stankevich G.V., Yablonskaya A.A. Reproductive rights of citizens: content and implementation // Economics. Right. Society. – 2022. – T. 7. No. 4 (32). – pp. 47-52.
2. Fokina E. M. Reproductive human rights as an emerging generation of human rights in international practice and Russian legislation // Society, law, personality. Methodological and applied problems: genesis, modernity and future: Collection of articles of the International Scientific and Practical Conference, 2017. – pp. 56-58.
3. Kozheurova O. B. Human reproductive rights in modern Russia // Almanac of modern science and education. – 2009. – No. 1-1. – pp. 86-87.
4. Yurista A.V., Fel S.N., Boeva O.I. Modern aspects of the protection of reproductive human rights // Young science: collection of scientific papers of a scientific-practical conference for students and young scientists, 2016. – P. 292- 294.
5. Pirozhkova I. G., Pominova I. V. International standards and definition of reproductive rights: the problem of uncertainty in the domestic legal order // Medicine. – 2022. – T. 10. No. 1 (37). – pp. 50-59.
6. Golendyaev D.V. The essence and normative content of the right to privacy // Law enforcement in public and private law: Proceedings of the International Scientific and Practical Conference, 2018. – P. 58.
7. Ushakov D.N. Explanatory dictionary. [Electronic resource]. – Access mode: https://ushakovdictionary.ru/ (date of access: 02.19.2024).
8. Ivansky V. P. Phenomenology of the right to privacy in the postmodern era: philosophical and legal aspects // Bulletin of RUDN University. – 2011. – No. 3. – P. 48-49.
9. Mankevich I. A. Private life of a genius as a subject of cultural studies // Questions of cultural studies. – 2009. – No. 4. – P. 83-87.
10. Smolkova I. V. Problems of secrets protected by law in criminal proceedings: specialty 12.00.09 “Criminal procedure, criminology; operational-search activity” dissertation for the degree of Doctor of Law. – Irkutsk, 1998. – 404 p.
11. Romanovsky B. G. Constitutional right to privacy in the context of the development of genomic medicine // Constitutional and municipal law. – 2023. – No. 5. – 312 pp.
CONSTITUTIONAL LAW
ALEKHIN Timofey Olegovich
postgraduate student of the 2nd year of study of the Department of Economics, Management and Law of the Moscow City Pedagogical University
CULTURAL HUMAN RIGHTS IN THE CONSTITUTIONS OF RUSSIA AND INDIA: A COMPARATIVE REVIEW
The article considers the Constitutions of Russia and India, includes issues related to constitutional legislation in the field of culture and cultural cooperation. Human rights and ensuring the protection of these rights by the norms of the constitution are considered. The article also considers the issues of cultural policy of India and Russia and their development.
Keywords: constitutional rights of citizens, education, science, cultural rights, constitutions of modern states, intercultural dialogue between India and Russia, cultural values, protection of constitutional rights.
Bibliographic list of articles
1. Avakyan S. A. Main trends in the modern development of constitutional law // Constitutional law: results of development, problems and prospects: collection. materials international scientific conf / Rep. ed. S. A. Avakyan. M.: RG-Press, 2017. P. 14.
2. Alekhin T. O. Constitutional human rights in the field of culture // Issues of Russian and international law. 2023. Volume 13. No. 7A. pp. 166-173. DOI: 10.34670/AR.2023.39.50.045
3. Zaikin V.V. Features of the emergence and development of the Indian government (historical and theoretical aspect): abstract of thesis. …cand. legal Sci. Stavropol, 2001. 23 p.
4. Karpeeva S.V. Rights of foreign citizens in India. — Text: immediate // Young scientist. 2021. No. 53 (395). pp. 75-78. – [Electronic resource]. – Access mode: https://moluch.ru/archive/395/87430/ (date of access: 04/12/2024).
5. Nambudiripad E. M. Mahatma Gandhi and Gandhism. M.: Foreign publishing house. lit., 2002.
6. Safarova S. N. India in the context of globalization // Young scientist. 2017. No. 14 (148). pp. 580-581. – EDN YJWSEH.
7. Sadovnikova G.D. Commentary on the Constitution of the Russian Federation, article-by-article. – 12th ed., Spanish. and additional M.: Yurayt Publishing House, 2024. 244 p. (Professional comments). – ISBN 978-5-534-15856-4. – Text: electronic // Educational platform. Yurayt [website]. – [Electronic resource]. – Access mode: (date of access: 04/15/2024).
ADMINISTRATIVE LAW
BARANOVA Svetlana Anatoljevna
Ph.D. in Law, associate professor, associate professor of Constitutional and administrative law sub-faculty of the Baikal State University, Irkutsk
ON THE ISSUE OF ADMINISTRATIVE AND LEGAL GUARANTEES FOR INDIVIDUALS INVOLVED IN MAINTAINING PUBLIC ORDER
The article examines the issue of social guarantees for individuals who contribute to maintaining public order. It analyzes federal and regional laws that regulate the personal insurance of these individuals in case of death or injury during their work. The study identifies relevant trends in providing insurance payments and benefits. The debatable issue of the need to adopt norms of criminal legislation aimed at protecting the life of a national vigilante, a freelance police officer as one of the guarantees of their status has been studied.
Keywords: public order, maintaining public order, national vigilante, guarantees, insurance.
Bibliographic list of articles
1. Bavsun M.V., Stebeneva M.V. Transformation of the personality of a criminal in post-industrial society // All-Russian Journal of Criminology. – 2023. – T. 17. No. 4. – P. 340-351.
2. Erakhmilevich V.V. Some issues of application of criminal legislation for persons participating in the protection of public order as part of the people’s squad // Russian-Asian Legal Journal. – 2023. – No. 1. – P. 9-10.
3. Ragunshtein A.G. Legal status of voluntary people’s squads for the protection of public order (1959-1991) // Historical and legal problems: a new perspective. – 2020. – No. 1. – P. 121-134.
4. Soshin A. A., Samsonov V. A. Features of the application by employees of internal affairs bodies of certain measures to ensure proceedings in cases of administrative offenses // Baikal Research Journal. – 2018. – T. 9. No. 3.
5. Soshin A. A., Yakimova E. M. The role of local police commissioners in countering extremist activities // Baikal Research Journal. – 2022. – T. 13. No. 1.
ADMINISTRATIVE LAW
KADYKOV Alexander Vyacheslavovich
postgraduate student of Public audit sub-faculty of the Higher School of Public Audit (Faculty) of the M. V. Lomonosov Moscow State University
ON THE ISSUE OF THE ADMINISTRATIVE AND LEGAL REGIME FOR REGULATING THE PRODUCTION OF PESTICIDES AND AGROCHEMICALS INTENDED FOR EXPORT
The article examines the legal regulation of the safe handling of pesticides and agrochemicals that are produced on the territory of the Russian Federation for the purpose of subsequent export. An attempt has been made to show that in order to improve the regulation of this area, it is necessary to develop and introduce into the current legislation a special registration procedure for such products, which will significantly change the tax base in the industry.
Keywords: pesticides, agrochemicals, export, safe handling, environmental law, production of pesticides and agrochemicals.
Bibliographic list of articles
1. Brinchuk M. M. Constitutional foundations for the development of environmental law, 2009//Official website of the IGP RAS. [Electronic resource]. – Access mode: www.igpran.ru/public/publiconsite/
2. Nebytov V. G. Legal regulation in the sphere of pesticides management // Bulletin of technospheric safety and rural development. – 2017. – No. 2 (14). – pp. 53-58.
3. Slepenkova O. A., Ageshkina N. A. commentary on the Federal Law of July 19, 1997 No. 109-FZ: (article-by-article): taking into account the latest by-laws “On the safe handling of pesticides and agrochemicals.” – M.: ElKnigi, 2012. – pp. 5-7.
ADMINISTRATIVE LAW
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 (MSLA)
LIVSHITS Sergey Anatoljevich
Ph.D. in medical sciences, associate professor, professor of Medical law sub-faculty of the O. E. Kutafin Moscow State Law University (MSLA), chief physician GBUZ “Noginsk Hospital”
LITVICKIY Kirill Petrovich
GEO “Medical industrial consortium”
LEGAL REGULATION OF ENSURING TECHNOLOGICAL SOVEREIGNTY OF THE RUSSIA PHARMACEUTICAL INDUSTRY
This article discusses issues of ensuring the technological sovereignty of the Russian Federation in the pharmaceutical industry and the state of the modern Russian pharmaceutical market. Availability of necessary medicines to the population is of particular importance for ensuring the necessary quality of life of Russians, therefore, achieving technological sovereignty in the pharmaceutical sector is of great strategic importance both for the growth and development of the economy, and for the successful implementation of the state’s social policy.
The article pays attention to the legal, economic and political aspects of the functioning of the domestic pharmaceutical industry. Based on an assessment of the current state of the Russian pharmaceutical market, the priorities, goals and objectives of the process of achieving technological sovereignty are outlined. The directions for improving the pharmaceutical industry at the level of its development strategy, aimed at ensuring national drug safety in the current market conditions, are considered.
Keywords: pharmaceutical industry, technological sovereignty, segments of the pharmaceutical market, development strategy for the pharmaceutical industry.
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) // Access from SPS Consultant Plus
2. On approval of the Concept of technological sovereignty of Russia for the period until 2030: Order of the Government of the Russian Federation of May 20, 2023 No. 1315-r / Collection of Legislation of the Russian Federation, May 29, 2023 No. 22. Art. 3964 – current edition
3. On approval of the Strategy for the Development of the Pharmaceutical Industry of the Russian Federation for the period until 2030: Order of the Government of the Russian Federation dated 06/07/2023 No. 1495-r // Access from SPS Consultant Plus
4. On approval of methods for calculating indicators of the federal project “Medical Science for Humans”: Order of the Ministry of Health of Russia dated October 26, 2022 No. 700 // LEGALACTS: website. [Electronic resource]. – Access mode: https://legalacts.ru/doc/prikaz-minzdrava-rossii-ot-26102022-n-700-ob-utverzhdenii/?ysclid=lo84s5fqx551884552.
5. Batyrov T. Almost the entire Russian pharmaceutical market may be under threat due to import dependence / FORBES: website. [Electronic resource]. – Access mode: https://www.forbes.ru/biznes/479901-pocti-ves-rossijskij-farmrynok-mozet-okazat-sa-pod-ugrozoj-iz-za-importozavisimosti.
6. Sergeev N. A., Subbotina T. N. Prospects for improving the quality of life of elderly citizens of Russia // Current problems of active longevity and quality of life of elderly people: Sat. scientific Proceedings of the Second Regional Scientific and Practical Conference. – Kaluga, 2020. – pp. 201-206.
7. Subbotina T. N., Vasin T. M. Improving the logistics activities of preenterprises to maintain competitiveness in conditions of strong sanctions restrictions: digitalization of supply chains // Modern Economy Success. – 2022. – No. 3. – P. 103-110.
8. Ministry of Industry and Trade of Russia: official website. [Electronic resource]. – Access mode: https://minpromtorg.gov.ru/
9. Transcript of the plenary meeting of the St. Petersburg International Economic Forum. [Electronic resource]. – Access mode: https://rg.ru/2022/06/17/stenogramma-o-chem-rasskazal-vladimir-putin-na-plenarnom-zasedanii-pmef-2022.html?ysclid=l9lrron136783145146.
10. Pharmaceutical market of Russia. Results 2022: analytical report. [Electronic resource]. – Access mode: https://dsm.ru/
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
THE CONCEPT OF INFORMATION SECURITY OF MINORS
The scientific article emphasizes that currently a significant part of society in the world uses the Internet. Meanwhile, legal norms aimed at protecting minors from the negative impact of information posted on the Internet are being adopted at both the international and national levels. To a large extent, this is dictated by the fact that at an early age a person has mental instability to perceived information from the Internet, which ultimately poses a threat to minors.
It is emphasized that there is no actually legal definition of the term “information security of minors”, but at the same time this concept consists of several words – it is “information security” and “minors”, therefore, some interpretations available at the legislative and doctrinal level regarding information security were analyzed, as well as some judgments of scientists who offer their own vision according to the interpretation of “information security of minors”. As a result, on the basis of all the interpretations analyzed by us, the author’s definition of the phrase “information security of minors” is proposed.
Keywords: minors, information security, information environment, the Internet, destructive information, legal technology.
Bibliographic list of articles
1. Arsentiev M.V. On the issue of the concept of “information security” // Information Society. – 1997. – Issue. 4-6. – pp. 48-50.
2. Budanov S. A. Legal support of information security of minors: abstract. dis. …cand. legal Sci. – Voronezh, 2006. – 24 p.
3. Budanov S. A., Gavrilov S. T. Information security of minors: legal aspect // Territory of Science. – 2015. – P. 165-169.
4. Dzanagova, M.K., Beteeva M.M. Information security of children: concept and principles // Law and state: theory and practice. – 2020. – No. 3 (183). – pp. 273-274.
5. Ivanov S.V. Information security of children (theoretical and legal aspect) // Bulletin of the Catherine Institute. – 2011. – No. 2 (14). – P. 62-66.
6. Kenzhetaev B. E. Information security: concept, essence, content // Bulletin of Toraigyrov University. Humanitarian series. – 2020. – No. 4. – P. 36-45.
7. Kich I. S. Legal technology as an instrument of law-making policy // Current concepts of the development of the humanities and natural sciences: economic, social, philosophical, political, legal, aspects: materials of the international scientific and practical conference. Volume Part 2. – Novosibirsk: Academy of Management, 2016. – P. 102-104.
8. Kolobaeva N. E., Nesmeyanova S. E. Information security of minors and the right to access the Internet // Electronic application to the Russian Legal Journal. – 2020. – No. 6. – P. 14-21.
9. Mironova S. M., Simonova S. S. Protection of the rights and freedoms of minors in the digital space // All-Russian Criminological Journal. – 2020. – Volume 14. No. 2. – pp. 234-241.
10. Simonova S.S. Cybercrime and information security of minors // Problems of legal and technical protection of information. – 2020. – No. 8. – P. 92-96
11. Statev V. Yu., Tinkov V. A. Information security of distributed information systems // Information society. – 1997. – Issue. 1. – pp. 68-71.
12. Tikhomirov Yu. A. Legal technology – a tool for lawmaking and law enforcement // Legal technology. – 2007. – No. 1. – P. 12-15
13. Ursul A.D. Information strategy and security in the concept of sustainable development // Scientific and technical information. Series 1: Organization and methodology of information work. – 1996. – No. 1
14. Feoktistov G. G. Information security of society // Socio-political journal. – 1996. – No. 5. – P. 211-216.
ADMINISTRATIVE LAW
GERA Yuliya Mikhaylovna
adjunct of the Faculty of Training Scientific, Pedagogical and Scientific Personnel of the V. Ya. Kikot Moscow University of the MIA of Russia
THE CONCEPT AND ESSENCE OF DISCRETION IN THE PROCEEDINGS ON ADMINISTRATIVE OFFENSES
This article examines the institution of discretion in administrative proceedings. The relevance of the topic determines the ongoing process of reforming legislation on administrative offenses. This process in this area necessitates the elaboration and consideration of issues related to discretion in the proceedings on administrative offenses. The purpose of the study is to generalize the understanding of the interpretation of the concept of “discretion”, as well as to identify its essence. Scope of application of the results: the results of the research presented in the framework of the article can be applied by applicants entering college at faculties with a legal specialty or students of non-core educational institutions.
Keywords: discretion, discretion, right to choose, freedom of choice.
Bibliographic list of articles
1. Chechot D. M. Administrative justice (theoretical problems). – L., 1973. – P. 68.
2. Komissarov K.I. Judicial discretion in the Soviet civil process // Soviet state and law. – 1969. – No. 4. – P. 50.
3. Antropov V. G. Law enforcement discretion: concept and formation (logical-semantic analysis): abstract. dis. …cand. legal Sci. – Volgograd, 1995. – P. 14.
4. Papkova O. A. Judicial discretion in civil procedural law // Legislation. – 1999. – No. 2. – P. 63-64.
5. Nikitin A. A. Discretion in law and its signs // Bulletin of the Saratov State Law Academy. – 2012. – No. 6 (89). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/usmotrenie-v-prave-i-ego-priznaki/viewer (date of access: 03/12/2024).
6. Tikhomirov Yu. A. Discretion in the focus of law // Laws of Russia: experience, analysis, practice. – M.: Publishing house. House “Bukvoved”. – 2011. – No. 4. – P. 72-75
7. Solovey Yu. P. Discretion in the administrative activities of the Soviet police: dis. …cand. legal Sci. – M., 1982. – P. 20, 192.
8. Girvits A. V. Concept, signs and classification of administrative discretion // Siberian Legal Review. – 2014. – No. 4 (25). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ponyatie-priznaki-i-klassifikatsiya-administrativnogo-usmotreniya/viewer (date of access: 03/12/2024).
9. Chaban E. A. Administrative and jurisdictional discretion at the stage of initiating a case on an administrative offense (part 1) // Bulletin of the Krasnodar University of the Ministry of Internal Affairs of Russia. – 2017. – No. 3 (37). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/administrativno-yurisdiktsionnoe-usmotrenie-na-stadii-vozbuzhdeniya-dela-ob-administrativnom-pravonarushenii-chast-1/viewer (access date: 03/12/2024).
10. Abdrasulov E. B., Mugauova A. I. Some aspects of filling the gap in law through the analogy of law and the analogy of law as components of the interpretation of legal norms // Innovative science. – 2018. – No. 1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/nekotorye-aspekty-vospolneniya-probela-v-prave-cherez-analogiyu-zakona-i-analogiyu-prava-kak-sostavnyh-chastey-tolkovaniya-norm- prava/viewer (date of access: 03/12/2024).
11. Recommendations based on the results of the discussion of the possibility of applying the analogy of the law when considering cases of administrative offenses. Approved at a meeting of the Scientific Advisory Council at the Supreme Court of the Republic of Tatarstan on November 13, 2019 // State automated system of the Russian Federation “Justice”. [Electronic resource]. – Access mode: https://files.sudrf.ru/2658/user/rekomendatsii_po_primeneniyu_analogii_zakona_pri_AP.pdf (date of access: 03/12/2024).
ADMINISTRATIVE LAW
KAN Klim Alexandrovich
postgraduate student of the Faculty of Law of the M. V. Lomonosov Moscow State University, General Director of AMS Group LLC, Moscow
TO THE ISSUE OF DETERMINING THE ESSENCE OF FEDERAL TERRITORY
The article is devoted to the analysis of various approaches to understanding the essence of the federal territory. The author, based on a systematic interpretation of legal norms, formulates a position regarding the determination of the legal nature of the federal territory as a public legal entity and the place of its bodies in the system of public power of the Russian Federation. According to the author, the federal territory is a part of the subject of the Russian Federation. At the same time, the powers of the subject of the Russian Federation on federal territory are significantly limited. Thus, the author concludes that the federal territory is a special public legal entity, derived from federal legislation and, at the same time, endowed with a wide range of powers of regional and municipal authorities.
Keywords: federal territory, public authority, public administration.
Bibliographic list of articles
1. Zernov I.V. Constitutional features of the status of the federal territory: questions of theory and practice // Prologue: a magazine about law. – 2021. – No. 1. – P. 14-23.
2. Mayboroda V. A. Urban planning regulation of the development of the federal territory // Theoretical and applied jurisprudence. – 2020. – No. 4. – pp. 55-59.
3. Mayboroda V. A. Federal territory as a new subject of law: theoretical and legal research: dis. … doc. legal Sci. – M., 2023. – 346 pp.
4. Peshin N. L. Correlation of administrative-legal and municipal-legal elements of the status of the federal territory // Constitutional and municipal law. – 2022. – No. 5. – P. 62-67.
5. Sibileva A. Yu. On the issue of the legal status of federal territories // Scientific notes of the Crimean Federal University named after V. I. Vernadsky. Legal sciences. – 2020. – T. 6. No. 3. – P. 49-56.
ADMINISTRATIVE LAW
KURASHOVA Mariya Mikhaylovna
adjunct of the Voronezh Institute of the MIA of Russia
CHACHKHIANI Maxim Nikolaevich
adjunct of the Voronezh Institute of the MIA of Russia
PROBLEMS OF IMPLEMENTING THE CONCEPT OF “GOOD GOVERNANCE” IN THE RUSSIAN FEDERATION: REALITY AND PROSPECTS
In this article, the authors examine the concept of “good governance” as a system of universal principles for the implementation of executive power. In the course of analyzing the legal framework of the concept under consideration both in the domestic legal system and in foreign countries, as well as the works of administrative scientists, the authors identified a number of problems associated with its implementation in the rapidly developing legal reality of the Russian Federation. The authors pay special attention to the development of a model of a standard for the implementation of administrative procedures as one of the tools for effectively introducing the concept of “good governance” into the already established system of exercising public power.
Keywords: “good governance”, universal principle, legality, public authority, administrative procedure, legal standard, powers
Bibliographic list of articles
1. Sakhanova A. N. New paradigm of public administration “Good Governance”: the example of Japan as a prospect for the CIS countries. – text: electronic // Management in Russia and abroad. – 2014. – No. 1. – [Electronic resource]. – Access mode: http://www.mevriz.ru/articles/2014/1/1141.html (access date: 03/28/2024).
2. Davydov, K. V. Administrative procedures: the concept of legal regulation: dis. … doc. legal Sciences: 12.00.14. – Nizhny Novgorod, 2020. – 655 p. – Text: direct.
3. General administrative law: textbook: in 2 hours – Part 2: Administrative tort law (Administrative Code of the Russian Federation). Administrative legal proceedings (CAS RF) / Ed. Yu. N. Starilova; Voronezh State University. – 2nd ed., revision. and additional – Voronezh: VSU Publishing House, 2017. – Part 2. – 822 p. – ISBN 978-5-9273-2253-4. – Text: direct.
4. Khamedov I. A., Khvan L. B., Tsai I. M. Administrative law of the Republic of Uzbekistan. General part: textbook for universities // University of World Economy and Diplomacy, Tashkent State University. legal institute – Tashkent: Konsauditinform-Nashr, 2012. – 591 p. – ISBN 978-9943-311-22-0. – Text: direct
CIVIL LAW
GAYBATOVA Kuruma Daudovna
Ph.D. in Law, associate professor of Civil law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
MUSTAFAEV Dzhabrail Shamilevich
magister student of the 1st year of study under the program “Actual problems of civil law” of the Institute of Law of the Dagestan State University, Makhachkala
INHERITANCE AGREEMENT IN THE RUSSIAN LEGAL SYSTEM
This article is devoted to the study of a new basis for inheritance – an inheritance agreement, which appeared in the Russian Civil Code after the adoption of Federal Law No. 217-FZ of July 19, 2018 “On Amendments to Article 256 of Part One and Part Three of the Civil Code of the Russian Federation.” The article analyzes the main provisions of the designated institution in Russian and foreign law. The main approaches to defining the concept of an inheritance contract are considered. An attempt has been made to assess the significance, relevance and consequences of the introduction of an inheritance agreement into the domestic legal system. Attention is also paid to existing problems and shortcomings in the area under study and ways to solve them are proposed.
Keywords: inheritance law, inheritance contract, inheritance relations, grounds for inheritance.
Bibliographic list of articles
1. Explanatory note to the draft Federal Law No. 801269-6 “On introducing amendments to parts one, two and three of the Civil Code of the Russian Federation, as well as to certain legislative acts of the Russian Federation” // SOZD GAS “Legislation”. [Electronic resource]. – Access mode: https://sozd.duma.gov.ru/bill/801269-6 (date of access: 04/04/2024).
2. Rybakova S. A. History of the origin and formation of inheritance law in Russia. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/istoriya-zarozhdeniya-i-stanovleniya-nasledstvennogo-prava-v rossii (date of access: 04.04.2024).
3. Krasheninnikov P.V. Inheritance law (including inheritance funds, inheritance agreements and modern wills). 4th ed., revised. and additional – M., 2019.
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
SOME ASPECTS OF THE LEGAL REGULATION OF THE PLEDGE OF EXCLUSIVE RIGHTS
The article examines theoretical and practical issues related to the pledge of exclusive rights. The current norms of the current legislation and doctrinal provisions on this type of pledge are considered. The article identifies and assesses the risks of pledging exclusive rights that arise in the legal and economic sphere. The article proposes measures to minimize the identified risks through the rules of the pledge agreement, which the parties can provide for by the pledgor and pledges. In addition, the author makes proposals to change the current legislation regarding the rights of pledge holders under a pledge agreement, which, in the author’s opinion, would contribute to the practical implementation of the pledge of intellectual rights.
Keywords: pledge, intellectual rights, exclusive rights, legal risks, pledgor, pledgee.
Bibliographic list of articles
1. Gorinenko V. Pledge by force of law when financing the targeted acquisition of movable property. Why is it not in domestic legislation and is the analogy of the law applicable here? – [Electronic resource]. – Access mode: https://zakon.ru/blog/2021/12/23/zalog_v_silu_zakona_pri_finansirovanii_celevogo_priobreteniya_dvizhimogo_imuschestva_pochemu_ego_net (date of access: 04/05/2024).
2. Ekimova V. S. Pledge of exclusive rights – an opportunity for development. Law of the future: Intellectual property, innovation, Internet: Yearbook. Vol. 1 (edited by E. G. Afanasyeva) / RAS. INION. Center. social scientific information research Dept. jurisprudence; Caf. business law of Moscow State University. M. V. Lomonosova, 2018. – P. 117-121.
3. Pledge of intellectual property: a new opportunity for an investor? – [Electronic resource]. – Access mode: https://finance.rambler.ru/other/44901935-zalog-intellektualnoy-sobstvennosti-novaya-vozmozhnost-dlya-investora/ (date of access: 04/04/2024).
4. Mamadzhanov Kh. A., Perepechko O. V. Intellectual property as a subject of pledge. Problems and proposals // Property relations in the Russian Federation. – 2017. – No. 12. – P. 21-35.
5. Maslenkova O. F. Pledge of exclusive rights to intellectual property in Russia: current scientific and practical commentary on law enforcement // Bulletin of St. Petersburg University. Right. – 2017. – T. 8. Issue. 1. – pp. 108-119.
6. Medvedev S.V. Pledge of exclusive rights: why register, what risks are there and how to minimize them. – [Electronic resource]. – Access mode: https://www.gorodissky.ru/publications/articles/zalog-isklyuchitelnykh-prav-zachem-registrirovat-kakie-est-riski-i-kak-ikh-minimizirovat/
7. Ostapova E. A. Division of transactions into obligatory and administrative: prospects for legislative reinforcement // Scientific notes of the Crimean Federal University named after V. I. Vernadsky Legal sciences. – 2021. – T. 7 (73). No. 4. – pp. 272-279.
8. Resolution of the Plenum of the Supreme Court of the Russian Federation dated April 23, 2019 No. 10 “On the application of part four of the Civil Code of the Russian Federation” // Bulletin of the Supreme Court of the Russian Federation. – 2019. – No. 7.
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
BURAYKIN Alexander Vladimirovich
postgraduate student of the Institute ofLaw of the Samara State University of Economics
TERMINATION OF THE EXCLUSIVE RIGHT TO A TRADEMARK
Termination of the exclusive right entails its loss by the copyright holder. And this, in turn, deprives the copyright holder of the exclusive right to own, use, dispose of and protect the trademark in any legal way. As soon as the exclusive right expires, that is, when an en-try is made in the state Register of Trademarks and service Marks, any interested person can apply for registration of a similar mark. In this regard, it is worth noting that the termination of the right to a trademark can have a significant impact on business, since it af-fects the reputation of both the mark itself and its rightholder. This article examines the termination of the exclusive right to a trademark from the point of view of theory and law enforcement practice. The possible reasons for the termination of the legal protection of the mark from the perspective of domestic legislation are also under investigation. The normative legal acts in the specified sphere of legal relations are analyzed, gaps in the current legislation are revealed.
Keywords: trademark, exclusive right, non-use of the trademark, termination of legal protection.
Bibliographic list of articles
1. Gavrilov E. P. Termination of the exclusive right to a trademark (analysis of subparagraph 6 of paragraph 2 of Chapter 76 of the Civil Code of the Russian Federation) // Economy and Law. – 2020. – No. 8. – P. 22-29.
2. Dmitriev A.I. Termination of legal protection of a trademark. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/prekraschenie-deystviya-pravovoy-ohrany-tovarnogo-znaka / (date of access: 03/27/2024).
3. Kudakov A.D. Non-use of a trademark as a basis for termination of its protection. – [Electronic resource]. – Access mode: https://www.dissercat.com/content/neispolzovanie-tovarnogo-znaka-kak-osnovanie-dlya-prekrashcheniya-ego-okhrany/ (date of access: 04/03/2024).
4. Tolubaeva E.I. On the proper procedure for considering a dispute about the early termination of legal protection of a trademark due to non-use // Arbitration and civil process. – 2023. – No. 2. – P. 15-20.
5. Taylor Richard J. Loss of trademark rights through nonuse: a comparative worldwide analysis // Trademark Re-porter. – 1990. – Vol. 80. – P. 200.
CIVIL LAW
IDRISOVA Maryana Etibarovna
magister student of the 2nd year of study of the educational master’s program “Actual problems of civil law” of the Institute of Law of the Dagestan State University, Makhachkala
HUSEYNOVA Larisa Vagidovna
Ph.D. in Law, associate professor of Civil law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
COMPANY NAME AS A MEANS OF INDIVIDUALIZATION OF A LEGAL ENTITY
The article analyzes the role of a company name as a tool for individualization of legal entities. Particular attention is paid to the ban on using the official name “Russian Federation” or “Russia” in the name of a legal entity, as well as words derived from this name. Current judicial practice on disputes related to brand names is provided, as well as proposals for resolving the problem of non-compliance with the ban on the use of the words “Russian Federation” or “Russia”.
Keywords: company name, official name “Russian Federation” or “Russia”, derivative words from “Russian Federation” or “Russia”, state registration of a legal entity, registration authorities, individualization.
Bibliographic list of articles
1. Rosenberg V.V. Firm: Dogmatic essay. – St. Petersburg: Type. ed. period. ed. Ministry of Finance, 1914. – 181 p.
2. Kochkurova K. S. Features of including the official name “Russian Federation” or “Russia” in the corporate name of a legal entity, as well as words derived from this name // Socio-political sciences. – 2019. – No. 6. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/osobennosti-vklyucheniya-v-firmennoe-naimenovanie-yuridicheskogo-litsa-ofitsialnogo-naimenovaniya-rossiyskaya-federatsiya-ili (date of access: 04/05/2024).
CIVIL LAW
KIRILLOVA Elena Anatoljevna
Ph.D. in Law, associate professor of Civil law sub-faculty of the Southwest State University, Kursk
LUKIN Danila Sergeevich
student of the 4th course of the Faculty of Training specialists for the judicial system full-time (full-time Faculty of Law) of the Russian State University of Justice
LEGAL STATUS AND MAIN FEATURES OF SMART CONTRACTS
The article examines the legal status and main features of smart contracts. The development of blockchain technologies has led to the emergence of a completely new type of contracts – smart contracts, which require a comprehensive analysis. The ongoing research has shown that the existing approaches to defining the characteristics of smart contracts do not sufficiently reflect the civil nature of smart contracts. According to the results of the study, it was concluded that the main characteristics of smart contracts include: decentralization; peer-to-peer; immutability; Transparency; automation; fraud protection; safety; economic efficiency.
Keywords: smart contract; legal status; blockchain technology; Internet platform; civil; turnover contract law.
Bibliographic list of articles
1. Kirillova E. A., Bogdan V. V., Lagutin I. B. Legal Status of Smart Contracts: Features, Role, Significance // Juridicas Cuc. – 2019. – Vol. 15. – Issue 1. – P. 285-300.
2. Goryacheva A. I. Smart contracts: applicable law // Law and state: theory and practice. – 2020. – No. 3 (183). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/smart-kontrakty-primenimoe-pravo (date of access: 05.26.2024).
3. Grin O. S., Grin E. S., Solovyov A. V. Legal design of a smart contract: legal nature and scope of application // Lex Russica. – 2019. – No. 8 (153). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/pravovaya-konstruktsiya-smart-kontrakta-yuridicheskaya-priroda-i-sfera-primeneniya (date of access: 05.26.2024).
4. Efimova L. G., Sizemova O. B. Legal nature of a smart contract // Banking Law. – 2019. – No. 1. – pp. 23-30.
5. Lapina A. A. On approaches to the legal nature of a smart contract. – Text: immediate // Young scientist. – 2021. – No. 16 (358). – pp. 268-271. [Electronic resource]. – Access mode: https://moluch.ru/archive/358/80070/ (date of access: 05/26/2024).
6. Nagrodskaya V. B. New technologies (blockchain / artificial intelligence) in the service of law: scientific and methodological manual / Ed. L. A. Novoselova. – M.: Prospekt, 2019.
7. Novoselova L. A. “Tokenization” of objects of civil law // Economy and Law. – 2017. – No. 12. – P. 29-44.
8. Belitskaya A.V., Belykh V.S., Belyaeva O.A. [et al.]. Legal regulation of economic relations in modern conditions of development of the digital economy: monograph / Responsible. ed. V. A. Vaypan, M. A. Egorova. – M.: Justitsinform, 2019.
9. Puchkov V. O. Is a smart contract an agreement? On the problem of digital transformation of the civil doctrine // Russian law: education, practice, science. – 2020. – No. 3. – P. 19-31.
10. Yurasov M. Yu., Pozdnyakov D. A. Smart contract and prospects for its legal regulation in the era of blockchain technology. [Electronic resource]. – Access mode: https://zakon.ru/blog/2017/10/09/smart-kontrakt_i_perspektivy_ego_pravovogo_regulirovaniya_v_epohu_tehnologii_blokchejn.
CIVIL LAW
KRESS Vyacheslav Viktorovich
Chairman of the Arbitration Court of the Moscow District, Ph.D. in Law
THE EVOLUTION OF THE UNDERSTANDING OF INTANGIBLE BENEFITS IN THE SCIENCE OF CIVIL LAW
The article is devoted to the study of the understanding of intangible benefits in the science of civil law. Intangible benefits and prototypes of their protection were known back in ancient antiquity, in this regard, the author analyzes the period of the ancient world, in the monuments of whose law only attempts were made to protect certain types of intangible benefits based on the principle of “talion”, which was also the basis for regulating the relevant relations of Ancient Russia.
In later periods, the rules of Roman law on torts and natural rights were borrowed and reproduced in their normative acts by many Western European States. At the same time, in ancient Russian law, special attention was paid to the concepts of honor and dignity, which are considered one of the elements of status and belonged to representatives of the ruling classes: the ancestral and military aristocracy.
The period of feudal fragmentation of most countries, including medieval Russia, is characterized by increased punishment for crimes against life and health.
With the development of Russian society in the period from the XVIII – early XX century, special attention is paid to intangible benefits. The pre-revolutionary Russian doctrine named life, health and freedom, name, honor, dignity, etc. among the basic human benefits, sometimes putting different content into their concept from the modern one. At the same time, already at that stage of the development of science, it was repeatedly pointed out the ideal nature of benefits inextricably linked to the concept of personality – life, freedom, health, honor, and it was also emphasized that due to the ideality of suchbenefits, they cannot be valued in monetary terms.
The current Civil Code of the Russian Federation, for the first time in the history of domestic legislation, devoted a separate chapter to intangible benefits and their protection, while Article 150 contains an approximate list of intangible benefits that relate to the fundamental rights and freedoms guaranteed by the Constitution of the Russian Federation.
Keywords: the concept of intangible benefits, honor, dignity, business reputation, fundamental rights and freedoms, monuments of the law of the ancient world, the principle of “talion”, torts, Roman law , natural rights.
Bibliographic list of articles
1. Cancik H. “Dignity of Man” and “Personal” in Stoic Anthropology: Some Remarks on Cicero, De Officiis I // Concept of Human Dignity in Human Rights Discourse / Ed. by D. Kretzmer, E. Klein. Netherlands, 2002.
2. Levy E. Natural Law in the Roman Period // Natural Law Institute Proceedings. University of Notre Dame. 1949. Vol. 2. P. 43-72.
3. McCrudden Ch. Human Dignity and Judicial Interpretation of Human Rights // The European Journal of International Law. 2008. Vol. 19. No. 4.
4. Shumway E. S. Freedom and Slavery in Roman Law // Law Review. University of Pennsylvania. 1901. No. 49.
5. Abstract and concrete person in the face of civil law / Prof. I. A. Pokrovsky. St. Petersburg: Printing house of the Public Benefit Partnership, 1913. 24 p.
6. Aristotle. Policy. M.: Knowledge, 1990.
7. Barberini R. Travel to Muscovy by Raphael Barberini in 1565 // Muscovy State of the XV-XVII centuries. L., 1986.
8. Belov V. A. Civil law: General and Special parts: Textbook. M.: JSC “Center YurInfoR”, 2003.
9. Bratus S.N. Subject and system of Soviet civil law. M., 1963.
10. Gambarov Yu. S. Civil law. General part: lectures. 1897-1898
11. Gambarov Yu. S. Civil law. The general part. T. 1. St. Petersburg, 1911.
12. Golubev K. I., Narizhny S. V. Compensation for moral harm as a way to protect non-property benefits of the individual. St. Petersburg: Legal Center Press, 2004.
13. Golubev K. I., Narizhny S. V. Compensation for moral harm as a way to protect non-property benefits of the individual. 2nd ed., add. St. Petersburg: Legal Center Press, 2001.
14. Civil law: Textbook / Answer. ed. S. S. Alekseev. 2nd ed., revised. and additional M.: Prospekt; Ekaterinburg: Institute of Private Law, 2009. (author of the chapter – S. S. Alekseev).
15. Civil law: Textbook / Ed. Yu. K. Tolstoy: In 3 volumes. M., 2013. Vol. 1. (author of the chapter – N. D. Egorov).
16. Civil law: Textbook. Volume 1 / Ed. O. N. Sadikova. M.: Contract; Infra-M, 2006. (author of the chapter – I. Sh. Fayzutdinov).
17. Civil law: Textbook: In 3 volumes. T. 1. 6th ed., revised. and additional / Ed. A. P. Sergeev, Yu. K. Tolstoy. M.: TK “Velby”; Prospect, 2003.
18. Dolinskaya V.V. Subject of civil law: trends and problems of development // Civilist. 2011. No. 4.
19. Ermolova O. N. Intangible benefits and their protection: Author’s abstract. dis. …cand. legal Sci. Saratov, 1998.
20. Ershov V. A., Sutyagin A. V., Keil A. N. Article-by-article commentary to the Civil Code of the Russian Federation // SPS ConsultantPlus. 2009
21. Zinchenko S. A., Galov V. V. Property and derivative property rights: theory and practice. Rostov-on-Don: SKAGS Publishing House, 2003.
22. Kalinin V. M. Commentary on legislation on compensation for harm caused to the life or health of military personnel. M.: For the rights of military personnel, 2004.
23. Karner E. Human rights and protection of individual rights in civil law // Bulletin of civil law. 2014. T. 14. No. 4. P. 258-261.
24. Commentary on the Civil Code of the Russian Federation, part one (article-by-article) / Ed. O. N. Sadikova. M.: Contract; Infra-M, 2005. P. 394-397 (author of the chapter – K. B. Yaroshenko).
25. Likhachev D.S. “The Tale of Igor’s Campaign” and the culture of his time. L., 1978.
26. Maleina M. N. Personal non-property rights of citizens: concept, implementation, protection. M.: MZ “Press”, 2000.
27. Meyerberg A. Journey to Muscovy of Baron Augustine Meyerberg // Approval of the dynasty. M., 1997.
28. Nokhrina M. L. Civil regulation of personal non-property relations not related to property ones. SPb.: Legal. Center Press, 2004.
29. Olearius A. Description of the journey to Muscovy. M., 1996.
30. Pokrovsky I. A. Abstract and concrete person in the face of civil law // Bulletin of civil law. 1913. No. 4.
31. Pokrovsky I. A. Main problems of civil law (ser. “Classics of Russian civil law”). M., 2013.
32. Legal monuments of the Ancient World: Educational materials on the General History of State and Law for students of the Faculty of Military Law / Ed. Yu. M. Biryukova. M., 1969.
33. Romovskaya Z. L. Personal non-property rights of citizens of the USSR: Author’s abstract. dis. …cand. legal Sci. Kyiv, 1968.
34. Barnin D.V. On the relationship between the concepts of intangible benefits and personal non-property rights // Lawyer. 2002. No. 7. P. 3-6.
35. Sinitsyn S. A. Personal non-property rights and human security in the virtual space // Journal of foreign legislation and comparative law. 2023. No. 1. P. 13-24.
36. Sitdikova L. B. Legal regulation of relations in the sphere of providing information and consulting services in the Russian Federation: abstract. dis. …doc. legal Sci. M., 2009. 50 p.
37. Sobchak A. A., Egorov N. D. Fundamentals of civil legislation: problems of improvement // Soviet state and law. 1988. No. 10.
38. Temnikova N. A. On the concept of “intangible benefit” in family law // Bulletin of Omsk University. Series “Law”. 2007. No. 4.
39. Temnikova N. A. Realization and protection of the personal non-property rights of the child in family law in Russia: Author’s abstract. dis. …cand. legal Sci. Ekaterinburg, 2006.
40. Timeshov R.P. Intangible benefits in civil law and their protection: abstract. …dis. …cand. legal Sci. Krasnodar, 2010.
41. Ulbashev A. Kh. General doctrine of personal rights. Moscow: Statute, 2019.
42. Fleishitz E. A. Personal rights in the civil law of the USSR and capitalist countries. M., 1941.
43. Fleishitz E. A. Personal rights in civil law of the USSR and capitalist countries // Fleishitz E. A. Selected works on civil law (series “Classics of Russian civil law”). In 2 vols. M., 2015. T. 1.
44. Chernilovsky Z. M. General history of state and law. M., 1996.
45. Chupova M.D. Forgotten Code of Laws (1589 and 1606/07) // Lex russica. 2017. No. 2. P. 184-207.
46. Staden G. About Ivan the Terrible’s Moscow. Notes of a German guardsman // Sources of history. Ryazan, 2005.
CIVIL LAW
KURMANBAEV Melis Mazhitovich
senior lecturer of Civil law sub-faculty of the Ural State University of Economics, Yekaterinburg
THE CONCEPT OF HOUSING AND COMMUNAL SERVICES: ECONOMIC AND LEGAL APPROACHES
The article discusses various interpretations of the concept of “housing and communal services”. Based on the analysis of various points of view of economists and lawyers, the concept of “housing and communal services” is formulated, its main criteria are given. Attention is drawn to the social orientation of housing legislation regulating housing and communal services.
Keywords: housing legislation, housing and communal services, quality of life, housing and communal services, social and industrial components of the sphere of housing and communal services.
Bibliographic list of articles
1. Komissarova L. A. Housing and communal services as a factor in the sustainable socio-economic development of the country // Bulletin of NGIEI. – 2010. – T. 1. No. 1. – P. 184-187.
2. Shugaeva I.V. Current state and analysis of development trends in the sphere of housing and communal services // Bulletin of the Volga University named after. V. N. Tatishcheva. – 2023. – T. 2. No. 1 (51). – pp. 177-185.
3. Spitsyna L. V. Classification of risks in the field of housing and communal services in modern conditions // News of Tomsk Polytechnic University. – 2012. – T. 321. No. 6. – P. 62-66.
4. Shepeleva E. A. Types of housing and communal services // In the collection: Derzhavin readings. Materials of the XXV All-Russian Scientific and Practical Conference. Rep. editor E. A. Kolesnichenko. – 2020. – pp. 263-271.
5. Zhdanovskaya N.V. Social protection of the population in the provision of housing and communal services // Economic Bulletin of the Scientific Research Institute of Economics of the Ministry of Economy of the Republic of Belarus. – 2021. – No. 11 (293). – pp. 36-43
6. Khyshova T.V., Losev V.S. The problem of realizing the quality of housing and communal services // In the collection: Current issues of economics and management. collection of materials from the IV International Scientific and Practical Conference. – 2018. – pp. 187-191.
7. Ulanova O. V., Salhofer S. P., Wünsch K. Integrated sustainable waste management. Department of Housing and Utilities. – Moscow, 2016. [Electronic resource]. – Access mode: https://monographies.ru/en/book/section?id=13284 (date of access: 03/21/2024).
8. Pardaeva G.P. Housing and communal services as a branch of the service sector // World Science. – 2020. – No. 8 (41). – pp. 119-122.
CIVIL LAW
LINNIKOV Alexander Sergeevich
Ph.D. in Law, lawyer of the Bar Association of the Moscow region “Linnikov and Partners”, Chairman of the Board of the Association of Participants in the payment services market “Non-profit Partnership “National Payment Council”
REGULATORY PREREQUISITES FOR CIVIL LAW CONTROL IN THE CONSTRUCTION CONTRACT
The paper considers the features of the legal regulation of civil control in the construction contract. The methodological prerequisites for the study of this phenomenon, the peculiarities of its normative consolidation, as well as its implementation in the relevant legal relations are established. The characteristic of the current legislation containing the norms regulating control and supervisory activities in the construction contract is given.
Keywords: civil law control, construction contract, principles of civil law, mechanism of civil law control.
Bibliographic list of articles
1. Ershov O. G. Control and supervision of the customer over the execution of construction work // Bulletin of Arbitration Practice. 2012. No. 5.
2. Petrov D. A. The concept and signs of self-regulation as a legal phenomenon // Lawyer. 2013. No. 20. pp. 27–31.
3. Egorova M. A. Commercial law: Textbook for universities. M.: RANEPA under the President of the Russian Federation; Statute, 2013. P. 248.
4. Sablin M. T. Concluding transactions without risk: checking the counterparty, contractual work, organizational system. M.: Library of the “Rossiyskaya Gazeta”, 2012. Vol. 14. 144 p.
5. Braginsky M.I., Vitryansky V.V. Contract law: General provisions. M.: Statute, 1997. P. 572-573.
6. Bogdanov E.V., Bogdanova E.E., Bogdanov D.E. The principle of solidarity in civil law of Russia // Journal of Russian Law. 2016. No. 11. P. 37-45.
7. Kozlova E. B. Features of the subjects of contracts that mediate construction activities in the sphere of creating real estate objects // Legal issues of construction. 2012. No. 2. P. 30-32 @@ Kozlova E. B. System of contracts aimed at creating real estate objects. M.: CONTRACT, 2013. 368 pp.
8. Grabko O. V. Classification of civil law control // Power of the Law. 2018. No. 2. P. 243-262.
9. Popondopulo V.F. WITHspecial investment contract as a legal form of investment agreements with the participation of a public legal entity // Competition law. 2017. No. 3. P. 17-24.
10. On freedom of contract and its limits: Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated March 14, 2014 No. 16 // Bulletin of the Supreme Arbitration Court of the Russian Federation. 2014 (May). No. 5.
11. Chernyak M. Ya. New in the legal regulation of construction // Soviet state and law. 1962. No. 4. P. 60 @@ Karavaikin A. A. Contract in capital construction. M.: Moscow State University, 1960. pp. 24-25 @@ Karavaykin A. A. Legal issues of capital construction // Issues of Soviet civil law / Ed. V. P. Gribanova. M.: Moscow State University, 1964. P. 144–147 @@ Sergeev A.P. Construction contract // Civil law: In 3 volumes. T. 2: Textbook / Rep. ed. A. P. Sergeev, Yu. K. Tolstoy. M.: Prospekt, 2006. P. 390.
12. Braginsky M.I. Improvement of legislation on capital construction. M.: Stroyizdat, 1982. pp. 96-97, 98.
13. Romanets Yu. V. System of contracts in civil law of Russia. M.: Lawyer, 2006. P. 112-114, 364-371 @@ Civil law: in 3 volumes. T. 2: Textbook / Rep. ed. A.P. Sergeev, Yu. K. Tolstoy. M.: Prospect, 2006. P. 358-360 @@ Civil law. Part two: Textbook / Answer. ed. V. P. Mozolin. M.: Lawyer, 2004. P. 285-290 @@ Vasiliev G. S., Rybalov A. O. Difference between contract and purchase and sale agreements: Discussing the problem // Jurisprudence. 2005. No. 1. P. 53-81 @@ Rovny V.V. Elements of a purchase and sale agreement. To help students and graduate students // Siberian Legal Bulletin. 2001. No. 4. P. 22-35.
14. Chigir V. F. Contract for capital construction. Minsk: BSU named after. V.I. Lenina, 1969. P. 81.
15. Petrukhin M.V. Agreement of participation in shared construction with the condition of a contract, their general and special legal nature // Lawyer. 2010. No. 5. P. 42. P. 38-43.
16. Ershov O.G. An employment contract cannot be replaced by a civil law construction contract // Labor Law. 2008. No. 11.
17. Kulichev R. B. Control in the field of contract work for state needs (types, order and features of implementation) // Law and Economics. 2014. No. 5. P. 20. P. 19–24 @@ Kulichev R.B. Legal regulation of contract work for state needs. M.: Justitsinform, 2016. 192 p.
18. Butaeva E. M. Forms of state regulation of urban planning activities // Taxes. 2010. No. 4 @@ Butaeva E. M. Organizing subjects interacting in the field of urban planning // Legal issues of construction. 2009. No. 2.
19. Keil A. N. Participant in shared construction and developer: who has the right to what and is responsible for what? // Housing law. 2009. No. 11 @@ Keil A. N. Current issues of dispute resolution in shared construction // Housing Law. 2009. No. 10.
20. Petrov D. A. The concept and signs of self-regulation as a legal phenomenon // Lawyer. 2013. No. 20. P. 27-31.
21. Chumachenko I.V. Contracts in the field of construction // Legal issues of construction. 2015. No. 2. P. 9-15 @@ Andrianov N. Problems of legal qualification of contractual relations of participants in investment activities in the field of capital construction // SPS ConsultantPlus. 2012 (date of access: 05/06/2024).
22. Kulichev R. B. Control in the field of contract work for state needs (types, order and features of implementation) // Law and Economics. 2014. No. 5. P. 19–24.
23. Civil law. Special part: textbook / N. V. Bagrova, T. Yu. Barishpolskaya, R. S. Bevzenko and others; edited by E.S. Boltanova. M.: INFRA-M, 2023. 583 p. (author of the chapter – I.D. Kuzmina).
24. Saltykov K. G. Interpretation of the term “economic activity” in Russian legislation and law enforcement practice // Property relations in the Russian Federation. 2015. No. 12. P. 80–87 @@ Kulichev R. B. Control in the field of contract work for state needs (types, order and features of implementation) // Law and Economics. 2014. No. 5. P. 19–24.
25. Kulichev R. B. Legal regulation of contract work for government needs. M.: Justitsinform, 2016. 192 p.
CIVIL LAW
MAZANAEV Murad Shabanovich
Ph.D. in Law, associate professor of Civil law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
TAYGIBOVA Zarema Zalimkhanovna
master student of the Institute of Law of the Dagestan State University, Makhachkala
PECULIARITIES OF TAXATION OF INDIVIDUAL ENTREPRENEURS AND THE SELF-EMPLOYED
The idea of self-employment as a promising and modern form of economic independence of citizens has recently often appeared in journalism and research due to its relevance. The article analyzes the taxation system in relation to individual entrepreneurs and the self-employed. The possibility of applying a tax on professional income by individuals and individual entrepreneurs is investigation, the dynamics of tax receipts and accruals are analyzed. Conclusions are drawn about the factors of choosing the forms of doing business, as well as the prospects of the institute of self-employment in the Russian Federation
Keywords: self-employment, professional income tax, taxation, individual entrepreneur, tax rate.
Bibliographic list of articles
1. Anisimov, A.L. Problems of forming the tax climate in the process of interaction between tax authorities and taxpayers // Problems of interaction between public and private law in regulating economic relations: materials of the VI International Scientific and Practical Conference (Ekaterinburg, May 16, 2023) / responsible for the issue A. V. Kurdyumov, executive editor N. S. Gromova. – Ekaterinburg: USUE, 2023. – 131 p.
2. Danilova S. N., Kozlova O. Yu., Teislina O. G. Main directions of state policy in the field of promoting employment in the region in the context of overcoming the consequences of coronavirus infection // Bulletin of the Saratov State Socio-Economic University. – 2020. – No. 4-5 (83). – pp. 110-114.
3. Klimova A. N. On the issue of the concept and characteristics of entrepreneurial activity // Bulletin of Kostroma State University. VAK. – 2017. – No. 6. – P. 182-184.
4. Polyakov V.V., Sumbatyan S.L., Basalaev V.A. Financial aspects of the formation of the institution of self-employment // Bulletin of the University. VAK. – 2020. – No. 1. – P. 144-148. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/finansovye-aspekty-stanovleniya-instituta-samozanyatosti?ysclid=lfqeok 9ver682277328 (date of access: 03.27.2024).
5. Semenova T. A., Chudnov I. A. Legal regulation of self-employment: Soviet experience and modern realities // Current issues of private law. Labor law. – St. Petersburg: News of higher educational institutions. Jurisprudence, 2018. – P. 21.
CIVIL LAW
MASLENNIKOVA Lyudmila Vladimirovna
Ph.D. in Law, associate professor of International private and business law sub-faculty of the I. T. Trubilin Kuban State Agrarian University, Krasnodar
NEBIERIDZE David Nikolaevich
student of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University, Krasnodar
NEW LEGISLATION IN OUT-OF-COURT BANKRUPTCY
In the article, the authors analyze the current legal status of one of the institutions of bankruptcy law – extrajudicial bankruptcy. The reasonableness of the legal regulation of relations, the boundaries of extrajudicial bankruptcy, as well as the degree of its compliance with the main trend in the development of rights of the Russian Federation are examined. The institution of extrajudicial bankruptcy of individuals is considered as a way to relieve debts for citizens who find themselves in a difficult financial situation. The regulatory framework for extrajudicial bankruptcy, the conditions and procedure for its implementation are analyzed, and the provisions of the current and previous versions of the provisions of the legislation on extrajudicial bankruptcy are compared. Particular attention is paid to the new criteria under which a citizen can file an application for declaring himself bankrupt out of court.
Keywords: bankruptcy, bankruptcy law, extrajudicial bankruptcy, debtor, citizen, writ of execution.
Bibliographic list of articles
1. Karelina S. A. Mechanism of legal regulation of insolvency relations. – M., 2008.
2. Insolvency (bankruptcy): Training course. In 2 volumes / Ed. Doctor of Law, Prof. S. A. Karelina. T. 1. – M.: Statute, 2019. – 925 p.
3. Bankruptcy of economic entities and citizens: textbook / L. V. Maslennikova, A. A. Astrakhankin, A. V. Mikhnevich [etc.]; under general ed. L. V. Maslennikova. – Krasnodar: KubSAU, 2017. – 256 p.
4. Federal Law of October 26, 2002 No. 3 127-FZ (as amended on December 25, 2023, as amended on March 19, 2024) “On Insolvency (Bankruptcy)” (as amended and additionally, entered into force on January 5 .2024).
CIVIL LAW
MEDENTSEVA Evgeniya Vladimirovna
Ph.D.in Law, associate professor of Legal support of economic activities sub-faculty of the Institute of Law of the Samara State University of Economics
TYUNIN Igor Igorevich
postgraduate student of the Institute of Law of the Samara State University of Economics
ISSUES OF LEGALIZATION OF UNAUTHORIZED BUILDINGS
At the present stage of the development of property rights, one of the most relevant topics is unauthorized construction and its legalization. Many citizens are engaged in construction on their land, building houses, sheds, outbuildings, and in the future they are unable to legalize this property. Entrepreneurs are also engaged in construction either on their own lands or on the land of the landlord, which also complicates the possibility of legalizing ownership of the building. In addition, difficulties arise when selling this property, because this property can no longer be sold, since the state Rosreestr will not conduct this transaction, since such property is not registered. These circumstances require further research in the field of legalization of unauthorized buildings in the Russian Federation. In the course of the work carried out, an analysis of civil studies in the field of legalization of unauthorized buildings in the Russian Federation was carried out. Based on the results of the analysis, the authors came to the conclusion that it is necessary to further improve the legal regulation of the legalization of unauthorized buildings in the Russian Federation. In particular, it is necessary to legislate the legal nature of unauthorized construction, excluding the term “structure” from Article 222 of the Civil Code of the Russian Federation and settle the issue of the possibility of applying the statute of limitations to unauthorized buildings in Article 234 of the Civil Code of the Russian Federation.
Keywords: building, structure, structure, unauthorized construction, legalization.
Bibliographic list of articles
1. Braginsky M.I., Vitryansky V.V. Contract law. Book two: Agreements on the transfer of property. – M.: Statute, 2002.
2. Kuzmina I. D. Legal regime of buildings and structures as real estate objects. – Tomsk: Tomsk University Publishing House, 2002.
3. Savina A.V. Legal regime of unauthorized construction: dis. …cand. legal Sci. – M., 2010.
4. Bakulin A.F., Petukhova A.V. On the negative nature of the demand for the demolition of unauthorized construction // Russian Legal Journal. – 2011. – No. 6.
5. Selivanov V.V. Civil law regime of unauthorized construction and its regulatory implementation: dis. …cand. legal Sci. – M., 2012.
6. Kozyr O. M. Real estate in the new Civil Code of Russia / Civil Code of Russia: problems, theory, practice: collection in memory of A. Khokhlov / Rep. ed. A. L. Makovsky. – M., 1998.
7. Betkher V. A, Nevzgodina E. L. Options for the legalization of unauthorized construction in the law, theory, practice and draft of the Civil Code of the Russian Federation // Laws of Russia: experience, analysis, practice. – 2016. – No. 10.
8. Meteleva Yu. A. Unauthorized buildings: problems of law enforcement // Lex Russica. – 2022. – No. 5 (186).
CIVIL LAW
MEDZHIDOVA Elena Vladimirovna
Ph.D. in Law, associate professor of Modern educational technologies sub-faculty of the Institute of Open and Distance Education of the South Ural National Research State University, Chelyabinsk
SOME PROBLEMS OF LEGAL REGULATION OF NEGOTIATIONS ON CONCLUSION OF AN AGREEMENT IN BUSINESS ACTIVITY
The basic requirements for conducting preliminary negotiations in Russian legislation appeared in 2015 by introducing amendments to the Civil Code of the Russian Federation through 434.1. The named article of the Civil Code establishes the conditions for the onset of civil liability at this stage. The article makes an attempt to characterize the legal nature of negotiation relations and pre-contractual liability. A critical analysis of some positions expressed in the scientific literature regarding the legal nature of negotiation relations is given. The norms of the current civil legislation providing for the liability of counterparties for dishonest behavior during negotiations on including a contract in business activities are considered. The author comes to the conclusion that fault for unfair negotiations should be recognized as contractual liability, which, in turn, will contribute to the implementation of the principle of freedom of contract in civil legal relations.
Keywords: preliminary negotiations, contractual liability, tortious liability, legal nature, civil liability, negotiation relations.
Bibliographic list of articles
1. Iering R. Culpa in contrahendo, or Compensation for losses in case of invalidity or non-conclusion of contracts / R. Iering, Russian translation: M. B. Zhuzhalov // Bulletin of Civil Law. – 2013. – No. 3. – P. 190-266.
2. Porotikova O. A. Approaches to understanding the nature of responsibility for improper negotiations // Bulletin of Voronezh State University. Series: Law. – 2021. – No. 3 (46). – pp. 107-114.
3. Kucher A. N. Theory and practice of the pre-contractual stage: legal aspect / A. N. Kucher. – M.: Statute, 2005. – 363 p.
4. Tolaeva N.V. Responsibility for unfair negotiations // Judge. – 201. – No. 10 (70). – pp. 22-26.
5. Karkhalev D. N. Methods of protecting organizational civil rightstheir rights // Legal world. – 2016. – No. 1. – P. 55-58.
6. Maleina M. N. Agreement on the negotiation procedure as an agreement and document in entrepreneurial activity // Entrepreneurial Law. – 2012. – No. 3. – P. 31-34.
7. Mazur O. V., Sergeev A. P., Tereshchenko T. A. Responsibility for unfair negotiations as a limitation of freedom of contract (on the example of the provisions of Article 434.1 of the Civil Code of the Russian Federation) // Freedom of contract: collection of articles of the Moscow State Law University named after. O. E. Kutafina. – M.: Publishing house “STATUT”, 2016. – P. 383-396.
8. Budylin S. L. Assurances and guarantees. Comparative research. – M.: Publishing House “Infotropic Media”, 2017. – 160 p.
9. Porotikova O. A. Approaches to understanding the nature of responsibility for improper negotiations // Vestnik VSU. Series: Law. – 2021. – No. 46. – P. 107-114.
CIVIL LAW
NAZAROVA Nadezhda Alexandrovna
Ph.D. in Law, associate Professor of Civil law and process sub-faculty of the N. I. Lobachevsky Nizhny Novgorod National Research State University
KALYUZHNY Evgeniy Alexandrovich
Ph.D. in biological sciences, associate professor of N. Yu. Belenkov Normal physiology sub-faculty of the Volga Region Research Medical University of the Ministry of Health of Russia, Nizhny Novgorod
LEGAL BASIS OF MEDICAL CARE FOR ELDERLY CITIZENS IN THE RUSSIAN FEDERATION
The authors emphasize that one of the urgent problems of modern society that requires a speedy solution is the provision of high-quality and affordable medical care to elderly citizens. The content of this problem is revealed: it includes many issues, such as the legal provision of medical care for elderly citizens, the availability of free medical care, the availability of home care for elderly citizens, the quality of service, the number of hospitals , hospitals, rest homes and sanatoriums for the elderly, etc. The provisions of the normative legal acts of the Russian Federation regulating this issue are indicated. The author’s assessment of the level of medical care for this category of citizens in Russia is given, its advantages and disadvantages are noted.
Keywords: medical care, senior citizens, legal regulation, medical care, social security.
Bibliographic list of articles
1. Bykovskaya T. Yu., Zakharchenko Yu. I., Kim V. V. Some features of providing medical care to elderly and senile citizens // Colloquium-journal. 2019. No. 16 (40). P. 70.
2. Vaganova-Naimushina L. A. Features of the health status of elderly people and social and medical work // Bulletin of the Shadrinsk State Pedagogical University. 2017. No. 2 (34). P. 6.
3. Vasilenko N. Yu. Social gerontology. Vladivostok: Far Eastern University Publishing House, 2003. P. 131.
4. Vasilchikov V. M. Ideological, legal and organizational aspects of the activities of the state system of social and medical services for the elderly // Clinical gerontology. 2007. No. 3. P. 12.
5. Vinogradova M. Yu. Problems of free medical care for pensioners // Problems of science. 2019. No. 10 (46). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/problemy-besplatnoy-meditsinskoy-pomoschipensioneram (date of access: 04/24/2023).
6. Gekht I. A., Artemyeva G. B. Aging of the population and health care modernization programs // Clinical gerontology. 2011. No. 11-12. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/postarenie-naseleniya-i-programmy-modernizatsii-zdravoohraneniya-1 (access date: 05/01/2023).
7. Glukhikh S.I., Statsuk S.V. The problem of the quality of training of nursing personnel for professional activities in medical and social services for the elderly // Vestnik VUiT. 2015. No. 4 (19). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/problema-kachestva-podgotovki-sestrinskogo personala-k-professionalnoy-deyatelnosti-po-mediko-sotsialnomu-obsluzhivaniyu-pozhilyh (date of access: 05/01/2023).
8. Grigorieva N. S. State policy to protect the health of the elderly and reduce mortality: the experience of Japan // ENSR. 2007. No. S1. P. 63.
9. Kuracheva N.V. Quality of life in older age groups: reserves for improvement // IVF. 2012. No. 2 (452). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kachestvo-zhizni-v-starshih-vozrastnyh-gruppah-rezervy-povysheniya (date of access: 05/01/2023).
10. Kurchenko O. S. The role of the state in realizing the right of citizens to free medical care // Bulletin of Omsk State University. Series. Right. 2007. No. 1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/rol-gosudarstva-v-realizatsii-prava-grazhdan-na-besplatnuyu-meditsinskuyu-pomosch (access date: 05/01/2023).
11. Novokreshchenova I. G., Chunakova V. V. Organization of medical and social servicespersonal services for elderly citizens // BMIK. 2013. No. 12.
12. Davydova O. V. Experience of social work with elderly people abroad // Central Russian Bulletin of Social Sciences. 2012. No. 4-1. P. 30.
CIVIL LAW
NUKHKADIEV Magomed Ramazanovich
magister student of the 2nd course of the direction “Current problems of Civil Law” of the Faculty of Law of the Dagestan State University, Makhachkala
GAYBATOVA Kurum Davudovna
associate professor of Civil law sub-faculty of the Dagestan State University, Makhachkala
ALIENATION OF REAL ESTATE IN CONNECTION WITH THE SEIZURE OF A LAND PLOT FOR STATE OR MUNICIPAL NEEDS
The procedure for the seizure of land plots and real estate for state or municipal needs is a complex and responsible process where the interests of the state and private individuals collide. The article discusses the basis and conditions for the seizure of land plots for state or municipal needs, as well as the procedure for such seizure in the land management system. The regulatory, legal and theoretical aspects of this process, including the seizure of real estate, have been studied. The procedure for seizure and the amount of compensation for the alienation of real estate in connection with the seizure of a land plot for state or municipal needs are considered.
Keywords: alienation of real estate, seizure of real estate, state and municipal needs, amount of compensation, equivalence of compensation, lost profit, losses.
Bibliographic list of articles
1. Civil Code of the Russian Federation (part one) dated November 30, 1994 No. 51-FZ (as amended on February 25, 2022).
2. Land Code of the Russian Federation dated October 25, 2001 No. 136-FZ (as amended on February 16, 2022).
3. Afanasyeva S. D. Constitutional and legal institution of seizure of land plots for public needs: a comparative analysis of the experience of the Russian Federation and the USA: dis. …cand. legal Sci. 2020.
4. Golovanov K. P. Seizure of land plots for state and municipal needs – problems of legal regulation // Property relations in the Russian Federation. – 2022. – No. 10 (145). – pp. 110-114.
5. Isakova N. A. Protection of the rights of the owner during the seizure of a land plot in the interests of the state // Modern science: scientific and practical. magazine – 2019. – No. 4. – P. 18-20.
6. Kochneva I.V. Seizure of land plots for state and municipal needs is one of the grounds for termination of rights to land plots // Property relations in the Russian Federation. – 2021. – No. 11. – P. 67-71.
7. Kulikova M. Forced termination of ownership of land plots due to improper use // Economy and Law. – 2020. – No. 6. – P. 115-121.
8. Novikova O. V. Legal issues of seizure of land plots for state or municipal needs // Bulletin of the Kursk State Agricultural Academy. – 2022. – No. 6. – P. 77-80.
9. Petrukhin M.V. Seizure of land plots for public needs // Judge. – 2020. – No. 2. – pp. 23-25.
10. Strantsova S. A. The problem of defining the concept of state and municipal needs as a basis for the seizure of a land plot with the demolition of residential premises // Bulletin of Omsk State University. Series. Right. – 2020. – No. 3. – P. 45-48.
11. Trubkin N.V. Confiscation of land for state and municipal needs (grounds, procedure) // Property relations in the Russian Federation. – 2020. – No. 8. – P. 74-80.
CIVIL LAW
PETROV Nikolay Vladimirovich
Ph. D. in Law, associate professor of the North Caucasus Federal University, Stavropol
MASHKOVA Alexandra Dmitrievna
assistant of the North Caucasus Federal University, Stavropol
PROBLEMS OF DETERMINING THE PLACE OF THE DIGITAL RUBLE IN THE SYSTEM OF OBJECTS OF CIVIL RIGHTS
Introduction. The process of digitalization covers all spheres of human life, which has led to the phenomenon of digitalization of objects of civil rights. The relevance of this study is due to the consolidation of the digital ruble as an object of civil relations and the definition of its legal nature. The authors pay special attention to the correlation of the digital ruble with other objects of civil rights, in particular, with property rights, digital rights, and non-cash funds. It is noted that the introduction of the digital ruble into civil circulation in the Russian Federation was a long process, which was preceded by public discussions of the Bank of Russia, but despite this, unity in understanding the essence of the new object of civil relations was not achieved. Materials and methods. This study is based on an analysis of approaches to the definition of the digital ruble in the doctrine of civil, financial and digital law. Special attention is paid to the study of amendments to the Civil Code of the Russian Federation in the field of determining new vectors of development of objects of civil rights. It is pointed out that there is a need for intersectoral regulation of the digital ruble in order to resolve the contradictions identified in the study. Analysis. The analysis carried out in the article indicates insufficient theoretical elaboration of the introduction of the digital ruble into civil circulation, the presence of gaps in legislation and contradictions between the norms governing similar legal relations. Results. The authors concluded that the digital ruble is a special digital payment instrument denominated in the national unit of account (ruble), which is a direct obligation of the Central Bank of the Russian Federation. The signs of the digital ruble that distinguish it from other objects of civil rights and related economic and financial legal categories have been identified.
Keywords: digitalization, objects of civil rights, property rights, non-cash funds, digital ruble, digital rights, digital financial assets.
Bibliographic list of articles
1. Vasilevskaya L. Yu. Digital ruble: a civil expert’s view of the problem // Lex Russica. – 2023. – No. 1 (194).
2. Gabov A.V. Digital ruble of the central bank as an object of civil rights // Current problems of Russian law. – 2021. – No. 4 (125). – pp. 55-65.
3. Civil Code of the Russian Federation (part one) dated November 30, 1994 No. 51-FZ (as amended on March 11, 2024 No. 48-FZ). – [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_5142/ (date of access: 03/27/2024).
4. Zakirov R. Yu., Kulmyakov N. S. Digital rights as objects of civil rights // Legal Bulletin of the Dagestan State University. – 2022. – No. 4. – P. 79-82.
5. 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 April 14, 2014 No. 2 -FKZ, dated July 21, 2014 No. 11-FKZ, dated October 4, 2022 No. 7-FKZ). – [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_28399/ (date of access: 03/27/2024).
6. Digital ruble concept. – [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_381759/ (date of access: 03/27/2024).
7. Determination of the Constitutional Court of the Russian Federation dated July 27. 2023 No. 1579-O “On the refusal to accept for consideration the complaint of citizen Irina Borisovna Terentyeva about the violation of her constitutional rights.” – [Electronic resource]. – Access mode: https://www.consultant.ru/cons/cgi/online.cgi?req=doc&base=ARB&n=771231#7yNlzrTSvonHb1UK (date of access: 03/27/2024).
8. Determination of the Constitutional Court of the Russian Federation dated July 27. 2023 No. 1581-O “On the refusal to accept for consideration the complaint of citizens Vyacheslav Evgenievich Degtyarev and Nina Vasilievna Degtyareva for violation of their constitutional rights.” – [Electronic resource]. – Access mode: https://www.consultant.ru/cons/cgi/online.cgi?req=doc&base=ARB&n=771233#Y8xlzrTicJ1xznH81 (date of access: 03.27.2024).
9. Letter of the Bank of Russia dated September 11, 2023 No. 04-45/8582 “On issues related to the digital ruble.” – [Electronic resource]. – Access mode: https://www.garant.ru/products/ipo/prime/doc/407556182/ (date of access: 03/27/2024).
10. Saadulaeva T. A., Shlyakhtina I. A. Digital ruble as a mechanism for ensuring the financial security of the state // Economics and business: theory and practice. – 2022. – No. 6-2. – pp. 135-139.
11. Smirnov D. A., Pervyshov E. A. On the concept of digital financial assets in the context of modern realities: financial and legal aspects // Humanitarian and legal studies. – 2022. – No. 4. – P. 638-642.
12. Smirnov D. A., Botasheva L. E. Legal regime of the digital ruble platform: issues of intersectoral regulation // State and trends in the development of law in the states of the Caucasus region: collection of materials from the International Legal Forum (Stavropol, November 9-11, 2023 ) / Ed. D. A. Smirnova, A. A. Biryukova. – Stavropol: Stavropol publishing house “Paragraph”, 2024. – 376 pp.
13. Federal Law “On digital financial assets, digital currency and on amendments to certain legislative acts of the Russian Federation” dated July 31, 2020 No. 259-FZ (as amended and supplemented, entered into force on January 11, 2023). – [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_358753/ (date of access: 03/27/2024).
14. Digital ruble. Report for public consultation. – [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_364913/ (date of access: 03/27/2024).
15. Forbes Russia. – [Electronic resource]. – Access mode: https://www.forbes.ru/finansy/493466-cislo-provodasih-oplatu-kriptovalutoj-servisov-udvoilos-v-rossii-god-k-godu (dateDate: March 27, 2024).
CIVIL LAW
SMOLINA Olga Sergeevna
Ph.D. in Law, Counselor of the Justice 3rd Class, Advisor of the 1st Class of the State Civil Service of the Russian Federation, Deputy head of the division of viticulture, winemaking and tobacco products of the Department of food and processing industry of Ministry of Agriculture of the Russian Federation
TRANSACTIONS VIA DIGITAL PLATFORM WITH NATURAL RESOURCES IN THE LIGHT OF IMPROVEMENTS OF CIVIL AND NATURAL RESOURCES LEGISLATION OF THE RUSSIAN FEDERATION
The article compares Russian and English approaches to using digital platforms for transactions with natural resources. In order to use digital platforms for completing transactions with natural resources, the article suggests classifying transactions with natural resources based on the special property right appliable to natural resources in Russia (Art. 9 of the Constitution of the Russian Federation) into transactions without extraction of natural resources and transactions with extraction of natural resources. It justifies the new approach to completing transactions with the extraction of natural subsoil resources via digital platforms, discloses the essence and specificity of transactions with the extraction of natural resources completed via digital platforms. The analysis is based on the example of service risk transactions carried out during geological survey, exploration and mining of hydrocarbon resources. The study is based on the author’s concept of transactions via a digital platform in the Russian Federation.
Keywords: digital economy, transactions via digital platform, transaction with natural resources, digital footprints of facts, service risk, principle of freedom of contract
Bibliographic list of articles
1. Constitution of the Russian Federation // Rossiyskaya Gazeta. – No. 237. – December 25, 1993
2. Civil Code of the Russian Federation (part one) dated November 30, 1994 No. 51-FZ // SZ RF. – 05.12.1994. – No. 32. – Art. 3301.
3. Law of the Russian Federation of December 21, 1992 No. 2395-1 “On subsoil” // Russian newspaper. – No. 102. – May 5. – 1992
4. Federal Law of November 28, 2011 No. 335-FZ “On Investment Partnership” // SZ RF. – 05.12.2011. – No. 49 (part 1). – St. 7013.
5. Federal Law of April 1, 2022 No. 75-FZ “On agreements concluded during geological study, exploration and production of hydrocarbons, and on amendments to the Law of the Russian Federation “On Subsoil” // SZ RF. – 04/04/2022. – No. 14. – Art. 2188.
6. Antonova N. A. Civil legal problems of insurance of business risk: abstract. dis. Ph.D. legal Sci. – Rostov-on-Don, 2003. – 30 p.
7. Bagdasarova A.V. Concession agreement in civil law of Russia and foreign countries: abstract. dis. …cand. legal Sci. – M., 2009. – 32 p.
8. Baybekova E. F. Production sharing agreement as a civil law agreement in the field of investment activity: abstract. dis. …cand. legal Sci. – Kursk, 2014. – 26 p.
9. Bardin A. A., Kuvshinov E. S. Agreement on service risks. New trends in legal regulation // Mineral Resources of Russia. Economics and Management. – 2021. – No. 1-6. – C. 95-100.
10. Bogolyubov S. A. Land legislation and the Concept of development of civil legislation // Journal of Russian Law. – 2010. – No. 1. – P. 38-47.
11. Braginsky M.I., Vitryansky V.V. Contract law. Book three: Contracts for the performance of work and provision of services. – M.: Statute, 2002.
12. Brinchuk M. M. Special legal regime of natural resources: the concept of nature as a national heritage // Environmental law. – 2021. – No. 6. – P. 3 – 10.
13. Grin O. S., Grin E. S., Solovyov A. V. Legal design of a smart contract: legal nature and scope of application // Lex Russica. – 2018. – No. 8.
14. Danilova N.V. State property rights to subsoil: abstract. dis. …cand. legal Sci. – Tyumen, 2003. – 22 p.
15. Dudikov M.V. Features of a contract for the performance of work related to the use of subsoil // Legal world. – 2007. – No. 1.
16. Zankovsky S.S. Entrepreneurial agreements in Russia. Problems of theory and legislation: dis. … Doctor of Law. – M., 2004. – 398 p.
17. Ioffe O. S. Law of Obligations. – M., Law. lit., 1975. – 880 pp.
18. Koldaev S.V. Contractual forms of subsoil use: abstract of thesis. …cand. legal Sci. – M., 2005. – 32 p.
19. Laptev V.V. Subject and system of economic law. – M. 1969. Quoted. by: V.V. Laptev Entrepreneurial (economic) law. Selected works. – Ekaterinburg: Business, management and law, 2008.
20. Naletov K. I. Licensing and contractual legal forms of subsoil use in the Russian Federation and abroad: authorf. dis. …cand. legal Sci. – M., 2006. – 26 p.
21. Reznikova V.V. Production sharing agreement: civil legal aspects of subsoil use: abstract. dis. …cand. legal Sci. – M., 2006. – 25 p.
22. Sadikov O. N. Some provisions of the theory of Soviet civil law // Soviet state and law. 1966. No. 9 @@ Sadikov O. N. Issues of civil law and private international law: Selected works. – M.: IZiSP under the Government of the Russian Federation: Publishing House Jurisprudence, 2015.
23. Sidorov I. N. Institutes of mining law // Environmental law. – 2019. – No. 3. – pp. 18-22.
24. Smolina O. S. The concept of transactions through a digital platform in the light of improving the Civil Code of the Russian Federation // Eurasian Legal Journal. – 2019. – No. 8. – P. 120-126.
25. Smolina O. S., Tarasova I. N. Credit transactions through a digital platform: freedom of agreement and its form // Eurasian Legal Journal. – 2020. – No. 2. – P. 210-213.
26. By the decision of the Supreme Court of the Russian Federation dated December 20, 2021 No. 302-ES21-21096.
27. Resolution of the Arbitration Court of the Far Eastern District dated 04/07/2023 No. F03-946/2023 in case No. A37-1085/2021.
28. Resolution of the Arbitration Court of the East Siberian District dated July 23, 2021 No. F02-3642/2021 in case No. A58-12965/2018.
29. Muzellec L., Ronteau S., Lambkin M. Two-sided Internet platforms: A business model lifecycle perspective // Industrial Marketing Management, Volume 45, February 2015, Pages 139-150 // https://www.sciencedirect. com/science/article/abs/pii/S0019850115000474 (date of access: 01/16/2023).
30. Rohn D., Bican P. M., Brem A., Kraus S., Clauss T. Digital platform-based business models – An exploration of critical success factors // Journal of Engineering and Technology Management, Volume 60, April–June 2021, 101625 // https://www.sciencedirect.com/science/article/abs/pii/S092347482100014X (date of visit: 01/16/2024).
CIVIL LAW
STARTSEVA Svetlana Vasiljevna
senior lecturer of Legal support of economic activity sub-faculty of the Institute of Law of the Samara State University of Economics
INDIVIDUAL ISSUES OF RECOGNITION OF A CITIZEN AS LEGALLY INCOMPETENT
In the Russian Federation, human and civil rights are proclaimed a fundamental value, and the protection of rights and legitimate interests is elevated to a number of priority policy directions of any modern state. An integral part of legal capacity is the ability to exercise one’s rights. However, duties play an equally important role in the functioning of the system, since for the harmonious functioning of state institutions and the building of a legal society, it is important not only to respect rights, but also to correspondingly comply with duties. Thus, building a rule of law requires a high level of legal awareness and responsibility from each participant in legal relations. Persons recognized as legally incompetent need special legal protection due to the fact that they cannot independently protect their interests. In the course of the work carried out, an analysis of civil studies in the field of recognizing a person as legally incompetent and a systematic analysis of law enforcement practice was carried out. Based on the results of the analysis, the author came to the conclusion that it is necessary to supplement art. 29 of the Civil Code of the Russian Federation with a provision on the need to include information about the incapacity of a citizen in the appropriate register in order to eliminate the risks of violation of the rights of incapacitated persons, as well as to supplement Article 284 of the CPC of the Russian Federation with a provision on the mandatory participation of a lawyer in the process where the issue of determining the legal capacity of a person is being resolved.
Keywords: legal capacity, limitation of legal capacity, recognition of a person as legally incompetent, mandatory participation of a lawyer, register of incapacitated persons.
Bibliographic list of articles
1. Ovchinnikova O. D., Shaganyan A. M. Legal obligations through the prism of theoretical and legal analysis of the provisions of the Constitution of the Russian Federation // Bulletin of Tomsk State University. Right. 2018. No. 27. pp. 46-55.
2. Akimova S. B. Legal capacity in civil law // Science. Society. State. 2019. No. 1 (25).
3. Uteva Ya. V. Concept and grounds for limiting the legal capacity of a citizen // International Journal of Humanities and Natural Sciences. 2021. No. 10-4.
4. Sych D.V. Restriction and deprivation of legal capacity: concept and consequences // StudNet. 2020. No. 3 (12).
5. Kantor P. Yu. Issues of representation of disabled people with mental disorders in court // Social and pension law. 2021. No. 3.
6. Mirzoyan V. G. Problems of recognition as a citizenand incompetent // Issues of Russian justice. 2022. No. 19.
7. Shagivalieva I. D. The problem of limiting the legal capacity of citizens // E-Scio. 2020. No. 11 (50).
CIVIL LAW
KHAZEEVA Laysan Ildarovna
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Bashkir Academy of Public Administration and Management under the Head of the Republic of Bashkortostan
FEATURES OF THE LEGAL REGULATION OF THE WORK OF THE HEAD OF THE ORGANIZATION
The research examines the problems of legal regulation of the work of the head of the organization. The author touches upon some controversial issues of the legal nature of the employment contract with the head of the organization, who is the sole founder of the legal entity. The article identifies gaps in legislation related to the deadline for the validity of a fixed-term employment contract, as well as additional grounds for termination of an employment contract with the head of an organization. The necessity of improving the normative legal acts regulating the activities of the specified special subject of labor relations is substantiated.
Keywords: head of the organization, special subject, conclusion of an employment contract, fixed-term employment contract with the head of the organization, additional grounds for termination of the employment contract.
Bibliographic list of articles
1. Abakumova E. B. Specifics of civil and labor legal relations between the general director and the business entity, part 1 // Legal Bulletin of the DSU. – 2021. – No. 2. T. 38. – P. 64-67.
2. Alekseeva G. I., Prizhennikova A. N. What the head of an organization needs to know: legal and accounting aspects // Accounting in budgetary and non-profit organizations. – 2014. – No. 21. – P. 32-38.
3. Bogdanov A.V. Legal structure of the agreement between a joint-stock company and the person performing the functions of its sole executive body // Bulletin of Perm University: Series “Legal Sciences”. – 2011. – No. 2 (12). – pp. 85–90.
4. Zavgorodniy A.V. Peculiarities of termination of an employment contract with employees without indicating the reasons for dismissal // Bulletin of St. Petersburg University. – Ser. 14. – Issue. 3. – 2012. – pp. 58-73.
5. Kuznetsova V.V. Features of termination of an employment contract with the head of an organization: dis. …cand. legal Sci. – Moscow, 2015. – 212 pp.
6. Kuznetsova V.V. Labor of the head of the organization. Legal regulation / pod. ed. Yu. P. Orlovsky. – M.: CONTRACT, 2016. – 156 p.
7. Martirosyan E. V. Legal status of the head of the organization // Labor Law. – 2000. – No. 1. – P. 4-12.
8. Sergeenko Yu. S. Labor legal personality of individuals holding positions of the head of an organization // Labor law in Russia and abroad. – 2010. – No. 2. – P. 12–16.
9. Shitkina I. S. The relationship between corporate and labor legislation in regulating the legal status of individual and members of collegial executive bodies // Economy and Law. – 2007. – No. 2. – P. 52-60.
10. Shuraleva S.V. Labor law of Russia: textbook. – Perm, 2020. – 145 p.
CIVIL LAW
YASTREMSKIY Ivan Anatoljevich
Lawyer of the regional bar association, branch of the Law Firm “Pelevin and Partners”
CIVIL LAW FEATURES OF PERFORMING PLASTIC SURGERY FOR MINORS
The article explores the concept of children’s plastic surgery, characterizes its types. The conditions for the independent provision of consent to medical intervention to minors are disclosed. It is noted that a minor patient must obtain the consent of his legal representatives to conclude a contract for the provision of medical services. A transaction with a minor made without the consent of his parents is disputed. In addition, parents have the right to receive information about the child’s health status. It is concluded that patients under the age of 18 should not undergo procedures to change or improve their appearance, unless it corresponds to their medical and/or psychological interests. The child has sufficient understanding and intelligence to fully understand the possible risks and consequences of the operation.
Keywords: plastic surgery, cosmetic surgery, minor, child, parents, consent, contract.
Bibliographic list of articles
1. Asadova S., Aleynikova E. Rules for a teenager concluding a contract for paid medical services. Legal subtleties, parental consent. [Electronic resource]. – Access mode: https://zakonguru.com/medicina/dogovor-meduslugi.html (date of access: 08.11.2023).
2. Bazhenov N. O., Ivanenko N. S. Legal aspects of informed voluntary consentlasia // Med. right. 2012. No. 6.
3. Mandryka E. A. Some problems of implementing the rights of minors in the provision of medical care // Medical law: theory and practice. 2015. T. 1. No. 1 (1).
4. Rabetz A.M. Participation of minors in contractual relations for the provision of medical services: legal possibilities and limits // The Power of the Law. 2022. No. 1 (49). pp. 88-101.
5. Salagaeva E. S. Legal regulation of the provision of medical services to minors: abstract. dis. …cand. legal Sci. M., 2007.
6. Sokolova N. A. Some aspects of ensuring the rights of minors in the provision of medical care. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/nekotorye-aspekty-obespecheniya-prav-nesovershennoletnih-grazhdan-pri-okazanii-meditsinskoy-pomoschi?ysclid=loq3ss6iru254137873 (access date: 11/08/2023).
7. Urvantseva S. O., Grebneva P. A., Suslova V. S. Realization of the right of minors to voluntary informed consent // Medical education today. 2020. No. 3 (11). pp. 84-94.
8. Khamitova G. M. Some problems of legal regulation of the rights and freedoms of minor patients. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/nekotorye-problemy-pravovogo-regulirovaniya-prav-i-svobod-nesovershennoletnih-patsientov (date of access: 11/08/2023).
CIVIL LAW
KARYUKIN Maxim Igorevich
postgraduate student of Civil law and process and international private law sub-faculty of the Patrice Lumumba Peoples’ Friendship University of Russia
A SIGNIFICANT CHANGE IN CIRCUMSTANCES AS THE BASIS FOR CHANGING OR TERMINATING THE CONTRACT
The article discusses the provisions concerning a significant change in circumstances as grounds for changing or terminating a contract in the Russian Federation. It is shown how law enforcement practice directly affects the formation of specific contracts in order to reduce the number of court proceedings and waste valuable resources. The author also substantiates the need to provide for significant circumstances related to changes in the economic, social and political spheres aimed at reducing the number of contracts being amended and terminated.
Keywords: significant change in circumstances, judicial practice, modification and termination of the contract, civil law.
Bibliographic list of articles
1. Zarya A. A. Change and termination of the contract in connection with a significant change in circumstances // Issues of Russian justice. – 2021. – No. 14. – P. 178-196.
2. Ovchinnikov A. A., Samokhina E. A. Significant change in circumstances as a basis for termination of a contract: problems of judicial practice // Issues of Russian and international law. – 2023. – Volume 13. No. 3A. – pp. 465-473.
3. Khaleeva Ya. O. Problems of changing and terminating a contract due to a significant change in circumstances // Bulletin of the Magistracy. – 2018. – No. 5-4. – pp. 188-189.
CIVIL LAW
SVETLICHNY Artur Vladimirovich
postgraduate student of the Patrice Lumumba Peoples’ Friendship University of Russia
EVOLUTION OF DEVELOPMENT OF LEGISLATION ON THE TRANSPORTATION OF PASSENGERS AND BAGGAGE IN DIRECT MIXED COMMUNICATIONS INVOLVING RAILWAY TRANSPORT
This work is a study of differences in the legal regulation of freight and passenger transportation, as well as their impact on the development of the transport industry. The study is based on an analysis of legislation, historical data and current trends in the transport sector. The work examines in detail the historical context of the development of transportation, from the 19th century to the present. Particular attention is paid to the General Charter of Russian Railways of 1885, which initially established standards for transportation by direct mixed traffic, and subsequent legislative acts regulating this area. The author analyzes in detail the factors that determine the difference in the regulation of freight and passenger transport, such as investments in transport infrastructure, market needs and organizational aspects of transport. Based on the analysis, the paper concludes that it is necessary to develop a separate law on direct multimodal transport, taking into account modern challenges and needs of the transport industry. Such a law should establish clear rules and regulations for the organization and implementation of direct multimodal transport, promoting the development of transport infrastructure and ensuring convenience and safety for passengers and cargo.
Keywords: transportation; direct mixed traffic; combined transport; multimodal transportation; history of development of transportation legislation; railway transport.
Bibliography
1. Vengerov A. B. Theory of state and law: Textbook. for legal universities M.: New Lawyer, 1998. P. 323.
2. Transport law. General part: textbook / Answer. ed. N. A. Dukhno, A. I. Zemlin. M.: Legal Institute of MIIT, 2017. 259 p.
3. History of railway transport in Russia. T. I: 1836-1917. / G. M. Fadeev, S. V. Amelin, F. K. Bernhard, G. I. Bogdanov [etc.]. M., 1994. 336 p.
4. Official Internet portal of legal information: website. – [Electronic resource]. – Access mode: http://pravo.gov.ru/proxy/ips/?empire_iframe&bpas=303 (access date: 12/19/2023). – Text: electronic.
5. Wikipedia – free encyclopedia: website. – [Electronic resource]. – Access mode: https://ru.wikipedia.org/wiki/Code_of_laws_of_the_Russian_Empire (access date: 12/19/2023). – Text: electronic.
6. National Electronic Library: website. – [Electronic resource]. – Access mode:: https://rusneb.ru/catalog/000200_000018_RU_NLR_DIGIT_119345 (access date: 12/19/2023). – Text: electronic.
7. Presidential Library: website. – [Electronic resource]. – Access mode: https://www.prlib.ru/history/619336 (access date: 12/19/2023). – Text: electronic.
8. Decree of the Council of People’s Commissars of the RSFSR dated June 28, 1918 “On the nationalization of the largest enterprises in the mining, metallurgical and metalworking, textile, electrical, sawmill and wood finishing, tobacco, glass and ceramic, leather, cement and other industries, steam mills, enterprises for local improvement and enterprises in the field of railway transport” // SPS ConsultantPlus
9. Decree of the Council of People’s Commissars of the RSFSR of August 16, 1920 “General Charter of the Railways of the R.S.F.S.R.” // SPS ConsultantPlus
10. Decree of the Council of People’s Commissars of the RSFSR dated June 12, 1922 “On the transportation of passengers and cargo. Railway Charter R.S.F.S.R.” // SPS ConsultantPlus
11. Resolution of the Council of People’s Commissars of the USSR of May 24, 1927 “On the implementation of the Charter of the Railways of the USSR” // SPS ConsultantPlus
12. Resolution of the Council of People’s Commissars of the USSR dated February 10, 1935 No. 232 “On approval of the Charter of Railways of the USSR” // SPS ConsultantPlus
13. Resolution of the Council of Labor and Defense of the USSR dated June 4, 1934 No. 573 “On the mutual responsibility of railways and shipping companies for the implementation of cargo transshipment plans in direct mixed railway-water communication” // SPS ConsultantPlus
14. Resolution of the USSR Council of Ministers of December 8, 1954 No. 2414 “On approval of the Charter of Railways of the USSR” // SPS ConsultantPlus
15. “Rules for the transportation of goods in direct mixed railway-water communication”, approved by the Ministry of Railways of the USSR, the Ministry of Marine Fleet of the USSR, the Ministry of River Fleet of the RSFSR on April 17/24 , 1956 // SPS ConsultantPlus
16. Resolution of the Council of Ministers of the USSR dated April 6, 1964 No. 270 “Charter of Railways of the USSR” // SPS ConsultantPlus
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18. Federal Law of January 10, 2003 No. 18-FZ “Charter of Railway Transport of the Russian Federation” // SPS ConsultantPlus
19. “Civil Code of the Russian Federation (Part Two)” dated January 26, 1996 No. 14-FZ // SPS ConsultantPlus
20. Official website for posting information on the preparation by federal executive authorities of draft regulatory legal acts and the results of their public discussion: website. – [Electronic resource]. – Access mode: https://regulation.gov.ru/Regulation/Npa/PublicView?npaID=102210 (access date: 12/21/2023). – Text: electronic.
CIVIL LAW
STARTSEVA Svetlana Vasiljevna
senior lecturer of Legal support of economic activity sub-faculty of the Institute of Law of the Samara State University of Economics
LIABILITY FOR BREACH OF OBLIGATIONS IN BUSINESS ACTIVITIES
The relevance of compensation for moral damage to subjects of civil turnover in violation of their rights is determined by the fact that despite a fairly long time period of existence of such compensation in the legislation of the Russian Federation and extensive law enforcement practice, there are still a number of issues requiring more detailed understanding, which cause a lot of controversy, both in the theory of civil law and in law enforcement practice. The effectiveness of legal protection of the legitimate interests of citizens depends on determining the degree of harm and, accordingly, the amount of compensation itself. The degree of legal protection of personal non-property rights shows the level of development of the state. There are several opinions about the legal nature of compensation for moral damage. These circumstances require further research in the field of compensation for moral damage. In the course of the work carried out, an analysis of civil studies in the field of compensation for moral damage and a systematic analysis of law enforcement practice were carried out. Based on the results of the analysis, the author came to the conclusion that it is necessary at the legislative level to fix the procedure for calculating the amount for specific cases, clear criteria are necessary for calculation, as well as the obligation of the court to take into account the mental state and life circumstances of the victim.
Keywords: compensation for moral damage, violation of non-property rights, normative act, justice, responsibility.
Bibliographic list of articles
1. Tsivilev K.V. On the issue of collecting compensation for moral damage // Issues of Russian justice. 2023. No. 29. pp. 198-205.
2. Lyskov V.K. The problem of compensation for moral damage as a way to protect civil rights // Public service and personnel. 2021. No. 2. P. 216-218.
3. Romanenko Yu. V. The concept and legal nature of moral harm // Bulletin of Science. 2021. T. 2. No. 12 (45). pp. 108-114.
4. Karpovets A. S., Startseva S. V. Analysis of judicial practice on the issue of compensation for moral harm // International Journal of Humanities and Natural Sciences. 2022. No. 12-1. pp. 139-141
5. Methodological recommendations for determining the amount of compensation for moral damage in cases of attacks on the life, health and physical integrity of a person. Moscow: M-Logos, 2023. 82 p.
CIVIL LAW
YASTREMSKIY Ivan Anatoljevich
Lawyer of the Leningrad regional bar association, branch of the Law Firm “Pelevin and Partners”
THE LEGAL SIGNIFICANCE OF FORENSIC MEDICAL EXAMINATION OF DISPUTES BETWEEN A PATIENT AND A PLASTIC SURGERY CLINIC IN COURTS OF GENERAL JURISDICTION
The article examines the legal significance of forensic medical examination of disputes between a patient and a plastic surgery clinic in courts of general jurisdiction. The concept and consequences of defects in medical care are disclosed. The grounds of the proceedings, the concept, the essence of the forensic medical examination are given, its significance for the fair resolution of a civil case is analyzed. The issues for the solution of which the forensic medical examination have been clarified. It is noted that failure to comply with the procedures and standards of medical care does not always mean its defect. It is not determined if the manipulations are performed correctly, but due to the individual characteristics of the patient, the risk inherent in surgical intervention has manifested itself. It was revealed that the main condition for the recognition of a medical care defect in the expert opinion is a violation by a doctor of the rules of medical manipulation technique. Examples from judicial practice are considered, confirming that the patient should 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 appropriate quality. The result is related to the specific clinical situation, the characteristics of the plaintiff’s body. If it follows from the expert opinion that the defendant made defects in the provision of medical care, the court will conclude that the plaintiff was provided with a substandard service. It is concluded that in such cases, the experts involved by the court should first of all establish the fact of the inadequate quality of this service, and then – their consequences. It is indicated that the relationship between cause and effect depends on the totality of a set of sufficient and clear criteria.
Keywords: plastic surgery, medical care, operation, forensic medical examination, examination, expert, harm to health, defect of medical care, causal relationship.
Bibliographic list of articles
1. Bozhchenko A.P. Professional offenses of medical workers: problems and trends in matters of appointment, production and evaluation of forensic medical examinations // Medical Law. – 2022. – No. 4. – P. 3-7 @@ Bozhchenko A. P. Professional offenses of medical workers: problems and trends in the appointment, production and evaluation of forensic medical examinations // Medical Law. – 2023. – No. 1. – P. 6-10.
2. Ershova G.V., Parfenov Yu.A., Sapozhnikov K.V. Forensic medical examination of assessing the severity of harm to health in modern criminal proceedings // Russian investigator. – 2019. – No. 11.
3. Zhukov S.P., Viter V.I. Legal assessmentand medical evidence. – Izhevsk, 2004.
4. Kovalev A.V. The procedure for conducting a forensic medical examination and establishing cause-and-effect relationships based on the failure to provide or improper provision of medical care: methodological recommendations. – Moscow: RTSSME, 2015.
5. Kratenko M. V. The problem of uncertainty of causality in “medical affairs” and ways to solve it. (On the issue of the evidentiary value of expert opinion) // Forensic medical examination. – 2022. – No. 1.
6. Prahova A. Yu. The problem of causality in the forensic medical assessment of violations committed during the provision of medical care // Current issues of forensic medical examination. The view of young scientists: Materials of the IX All-Russian (with international participation) scientific and practical conference, students, residents, graduate students, young scientists, dedicated to the year of science and technology in the Russian Federation, (April 30, 2021, Perm) / Ed. K. V. Shevchenko, D. V. Borodulina. – Perm, 2021.
7. Starchikov M. Yu. Civil regulation of relationships in the field of health care: problematic issues and judicial practice: scientific and practical guide // SPS ConsultantPlus. – 2022.
8. Timofeev I.V. Cause-and-effect relationships of medical intervention and negative outcome in clinical practice (medical aspect of the problem and analytical conclusion – message 2) // Medical Law. – 2022. – No. 1.
CIVIL LAW
ALIBEKOV Daniyal Ibrahimovich
student of the Institute of Law of the Dagestan State University, Makhachkala
STATE REGISTRATION OF LAND IN THE RUSSIAN FEDERATION
State registration of rights to land plots is an important stage in the acquisition and use of land resources in the Russian Federation. The article examines the main stages of state registration of rights to land plots, and also identifies the features associated with this process in various conditions. Understanding the features of state registration of rights to land plots will allow citizens and legal entities to more effectively carry out the process of acquiring and using land resources in the Russian Federation. This study explores the potential of using blockchain technology to improve transparency across all land administration processes using a due diligence methodology combined with framework analysis.
Keywords: state registration, land plot, turnover of land plots, features of state registration of rights to land plots, blockchain, information technology.
Bibliographic list of articles
1. Federal Law of July 13, 2015 No. 218-FZ (as amended on August 4, 2023) “On State Registration of Real Estate” (as amended and supplemented, entered into force from October 1, 2023)
2. Braginsky M.I. Commentary on the Law of the Russian Federation “On state registration of rights to real estate and transactions with it.” M., 2019.
3. Sidora V., Features of state registration of rights to land plots in the Russian Federation // GiP. 2019. No. 3.
4. Romanov O. State registration of rights to land plots in the Russian Federation: some problems of law enforcement // HiP. 2019. No. 7 and No. 8.
5. Syrodoev N. A. Registration of rights to land and other real estate // GiP. 2018. No. 8.
6. Syrykh E.V. Land law. M.: Justitsinform, 2020.
7. Kovaleva N. A. Practice of state regulation of the use of blockchain technologies and its improvement based on foreign experience // Economics. Taxes. Right. 2019. T. 12. No. 4. P. 87-93. EDN: VNZXGS. [Electronic resource]. – Access mode: https://doi.org/10.26794/1999-849X-2019-12-4-87-93
8. Kovaleva N. A. Practice of state regulation of the use of blockchain technologies and its improvement based on foreign experience // Economics. Taxes. Right. 2019. T. 12. No. 4. P. 87-93. EDN: VNZXGS. [Electronic resource]. – Access mode: https://doi.org/10.26794/1999-849X-2019-12-4-87-93
9. Yarkin M. S., Burtseva E. V. Blockchain technology – a platform for land transactions // Research Innovations 2020. Collection of articles of the II International Research Competition. Petrozavodsk, 2020. pp. 83-92. EDN:IXRHLM
CIVIL LAW
BABAEV Emil Afikovich
posgraduate student, Specialty: 5.1.3 Private Law (Civil) Sciences of the Moscow Financial-Industrial University “Synergy”, senior lawyer of Franchising Department of the “French Bakery Sedelice”
CROSS-BORDER FRANCHISING AGREEMENT IN THE CONTEXT OF NEW ECONOMIC TRENDS OF THE 21ST CENTURY
The article is a study of modern challenges and opportunities faced by participants in cross-border franchising transactions in the modern economy. The author analyzes the main aspects of cross-border franchising agreements in modern conditions, identifies the features of legal regulation and international cooperation, and also offers practical recommendations for participants in this type of business. The purpose of this article is to present franchising as a profitable business model, discuss its role, advantages and specifics of regulation.
Keywords: franchising, concession agreement, civil law, corporate law, business.
Bibliographic list of articles
1. Kulikov I.V. Legal regulation of cross-border franchising, mag. dis. 2022. – P. 6.
2. International private law / Ed. G. K. Dmitrieva. – M.: Prospekt, 2021. – P. 369.
3. Klimova S. V. Legal regime of franchising in national and international circulation: abstract. dissertation… Ph.D. – 2010. – P. 24.
CIVIL LAW
BASHKIROV Ilya Andreevich
magister student of the 2nd course of Computer law and information security sub-faculty of the Higher School of Public Audit of the Moscow State University
ADDITIONAL SOURCES OF PERSONAL DATA REGULATION: COMPARISON OF USA’S AND RUSSIAN EXPERIENCE
The article analyzes the legislation of the Russian Federation in order to identify additional sources of regulation of personal data as a complex legal institution. Personal data as a subject of regulation is considered not only from the point of view of an independent legal category, but also from the point of view of actual and technical operations with them. The complex structure of acts regulating personal data in a broad sense is revealed.
Keywords: personal data, regulation, legislation, rights in the information society.
Bibliographic list of articles
1. Vinogradova V. L., Khudyakova N. S., Milovanova L. R. Protection of personal data in Russia: methods and technologies for compliance with the regulation of personal data // Skif. – 2023. – No. 8.
2. Gorkovaya O. P., Petrov A. V. Socially responsible business and the implementation of sustainable development goals in Russia as an opportunity to reduce compliance risks // Society. Wednesday. Development (Terra Humana). – 2019. – No. 1 (50).
3. S. Boyne, “Data Protection in the United States” // The American Journal of Comparative Law. – 2018. – 332 rub.
4. O. Gstrein and A. Beaulieu, “How to protect privacy in a data-fied society? A presentation of multiple legal and conceptual approaches” // Philosophy & Technology. – 2022. – 199 RUR
5. Electronic resource: California Legislative Information. [Electronic resource]. – Access mode: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1798.160.&highlight=true&keyword=privacy.
6. Pisarev V.V. Implementation of the concept of comprehensive regulation of the circulation of personal data in the USA at the federal level // Legal science. – 2022. – No. 9.
7. Proskuryakova M.I. Constitutional and legal framework for the protection of personal data in Russia // Bulletin of St. Petersburg State University. Episode 14. Law. – 2016. – No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/konstitutsionno-pravovye-ramki-zaschity-personalnyh-dannyh-v-rossii (date of access: 05/11/2024).
8. Maistrenko G. A., Maistrenko A. G. Sources of legal regulation of the protection of personal data of an employee in Russia // Legal Bulletin. – 2020. – No. 1.
9. Electronic resource official website of Roskomnadzor. [Electronic resource]. – Access mode: https://54.rkn.gov.ru/protection/p32604/
10. Soldatova G. U., Teslavskaya O. I. Personal data and children: security issues // Epoch of Science. – 2017. – No. 12.
CIVIL LAW
DEREVYANKO Olga Viktorovna
postgraduate student of Civil law sub-faculty of the Faculty of Law of the A. I. Herzen Russian State Pedagogical University
DIVORCE IN COURT: KEY FEATURES OF DIVORCE PROCEEDINGS
This article analyzes the peculiarities of divorce proceedings in court, with a focus on legal and procedural aspects of the divorce process. In the context of changing sociocultural norms and an increased need to protect the rights and interests of spouses, the study of this topic becomes particularly relevant. The article examines various international and national legal norms that influence the divorce process and emphasizes the importance of adapting legislation to contemporary social changes. It discusses the legal nature of the right to divorce through the courts, the procedural order for considering divorce cases in Russia, and proposed measures to improve Russian family law. Special attention is paid to the need to increase the time frame for spousal reconciliation and introduce mandatory conciliation measures, which could contribute to reducing divorce rates and fostering a more responsible apProach to marriage.
Keywords: divorce, court proceedings, divorce process, family law, protection of spousal rights, procedural order, strengthening the institution of marriage.
Bibliographic list of articles
1. Izmailov, V.V. Divorce as a way to protect family rights of citizens: abstract. dis. …cand. legal Sciences: 12.00.03. – M., 2013. – 24 p.
2. Kovtun Yu. A. Grounds for divorce in court // Science and education: domestic and foreign experience: collection of articles of the XXV International Scientific and Practical Conference, Belgorod, November 25, 2019. – Belgorod, 2019. – pp. 73-75.
3. Krasheninnikov E. A. The right to claim // Problems of improving legislation on the protection of subjective civil rights. – 2015. – pp. 5-12.
4. Izmailov V.V. Legal nature and some problems of divorce in Russia // Prologue: a magazine about law. – 2018. – No. 3 (19). – pp. 45-49.
5. Dobrovolsky A. A. Claim form of protection of rights: (Basic issues of the doctrine of claims). – M.: Moscow State University Publishing House, 1965. – 186 p.
6. Family law: textbook / Ed. P. V. Krasheninnikova. – 4th ed., revised. and additional – M.: Statute, 2019. – 292 p.
7. Dzhavatkhanova M. Kh. Divorce in court. Grounds, reasons and motives for divorce // Problems of improving legislation: a collection of scientific articles by students of the law faculty of SKI (f) VSUYU (RPA of the Ministry of Justice of Russia). – Makhachkala, 2019. – Volume Issue 79/19. – pp. 81-85.
8. Eremin D. A. On the issue of the specifics of divorce in court in the absence of the consent of one of the spouses: comparative legal analysis of the legislation of the Russian Federation and Ukraine // Law of the Donetsk People’s Republic. – 2020. – No. 1 (17). – pp. 10-14.
9. Sirenchenko D. R. Divorce in court // Man: crime and punishment: collection of materials of the International scientific and theoretical conference of adjuncts, graduate students, applicants, cadets and students, Ryazan, March 27, 2020: at 3 o’clock – Ryazan , 2020. – Part 1. – pp. 130-134.
10. Dubrovskaya T.V. On the issue of legal regulation of divorce in Russia // Rule of law: theory and practice. – 2019. – No. 2 (56). – pp. 103-110.
CIVIL LAW
KOLOMIETS Viktor Alexandrovich
postgraduate student of the Novosibirsk State University of Economics and Management
HISTORICAL DEVELOPMENT OF THE INSTITUTION OF JUDICIAL REPRESENTATION
The relevance of the article is related to the need to consider the formation of the institution of judicial representation and the identification of the main periods in its development. The author examines the views of legal scholars on the understanding of “judicial representation”, as well as the types of periodization of its stages in historical retrospect. The conclusion is made about the need to improve this institution and suggestions are made.
Keywords: attorney, activity, representative, legal relationship, lawyer, legal institute, court, CPC of the Russian Federation.
Bibliographic list of articles
1. Bychikhin A.V., Rubanov S.A. Historical aspect of the development of the institution of judicial entrepreneurship // Current research. – 2019. – No. 1. – pp. 24-28
2. Gavrilov S. N. Advocacy in the Russian Federation. – M.: Jurisprudence, 2000. – 287 p.
3. Kiselyov O. Yu. Judicial representation as an institution for the implementation of the right to judicial protection // Young scientist. – 2020. – No. 47. – P. 294-295.
4. Safin D. A. The Institute of Judicial Representation as a Way to Realize the Right to Judicial Protection: Historical and Theoretical-Legal Analysis // Social institutions in the legal dimension: theory and practice. – 2019. – No. 1. – P. 78-82.
5. Sovetkina A. S. Historical and legal analysis of the institution of judicial representation: problematic aspects // International Journal of Humanities and Natural Sciences. – 2021. – No. 12-3 (63). – pp. 135-137.
6. Tabak I. A. New provisions of judicial representation in civil proceedings: abstract of thesis. … candidate of legal sciences. – Saratov, 2006. – 30 p.
7. Titov Yu. P. Reader on the history of state and law. – M.: Prospekt, 2005. – 463 p.
8. Fedorova N. A. Stages of formation of the institution of judicial representation in domestic civil proceedings // Law: history, theory, practice. Collection of articles and materials of the international scientific and practical conference. – Bryansk, 2022. – pp. 254-265.
9. Kryuchkov M. S. History of the emergence and development of the institution of representation // Politics, state and law. – 2014. – No. 7. [Electronic resource]. – Access mode: https://politika.snauka.ru/2014/07/1788 (date of access: 04/29/2024).
10. Shlepkov K. D. The Institute of Judicial Representation in Russia before the Judicial Reform of 1864. — Text: directlytvenny // Young scientist. – 2022. – No. 52 (447). – pp. 304-306. [Electronic resource]. – Access mode: https://moluch.ru/archive/447/98420/ (date of access: 05/02/2024).
CIVIL LAW
SOLOD Kseniya Artemovna
student of the Department of Legal Regulation of Economic Activities of the Financial University under the Government of the Russian Federation
CURRENT ISSUES AND DIRECTIONS FOR IMPROVING THE LEGISLATION OF THE RUSSIAN FEDERATION REGARDING THE ACTIVITIES OF AGGREGATORS OF GOODS AND SERVICES AND THE LEGAL STATUS OF THEIR OWNERS
The article analyzes current issues and directions for improving legislation on the activities of goods and services aggregators and the legal status of their owners. Judicial practices regarding the activities of marketplaces in Russia are examined, identifying key regulatory problems and proposing measures to strengthen the accountability of aggregators. Disputes over the quality of goods and return conditions are discussed, emphasizing the need for legislative changes to protect consumer rights. Directions for improving legislation in the Russian Federation on the activities of goods and services aggregators and the legal status of their owners are proposed.
Keywords: Marketplace, owner of an aggregator of goods (services) information, electronic commerce, digital trade.
Bibliographic list of articles
1. 445923-8 Bill “On Amendments to the Federal Law “On the Fundamentals of State Regulation of Trade Activities in the Russian Federation” and to Articles 12 and 18 of the Law of the Russian Federation “On the Protection of Consumer Rights” // State Duma. [Electronic resource]. – Access mode: https://sozd.duma.gov.ru/bill/445923-8 (access date: 03/01/2024)
2. 60% of Russians buy on marketplaces. The number of sellers has increased sevenfold in two years // Business Quarter, 03/11/2024. [Electronic resource]. – Access mode: https://www.dk.ru/news/237199705# (access date: 03/01/2024)
3. Blinova Yu. V., Utemova K. I. On some problems of legal regulation of marketplaces in Russia // Economics. Sociology. Right. – 2024. – No. 1 (33). – pp. 71-76.
4. A bill on state regulation of the work of marketplaces will be submitted to the State Duma // “Pravo.Ru”, 03/05/2024. [Electronic resource]. – Access mode: https://pravo.ru/news/251912/ (date of access: 03.26.2024).
5. The Supreme Court decided when the marketplace can cancel an order // “Pravo.Ru”, 09/05/2023. [Electronic resource]. – Access mode: https://pravo.ru/story/248476/ (access date: 04/01/2024).
6. Golovchenko O. N. Responsibility of marketplaces for violation of legislation on the protection of consumer rights // PRED. – 2023. – No. 4. – P. 13-20.
7. Case No. 2-760/2021 // World Court District No. 119 of Moscow. P. 2. [Electronic resource]. – Access mode: https://mos-sud.ru/119/cases/docs/content/ba2221b5-190f-478c-9ab8-7175dea29c1f (date of access: 03.15.2024).
8. Case No. 8G-35527/2022 [88-3310/2023 – (88-33479/2022)] // Second Cassation Court of General Jurisdiction of Moscow. [Electronic resource]. – Access mode: https://2kas.sudrf.ru/modules.php?name=sud_delo&srv_num=1&name_op=case&case_id=7839249&case_uid=f7b0ef8f-943e-4188-9982-90f145e6749a&new=2800001& delo_id=2800001 (date of access: 03/01/2024).
9. Information on case No. 02-1442/2023 // Tinkoff Magazine. [Electronic resource]. – Access mode: https://journal.tinkoff.ru/media/delo-no-02-1442_2023.t6hyleyqb1yx.pdf (date of access: 03.13.2024).
10. Marketing research “ECommerce market in Russia 2023: market assessment, trends and forecasts” // DataInsight, 10/11/2023. [Electronic resource]. – Access mode: https://datainsight.ru/DI_FedorVirin_EcomRetailWeek_2023 (access date: 03/01/2024)
11. Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 25, 2018 No. 49 “On some issues of application of the general provisions of the Civil Code of the Russian Federation on the conclusion and interpretation of a contract” // “ConsultantPlus”. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_314779/ (date of access: 04/01/2024).
12. Decision of the Avtozavodsky District Court of Tolyatti, Samara Region dated May 19, 2022 in case No. 2-1007/2022 // Judicial acts and decisions – Avtozavodsky District Court of Tolyatti (Samara Region). [Electronic resource]. – Access mode: https://sudact.ru/regular/court/reshenya-avtozavodskii-raionnyi-sud-g-toliatti-samarskaia-oblast/ (date of access: 03.14.2024).
CIVIL LAW
CHUKHADGAN Garnik Araevich
postgraduate student of the 1 year of study (scientific specialty 5.1.1 Theoretical and historical legal sciences) of the V. N. Tatishchev Astrakhan State University
INTERNATIONAL LEGAL ASPECTSOF INHERITANCE OF EXTORTIONATE PROPERTY
The article is devoted to the study of normative legal regulators of the international order, fixing the features of determining the status and fate of escheated property. Legal elements harmonized by domestic legislation have been recorded. Within the framework of the article, it was possible to establish two forms of legal structures in foreign legislation, in accordance with which the fate of escheated property is determined. Two concepts of the status of the state are presented regarding the potential possession of escheat property.
Keywords: inheritance, escheat, international legislation, foreign inheritance law.
Bibliographic list of articles
1. Convention on legal assistance and legal relations in civil, family and criminal matters (Concluded in Minsk on January 22, 1993) // Bulletin of International Treaties. – 1995. – No. 2.
2. Convention on legal assistance and legal relations in civil, family and criminal matters (Concluded in Chisinau on 10/07/2002). [Electronic resource]. – Access mode: http://www.consultant.ru (date of access: 03/17/2024).
3. Agreement between the Russian Federation and the Republic of Poland on legal assistance and legal relations in civil and criminal cases (signed in Warsaw on September 16, 1996) // Bulletin of International Treaties. – 2002. – No. 5. – P. 56-86.
4. German Civil Code of August 18, 1896 // Bürgerliches Gesetzbuch Deutschlands mit Einführungsgesetz trans. with him. / [IN. Bergmann, intro., comp.]; scientific ed. T.F. Yakovleva. – 4th ed., revised. (German and European Law Series; Book 1). 2015
5. Civil Code of France of March 21, 1804 [Electronic resource]. – Access mode: http://www.consultant.ru (date of access: 03/17/2024).
6. Civil Code of Japan of April 27, 1894 [Electronic resource]. – Access mode: http://www.wipo.int/wipolex/ru/details.jsp?id=2638 (date of access: 03/17/2024)
7. Federal Civil Code of the United Mexican States of August 30, 1928 [Electronic resource]. – Access mode: http://www.wipo.int/wipolex/ru/details.jsp?id=14507 (access date: 03/17/2024).
8. Azarevich E. A., Kaganer L. M. Escheatable property in private international law // Legal science. – 2021. – No. 7. – P. 15-20.
9. Shirochenko I. O. Regime of “escheatable property” in private international law // Sustainable development of science and education. – 2018. – No. 1. – P. 92-94.
10. Dicey and Morris. On the Confl ict of Laws. 10th ed. – London, 1980. – P. 611-612.
CIVIL PROCEDURE
AVDEEVA Ulyana Andreevna
student of the Hero of the Russian Federation, General of the Army E. N. Zinichev St. Petersburg State Fire Fighting Service University of the Ministry of Emergency Situations of Russia
ELMURZAEV Asoltan Valerjevich
Ph.D. in Law, associate professor, associate professor of Civil law sub-faculty of the General of the Army E. N. Zinichev St. Petersburg State Fire Fighting Service University of the Ministry of Emergency Situations of Russia
COSTS ASSOCIATED WITH THE CONSIDERATION OF THE CASE IN CIVIL PROCEEDINGS
This article discusses current issues related to the recovery of court costs in civil proceedings. The criteria, sizes, subject composition, as well as the reasons for the unjustified reduction or increase in the recoverable costs by the courts were determined. The identified paper problems and proposed ways to solve and improve them at the legislative level. In conclusion, it is concluded that it is impossible to consolidate an exhaustive list of costs associated with the consideration of the case, due to the variety of civil law disputes.
Keywords: civil proceedings, court costs, representation, legal services, presumption, reasonable amount.
Bibliographic list of articles
1. Belan V.V. The concept and composition of costs associated with the consideration of a case in modern civil proceedings in Russia // School of Young Innovators: Collection of scientific articles of the 2nd International Scientific Conference of Prospective Developments of Young Scientists, Kursk, June 18, 2021 / Yugo -Western State University; Interregional educational public organization “Association of Orthodox Scientists”; Oryol State University named after I. S. Turgenev; Ryazan State Agrotechnological University named after P.A. Kostycheva; Moscow Polytechnic University. Volume 2. – Kursk: Southwestern State University, 2021. – P. 20-23.
2. Bogdanova E. V., Chumilin G. E. Current issues of collection of legal costs in civil proceedings // Current issues of development of statehood and public law: Materials of the VI International Scientific and Practical Conference, in2 vols., St. Petersburg, September 25, 2020. Volume 2. – St. Petersburg: St. Petersburg Institute (branch) of VGUYU (RPA of the Ministry of Justice of Russia), 2020. – P. 34-41.
3. Dmitrieva A. V. The problem of collecting legal expenses in civil proceedings // Young researchers for sustainable development: Collection of articles of the II International Scientific and Practical Conference, Petrozavodsk, October 13, 2022. – Petrozavodsk: International Center for Scientific Partnership “New Science” (IP Ivanovskaya I. I.), 2022. – P. 50-54.
4. Lavrenova I. D., Lukin D. E., Elmurzaev A. V. Abuse of procedural rights in civil proceedings // people. Society. Society. 2023. – pp. 228-234.
5. Egorova T.V. Legal expenses in arbitration proceedings: dis. …cand. legal Sci. – Saratov, 2011. – 199 p.
6. Kuzmina K. A., Trubina D. V. Legal costs in civil proceedings // Science news: collection of articles of the II International Scientific and Practical Conference, Penza, January 10, 2024. – Penza: Science and Enlightenment (IP Gulyaev G. Yu.), 2024. – P. 57-59.
CIVIL PROCEDURE
MOROZOVA Tatyana Borisovna
postgraduate student of Civil law and process and international private law sub-faculty of the Patrice Lumumba Peoples’ Friendship University of Russia
SUBSIDIARY LIABILITY OF PERSONS CONTROLLING THE DEBTOR, PROBLEMS OF LEGAL CERTAINTY
The reform of the bankruptcy institution took place in stages, but very rapidly. The main leap in the development of legal regulation occurred in the post-revolutionary period, as well as during the Soviet period. The legislator clearly understood the need to regulate the economic situation in the country with a significant increase in the number of insolvent enterprises in the corporate sector, which was an important starting point for the development and adoption of current bankruptcy regulations.
As of January 2024, the Russian Federation, being under pressure from illegitimate international sanctions. One of the key positions is given to the mechanism of legal regulation of the judicial procedure of bankruptcy proceedings, issues of the validity of civil legal transactions concluded by debtors, as well as the procedure for challenging them in the system of civil legislation of the Russian Federation , while this aspect causes numerous scientific debates.
Keywords: bankruptcy, corporations, legal entities, insolvency, debtor.
Bibliographic list of articles
1. Baldin K.V., Jeffal V.I., Rukosuev A. Accounting and analysis of bankruptcies: Textbook. – M.: KnoRus, 2020. – 192 p.
2. Bartsits I. N., Bykov V. P., Chernikova E. V., Markelova I. V. Legal regulation of the rights of bankruptcy creditors in bankruptcy procedures of legal entities // Modern law. – 2020. – No. 6. – P. 87.
3. Selected works on the general theory of law / Magaziner Ya. M.; Rep. ed.: Kravtsov A.K. – St. Petersburg: Legal. Center Press, 2020. – 352 pp.
4. Frolova E. E., Karmadonova E. V. Trends and directions of development of the credit market (on the example of the Irkutsk region). – M.: Publishing house “NAUKA”, 2013. – 406 p.
5. Frolova E. E. Countering the legalization of proceeds from crime as an independent direction of state financial control in the sphere of monetary circulation. – Irkutsk, Reprocenter A1, 2010. – 127 p.
6. Civil Code of the Russian Federation (part one) dated November 30, 1994 No. 51-FZ // SPS Consultant Plus. – [Electronic resource]. – Access mode: http: www.consultant.ru (access date: 06/01/2023).
7. Letter of the Federal Tax Service of Russia dated August 16, 2017 No. SA-4-18/16148@ “On the application by tax authorities of the provisions of Chapter 111.2 of the Federal Law of October 26, 2002 No. 127-FZ.”
8. Resolutions of the Ninth Arbitration Court of Appeal dated June 24, 2020 No. 09AP-24715/2015 in case No. A40-119763/2020.
CIVIL PROCEDURE
PUZIKOV Ruslan Vladimirovich
Candidate of Law, Associate Professor, Associate Professor of the Department of Civil Law Institute of Law and National Security, Tambov State University named after G.R. Derzhavin, Tambov, Russia
SVIRIDOV Anton E.,
Laboratory Assistant at the Department of Civil Law at the Institute of Law and National Security of the Tambov State University named after G.R. Derzhavin
EMOJI AS EVIDENCE IN CIVIL AND ARBITRATION PROCEEDINGS
Relatively recently, law enforcement materials have provided a new type of evidence in civil and arbitration proceedings, namely printed screenshots of correspondence from social networks, in which a message with an emoji acts as evidence. In view of the appearance of the indicated evidence, it is worth considering the expediency of their use in court proceedings. To do this, it is necessary to consider the legal framework that regulates the possibility of using emoji as evidence in civil and arbitration proceedings. In addition to the theoretical justification, it is worth paying special attention to the practical application of such evidence, based on the materials of the law enforcement practice of the courts. After considering the issues outlined above, it is necessary to conduct an analysis and determine the primary limits of the applicability of emoji as evidence. Such a step-by-step approach will allow us to consider in detail the identified problematic issue and come to the maximum possible result, taking into account the available information. Thus, in the process of conducting the study, it became obvious that the procedural legislation of the Russian Federation provides for the possibility of providing evidence in the form of emojis. If we consider the option when such evidence is provided to the court in the form of a printout on a piece of paper, then it fits the category of “written evidence”. From the point of view of practical application, there are two judicial acts that are opposite in opinions regarding the issue of using emoji as evidence. Based on the explanations provided in the designated judicial acts, it turned out to draw up the primary boundaries of the practical application of emoji as evidence.
Keywords: legal doctrine, admissibility of evidence, emoji, evidence, written evidence, civil procedure, arbitration process.
Article bibliography
1. Aleshkina V. D., Anisiforova V. A. Emoji as evidence in civil proceedings // Civilistics: law and process. – 2024. – No. 2 (26). – P. 50-58.
2. Bogdan V. V. Use of the language of ideograms in legally significant messages // Perm legal almanac. – 2024. – No. 7. – P. 118-130.
3. Kublyakova D. M. Emoji and stickers as evidence in courts considering disputes on civil cases // Garant science discussion board on legal, accounting and auditing. – 2023. – No. 1.
4. Panteleeva D. R., Olshanskaya E. A. Screenshot as a type of evidence in arbitration proceedings // Legal sciences, the rule of law and modern legislation. Collection of articles of the XIII International scientific and practical conference. – Penza: “Science and education” (IP Gulyaev G. Yu.), 2020. – P. 190-193.
5. Kholmanov K. O. Screenshot as a means of proof in civil and arbitration proceedings // Social and legal notebook. – 2022. – No. 12. – P. 200-208.
CIVIL PROCEDURE
PROVATKINA Valeriya Evgenjevna
student of the Far Eastern Federal University, Vladivostok
BAVIN Dmitriy Evgenjevich
student of the Far Eastern Federal University, Vladivostok
KORKIN Maxim Sergeevich
student of the Far Eastern Federal University, Vladivostok
PROBLEMS OF MEDIATION PROCEDURE IN CIVIL PROCEEDINGS
This article discusses the main problems faced by participants in the mediation procedure in civil proceedings. The authors analyze the difficulties that arise in the way of successful mediation and suggest ways to solve them. Through the prism of the effectiveness and accessibility of mediation in civil justice, the authors seek to identify ways to improve this method of dispute resolution in order to achieve more fair and satisfactory results for all participants in the process.
Keywords: mediation, civil proceedings, dispute resolution, mediator, efficiency.
Bibliographic list of articles
1. Sudorgina E. V. Mediation in civil and arbitration proceedings // Issues of Russian and international law. – 2018. – T. 8. No. 10A. – pp. 40-46.
2. Samigullin D. D. On some aspects of mediator responsibility // News of the Academy of Management: theory, strategies, innovations. – 2012. – No. 5
3. Gorshkova K. N. Zhelonkin S. S. Conciliation procedures in Russia: novelties of procedural reform in Russia: novelties of procedural reform. / Bulletin of St. Petersburg University of the Ministry of Internal Affairs of Russia. 2019. – No. 3 (83). – P. 1-10.
4. Fedyushkina M. S. The problem of the mediation procedure as an alternative to judicial proceedings in civil proceedings // Materials of the interuniversity scientific and practical conference “Current problems of civil and administrative proceedings” (Krasnodar, April 18, 2019). – Krasnodar: Kuban State University, 2019. – pp. 634-638.
legal proceedings.
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’s degree of Civil process sub-faculty of the Faculty of Law of the M. V. Lomonosov Moscow State University
THE IMPACT OF LORD WOOLF’S REFORMS ON CASE PREPARATION FOR TRIAL
The article deals with the impact of the reform of the English civil procedure, known as Lord Woolf’s reforms, on case preparation for trial. Special attention is paid to the changes in the procedure of disclosure documents, the shift to standard disclosure and its advantages. Novel approaches to the use of alternative dispute resolution (ADR) and the courts’ role in promoting their application are also analyzed. The article examines the practical aspects of implementing the reform in the first years after its introduction.
Keywords: Lord Woolf’s reforms, English civil procedure, case preparation for trial, documents disclosure, alternative dispute resolution, litigation costs.
Bibliographic list of articles
1. Slapper G., Kelly D. The English Legal System. – 13th Edition. Taylor&Francis, 2012.
2. Andrews N. The Three Paths of Justice. Court Proceedings, Arbitration, and Mediation in England. Springer. – 2018. – P. 7.
3. Lord Woolf Access to Justice: Interim Report to the Lord Chancellor on the civil justice system in England and Wales. – 1996. – P. 281.
4. Lord Woolf. Access to justice: final report to the Lord Chancellor on the civil justice system in England and Wales. – London: HMSO, 1996.
CIVIL PROCEDURE
SARKISYAN Valentina Georgievna
associate professor of Civil process sub-faculty of the I. T. Trubilin Kuban State Agrarian University, Krasnodar
ON THE ISSUE OF THE FORMATION OF THE INSTITUTION OF THIRD PARTIES AND IN THE CIVIL PROCESS
To date, the institution of third parties in procedural legislation, as well as the participation of third parties in civil proceedings in general, retains its important role. The entry of subjects of civil procedural legal relations as third parties expresses the desire of the legislator not only to contribute to the correct and comprehensive consideration by the court of the claims stated by the participants in a particular trial, but also to significantly save time in considering a disputed case. Despite the existence of an educational and scientific theoretical basis, as well as the existence of a legislative framework, errors often occur in judicial practice, expressed in the attribution of other participants in civil proceedings as third parties, both declaring independent claims and not declaring them. Therefore, in order to avoid the above-mentioned judicial errors, a detailed regulation of the essence of each subject of procedural legal relations, the procedural importance of their participation, depending on the type of third parties in court proceedings, is necessary.
Keywords: interested parties, third parties, legal proceedings, process.
Bibliographic list of articles:
1. Gorelov M.V. Third parties in civil proceedings: from time immemorial // Arbitration and civil process. – 2012. – No. 2. – P. 41.
2. Flexor D.S. Cancellation of decisions at the request of third parties not participating in the case. – St. Petersburg, 1894. – pp. 15-20.
3. Yushkov S.V. Monuments of Russian law. – M.: Gosyurizdat, 1952. – P. 35-36.
4. Monuments of Russian law / Ed. K. A. Sofronenko. – M.: Gosyurizdat, 1957. Issue. 6. Council Code of Tsar Alexei Mikhailovich of 1649. – P. 153.
5. Zagidullin M.R. Norms on legal liability in litigation in the Council Code of 1649 // Perm State National Research University (Perm). – 2018. – No. 3. – P. 7-18.
6. Vaskovsky E. V.: Textbook of civil procedure / Ed. E. V. Vaskovsky. – M.: Publishing house of the Bashmakov brothers, 1914. – 55 p.
7. Kleinman A.F. Civil process of European countries of people’s democracy. – M.: Gosyurizdat, 1960. – 56 p.
8. Poklonova E. V. Institute of participation of third parties in the civil process of Russia: historical aspect // Arbitration and civil process. – 2014. – No. 2. – P. 55-56.
INFORMATION LAW
PERMINOVA Mariya Olegovna
student of the 4th course of the North Caucasus Branch of the Russian State University of Justice, Krasnodar
PROBLEMS AND PROSPECTS OF LEGAL REGULATION OF NEURAL NETWORKS
The article analyzes the approaches existing in legal science and legislation to determining the legal status of neural networks from the point of view of attribution to the structural element of legal relations. The correlation of the concepts of “neural network” and “artificial intelligence” is considered and a conclusion is made about the formation of a misconception in science about their identity. Based on the analysis, assumptions are made about the most likely development of further regulatory regulation, taking into account existing concepts. The author concludes that the optimal approach to the disclosure of the term “neural network” would be to combine the technical and legal context, thereby determining the legal status of neural networks as an object of legal relations. It is also necessary to distinguish at the legislative level the results of human activity using a neural network and the results of autonomous neural network activity.
Keywords: artificial intelligence, neural network, legal status of neural networks.
Bibliographic list of articles
1. Sibiryakova Yu. V. The use of artificial intelligence technologies in the field of education: risks and promising directions // Expert institutions in the 21st century: principles, technologies, culture: Collection of scientific papers / Scientific editor T. I. Grabelnykh. – Irkutsk: Irkutsk State University, 2022. – pp. 211-214.
2. Boychenko I. S. Models of legal regulation of neural networks // Education and Law. – 2019. – No. 1. – P. 235-237.
3. Pleshakov E. A., Prosvirnina M. I. The problem of authorship of a work created by a neural network // Education and Law. – 2023. – No. 7. – P. 408-411.
ARBITRATION PROCESS
MITASHOVA Anastasiya Anatoljevna
magister student of the A. A. Khmyrov Faculty of Law of the Kuban State University, Krasnodar
VILGAUK Valeriy Yurjevich
magister student of the A. A. Khmyrov Faculty of Law of the Kuban State University, Krasnodar
THE PROBLEM OF DISTRIBUTION OF THE BURDEN OF PROOF BETWEEN SPOUSES IN INSOLVENCY (BANKRUPTCY) CASES: ISSUES OF THEORY AND PRACTICE
At the moment, in the arbitration process, there is no unambiguous approach of the courts to the issue of distributing the obligation to provide evidence between spouses in the event of bankruptcy of one of them, in situations where the creditor’s claims are common and are presented to both spouses. Various judicial instances make contradictory decisions, which can be divided into two opposite positions. The paper analyzes the materials of law enforcement practice, namely the practice of arbitration courts, as well as the Supreme Court of the Russian Federation. The author considers both positions together with the legal arguments presented in their defense. Themost preferred approach with justification of the author’s position is highlighted. It is also noted in the work that the basis for eliminating contradictions in the practice of resolving disputes under consideration is the development of a clear legal position at the level of the Supreme Court, where, on the basis of multiple and contradictory practice, an unambiguous and uniform approach to resolving the issue will be highlighted.
Keywords: arbitration process, bankruptcy procedure, burden of proof, common obligations of spouses, evidence in the arbitration process, joint property.
Bibliographic list of articles
1. On insolvency (bankruptcy): Federal Law of October 26, 2002 No. 127-FZ (as amended on December 25, 2023) // SPS “ConsultantPlus”. – [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_39331/8764f1ea3b4838d75bea542a4b17522b6649f35d/ (date of access: 04/06/2024).
2. Kurkova N. A., Strogonova T. P. recognition of spouses’ obligations as common in bankruptcy // Ex jure. – 2023. – No. 3. – P. 62.
3. On some issues related to the peculiarities of the formation and distribution of the bankruptcy estate in cases of bankruptcy of citizens: Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 25, 2018 No. 48 // ATP “ConsultantPlus”. – [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_314621/ (date of access: 04/07/2024).
4. Review of judicial practice of the Supreme Court of the Russian Federation dated April 13, 2016 No. 1 (approved by the Presidium of the Supreme Court of the Russian Federation on April 13, 2016) // ATP “ConsultantPlus”. – [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_ LAW_196727/ (date of access: 04/07/2024).
5. Family Code of the Russian Federation: Federal Law of December 29, 1995 No. 223 (as amended on July 31, 2023) // SPS “ConsultantPlus”. – [Electronic resource]. – Access mode: https://www.consultant.ru/ document/cons_doc_LAW_8982/ (date of access: 04/07/2024).
6. Resolution of the Arbitration Court of the Moscow District dated May 12, 2023 No. F05-7684/2023 in case No. A41-69083/2021 // ATP “ConsultantPlus”. – [Electronic resource]. – Access mode: https://www.consultant.ru/cons/cgi/online.cgi?req=doc&base=AMS&n= 474880#9zD4N9UbKX6B4qRI (date of access: 04/07/2024).
7. Resolution of the Arbitration Court of the North-Western District dated October 15, 2021 No. F07-8823/2021 in case No. A56-83684/2019 // ATP “ConsultantPlus”. – [Electronic resource]. – Access mode: https://www.consultant.ru/cons/cgi/ online.cgi?req=doc&base=ASZ&n=253572#ysQ6O9U6r6T8KJgw (date of access: 04/08/2024).
8. Determination of the Judicial Collegium for Economic Disputes of the Supreme Court of the Russian Federation dated February 26, 2016 in case No. 309-ES15-13978, A07-3169/14 // ATP “ConsultantPlus”. – [Electronic resource]. – Access mode: https://www.consultant.ru/cons/cgi/ online.cgi?req=doc&base=ARB&n=454176#Kor8O9U67mS1SId71 (date of access: 04/08/2024).
LAND LAW
ALIBEKOV Daniyal Ibrahimovich
student of the Institute of Law of the Dagestan State University, Makhachkala
THE PROCEDURE FOR CREATING ARTIFICIAL LAND PLOTS
This article provides a detailed explanation of the concept of artificial land plots, examines the main goals and objectives facing the creation of such plots, and analyzes the results of coordinating the process of their formation. The procedure for including a contract for the creation of artificial land plots is also described. Moreover, the article touches on important aspects, compares the experiences of different countries, and analyzes the pros and cons of the process of creating artificial land.
Keywords: artificial land plot, structure, artificial island, land, reclamation technology: Russian and international experience.
Bibliographic list of articles
1. Federal Law of the Russian Federation dated July 19, 2011 No. 246-FZ “On artificial land plots created on water bodies that are in federal ownership, and on amendments to certain legislative acts of the Russian Federation.” – (ed. dated November 28, 2018)
2. Glushko O. A., Popova P. E. Artificial land plots as an object of environmental law // Scientific support of the agro-industrial complex Collection of articles based on the materials of the IX All-Russian Conference of Young Scientists. Responsible for the release: A. G. Koshaev. 2021. pp. 525-526.
3. Galinovskaya E. A., Kichigin N. V. Legal problems of creating and determining the regime of artificial land plots // Legal issues of construction. 2008. No. 2. P. 12-16.
4. Melnikov N. N. Artificial land plot: search for a universal definition // Journal of Russian Law. 2020. No. 5.
5. Alluvial territories: what will be built in St. Petersburg and who is interested in it? [Electronic resource]. – Modeaccess: http://www.novostroyspb.ru/statyi/n (date of access: 05.25.2024).
6. Novitskaya A. A. Creation of artificial land plots within the boundaries of water bodies that are in federal ownership // Law. 2011. No. 12.
FAMILY LAW
DUBROVINA Anastasiya Nikolaevna
student of Civil and private international law sub-faculty of the Volgograd State University
FANTROV Pavel Petrovich
Ph.D. in political sciences, senior lecturer of Procedural law and criminalistics sub-faculty of the Institute of Law of the Volgograd State University
PECULIARITIES OF CONCLUDING A MARRIAGE CONTRACT REMOTELY BY MEANS OF INFORMATION AND COMMUNICATION TECHNOLOGIES
The article characterizes the peculiarities of including a marriage contract remotely via the Internet. It is concluded that in order to improve the quality of notarial services to the population it is advisable for the Federal Chamber of Notaries to develop and implement a “chat-bot” based on artificial intelligence, which at the request of users will perform actions to conclude notarial transactions, including marriage contracts.
Keywords: marriage contract, notariat, artificial intelligence, legislation, spouses, Unified Notary Information System, electronic signature.
Bibliographic list of articles
1. Agibalova E. N., Ryzhova A. A. Modern notariat in the era of digital transformation // Legal paradigm. – 2022. – No. 1.
2. Gaivoronskaya Ya. V., Miroshnichenko O. I. Legal problems of digitalization: theoretical and legal aspect // Legal paradigm. – 2019. – No. 4.
3. Dubrovina A. N., Fantrov P. P. Trends in the modernization of the institution of marriage contracts in modern Russia // Forum. – 2023. – No. 3.
4. Inshakova A. O. Law and information and technological transformations of social relations in the conditions of industry 4.0 // Legal paradigm. – 2019. – No. 4.
5. Solovyanenko N. I. Electronic documents in the field of notaries: legal functions and the mechanism of legal regulation // Law and practice. – 2022. – No. 3.
FAMILY LAW
LYAPIN Nikita Mikhaylovich
Ph.D. in historical sciences, associate professor of Jurisprudence sub-faculty of the Astrakhan State Technical University
THE GROUNDS FOR REDUCING THE AGE OF MARRIAGE IN RUSSIA: FEATURES OF LEGAL REGULATION
The article discusses the valid reasons and special circumstances of reducing the age of marriage. Russian family law allows for a reduction in the age of marriage from 18 to 16 years if there are valid reasons. At the same time, the laws of the constituent entities of the federation may reduce the age of marriage to 15 and to 14 years, taking into account, as an exception, special circumstances. In a number of subjects of the federation, such circumstances include pregnancy, the birth of a common child, an immediate threat to the life of one of the parties, and an unfavorable family situation. The necessity of unification of special circumstances and the minimum age of marriage within the framework of federal legislation is shown.
Keywords: marriage, marriageable age, valid reasons, special circumstances, pregnancy, birth of a child, immediate threat to life.
Bibliographic list of articles
1. Eremeev D. E. Islam is a way of life and a style of thinking. – M.: Politizdat, 1990.
2. Lekanova E. E. Legal regulation of the minimum marriage age: history and modernity // Current problems of Russian law. – 2020. – No. 8.
3. Lyashenko E. N. Marriage according to ancient Indian legal sources. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/zaklyuchenie-braka-po-drevneindiyskim-pravovym-istochnikam/viewer.
4. Russian legislation of the 10th-20th centuries: in 9 volumes. T.4. Legislation during the formation of absolutism. Responsible editor A. G. Mankov. – M.: Legal literature, 1986.
5. Tarusina N. N. Family law: essays from classics and modernity: monograph. – Yaroslavl, YarSU, 2009.
FAMILY LAW
ELDAROVA Jamilya Abdulkarimovna
senior lecturer of Civil law and process sub-faculty of the North Caucasus Institute (branch) of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
LEGAL CONSEQUENCES OF SEX CHANGE FOR MARRIED PERSONS
The article is devoted to substantiating the need to improve the family legislation of the Russian Federation due to the insufficiency of modern regulation of issues arising from a sex change by a married person. The article examines the issues of the legal naturee of the institution of marriage in Russian family law, as a traditional union of a man and a woman. The current positions of the doctrine in defining the concept of marriage are analyzed. The concept of marriage is defined on the basis of various scientific views. Based on the analysis of the current legislation, the article formulates proposals for amending the norms governing the recognition of marriage as invalid and the termination of marriage.
Keywords: family law, marriage, principles of family law, sex change, invalid marriages, termination of marriage, rights and obligations of spouses.
Bibliographic list of articles
1. Drobyazko S. R. Personal lifestyle as a subject of constitutional and legal protection using the example of the issue of gender reassignment // Constitutional and municipal law. – 2023. – No. 1. – P. 53-57.
2. Proshchalygin R. A. Legal consequences of gender change by one of the spouses during marriage // Family and housing law. – 2016. – No. 2. – P. 17-20.
LABOR LAW
LINETS Alexander Alexandrovich
Ph.D. in Law, associate professor of Labor law sub-faculty of the M. V. Lomonosov Moscow State University
LEGAL ASPECTS OF THE APPLICATION OF ARTIFICIAL INTELLIGENCE TECHNOLOGIES IN THE FIELD OF LABOR (PART 2: ISSUES OF PERCEPTION OF JUSTICE)
The development and widespread adoption of artificial intelligence technologies have the potential to significantly transform the labor market and the characteristics of the interaction of its subjects. This transformation can have both a positive and a negative impact on the economic and social development of society, as well as on the position of the subjects of the labor market. Studies of possible reactions of the state to the development of legislation in response to the above-mentioned changes in line with the harmonization of the interests of employees, employers and the state are becoming relevant. This issue is primarily based on the question of whether there is a need for legal regulation in the area under consideration at all, and, if the answer is yes, in determining the specifics of the relevant regulation, in particular, the issues of legitimizing decision -making using AI and the perception of the fairness of such decisions (both in a substantive and procedural sense). Part two of this study examines the issues of perception of the fairness of the employer’s use of AI when interacting with an employee.
Keywords: artificial intelligence, labor standards, prohibition of discrimination, employer power, justice.
Bibliographic list of articles
1. Linets A. A. Legal structures for the implementation of employer power // Labor law in Russia and abroad. 2022. No. 4. pp. 12-15.
2. Linets A. A. Implementation of employer power: legal aspects // Education and law. 2024. No. 2. P. 400-404.
3. Vasilevskaya L. Yu. Artificial intelligence: problems of civil qualification // Bulletin of the O. E. Kutafin University (MSAL). 2023. No. 5. P. 32-40.
4. Langille B. A. Labor Policy in Canada – New Platform, New Paradigm // Canadian Public Policy / Analysis de Politiques. 2002. Vol. 28. No. 1. Pp. 132-142.
5. Lushnikov A. M. “Law and Economics”: monograph. Moscow: Prospekt, 2019. 192 pp.
6. Tomashevsky K. L. Axiology of labor law as a doctrine of values in the sphere of labor // Russian Journal of Legal Research. 2017. No. 1(10). pp. 220-228.
7. Güth W., Schmittberger R., Schwarze B. An Experimental Analysis of Ultimatum Bargaining // Journal of Economic Behavior and Organization. 1982. Vol. 3 (4). pp. 367–388.
8. Engel Ch. Dictator games: a meta study // Experimental Economics. 2011. No. 14 (4). pp. 583-610.
9. Camerer C., Thaler. R.H. Anomalies: Ultimatums, Dictators and Manners // Journal of Economic Perspectives. 1995. No. 9 (2). pp. 209-219.
10. Oosterbeek H, Sloof R., Van De Kuilen G. Cultural Differences in Ultimatum Game Experiments: Evidence from a Meta-Analysis // Experimental Economics. 2004. No. 7 (2). pp. 171-188.
11. Petrovskaya I. A., Demchenko V. S. Algorithmic management: experience of empirical research // Bulletin of Moscow University. Series 6. Economics. 2023. No. 58 (6). pp. 109-132.
LABOR LAW
VASILENKO Yuliya Evgenjevna
lecturer of the College of Altai State University, Barnaul
THE FORMAL NATURE OF LABOR RELATIONS IN THE CONTEXT OF JUDICIAL PRACTICE
Labor relations are an integral part of labor law. The presence of the norm of Art. 15 of the Labor Code of the Russian Federation, establishing signs of labor relations, allows you to distinguish labor relations from related. At the same time, as law enforcement practice shows, the presence of an employment contract is not always a confirmation of the existence of labor relations as such. This article presents an analysis of the concept of “formal nature of labor relations” formed in law enforcement practice and the legal consequences of recognizing labor relations as such, and also suggests ways to improve labor legislation in this area
Keywords: the formal nature of the employment relationship, fictitious labor relations, employment contract, artificial labor relations.
Bibliographic list of articles
1. Avdeeva S.V. Expert consultation, State Labor Inspectorate in the Oryol region. 2024. // consultant.ru [Electronic resource]. – Access mode: https://clck.ru/3ACfXp (04/20/2024).
2. Eremenko V.I. On formal agreements in Russian civil law // Invention. 2010. T. 10. No. 4. // elibrary.ru [Electronic resource]. – Access mode: https://clck.ru/3ABxpC (date of access: 04/20/2024).
3. Kuklin D.S. Features of fraud in the sphere of labor relations // Criminal justice. 2018. No. 11. // cyberleninka.ru [Electronic resource]. – Access mode: https://clck.ru/3ACtoy (04/21/2024).
4. Lushnikova M.V. Conditions for the validity of labor contracts, changes in the legal qualifications of labor contracts, annulment of the labor contract: questions of theory and practice // Russian Yearbook of Labor Law. 2009. No. 4 // elibrary.ru [Electronic resource]. – Access mode: https://clck.ru/3AFAg8 (date of access: 04/23/2024).
5. Osetrov S. A. Fictitious employment contract: legal consequences // Legal Bulletin of Samara University. 2016. T. 2. No. 1. // elibrary.ru [Electronic resource]. – Access mode: https://clck.ru/3ACgQB (04/20/2024).
6. Ofman E. M. Legality of concluding an employment contract from the position of the Social Insurance Fund of the Russian Federation // Bulletin of the South Ural State University. Series: Law. 2022. T. 22. No. 2. // elibrary.ru [Electronic resource]. Access mode: https://clck.ru/3ACs4Z (04/21/2024).
7. Ofman E. M. Invalidity of an employment contract: analysis from the perspective of the mechanism for exercising subjective rights and fulfilling the duties of the employee and employer // Bulletin of St. Petersburg University. Right. 2023. T. 14. No. 4. // elibrary.ru [Electronic resource]. – Access mode: https://clck.ru/3AChsT (04/21/2024).
8. Snigireva I. O. Labor legal relationship: general and special // Law and practice. 2018. No. 4. [Electronic resource]. – Access mode: https://clck.ru/3ACi5F (04/21/2024).
FINANCIAL LAW
BRYKIN Konstantin Igorevich
Ph.D. in Law, associate professor of Fundamental jurisprudence and international law sub-faculty of the G. Mirzoev Russian University of Lawyers and Notaries
REGIONAL CURRENCY AS AN OBJECT OF FINANCIAL LEGAL RELATIONS
The article, using historical and formal legal methods, examines the approaches of outstanding jurists of the Soviet era and modern times in the field of legal theory and financial law to the concepts of legal relations and its object. When considering a regional currency as an object of financial legal relations, it is necessary to take into account citizens, business, and society as a whole. In the context of integration processes within the framework of interstate associations with the participation of the Russian Federation, sanctions restrictions, ongoing financial policies, reorientation of sales and consumption markets, a regional currency can balance the interests of the state and society, which forms international financial rights – ensuring a balance of private and public interests.
Keywords: financial legal relationship, object of financial legal relationship, public fund, material benefit, regional currency, interstate association, public interest.
Bibliographic list of articles
1. Alekseev S.S. General theory of law. In two volumes. T. I. – M.: Legal. lit., 1982. – 360 pp.
2. Brykin K. I. Results of the BRICS summit: strengthening monetary and financial cooperation, development of settlement and correspondent relations, chances for the creation of a new currency // Agrarian and Land Law. – 2023. – No. 9 (225). – pp. 42-44.
3. Brykin K. I. Prospects for the development of currency legal relations between the SCO member states // Education and Law. – 2023. – No. 7. – P. 217-220.
4. Brykin K. I. The phenomenon of dedollarization in Russian financial law // Financial law. – 2024. – No. 2. – P. 8-10.
5. Vasyanina E. L. On the nature of financial legal relations // Business, management and law. – 2014. – No. 1 (29). – pp. 91-94.
6. Gorbunova O. N. Financial law and financial monitoring in modern Russia. – M.: Vocational Education LLC, 2003. – 158 p.
7. Gracheva E. Yu. On the issue of the essence of financial law //Bulletin of the University named after O. E. Kutafin (MSAL). – 2020. – No. 9 (73). – pp. 26-32.
8. Zapolsky S.V. Discussion issues in the theory of financial law: monograph. – M.: RAP, Eksmo, 2008. – 160 p.
9. Karaseva M.V. Modern trends in the development of property relations in financial law // Financial law. – 2021. – No. 7. – P. 7-11.
10. Krokhina Yu. A. Current problems of administrative-legal and financial-legal regulation at the present stage in the Russian Federation // Prospects for the development of financial law: Collection of articles based on the materials of the International scientific and practical conference “Prospects for the development of financial law” (“Piskotin Readings – 2022″), Moscow, April 14, 2022 – M.: Institute of State and Law of the Russian Academy of Sciences, 2022. – P. 41-46.
11. Krokhina Yu. A. Financial law of Russia: textbook. 6th ed., revised. – M.: Norma: INFRA-M, 2023. – 504 p.
12. Rovinsky E. A. Basic questions of the theory of Soviet financial law: monograph. 2nd ed. erased – M.: Norma: INFRA-M, 2018. – 176 p.
13. Turbanov A.V. Financial law and financial market // Financial law. – 2020. – No. 10. – P. 7-12 @@ 2021. – No. 1. – P. 10-16.
14. Financial law: textbook / rep. ed. N. I. Khimicheva, E. V. Pokachalova. 6th ed., revised. and additional – M.: Norma: INFRA-M, 2020. – 800 pp.
15. Financial law: textbook for universities / E. M. Ashmarina [etc.]; edited by E. M. Ashmarina. 3rd ed., revised. and additional – M.: Yurayt Publishing House, 2023. – 360 pp.
16. Financial law: textbook and workshop for universities / G. F. Ruchkina [et al.]; edited by G. F. Ruchkina. 2nd ed., revised. and additional – M.: Yurayt Publishing House, 2023. – 361 p.
17. Khimicheva N. I. Russian financial law at the present stage // Leningrad Legal Journal. – 2013. – No. 3 (33). – pp. 10-12.
18. Khimicheva N. I. Financial law: federal and regional aspects of development // News of higher educational institutions. Jurisprudence. – 2002. – No. 5 (244). – pp. 16-25.
FINANCIAL LAW
VINNIK Alexey Viktorovich
lecturer of Financial law sub-faculty of the V. F. Yakovlev Ural State Law University, Yekaterinburg
ON ASSESSING THE USE OF TAX PREFERENCES BY SCIENTIFIC ORGANIZATIONS IN THE CONTEXT OF PROTECTING THEIR RIGHTS AS TAXPAYERS (BASED ON AN ANALYSIS OF JUDICIAL AND ARBITRATION PRACTICE)
The article, based on an analysis of Russian tax legislation, extensive judicial practice and scientific literature, identifies the main reasons for the emergence of tax disputes regarding the application of tax preferences by scientific organizations as taxpayers and proposes the author’s way of solving the identified problems. In addition, the author states that certain provisions of the legislation on taxes and fees in Russia, which provide for tax preferences, by their legal nature and focus cannot be considered as tax benefits for scientific organizations.
Keywords: tax benefits, tax preferences, scientific organizations, tax disputes, tax authority, taxpayer.
Bibliographic list of articles:
1. Tax law: textbook. for undergraduate studies / Ed. I. A. Tsindeliani. – 2nd ed. – M.: Prospekt, 2016. – 525 p.
2. Bataykin P. A. Tax policy as an instrument of stimulation and stabilization // Lawyer. – 2022. – No. 3. – P. 43-51.
3. Ledneva Yu. V. Stimulating scientific and innovative activities through tax preferences // Financial law. – 2021. – No. 8. – P. 27-31.
4. Khavanova I. A. Tax expenses as a legal category // Financial law. – 2024. – No. 1. – pp. 15-19 // Access from SPS “Consultant Plus”.
5. Lermontov Yu. M. Article-by-article commentary to Chapter 25 of the Tax Code of the Russian Federation “Organizational Profit Tax” // SPS ConsultantPlus. 2012.
6. Yakusheva E. E. Tax benefits for high-tech companies: features and prospects // Russian Legal Journal. – 2023. – No. 2. – pp. 143-152 // Access from SPS “Consultant Plus”.
7. Kurochkin D. A. Tax mediation: experience of regulation and application in Russia // Tax expert. – 2021. – No. 3. – P. 53-63.
FINANCIAL LAW
KALIN Vitaliy Ivanovich
postgraduate student of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
WAYS TO ENSURE PROPER FULFILLMENT OF OBLIGATIONS ARISING FROM A BANK LOAN AGREEMENT
A comprehensive analysis of the bank loan agreement, an assessment of its relationship with the economic and legal principles of the life process of society, is dictated by the economic, legal, and social reality existing within the state. Given this circumstance, scientific thought does not remain indifferent to the analysis of the legal and theoretical aspects of bank lending carried out within the fframework of contractual principles. A variety of forms of bank lending (standard loan, credit line (renewable, non-renewable), overdraft, onco-lending, etc.), a heterogeneous subject composition, a universal approach to calculating interest rates, create favorable ground for doctrinal research , which is gradually being introduced into the banking industry.
In the conditions of modern reality, an inert position towards a bank loan agreement on the part of government authorities and representatives of scientific doctrine will serve as a vector for the trivial construction of public relations in the field of market regulation of the economy. In this regard, an attempt is being made to answer questions related to the proper execution of the contract and ensuring the fulfillment of obligations under the bank loan agreement.
Keywords: bank loan agreement, lending, methods of enforcement, bank, banking activity.
Bibliographic list of articles
1. Dudin M. N., Sekerin V. D., Smirnova O. O., Frolova E. E., Sepiashvili E. N.
State anti-crisis management of the banking sector: looking for optimization ways and contemporary development trends // Journal of Advanced Research in Law and Economics. – 2014. – Vol. 5. No. 2. – R. 74-81.
2. Frolova E. E., Zankovsky S. S., Dudin M. N., Zinkovsky S. B., Kirsanov A. N. Studying concepts of the breakthrough economic reforms in selected developed and developing countries and regions of the world: economic and legal aspect // Journal of Advanced Research in Law and Economics. – 2018. – Vol. 9. No. 4 (34). – R. 1236-1242.
3. Bakhrieva Z. R., Murtazaeva A. A. Unnamed methods of ensuring the fulfillment of obligations (part I) // Scientific notes of the Crimean Federal University named after V. I. Vernadsky, Legal Sciences. – 2019. – T. 5 (71). No. 14. – pp. 272-278.
4. Bakhrieva Z. R., Murtazaeva A. A. Unnamed methods of ensuring the fulfillment of obligations (part II) // Scientific notes of the Crimean Federal University named after V. I. Vernadsky, Legal Sciences. – 2021. – T. 7 (73). No. 1. – pp. 388-394.
5. Civil law. Volume 1. Edited by A. P. Sergeev, Yu. K. Tolstoy, Prospect. – M., 2001. – P. 564.
6. Koshko O. V. Financial covenants as an innovative mechanism for ensuring the fulfillment of a loan obligation in Russian practice (O. V. Koshko) // Bulletin of the Vologda Institute of Law and Economics: crime, punishment, correction. – 2010. – No. 10. – P. 57-59.
7. Meyer D.I. Russian civil law (in 2 hours, Part 2). According to the corrected and supplemented 8th ed., 1902. – M.: Statute, 1997. – P. 179.
8. Slutu N., Tsurkan R. Methods of ensuring the fulfillment of obligations and liability for failure to fulfill obligations // Law and Life. – Chisinau, 2016. – pp. 26-33.
9. Frolova E. E., Karmadonova E. V. Trends and directions of development of the credit market (on the example of the Irkutsk region). – M.: Publishing house “NAUKA”, 2013. – 406 p.
10. Frolova E. E. New ecosystem of the financial market of the European Union: digitalization and sustainability // Bulletin of the Russian Peoples’ Friendship University. Series: Legal sciences. – 2020. – T. 24. No. 3. – P. 673-694.
FINANCIAL LAW
ZARIPOV Renat Ravilevich
Ph.D. in economical sciences, associate professor, Head of Administrative and legal disciplines sub-faculty of the Faculty of Law of the Vladimir Law Institute of the FPS of Russia
ERMAKOV Sergey Vyacheslavovich
Ph.D. in Law, associate professor, associate professor of International and public law sub-faculty of the Financial University under the Government of the Russian Federation
FEATURES OF THE APPLICATION OF TAX LEGISLATION IN RELATION TO BODIES AND INSTITUTIONS OF THE FEDERAL PENITENTIARY SERVICE OF RUSSIA AND THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA IN THE PAYMENT OF REGIONAL TAXES
At the beginning of the article, the importance of taxes in the formation of the revenue side of the consolidated budgets of the subjects of the Russian Federation is considered. Further in the article, the authors begin to analyze such regional taxes as the transport tax and the corporate property tax. Consideration of the norms of tax legislation makes it possible to identify a number of controversial points regarding the procedure for paying transport tax and corporate property tax by federal institutions of the Federal Penitentiary Service of Russia and the Ministry of Internal Affairs of Russia. An in-depth study of this issue made it possible to identify two opposite recommendations from the financial authorities, in a time context. At the end of the article, conclusions are drawn and proposals are made to improve tax legislation.
Keywords: taxes, regional taxes, budget, taxpayer, object of taxation, law enforcement agentcies.
Bibliographic list of articles
1. Information illustrated publication “Execution of the federal budget and budgets of the budget system of the Russian Federation for 2022.” [Electronic resource]. – Access mode: https://minfin.gov.ru/ru/document?id_4=303683-informatsionnoe_illyustrirovannoe_izdanie_ispolnenie_federalnogo_byudzheta_i_byudzhetov_byudzhetnoi_sistemy_rossiiskoi_federatsii_za_2022_god (date of access: 04/01/2024 ).
2. Zaripov R. R., Popova T. V. On the need to reform the transport tax // Eurasian Legal Journal. -2022. – No. 4 (167). – P. 236.
ECOLOGICAL LAW
PERELEKHOVA Tatyana Sergeevna
magister student of the Higher School of Law and Forensic-Technical Expertise of the Humanitarian Institute of the Peter the Great St. Petersburg Polytechnic University
ERMOLINA Marina Anatoljevna
Ph.D. in Law, associate professor of World politics sub-faculty of the St. Petersburg State University
FEATURES OF CADASTRAL REGISTRATION AND REGISTRATION OF RIGHTS TO A LAND PLOT, TAKING INTO ACCOUNT INFORMATION ABOUT THE PRESENCE OF MINERALS ON ITS BORDERS
The article analyzes the features of the legal regulation of the accounting of minerals within the boundaries of land plots, as well as issues of registration of rights to it. The conclusion is made about the imperfection of legal regulation in this area, the reason for which is the lack of obligation of the legal holders of land plots to clarify the location of the boundaries of land plots within a certain time frame. An analysis of changes in federal legislation and judicial practice in this area is carried out. The authors also examine foreign experience and propose to make appropriate changes to legislation.
Keywords: land plot, mining allotment, cadastral registration, registration of rights, boundaries, location, forest plot, subsoil use, information.
Bibliographic list of articles
1. Bastrykin V., Bolotskikh V., Biryukova L. Theory and practice of determining the cost of land for subsoil use // Property relations in the Russian Federation. – 2020. – No. 3 (222). – pp. 20-31.
2. Evtushkova E. P. Improvement of the procedure for allocating land from forest fund lands for subsoil use // International agricultural journal. – 2023. – No. 1. – P. 87 -112.
3. Ermolina M. A., Bushueva A. E. Legal aspects of digital transformation of cadastral registration of natural resources // Law and information: questions of theory and practice. Collection of materials of the international scientific and practical conference. Ser. “Electronic legislation”. Scientific editor: N. A. Sheveleva. – St. Petersburg, 2022. – pp. 188-193.
4. Varlamov A. A., Galchenko S. A., Antropov D. V., Komarov S. I., Shapovalov D. A. Problems of cadastres and ways to solve them // Interexpo Geo-Siberia. – 2018. – T. 2. No. 3. – P. 237-251.
ECOLOGICAL LAW
SAFARYAN Yakov Gennadjevich
lecturer of Land and environmental law sub-faculty of the Saratov State Law Academy
THE CITY AS AN OBJECT OF LEGAL PROVIDING OF ENVIRONMENTAL SAFETY
The article deals with environmental problems and factors that have a negative impact on the state of the environment in modern cities. The author defines the most general environmental problems of cities, their causes and possible health risks for the citizens of cities of the Russian Federation. The author draws attention to the need to take into account the peculiarities of specific subjects and cities for maximum individualization of legal provision of environmental safety of cities. As a result of the study, the author concludes that modern cities are an important object of legal provision of environmental safety, requiring the consideration of individual characteristics to improve the effectiveness of the legal provision of environmental safety.
Keywords: urban ecology, legal provision of environmental safety, environmental problems, causes of environmental problems of the city, health deterioration of urban citizens.
Bibliographic list of articles
1. Lyakhovenko O.I., Chulkov D.I. Main environmental problems of Russian cities and strategy for their resolution // Russian political science. – 2017. – No. 3 (4).
2. Meisner T. N. Environmental safety of a modern city as a subject of interdisciplinary research // Humanities of the South of Russia. – 2020. – No. 1.
3. Lisina N. L. Sustainable development of cities in the Russian Federation: myth or reality? // Agrarian and land law. – 2019. – No. 9 (177).
4. Lisina N. L. Legal significance of state environmental assessment in solving problems of environmental protectionenvironment in cities // Society: politics, economics, law. – 2018. – No. 9 (62).
5. Lisina N. L. On the issue of the state and trends in the development of legal environmental protection in cities // Law and State: Theory and Practice. – 2019. – No. 11 (179).
CRIMINAL LAW
AMIRKHANYAN Vahe Gagikovich
senior lecturer of Physical training sub-faculty of the Voronezh Institute of the MIA of Russia, major of police
FEDORTSOV Andrey Vasiljevich
senior lecturer of Physical training and sports sub-faculty of the Krasnodar University of the MIA of Russia
MARCHENKO Ivan Nikolaevich
senior lecturer of Physical training sub-faculty of the Educational and Scientific Complex of Special Training of the V. Ya. Kikot Moscow University of the MIA of Russia
OPTIMIZATION OF COUNTERING EXTREMIST ACTIVITY: THE ROLE OF AN INTEGRATED APPROACH
This article highlights the importance of applying an integrated approach in the fight against extremist activities. The article examines the main aspects of cooperation between departments, emphasizing its crucial role in countering extremist crime. The role of the rapid exchange of information on the spread of radical ideas and joint planning of actions was analyzed in the context of timely suppression of extremist crimes. Annual event plans are also considered, which usually include preventive conversations, surveys and the fulfillment of various requests. The article also highlights the importance of identifying subversive intentions and plans organized by extremist organizations against Russia, and emphasizes the value of supporting local media in exposing extremist ideology. An important aspect is the conduct of counter-propaganda activities to resist extremist organizations. The article also describes the role of information and propaganda participation in ensuring foreign policy measures aimed at reducing the threat of extremism. It also emphasizes the need to limit the dissemination of propaganda materials by extremist organizations and to search for authors, manufacturers and distributors of such materials. In conclusion, the article notes the importance of in-depth research and analysis for effective counteraction to extremist activities, as well as the need for continuous improvement of legal mechanisms and international cooperation to counter these crimes.
Keywords: combating extremist activities, cooperation, information exchange, preventive measures, media support, counter-propaganda, eliminating authors and distributors of anonymous materials, limiting the spread of propaganda on the Internet, responsibility for extremist crimes, improving the legal framework, analyzing the legislation of other countries, judicial practice, taking into account the people and mentality when applying legislation.
Bibliographic list of articles
1. Alekseev A.I., Ovchinsky V.S., Pobegailo E.F. Russian criminal policy: overcoming the crisis. – M., 2019. – 214 p.
2. Baglay M.V. Constitutional law of the Russian Federation: Textbook for universities. – M.: Norma, 2017. – 453 pp.
3. 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.
CRIMINAL LAW
BALABKIN Dmitriy Alexeevich
student of the Higher School of Law and Forensic Technical Expertise of Humanitarian Institute of the Peter the Great St. Petersburg Polytechnic University
ABROSIMOV Ilya Sergeevich
student of the Higher School of Law and Forensic Technical Expertise of Humanitarian Institute of the Peter the Great St. Petersburg Polytechnic University
GOGOLEVA Valentina Vladimirovna
Ph.D. in pedagogical sciences, associate professor of the Higher School of Jurisprudence and Forensic-Technical Expertise of the Peter the Great St. Petersburg Polytechnic University
THE PLACE OF LEGAL CULTURE IN THE SYSTEM OF ANTI-CORRUPTION MEASURES IN THE RUSSIAN FEDERATION
The article considers the main elements of the anti-corruption system, which are provided for by the legislation of the Russian Federation. The authors pay special attention to the legal culture and its special role in the anti-corruption system. The authors state that a systematic approach is the most effective way to combat corruption. A system of measures to combat and prevent corruption is presented. The work analyzes scientific articles, federal laws and departmental acts of the Prosecutor General’s Office of the Russian Federation. The authors use an interdisciplinary approach based on legal and pedagogical views.
Keywords:corruption, counteraction measures, system, legal culture.
Bibliographic list of articles
1. “On Combating Corruption”: Federal Law No. 273-FZ dated December 25, 2008 (as amended on December 19, 2023). [Electronic resource]. – Access mode: http://www.pravo.gov.ru (date of access: 03/31/2024).
2. “On anti-corruption examination of regulatory legal acts and draft regulatory legal acts”: Federal Law of July 17, 2009 No. 172-FZ (as amended on December 5, 2022) // SPS “ConsultantPlus” (date of access: 03/31/2024).
3. Instruction of the Prosecutor General’s Office of Russia No. 401/11, Ministry of Internal Affairs of Russia No. 2 dated 06.19.2023 “On the implementation of lists of articles of the Criminal Code of the Russian Federation used in the formation of statistical reporting” // SPS “ConsultantPlus” (date of access: 03.31.2024) .
4. Zhuravlenko N. I. Daukaev I. M. Formation of a system for combating corruption // Eurasian Advocacy. – 2013. – No. 2 (3). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/formirovanie-sistemy-protivodeystviya-korruptsii (date of access: 03/31/2024).
5. Ovchenkov V. A., Pershina V. K. Formation in society of intolerance to corrupt behavior as one of the measures to prevent corruption offenses // Bulletin of the Prikamsky Social Institute. — 2021. — No. 2 (89). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/formirovanie-v-obschestve-neterpimosti-k-korruptsionnomu-povedeniyu-kak-odna-iz-mer-profilaktiki-korruptsionnyh-pravonarusheniy (date of access: 03/31/2024 ).
6. Sazhaeva M. A. On the issue of the system of combating crime (corruption) // Law and Law. – 2018. – No. 7. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/k-voprosu-o-sisteme-protivodeystviya-prestupnosti-korruptsii (date of access: 03/31/2024).
CRIMINAL LAW
VRAZHNOV Alexey Sergeevich
Ph.D. in Law
VOLKOVA Olesya Viktorovna
Ph.D. in Law, associate professor of Jurisprudence sub-faculty of the Moscow International University
SABIEV Suliman Shamsudinovich
senior lecturer of Public and criminal law sub-faculty of the Russian New University
ON THE ISSUE OF MILITARY LAWYERS PROVIDING LEGAL ASSISTANCE IN CRIMINAL AND OTHER CASES IN THE TERRITORY OF THE SPECIAL MILITARY OPERATION IN UKRAINE
This article is devoted to the activities of lawyers in providing legal assistance to military personnel, volunteers and volunteers in the territory of a special military operation in Ukraine. Based on the existing problems of providing legal assistance, within the framework of a Special military operation, proposals are made to improve law enforcement practice and legislation related to specialized military law firms.
Keywords: Special military operation in Ukraine, SMO, soldier, volunteer, volunteer, lawyer, military lawyer, specialized bar association, military bar association.
Bibliographic list of articles
1. Anisimov V. S. Current issues of the participation of lawyers in the implementation of legal protection of freedoms, rights and interests of participants in a special military operation // Military Law. – 2023. – No. 5 (81). – pp. 103-108.
2. Vrazhnov A. S. On the issue of specialization in the legal profession // Lawyer practice. – 2016. – No. 4. – P. 45-48.
3. Novikova O. V. Who are military lawyers in Russia? // Military law. – 2018. – No. 3 (49). – pp. 24-28.
CRIMINAL LAW
KUTSEV Vladimir Valentinovich
Deputy, Representative Assembly of the Rylsky District of the Kursk Region
CAUSES AND CONDITIONS FOR COMMITTING CRIMES IN THE FIELD OF FRIEND TRAFFICKING
The article is devoted to consideration of the causes and conditions for committing crimes in the field of drug trafficking. The purpose of the study is to identify the main causes and conditions that determine drug crime, as well as to develop proposals for their neutralization and elimination. Taking into account the specifics of drug-related crime, the fight against this negative phenomenon should be carried out precisely in the direction of eliminating the factors that contribute to the commission of drug-related crimes and the involvement of new persons in it. The article identifies and analyzes the main causes of drug crime. These are reasons of economic, legal, law enforcement, cultural, family, pedagogical and socio-psychological nature.
The subject of the study is the causes and conditions contributing to the emergence and growth of drug crime. The relevance of the research topic is beyond, since the problem of drug crime doubt is still quite acute.
Research methodology. During the study, general scientific methodsof cognition were used: analysis, synthesis, induction, deduction, analogy, universal dialectical, formal legal and other methods. The chosen methodology made it possible to comprehensively study all aspects of the topic. The result of the study was the identification of the main causes and conditions for committing crimes in the field of drug trafficking (economic, legal, law enforcement, cultural, family-pedagogical and socio-psychological). Proposals for their effective neutralization and elimination were also formulated. Attention was drawn to the fact that, as part of strengthening the fight against drug crime, it is necessary to work towards increasing the legal culture, legal awareness and legal literacy of the population.
The results of this study, the conclusions drawn and the proposals formulated can be used in the future to improve the anti-drug legislation of the Russian Federation, as well as in the practice of law enforcement agencies. The scientific novelty of the study is expressed in a comprehensive analysis of the totality of the causes and conditions for committing crimes in the field of drug trafficking, their systematization and the development of an integrated approach to neutralize their influence.
It is concluded that the fight against drug crime should not be limited to eliminating negative consequences. A much greater effect can be achieved if we work with the causes and conditions that determine drug crime.
Keywords: causes of drug crimes, conditions of drug crime, drug trafficking, narcotic drugs, drug addicts, law enforcement agencies, fight against drug crime, legal consciousness, legal culture, youth.
Bibliographic list of articles
1. Avanesov G. A. Crime and its causes in the USSR [Text] / Ed. Doctor of Law sciences, prof. K. E. Igosheva; Academician Ministry of Internal Affairs of the USSR. Department of Crime Prevention. – Moscow. 1976. – 48 p.
2. Beloglazov V. A. Causal complex of crime: questions of theory and methodology: dis. …cand. legal Sci. – Sverdlovsk, 1989. – 221 p.
3. Bluvshtein Yu. D. Methodological problems of studying crime and the personality of the criminal: (Logical-mathematical aspect): Abstract of thesis. dis. for the job application scientist Doctor of Law degrees Sci. – Moscow, 1975. – 33 p.
4. Volzhenkin B.F. Immediate cause of crime // Questions of studying crime and combating it. Collection of materials of the III All-Union Scientific Seminar on Problems of Criminology. – M.: Publishing House of the All-Union Institute for the Study of the Causes and Development of Crime Prevention Measures, 1975. – P. 159-165.
5. Galuzinsky A. A. Causes and conditions of crime associated with illegal drug trafficking // Problems of economics and legal practice. – 2012. – P. 45.
6. Kombarova A. Yu. A surge in drug addiction in Russia as a consequence of the reforms of the 90s // Bulletin of the Irkutsk State Transport University. – 2010. – No. 5 (45). – pp. 362-365.
7. Shabanov L.V., Firsova O.V. Comparative analysis of situational drug use in the youth subculture among adolescents with different family status // Bulletin of Tomsk State University. – 2007. – No. 301. – P. 186-192.
8. Zasseev D. A. Social and legal analysis of the spread of drug addiction in the modern world // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2016. – No. 3 (71). – pp. 108-111.
9. Karpets I. I. Modern problems of criminal law and criminology. – Moscow: Legal. lit., 1976. – 223 pp.
10. Galuzinsky A. A. Causes and conditions of crime associated with illegal drug trafficking // Problems of economics and legal practice. – 2012. – No. 1.
11. Luneev V.V. Trends in modern crime and the fight against it in Russia // State and law. – 2004. – No. 1. – P. 5.
12. Chashnikova V. A., Alimpiev S. A., Causes and conditions for committing crimes related to the illegal trafficking of narcotic drugs and psychotropic substances // Bulletin of the Tyumen Institute for Advanced Training of Employees of the Ministry of Internal Affairs of Russia. – 2015. – No. 2 (25). – pp. 174-180.
13. Kirsanov A. N. Countering drug trafficking and drug addiction in the national security system of Russia: political science analysis: dis. … doc. watered Sci. – M., 2010. – P. 33.
14. Kudryavtsev V. N. Causality in criminology: (On the structure of individual criminal behavior). – Moscow: Legal. lit., 1968. – 175 pp.
15. Piontkovsky A. A. The doctrine of crime in Soviet criminal law. – Moscow: Gosyurizdat, 1961. – 666 p.
CRIMINAL LAW
MAKHMUDOVA Maryana Amrullakhovna
Ph.D. in Law, associate professor, Deputy Head of Criminal law and public law disciplines sub-faculty of the Dagestan State University of National Economy, Makhachkala
MARIANOV Alikhan Abdulaevich
Ph.D., associate professor of the R. Gamzatov Dagestan State Pedagogical University, of the DagestanState University, branch in Izberbash
PROBLEMATIC ISSUES OF AN UNFINISHED CRIME
The article analyzes the norms of Russian criminal law, which describe the differences between a completed and an unfinished crime, and also examines the practice of their application, including the difference between preparation and attempt.
When investigating crimes, it is extremely important to correctly determine the stage of its commission, since the various stages reflect the level of implementation of the criminal intent. The presence of a certain stage of the crime significantly affects the public danger of the deed and is taken into account when considering the issue of criminal liability. Based on the analysis of criminal legislation, judicial practice and theoretical provisions, conclusions and proposals were made to improve the Criminal Code of the Russian Federation.
Keywords: preparation for a crime, an unfinished crime, the composition of an unfinished crime.
Bibliographic list of articles
1. Bezugly S. N. To the concept of “Unfinished Crime” // Gaps in Russian legislation. – 2014. – No. 2. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/k-ponyatiyu-neokonchennoe-prestuplenie (date of access: 04/05/2024).
2. Klochenko L. N. The reality of the threat of murder or harm to health // Law and state: theory and practice. – 2019. – No. 10 (178). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/realnost-ugrozy-ubiystvom-ili-prichineniem-vreda-zdorovyu (date of access: 04/05/2024).
3. Khrushchev A.V. Distinction between preparation for a crime and attempted crime // E-Scio. – 2021. – No. 6 (57). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/razgranichenie-prigotovleniya-k-prestupleniyu-i-pokusheniya-na-prestuplenie (date of access: 04/05/2024).
4. Chernenko T. G. Some questions of qualification of preparation for a crime and attempted crime // Bulletin of the Kuzbass Institute. – 2016. – No. 3 (28). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/nekotorye-voprosy-kvalifikatsii-prigotovleniya-k-prestupleniyu-i-pokusheniya-na-prestuplenie (date of access: 04/05/2024).
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
GRIGORYAN Ani Khachaturovna
magister student of Organization of combating economic crimes sub-faculty of the Samara State University of Economics
ACTUAL ASPECTS OF CRIMINAL LIABILITY FOR EMBEZZLEMENT OF FUNDS FROM BANK CARDS COMMITTED USING INFORMATION AND COMMUNICATION TECHNOLOGIES
The article reveals the reasons for the intensive use of bank cards by individuals and their spending operations through non-cash funds through convenient and expeditious financial transactions. The transfer of the money circulation system to the electronic space is accompanied by an increase in the number of criminal encroachments on citizens’ funds stored in the current accounts of credit institutions, due to the awareness of intruders about the form and place of accumulation of finances of specific persons. The active use of information and communication technologies (hereinafter – ICT) in all spheres of life has also affected the criminal world, which initiates the use of such innovations as a means of committing illegal acts.
These factors lead to an increase in the number of funds from bank cards committed using ICT. In this regard, the legislator corrects and supplements the norms of the criminal law in order to clarify and optimize existing regulatory methods for the prevention of this type of crime. At the same time, to date, there is no certainty in law enforcement practice: according to which article of the Criminal Code of the Russian Federation (hereinafter – the Criminal Code of the Russian Federation) the deed should be qualified, within the framework of which structure a selfish gratuitous encroachment on citizens’ money from banking products withdrawn using ICT is carried out. The differentiation of illegal acts by open (explicit) and implicit theft of non-cash funds raises the question. All this generates a scientific discussion and causes difficulties in law enforcement practice in bringing criminals to justice for stealing money from bank cards using ICT.
Keywords: electronic resources, information and communication technologies, money, malware, remote access, computer information, information networks, unauthorized access, criminal activity, “phishing”, theft from bank cards.
Bibliographic list of articles
1. Bordakova A. G., Dimoksyan A. A. Problems of using modern information and technical means for integrating special knowledge in the development and improvement of expert research in law enforcement // All-Russian student Lomonosov readings. Collection of articles of the II All-Russian Scientific and Practical Conference. – Petrozavodsk, 2022. – pp. 11-17.
2. Demenkov V. A., Alekhin V. P. Fraud in the field of computer information: on the issue of qualification and application of Art. 159.6 of the Criminal Code of the Russian Federation // Trends and developments of science and education. – 2023. – No. 104-8. – pp. 130-132.
3. Ishmeeva A. S., Gubaidullina I. N. Phishing as a method of stealing funds from bank accounts // Institutions and mechanisms of innovative development: world experience and Russian practice. Collection of articles of the 11th International Scientific and Practical Conference. – Volume 1. – Kursk, 2021. – P. 185-188.
4. Kalentyeva T. A., Mastyaev D. S. The use of digital technologies at the initial stage of crime investigation // Development of science and practice in a globally changing world under risk conditions. collection of materials from the IX International Scientific and Practical Conference. – Moscow, 2022. – pp. 86-89.
5. Maloletko N. E., Vorobyova T. I., Markin E. O. Classic phishing attacks, viruses and Trojan horses as threats to the economic security of enterprises // Current problems and prospects for economic development: Russian and foreign experience. – 2017. – No. 12. –P. 48-51.
6. Rad K. A. Problems of qualifying the theft of non-cash funds using someone else’s bank card // Theory of law and interstate relations. – 2021. – T. 1. No. 3 (15). – pp. 116-121.
7. Ryabinina T.K., Ryapolova Ya.P., Chistilina D.O. Current problems of identifying and investigating remote thefts from a bank account // Bulletin of the Belgorod Legal Institute of the Ministry of Internal Affairs of Russia. – 2023. – No. 4. – P. 31-37.
8. Suvorova M. A. Features of initiating a criminal case on the fact of theft of funds from bank cards // Law enforcement function of the state: current issues of history, theory and law enforcement practice. Materials of scientific and representative events. – Moscow, 2022. – pp. 255-257.
9. Torop S.S. Problems of qualifying theft of funds using bank cards: current state // Russian science: current research and development. Collection of scientific articles of the XIV All-Russian Scientific and Practical Conference. – Samara, 2022. – pp. 400-404.
10. Shakhov N. A. Prevention of theft of funds from bank cards // Culture of information security: challenges of the time. Materials of the XIV International Scientific and Practical Conference of Students, Postgraduate Students and Young Scientists. – Moscow, 2024. – pp. 86-90.
CRIMINAL LAW
MIKHAYLOVA Irina Anatoljevna
Ph.D. in Law, associate professor, professor of Criminal law disciplines sub-faculty of the I. D. Putilin Belgorod Law Institute of the MIA of Russia
IBODOV Ruslan Nutfullaevich
the commander of the platoon of the PPSP LO of the MIA of Russia of the Moscow-Savelovskaya station of the MIA of Russia in the Central Federal District
TOPICAL ISSUES OF COUNTERING TRANSNATIONAL CRIME IN THE RUSSIAN FEDERATION
The article discusses some directions for improving the criminal policy of the Russian Federation in the field of countering transnational crime, in particular, by expanding the list of articles on crimes of a terrorist and extremist nature. An important area of criminal policy is the fight against organized and corruption crime. The authors note that the prevention of transnational crime, due to a number of objective reasons, is carried out by law enforcement agencies mainly through the use of their own national resources, which is one of the most important problems of the modern criminal policy of the Russian Federation.
Keywords: transnational crime; fighting crime; criminal policy; organized crime corruption-related crimes.
Bibliographic list of articles
1. Dadalko V. A., Pobedushkina V. A. Methods of counteracting transnational crime in Russia // Academic Council. – 2020. – No. 10. – P. 18-25.
2. Statistics of preliminary investigations of particularly serious crimes committed by an organized group. [Electronic resource]. – Access mode: http://crimestat.ru/offe№ses_chart (access date: 05/17/2023).
3. Statistics on corruption in 2022: All-Russian public organization for promoting the implementation of civil anti-corruption initiatives “Commission for Combating Corruption.” [Electronic resource]. – Access mode: https://clck.ru/34ESXY (date of access: 05.18.2023).
4. Russia set a record for the number of corruption crimes. [Electronic resource]. – Access mode: https://lenta.ru/news/2021/08/30/record/ (yesdate of appeal: 05/18/2023).
5. The prosecutor’s office estimated the damage from corruption in 2022 at more than 37 billion rubles. [Electronic resource]. – Access mode: https://www.rbc.ru/society/09/12/2022/639296d89a7947dce491f2f5 (access date: 05/18/2023).
6. Dynamics of crimes under Art. 290 of the Criminal Code of the Russian Federation (taking a bribe) in the Russian Federation for 2014-2021. according to the General Prosecutor’s Office of the Russian Federation. [Electronic resource]. – Access mode: http://crimestat.ru/ (date of access: 05/19/2023).
7. International cooperation in the fight against transnational organized crime. [Electronic resource]. – Access mode: https://www.mid.ru/ru/foreign_policy/international_safety/crime/1848385/ (date of access: 03/10/2024).
CRIMINAL LAW
MURTAZIN Artur Ilgamovich
Deputy Head of Fire and tactical special training sub-faculty of the Ufa Law Institute of the MIA of Russia
BULATOV Denis Valerjevich
lecturer of Fire and technical training sub-faculty of the Barnaul Law Institute of the MIA of Russia
PLATONOV Leonid Alexeevich
senior lecturer of Fire preparation sub-faculty of the Siberian Law Institute of the MIA of Russia, Krasnoyarsk
FEATURES OF INVESTIGATION AND DISCLOSURE OF CRIMES RELATED TO ILLICIT DRUG TRAFFICKING
This article examines the main trends related to the methods of investigation and disclosure of crimes related to illicit trafficking in narcotic drugs, psychotropic substances and their analogues, examines the regulatory framework that allows to bring persons to criminal responsibility, as well as the methods and mechanism of committing this group of crimes, on the basis of which specific features are considered, related to the production of investigative actions.
Keywords: narcotic drugs and psychotropic substances, crime investigation, inspection of the scene, investigative actions.
Bibliographic list of articles
1. Portal of legal statistics of the Prosecutor General’s Office of the Russian Federation. [Electronic resource]. – Access mode: http://crimestat.ru/
2. Kontemirova Yu. V. Organization and tactics of conducting operational search activities to identify and disclose facts of illegal sale of narcotic drugs and psychotropic substances at the present stage of the fight against crime // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2014. – No. 4 (19).
3. Kustov A.M., Murzagalieva O.K., Shimanovskaya K.E. Typical information about the identity of a criminal during the investigation of crimes committed in the sphere of drug trafficking // Advances in chemistry and chemical technology. – 2017. – No. 7 (188).
4. Kuzmichev Yu. V. Features of the application of a preventive measure in the form of a prohibition of certain actions under the Russian Criminal Procedure Law // Current problems of science and practice in the research of young scientists: Collection of articles based on the results of the All-Russian Scientific and Practical Conference, Nizhny Novgorod, November 14, 2019 of the year. – Nizhny Novgorod: Nizhny Novgorod Academy of the Ministry of Internal Affairs of the Russian Federation, 2020. – P. 149-153. – EDN SHOGKE.
5. Muzafin R.R. Tactical methods of interrogating a suspect and accused to give truthful testimony // Current problems of the state and society in the field of ensuring the rights and freedoms of man and citizen. – 2021. – No. 1. – P. 206-209. – EDN QFKGBJ.
6. Romanov R. A., Gorbacheva E. V. Features of interrogation on crimes related to illegal drug trafficking // Universum: economics and jurisprudence. – 2023. – No. 5 (104).
CRIMINAL LAW
MUGINOVA Zulfiya Radikovna
senior lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia, lieutenant colonel of police
CONDITIONS FOR THE LEGALITY OF CAUSING HARM WHEN DETAINING A PERSON WHO COMMITTED A CRIME
The Russian Federation has embarked on the path of democratic transformations that affected the sphere of the individual, society and state. Such transformations are unthinkable without improving measures to combat crime, which poses a threat to the social system of the state, as well as to every citizen living in the country. Despite the attempts made by the Ministry of Internal Affairs of the Russian Federation to improve the crime situation through the development and adoption of various government programs, the number of crimes committed that create danger for the citizens of the country has not decreased over time. One of the effective means of identifying criminals and bringing them to criminal responsibility is detention. This article analyzes the conditions for the legality of causing harm during the detention of a person who has committed a crime. Compliance with these conditionstions is the basis for recognizing the act as a circumstance excluding the criminality of the act.
Keywords: detention, criminal, crime, causing harm, legality of harm.
Bibliographic list of articles
1. Kulikov S. Causing harm during the detention of a criminal // Soviet justice. –1981. – No. 22. – P. 14-17.
2. Nikulenko A. V. Conditions for the legality of causing harm during the detention of a person who has committed a crime in domestic and foreign criminal legislation // Bulletin of St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2009. – No. 2. – P. 19-21.
3. Tkachenko V.I. Responsibility for harm caused during the detention of a criminal // Social legality. – 1970. – No. 8. – P. 37-42.
4. Chulyukov O. O. Conditions for the legality of causing harm during the detention of a person who has committed a crime // Young scientist. – 2019. – No. 16 (254). – pp. 146-149.
5. Shavgulidze T. The right of citizens to detain a criminal should be regulated by law // Soviet justice. – 1966. – No. 2. – P. 9-16.
CRIMINAL LAW
NESTERENKO Andrey Vladimirovich
Deputy Head of Law enforcement organization sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia
ON THE ISSUE OF THE IDEOLOGY OF TERRORISM AND WAYS TO COUNTER IT
The article discusses the concept of the ideology of terrorism and ways to counter it. The author concludes that the formation of the ideology of terrorism is influenced by extremist, radical or fanatical views that call for struggle, destruction or seizure of power. Countering this ideology requires a comprehensive approach that includes education, the promotion of peaceful values, strengthening the legal system, developing international cooperation and raising public awareness of the signs and consequences of terrorism.
Keywords: terrorism, ideology of terrorism, terrorist activities, terrorist organizations, prevention of terrorism.
Bibliographic list of articles
1. Pochebut L. G. Psychology of terrorism // Bulletin of St. Petersburg University. – 2005. – No. 3.
2. Aripshev A. M. Ways to counter terrorism and violent extremism: a priority direction for ensuring national security // Journal of Applied Research. – 2022. – No. 2.
3. Alferova E. V. Legal foundations of the fight against terrorism in the European Union // Current problems of Europe. – 2021. – No. 4 (112).
4. Margiane A.L. The concept and main signs of terrorism // Novaum. – 2017. – No. 7.
5. Bondar B. A. Organizational and legal basis for the participation of internal affairs bodies in the national system of countering terrorism // Bulletin of Science. – 2020. – T. 4. – No. 2.
6. Chernova E. R. Methods of combating terrorism in the Russian Federation // Alley of Science. – 2017. – T. 5. – No. 16.
7. Boldyrev S.V. International legal regulation of countering terrorism // Military law. – 2022. – No. 2 (72).
CRIMINAL LAW
OSADCHAYA Natalya Georgievna
Ph.D. in Law, associate professor, associate professor of Criminal law sub-faculty of the Rostov branch of the Russian State University of Justice
EXEMPTION FROM CRIMINAL LIABILITY AND PUNISHMENT OF CONTRACTS AND CONTRACTORS DURING MOBILIZATION OR WARTIME: ISSUES OF LEGAL REGULATION
This article is devoted to the analysis of the basis and conditions for exemption from criminal liability and punishment during the period of mobilization or during hostilities, persons who are subject to the provisions of Art. 78.1 and 80.2 of the Criminal Code of the Russian Federation. The article provides an interpretation of the terms used by the legislator in the analyzed articles, clarifies the moment of the end of the criminal prosecution of persons released under these articles, and raises the problems of limiting the scope of the articles 78.1 and 80.2 of the Criminal Code of the Russian Federation.
Keywords: release, criminal liability, punishment, mobilization, wartime.
Bibliographic list of articles
1. Federal Law of March 23, 2024 No. 64-FZ “On Amendments to the Criminal Code of the Russian Federation and the Criminal Procedure Code of the Russian Federation” // Collection of Legislation of the Russian Federation.” – 03.25.2024. – No. 13. – Art. 1687
2. Marina Nagornaya. Will persons who entered into a contract with the RF Armed Forces during the SVO period be exempt from criminal liability? // Lawyer’s newspaper – March 15. – 2024. – No. 3. [Electronic resource]. – Access mode: https://www.advgazeta.ru/novosti/litsa-zaklyuchivshie-kontrakt-s-vs-rf-v-period-svo-budut-osvobozhdeny-ot-ugolovnoy-otvetstvennosti/ (date of access: 23.04. 2024).
3. DecreePresident of the Russian Federation dated September 21, 2022 No. 647 “On the announcement of partial mobilization in the Russian Federation” // SZ RF. – 09.26.2022. – No. 39. – Art. 6590.
4. Zagvozdkin N. N., Korshikova E. O. Federal Law of June 24, 2023 No. 270-FZ “On the peculiarities of criminal liability of persons involved in participation in a special military operation”: notes in the margins // Education. The science. Scientific personnel. – 2023. – No. 4. – P. 101-105.
5. Mozhaiskaya L. A. Special norm on exemption from criminal liability of participants in a special military operation // Law and Law. – 2023. – No. 11. – P. 240-242.
6. The Duma adopted in the third reading the law on the release of conscripts from criminal liability // Interfax. – June 20. – 2023. [Electronic resource]. – Access mode: https://www.interfax.ru/russia/908205 (date of access: 04/23/2024).
CRIMINAL LAW
RADCHENKO Olga Viktorovna
Ph.D. in Law, associate professor, associate professor of Criminal law sub-faculty of the Institute of Law of the Irkutsk State University
SMOLYANINOVA Diana Viktorovna
magister student of the 2nd course of the Institute of Law of the Irkutsk State University
SUFFERING AS A RESULT OF EXTREME CRUELTY DURING THE COMMISSION OF CRIMES: HISTORICAL AND LEGAL ANALYSIS
The article discusses a problematic issue related to the definition of such a result of the manifestation of special cruelty by criminals when committing an act provided for by the norms of the Criminal Code of the Russian Federation as suffering. The position of considering suffering as a result of particularly cruel behavior in the commission of crimes is substantiated. Also within the framework of this article, the results of the historical development of this assessment category are reflected. Based on a study of legal literature and law enforcement practice, its essence and distinctive features are revealed. The author proposes to consolidate the analyzed provisions at the level of explanations of the highest court – in the resolution of the Plenum of the Supreme Court of the Russian Federation, dedicated to the interpretation of special cruelty.
Keywords: cruelty, special cruelty, criteria for special cruelty, qualified sign of a crime, suffering, torment.
Bibliographic list of articles
1. Seregina E. V., Casanova T. A. Difficulties of criminal legal assessment of the signs of crimes committed with extreme cruelty // International Journal of Humanities and Natural Sciences. 2018. No. 5. P. 271-274.
2. Russian legislation of the 10th-20th centuries: in 9 volumes. Legislation of Ancient Rus’. M.: Legal. lit., 1984. T. 1. 432 pp.
3. Russian legislation of the 10th-20th centuries: in 9 volumes. Judicial Reform. M.: Legal. lit., 1984. T. 8. 496 pp.
4. Code of criminal laws. SPb.: In the printing house of the II Department of His Imperial Majesty’s Own Chancellery. 560 pp.
5. Tagantsev N. S. Code of Criminal and Correctional Punishments 1885 St. Petersburg, 1910. 1114 p.
6. Collection of documents on the history of criminal legislation of the USSR and the RSFSR 1917-1952. M.: State Publishing House of Legal Literature, 1953. 460 pp.
7. Criminal Code of the RSFSR of June 1, 1922. Lost force // RF SU. 1922. No. 15. Art. 153.
8. Criminal Code of the RSFSR of October 27, 1960 No. 63-FZ. Lost power. // NW RF. 1996. No. 25. Art. 2954.
9. Criminal Code of the Russian Federation of June 13, 1996 No. 63-FZ (as amended on March 18, 2023) // SZ RF. 1996. No. 25. Art. 2954.
10. Resolution of the Plenum of the Supreme Court of the Russian Federation of January 27, 1999 “On judicial practice in murder cases (Article 105 of the Criminal Code of the Russian Federation)” // Bulletin of the Supreme Court of the Russian Federation. 1999. No. 3. P. 3.
11. Resolution of the plenum of the Supreme Court of the Russian Federation dated December 4, 2014 No. 16 “On judicial practice in cases of crimes against sexual integrity and sexual freedom of the individual” // Bulletin of the Supreme Court of the Russian Federation. 2015. No. 2. P. 3.
12. Ivasenko N.R. The concept of “special cruelty” in Russian criminal law // Young scientist. 2021. No. 7. P. 110-112.
13. Menshikova A.G. Suffering as a result of the manifestation of special cruelty during the commission of a crime // Russian legal journal: application. 2017. No. 6. P. 91-96.
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
SOME QUESTIONS OF QUALIFICATION OF ONGOING CRIMES AGAINST SEXUAL INTEGRITY
In the article, taking into account the clarifications set out in the resolutions of the Plenum of the Supreme Court of the Russian Federation dated 12.12.2023 No. 43 “On certain issues of judicial practice in criminal cases of ongoing and ongoing crimes” and dated 12/04/2014 No. 16 “On judicial practice in cases of crimes against sexual integrity and sexual freedom of the individual”, as well as taking into account the established law enforcement practice and scientific views on the qualification of crimes committed against two or more persons, a legal assessment of possible qualification options is given, taking into account certain circumstances, and the issue of personal protection is also raised from the standpoint of the principle of justice with the established position on criminal liability of persons who infringe on sexual integrity.
Keywords: crime, punishment, justice, qualification of crimes, ongoing crime, crime against two or more persons, crimes against sexual integrity, lewd acts.
Bibliographic list of articles
1. Gusarova M.V. Issues of qualification of crimes against sexual integrity and sexual freedom of the individual // Bulletin of the Krasnodar University of the Ministry of Internal Affairs of Russia. – 2020. – No. 2 (48). – pp. 34-38.
2. Akieva D. Yu. Qualifying feature of “two or more persons”: controversial issues of interpretation // Criminal policy and law enforcement practice: Collection of materials of the IX International Scientific and Practical Conference, St. Petersburg, March 11, 2022 / Under the general editorship of E. N. Rakhmanova. – St. Petersburg: Center for Scientific and Information Technologies “Asterion”, 2022. – pp. 64-70.
3. Magomedov G. B., Dzhamalova B. B. Problems of qualification of ongoing and ongoing crimes in the context of the Resolution of the Plenum of the Supreme Court of December 12, 2023 No. 43 “On some issues of judicial practice in criminal cases of ongoing and ongoing crimes” // Law and state: theory and practice. – 2024. – No. 1 (229). – pp. 265-268.
4. Korotkikh N. N. Problems of qualification of crimes committed against two or more persons // Legal science. – 2016. – No. 1. – P. 86-91.
CRIMINAL LAW
CHEREPNENKO Elena Alexandrovna
Ph.D. in Law, senior lecturer of Criminal law and criminology sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, Simferopol
GENERAL CHARACTERISTICS OF LATENT CRIME AND THE MAIN METHODS OF ITS ASSESSMENT
In the article, the author draws attention to the multiple definitions of latent crime, which are described in doctrinal sources and identifies the main individual elements and signs of latent crime. The paper considers certain types of latent crime, taking into account which it is possible to build a fight against the definition under study on the principles of individuality. A separate aspect considers the characteristics of certain types of latent crime, which can be used to study and analyze the crime rate in society and the effectiveness of law enforcement agencies. The paper formulates the main components of latent crime as a category in criminology and the methods used to assess the level of latent crime and to develop measures to reduce it.
Keywords: law enforcement agencies, latent crime, types of latent crime, punishment, crime prevention.
Bibliographic list of articles
1. Kaziev A. Z., Karaeva L. Kh. Difficulties in identifying latent crime // Magistracy Bulletin. 2019. No. 5-5 (92). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/slozhnosti-vyyavleniya- latentnoy-prestupnosti
2. Avanesov G. A., Inshakov S. M., Antonyan E. A. [et al.] Criminology: textbook / Ed. G. A. Avanesova. – 7th ed., revised. and additional Moscow: Unity-Dana, 2020. 449 p.
3. Antonyan E. A., Kirillov S. I., Kiryukhin A. B. [et al.] Criminology and crime prevention: textbook. Moscow: Unity-Dana, 2020. 335 p.
4. Arzamasov V. Yu. Latent crime: concept, inhomogeneous nature, preventive measures // Vestnik VSU. Series: Law. 2022. No. 1 (48).
5. Toropin Yu. V. Latent crime: concept, essence and structure // Proceedings of the Academy of Management of the Ministry of Internal Affairs of Russia. 2011. No. 2 (18)
6. Criminology and crime prevention: textbook / Team of authors; under general ed. V. I. Gladkikh. M.: JUSTICE, 2019. P. 45.
7. Inshakov S. M. Latent crime as an object of research // Materials of the round table held by the Research Institute of the Academy of the General Prosecutor’s Office of the Russian Federation on the topic “Research of latent crime” on April 21. M., 2010. P. 6-13.
8. Kazantsev S. Ya., Eriashvili N. D., Shevko N. R. [et al.] Legal statistics: textbook / Ed. S. Ya. Kazantseva, S. M. Inshakova. – 4th ed., revised. and additional Moscow: Unity-Dana: Law and Law, 2021. 367 pp.
9. Kuzmina N.V. Criminology: textbook for undergraduate studies: [16+]. Moscow; Berlin: Direct-Media, 2020. 344 p.
10. Kurganov S.I. Criminology: textbook. – 4th ed., revised. and additional Moscow: Unity-Dana: ZakoN and Law, 2017. 184 p.
11. Plyaskina K. S. Causes of latent crime // Questions of science and education. 2017. No. 6 (7).
12. Kaiser G. Criminology. Introduction to the basics. M., 1979. pp. 178-179.
13. Kurnikov V. A. Causes and conditions of artificial latency of penitentiary crime // Gaps in Russian legislation. 2011. No. 2.
CRIMINAL LAW
VASILJEVA Darya Vladimirovna
assistant of Foreign law and comparative law sub-faculty of the Institute of Law of the Siberian Federal University, Krasnoyarsk
PROBLEMS OF DETERMINING OBJECTIVE SIGNS OF ILLEGAL ACTIONS IN BANKRUPTCY
The article deals with the problem of applying the corpus delicti provided for in Article 195 of the Criminal Code of the Russian Federation, which is caused by an ambiguous understanding of the objective side. The context of the commission of this crime is the presence of signs of bankruptcy. However, with this formulation, the boundaries of the period during which signs of bankruptcy occur are not clear. In addition, the scope of the disposition of Article 195 of the Criminal Code of the Russian Federation leads to a confusion of the terms “concealment”, “transfer”, “alienation” of property. It is proposed to distinguish these concepts based on the grounds discovered. Due to the difficulty of understanding the objective side of the composition and the lack of clear criteria in the legislation, judicial practice rarely uses the norm of misconduct in bankruptcy.
Keywords: insolvency (bankruptcy), illegal actions in bankruptcy, signs of bankruptcy, crime situation, objective side, concealment of property, transfer of property, alienation of property, improvement of criminal legislation.
Bibliographic list of articles
1. Zhuravleva E. N. Criminal bankruptcy: criminal legal characteristics and qualification issues: Dis. …cand. legal Sci. – Omsk, 2006.
2. Mikhalev I. Yu. Criminal bankruptcy: monograph. – St. Petersburg: Legal. Center Press, 2001.
3. Pestereva Yu. S., Rozhkova O. I., Shaglanova A. N. Criminal liability for illegal actions in bankruptcy: current state, problems and ways to solve them // Siberian Legal Review. – 2022. – No. 4. – P. 407-418.
4. Summary statistical information on the activities of federal arbitration courts for 2022. [Electronic resource]. – Access mode: http://www.cdep.ru/index.php?id=79&item=7650 (date of access: 04/10/2024).
5. Subachev A.K. Problems of establishing the situation of committing illegal actions during bankruptcy // Current problems of Russian law. – 2021. – No. 1. – P. 120-127.
6. Criminal law of the Russian Federation. Special part: Textbook / Ed. L. V. Inogamova-Khegai, A. I. Raroga, A. I. Chuchaeva. – M.: CONTRACT, INFRA-M, 2009.
7. Criminal proceedings. Data on the imposed punishment under articles of the Criminal Code. Judicial statistics of the Russian Federation. [Electronic resource]. – Access mode: http://stat.api-press.rf/stats/ug/t/14/s/17 (date of access: 04/10/2024).
8. Khristenko E.V. Evaluation criteria and qualification of illegal actions in bankruptcy (Part 1 of Article 195 of the Criminal Code of the Russian Federation) // Lawyer. – 2012. – No. 11. – P. 15-18.
9. Shishko I.V. Unlawful actions in bankruptcy (Article 195 of the Criminal Code of the Russian Federation) // Laws of Russia: experience, analysis, practice. – 2011. – No. 7. – P. 41-47.
10. Yani P. S. Criminal bankruptcy: intentional and fictitious bankruptcy // Legislation. – 2000. – No. 3. – P. 62-70.
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
THE ESSENCE AND PRINCIPLES OF CRIMINAL LAW POLICY IN THE FIELD OF PROTECTION OF THE FOUNDATIONS OF THE CONSTITUTIONAL SYSTEM OF THE RUSSIAN FEDERATION
In the content of this scientific article, the author examines the essence of criminal law policy in the field of protection of the foundations of the constitutional system, analyzes its basic principles. At the end of the preparation of this scientific study, the author formulated his own vision of the essence of criminal law policy in the field of protection of the foundations of the constitutional system, which is currently being implemented on the territory of the Russian Federation.
Keywords: criminal law policy, foundations of the constitutional system, the essence of criminal law policy, principles of criminal law policy, protection of the foundations of the constitutional system.
Bibliographic list of articles
1. Vikhrov A. A. Criminal policy of Russia: theory and practice. Monograph. – St. Petersburg: Yurayt, 2022. – 410 p.
2. Lopashenko N. A. Criminal policy. – Moscow: Wolters Kluwer, 2019. – 244 p.
3. Shestakov D. A. Terrorism and terror: a view from the position of political criminology. – St. Petersburg: St. Petersburg University of the Ministry of Internal Affairs of Russia, 2019. – 330 pp.
CRIMINAL LAW
KORCHAGIN Anatoliy Georgievich
Ph.D. in Law, associate professor, Acting Head of Competition and business law sub-faculty of the Law School of the Far Eastern Federal University, Vladivostok
MOZHENKO Nikita Sergeevich
student of the Law School of the Far Eastern Federal University, Vladivostok
RESTRICTION OF COMPETITION: ELEMENTS AND SIGNS
The relevance of the topic is due to the fact that there is no unified approach in determining the criminal-legal signs of restriction of competition. In this regard, theoretical and practical positions are analyzed. As a result, it is possible to develop certain positions concerning the topic being studied, as well as some problems. The authors emphasize some gaps that require further regulation.
Keywords: restriction of competition, competition, elements of a crime, cartel, competition law, criminal law.
Bibliographic list of articles
1. Korchagin A. G., Ivanov A. M. Competition policy and legal regulation of antimonopoly relations in Russia // Law and Politics. – 2013. – No. 5 (161). – pp. 608-615.
2. Danilovskaya A.V. Competition as an object of criminal law protection // Lex Russica. – 2020. – No. 2 (159). – pp. 75-91.
3. Tenishev A. Cartel cases: results of 2014 // Competition and law. – 2014. – No. 6. – P. 22-23.
4. Sokolovskaya E. Problems of qualification of anti-competitive agreements // Competition and law. – 2011. – No. 3. – P. 15-18.
5. Shishko I.V., Derevyagina O.E. Criminal restriction of competition (Part 1 of Article 178 of the Criminal Code of the Russian Federation): signs of the objective side // All-Russian Criminological Journal. – 2017. – No. 3. – P. 551-561.
6. Maksimov S. V. Head policy in the field of competition protection: goals and opportunities / S. V. Maksimov, K. A. Utarov; edited by L.E. Mideli, V.P. Zavarukhina. – M.: IPRAN RAS, 2018. – 80 p.
7. Shishko I.V., Derevyagina O.E. Subject of the conclusion of an agreement limiting competition (cartel) // Bulletin of Omsk State University. – Right. – 2014. – No. 1 (38). – pp. 173-180.
8. Derevyagina O. E. On the interpretation of some signs of criminal restrictions on competition // Law and Politics. – 2021. – No. 7. – P. 48-58.
CRIMINAL LAW
KOSTENKO Alla Igorevna
postgraduate student of Criminal law sub-faculty of the Volgograd State University
COERCIVE MEASURES RELATED TO THE RESTRICTION OF LIBERTY UNDER FOREIGN LEGISLATION AND LEGAL MEANS TO ENSURE THEIR ENFORCEMENT: COMPARATIVE LEGAL ANALYSIS AND PROSPECTS FOR RECEPTION BY THE RUSSIAN LEGISLATOR
The article is devoted to a comprehensive study of coercive measures related to the restriction of liberty abroad. The main aspects of the content of these measures in various countries have been studied and systematized, and the legal means to ensure their implementation have been considered. A legal comparative analysis of various models of restriction of liberty in world practice is carried out. Based on the analysis of the enforcement of coercive measures under foreign legislation and the identified problems, the conclusion is substantiated that it is necessaryto amend the current criminal and penal enforcement legislation of Russia in order to increase the effectiveness of the appointment and application of coercive measures related to restriction of liberty.
Keywords: restriction of liberty, coercive measures, criminal punishment, criminal law, supervision, penal inspection, forced labor.
Bibliographic list of articles
1. Babkina E. V. Formation of the US probation service // The penal system at the present stage, taking into account the implementation of the Concept for the development of the penal system of the Russian Federation for the period until 2030: Collection of abstracts of speeches and reports of participants in the International Scientific and Practical Conference on Problems execution of criminal penalties, Ryazan, November 17-18, 2022.
2. Barabanov N. B. Tracking and face recognition systems as a tool for operational identification of a person // Current problems in the fight against crimes and other offenses. – 2021. – No. 21-1.
3. Boyko S. B. Restriction of freedom as a type of punishment in Russian criminal law: dis. …cand. legal sciences. Specialty: 12.00.08 / Svetlana Borisovna Boyko. – Rostov-on-Don, 2001.
4. Vasiliev K. A. Probation service in the USA // Bulletin of a young scientist of the Kuzbass Institute: collection of scientific articles. Volume Issue 7. – Novokuznetsk: Kuzbass Institute of the Federal Penitentiary Service, 2021.
5. Grushin F.V., Lyadov E.V. Restriction of freedom as a criminal punishment in Russia, Belarus and Kazakhstan // Legal Bulletin of the DSU. – 2020. – T. 35. No. 3.
6. Musali Nuradel. Restriction of freedom as a type of punishment under the criminal law of the Republic of Kazakhstan: theoretical and practical problems // Gaps in Russian legislation. – 2022. – T. 15. No. 5.
7. Sokolov I. V. Restriction of freedom as a type of criminal punishment / Ed. M. B. Kostrova. – M., 2013.
8. Tsakhuev A.V. Information from mobile devices as a source of evidence in the investigation of the participation of citizens of the Russian Federation in illegal armed groups on the territory of a foreign state // Legal Bulletin of the DSU. – 2019. – T. 30. No. 2.
9. Shabanova V. B., Budanova D. Yu. Foreign experience in the execution of sentences to condemn a person to punishment without isolation from society // Theoretical and practical problems of development of the penal system in the Russian Federation and abroad: Collection of abstracts of speeches and reports of participants International scientific and practical conference. In 2 volumes, Ryazan, November 28-29, 2018. Volume 1. – Ryazan: Academy of Law and Management of the Federal Penitentiary Service, 2018.
CRIMINAL LAW
LUKYANOV Saveliy Andreevich
magister student of the Institute of Law of the Siberian Federal University, Krasnoyarsk
MISAPPROPRIATION OR EMBEZZLEMENT USING A PERSON’S OFFICIAL POSITION: QUALIFICATION MISTAKES
Judicial practice often makes mistakes in the application of Part 3 of Article 160 of the Criminal Code of the Russian Federation on the basis of the use by a person of his official position. This paper analyzes the errors of regional courts when considering cases of misappropriation or embezzlement with the use of a person’s official position, identifies the most frequent errors and offers recommendations to avoid them.
Keywords: embezzlement, misappropriation and defalcation, official position, administrative and economic functions, post, sentence.
Bibliographic list of articles
1. Judicial Department of the Supreme Court of the Russian Federation: official website. – [Electronic resource]. – Access mode: https://goo.su/Sb9NS (date of access: 05/10/2024).
2. Supervisory ruling of the Supreme Court of the Russian Federation dated February 27. 2008 No. 11-D08-1.” – [Electronic resource]. – Access mode: Access from directory. – legal system “Consultant Plus” (date of access: 05/10/2024).
3. Criminal Code of the Russian Federation dated 06/13/1996 No. 63-FZ (as amended on 08/04/2023) // SPS Consultant Plus (date of access: 05/10/2024).
4. Resolution of the Plenum of the Supreme Court of the Russian Federation dated November 30, 2017 No. 48 “On judicial practice in cases of fraud, misappropriation and embezzlement.” – [Electronic resource]. – Access mode: https://707.su/OW4 (date of access: 05/10/2024).
5. Verdict of the Zelenogorsk City Court of the Krasnoyarsk Territory dated December 17, 2012 No. 1-268/2012. – [Electronic resource]. – Access mode: https://707.su/uOv (date of access: 05.10.2024).
6. Verdict of the Zelenogorsk City Court of the Krasnoyarsk Territory dated May 27, 2015 in case No. 1-88/2015. – [Electronic resource]. – Access mode: https://goo.su/o0lMPJg (date of access: 05/10/2024).
7. The verdict of the Lesosibirsk City Court of the Krasnoyarsk Territory dated October 3, 2016 in case No. 1-332/2016. – [Electronic resource]. – Access mode: https://707.su/TrJ (date of access: 05/10/2024).
8. Ruling of the Third Court of Cassation of General Jurisdiction in case No. 77-380/2021 dated 02/11/2021. – [Electronic resource]. – Access mode: https://707.su/7Rx (date of access: 05/10/2024).
9. The verdict of the Emelyanovsky District Court of the Krasnoyarsk Territory dated May 26, 2015 in case No. 1-153/2015. – [Electronic resource]. – Access mode: https://707.su/dqi (date of access: 05/10/2024).
10. Boytsov A.I. Crimes against property. – St. Petersburg: Publishing house “Legal Center Press”, 2010. – 775 pp.
11. Krieger G. A. Qualification of theft of socialist property. – M.: Publishing house “Legal Literature”, 1971. – 336 p.
12. Verdict of the Lesosibirsk City Court of the Krasnoyarsk Territory dated September 27, 2013 in case No. 1-394/2013. – [Electronic resource]. – Access mode: https://707.su/Ugn (date of access: 05/10/2024).
13. The verdict of the Emelyanovsky District Court of the Krasnoyarsk Territory dated 02/07/2017 in case No. 1-348/2016. – [Electronic resource]. – Access mode: https://lyl.su/nDw (date of access: 05/10/2024).
14. Letter of Rostrud dated October 31, 2007 No. 4412-6 “On the procedure for making changes to job descriptions of employees.” – [Electronic resource]. – Access mode: Access from the legal reference system “Consultant Plus” (date of access: 05/10/2024).
CRIMINAL LAW
KIRILLOV Igor Alexandrovich
Ph.D. in Law, docent, Professor of the Department of Criminal Law and Criminology of the Siberian law Institute of the Ministry of internal Affairs of Russia (Krasnoyarsk)
STUPINA Svetlana Aleksandrovna
Ph.D. in Law, docent, Asssistant Professor of Forensic Science Department Siberian Fire and Rescue Academy EMERCOM of Russia (Zheleznogorsk)
CERTAIN ISSUES OF QUALIFICATION OF ASSISTANCE TO TERRORIST ACTIVITIES
The article considers certain issues on the qualification of crimes provided for in Article 205.1 of the Criminal Code of the Russian Federation. Attention is focused on the establishment of such signs of the objective side of these compositions as declination, recruitment and involvement. The individual subjective signs necessary for the qualification of such actions, depending on the method of their commission, are investigated. In addition, the authors raised the question of the rules of qualification for the involvement of a certain group of persons in the commission of terrorist crimes.
Keywords: crime, terrorism, crimes of a terrorist orientation, persuasion, recruitment, involvement, a set of crimes.
Article bibliography
1. Abdulatipov, A. M. Problems of criminal-legal regulation of responsibility for assisting terrorist activity / A. M. Abdulatipov // Legal Bulletin of Dagestan State University. – 2021. – Vol. 38, No. 2. – Pp. 108-114.
2. Conclusion on the draft federal law No. 97528-3 “On Amendments and Additions to the Legislative Acts of the Russian Federation” (11273930.163 11/27/01); Conclusion on the draft federal law No. 97528-3 “On Amendments to the Legislative Acts of the Russian Federation) and the draft resolution of the State Duma on its adoption in the second reading (06053335.163 07/06/2022). – URL: https://sozd.duma.gov.ru/bill/97528-3. (Accessed on 10.06.2024).
3. Panina, Yu. A. The relationship between the terms “instigator” and “inducement” (using Article 205.1 of the Criminal Code of the Russian Federation as an example) / Yu. A. Panina // Current issues in the development of modern society: Collection of scientific articles. – Kursk: South-West State University, 2020. – P. 61-64.
4. Brilliantov, A. Issues of complicity in the qualification of assistance to terrorist activity / A. Brilliantov // Criminal law. – 2008. – No. 3. – P. 25-30. P. 26.
CRIMINAL LAW
CHIGRINA Olesya Ruslanovna
postgraduate student of the University of the Prosecutor’s Office Russian Federation
ON THE ISSUE OF DETERMINING THE TRUE INDICATORS OF IMPROPER PROVISION OF MEDICAL CARE TO A PATIENT AS A CONDITION FOR THE CRIMINALIZATION OF THE CRIME OF THE SAME NAME
Currently, in all countries of the globe, the problem of inadequate provision of medical care to the patient persists, which does not decrease even under the influence of high technologies and modern diagnostic and treatment methods (for example, telemedicine, laser therapy , etc.) and which is focused within a larger a negative phenomenon in the healthcare system – iatrogeny, namely, facts of the doctor introducing an additional reason for the unfavorable outcome of his course for the patient (in addition to his own – the existing disease, disorder or pathological condition).
In this regard, in the Russian Federation there is an urgent need to adopt a Federal Law on apologies in relation to victims of the consequences of iatrogenics with guarantees of rehabilitation for the latter and the necessary compensation, as well as the formulation of Communication and Settlement Programs along the line “doctor (health worker) – patient”, which would open new opportunities for reducing the number of medical errors, and on a global scale would allow us to assess the prevalence of the negative social phenomenon being studied, including a possible appeal to the norms of the Criminal Code of the Russian Federation.
In modern conditions, we know rather provisionally about the scale of medical (medical) errors and facts of improper provision of medical care to patients in the Russian Federation, which does not allow us to form a complete and comprehensive criminologicalpicture of the negative phenomenon under consideration and prove the social conditionality of the adoption of a criminal ban on the inadmissibility of improper provision of medical care. assistance and its consequences.
Keywords: improper provision of medical care, unfavorable treatment outcome, statistics of medical errors, iatrogenic crimes, feasibility of bringing medical workers to criminal liability
Bibliographic list of articles
1. Amlaev K.R., Blinkova L.N., Gavrilenko N.P., Dakhkilgova Kh.T. et al. Public health and healthcare: textbook. – M.: GEOTAR-Media, 2019. – 560 pp.
2. Kibalnik A.G., Starostina Ya.V. Current problems of criminal liability of medical workers: Monograph. – M.: Ilexa, 2006. – 92 p.
3. Medical criminal law / Rep. Ed. Professor A.I. Rarog. – M.: Prospekt, 2024.
4. Muravyova V.N., Maksimenko L.L., Khripunova A.A. Organization of medical care to the population of the Russian Federation. – Stavropol: St. State Medical University Publishing House, 2017. – 132 p.
5. Patients begin to defend themselves // Evening Tomsk. 2007. March 14. No. 43 // Bureau of Forensic Medical Examination of the Tomsk Region / OGUZ BSMETO. – Tomsk, 2008. [Electronic resource]. – Access mode: http://www.bsm.tomsk.ru.
6. Sergeev Yu. D., Erofeev S. V., Kozyrev V. A. Inappropriate provision of medical care: social and legal aspects // Lawyer. – 1999. – No. 7. – P. 17-19.
7. Shaposhnikov A.V. Iatrogenesis: terminological analysis and concept construction. – Rostov-on-Don: JSC “Book”, 1998. – 112 p.
CRIMINAL PROCEDURE
AKHTYAMOVA Kristina Mikhaylovna
lecturer of the Ufa Law Institute of the MIA of Russia
PODKOVKA Svetlana Valerjevna
lecturer of the Cycle of professional and Service Training of the Ufa School for the Training of Dog Handlers of the MIA of Russia
INSTITUTE FOR ENSURING THE SECURITY OF PARTICIPANTS IN CRIMINAL PROCEEDINGS: QUESTIONS OF THEORY AND PRACTICE
The article examines the etymology of the term “security”, authors makes a small digression into the history of the development of the institution of ensuring the security of participants in criminal proceedings, analyzes the category of “protected persons”, proposes an expansion of its subject composition, considers the list of objects to be protected, as well as the essence of individual procedural security tools and problematic aspects of their implementation. In addition, the issue of criminal liability provided for by Russian legislation is disclosed.
Keywords: security, security measures, threat, protected persons, protection.
Bibliographic list of articles
1. Vasiliev A. A. The essence of the protective legal doctrine // Reference legal system “ConsultantPlus”.
2. Russian legislation of the X-XX centuries / Ed. ed. Doctor of Law, Professor O. I. Chistyakov. – Moscow: Legal literature, 1984. – T. 1. – 430 pp.
3. Kononovich S. N. Bringing a knowingly innocent person to criminal liability as a type of crime against justice – a historical and legal aspect // Collection of scientific papers based on the materials of the international scientific and practical conference. -2010. – T. 17. No. 1. – P. 13-19.
4. Belyavsky A.V. Protection of honor and dignity of the individual in the USSR // Russian State Library. Moscow: Legal literature, 1971.
5. Antoshina, A. Law on state protection of witnesses // Russian justice. – 2004. – No. 1. – P. 64-73.
6. Vvedensky A. Yu. Making decisions on carrying out measures to protect participants in criminal proceedings // Business in law. – 2014. – No. 1. – P. 142-145.
CRIMINAL PROCEDURE
LITVINOV Roman Viktorovich
lecturer of Forensic examination sub-faculty of the Siberian Fire and Rescue Academy of the EMERCOM of Russia, Zheleznogorsk
BUTOVA Kseniya Pavlovna
student of the Faculty of Higher Education of the Siberian Fire and Rescue Academy of the EMERCOM of Russia, Zheleznogorsk
CURRENT PROBLEMS OF FORENSIC EXAMINATION
In the article, the authors draw attention to the problems faced by persons who have the right to appoint and conduct forensic examinations. The authors provide examples from domestic judicial practice. The difficulties encountered by participants in criminal, civil, administrative and arbitration processes in the appointment and conduct of forensic examinations are highlighted. Cases of misconduct by officials and abuse of the rights of the parties to the proceedings are also indicated.
Keywords: forensic examination, expert, investigator, court, violation of rights, issues, problems.
Article bibliographic list
1. Federal Law “On State Forensic Activities in the Russian Federation” dated May 31, 2001 No. 73-FZ.
2. Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 21, 2010 No. 28 (as amended on June 29, 2021) “On forensic examination in criminal cases.”
3. Rossinskaya E. R. Forensic examination in civil, arbitration, administrative and criminal proceedings, 3rd ed., additional. – M.: Norma: InFRA-M, 2011. – 736 p.
4. Bibliographic description: Tsvetkov D. A. Formulating questions for an expert when appointing an examination in court proceedings. — Text: immediate // Young scientist. – 2019. – No. 47 (285). – pp. 415-417. [Electronic resource]. – Access mode: https://moluch.ru/archive/285/64136/ (date of access: 03/15/2024).
CRIMINAL PROCEDURE
MASLENNIKOVA Ekaterina Alexandrovna
Ph.D. in Law, associate professor of Criminal process and criminalistics sub-faculty of the Academy of Law and Management of the FPS of Russia
ON THE ISSUE OF LEGISLATIVE IMPROVEMENT OF THE PRINCIPLES OF CRIMINAL JUSTICE
The article analyzes the fundamental principles of criminal procedural activity, reveals the conceptual apparatus of the principles implementing the activities of the preliminary investigation bodies. The educational and scientific literature, as well as normative legal acts regulating criminal procedural activities, are reviewed and summarized. The analysis of the criminal procedure law showed that it is necessary to make changes, namely, to consolidate the concept of principles of criminal procedure in Article 5 of the Criminal Procedure Code of the Russian Federation (hereinafter referred to as the CPC of the Russian Federation ) and expand at the legislative level the list of principles on which the criminal procedure activities of the preliminary investigation bodies are based, namely, to consolidate and define such the principle of how to protect the rights of an imperfect person in criminal proceedings, the legality and validity of the sentence. The amendments to Articles 5 and Chapter 2 of the Code of Criminal Procedure of the Russian Federation are necessary in order to streamline the criminal justice system and implement other legally established principles of criminal procedure, such as equality of the parties in the course of investigative, procedural and judicial actions.
Keywords: criminal proceedings, principles of criminal procedure, the Code of Criminal Procedure of the Russian Federation, criminal procedural activity, conceptual apparatus, bodies of preliminary investigation, procedural actions.
Bibliographic list of articles
1. Voskobitova L. A. Criminal process / Textbook for bachelors. – M., 2015. – 616 pp.
2. Ozhegov S.I., Shvedova N.Yu. Explanatory dictionary of the Russian language. − 4th ed., add. − Moscow: Azbukovnik, 2000. – 940 p.
CRIMINAL PROCEDURE
MELIKOVA Aminat 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 criminology sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
JUDICIAL INVESTIGATION IN CRIMINAL CASES AS A REFLECTION OF THE MAIN PROBLEMS OF DOMESTIC JUSTICE
Judicial investigation, since its formation and consolidation as a key stage of judicial proceedings in the criminal process, has been the object of close attention of scientific research and, perhaps, the main indicator of many problems in the justice system. The independence and objectivity of the judicial process, necessary to ensure a fair decision of the court, largely depend on the legal organization of the judicial investigation, which in recent years has sometimes proven unstable. The continuous striving to find a balance between the completeness of judicial proceedings and the economy of procedural resources, between the broad rights of the courts of verification instances and the principles of legal certainty, as well as between the procedural freedom of the judge and the framework of judicial proceedings, is the eternal goal of improving domestic justice, and it is always associated with judicial investigation.
Keywords: judicial investigation, criminal cases, problems, domestic justice, Russian Federation, corruption, inequality before the law.
Bibliographic list of articles
1. Tarasov A. A., Gizatullin I. A. Judicial investigation in criminal cases as a reflection of the main problems of domestic justice // Bulletin of the Bashkir Law InstituteState University. – 2020. – No. 4 (8). – pp. 88-96.
2. Tarasov A. A. The updated Russian jury is preserved in the classical model // Legal science and practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2018. – No. 4. – P. 122-127.
3. Sharipova A. R. Unified standards of judicial acts in criminal, arbitration, civil and administrative proceedings // Legal science and practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2020. – No. 2 (50). – pp. 122-126.
4. Sharipova A. R. Termination of a case by a court in criminal, arbitration, civil and administrative proceedings: trends and accidents // Legal. Bulletin Samarsk. un-ta. – 2020. – No. 6 (2). – P. 90-95
CRIMINAL PROCEDURE
MURTAZALIEV Murtazali Kurbanismailovich
magister student of the 2nd year of full-time study of the Institute of Law of the Dagestan State University, Makhachkala
DATSIEVA Khadizhat Hasanovna
Ph.D. in Law, associate professor of Criminal process and criminology sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
THE COURT AS A PARTICIPANT IN CRIMINAL PROCEEDINGS IN THE RUSSIAN FEDERATION
The study of the functions and powers of the court in criminal proceedings is currently attracting increasing attention among modern lawyers. This article analyzes the importance of the court in criminal proceedings, since in such a complex system as criminal proceedings, the court occupies a key position. The court is not just an authority, it represents State jurisdiction in full. For a deeper understanding of this role, the article defines the judiciary and describes its role in criminal jurisdiction, paying attention to the specific procedures and used by mechanisms courts in criminal cases. The Court acts as an integral participant in criminal proceedings. The article analyzes modern problems related to the implementation and fulfillment of the court’s powers. In carrying out its functions and tasks, the court is guided by the principles laid down in the criminal process.
Keywords: defense, judicial authorities, court, power, function, powers, judicial proceedings, criminal case.
Bibliographic list of articles
1. Bogdanova P.R. The court as a participant in criminal proceedings // Perm period: Collection of materials of the scientific and practical conference within the framework of the VII International Scientific and Sports Festival of Cadets and Students. In 2 volumes, Perm, May 22, 2020 / Compiled by V. A. Ovchenkov. Volume I. – Perm: Perm Institute of the Federal Penitentiary Service, 2020. – pp. 77-80.
2. Zhilina N. Yu. General concept of participants in criminal proceedings // Development of personality and society: economic, political, legal and cultural aspects: collection of scientific papers based on the materials of the International Scientific and Practical Conference, Belgorod, December 28, 2021 / LLC Agency for Perspective Scientific Research research (APNI). – Belgorod: Limited Liability Company “Agency for Advanced Scientific Research”, 2021. – P. 48-50.
3. Rogava I. G., Arevyan A. O. Procedural status of the court in criminal proceedings // Science and education: economy and economics; entrepreneurship; law and management. – 2021. – No. 7 (134). – pp. 124-128.
4. Serkov K. E. The role and powers of the court in criminal proceedings // Universum: economics and jurisprudence. – 2022. – No. 9 (96). – pp. 31-35.
5. Sidorov E. S., Poltoratsky N. A. The court as a participant in criminal proceedings // Forum of young scientists. – 2018. – No. 5-3 (21). – pp. 248-251.
CRIMINAL PROCEDURE
MURTAZOVA Khava Magomedbegovna
magister student of the 2nd year of correspondence courses 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 criminology sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
FEATURES OF PRE-TRIAL PROCEEDINGS IN CRIMINAL CASES AGAINST MINORS
This scientific article examines the features of pre-trial proceedings in criminal cases involving minors in the Russian Federation. The main attention is paid to the analysis of the legal and practical aspects of this process, taking into account the specifics of age and psychological characteristics of adolescents. The article discusses the importance of the principle of social protection and rehabilitation of juvenile suspects, as well as their socialization. The authors emphasize the importance of involving various institutions involved in the protection of children’s rights in the pre-trial investigation process. The issue of alternative measures of influenceapplied to minors, their compliance with legislation and effectiveness is also being considered. In conclusion, the article emphasizes the need to respect the principle of confidentiality in pre-trial proceedings in criminal cases involving minors in order to protect their privacy.
Keywords: pre-trial proceedings, criminal cases, minors, Russian Federation, social protection, rehabilitation, alternative measures of influence, confidentiality.
Bibliographic list of articles
1. Dutov Yu. I., Dutov N. Yu. Some features of criminal proceedings against minors in the legislation of the CIS countries // Criminal procedural protection of the rights and legitimate interests of minors. – 2021. – No. 1 (8). – P. 33-40.
2. Ilyina M. G. Features of pre-trial proceedings regarding minors // Humanitarian readings: a collection of articles of the All-Russian scientific and practical conference dedicated to the 75th anniversary of the Great Victory: text electronic publication, Vladivostok, October 31, 2019 / Editorial board: V. V. Uncovered (chairman); M. V. Zhernova (executive editor); N. A. Shabelnikova, A. V. Milezhik, A. V. Usov. – Vladivostok: Far Eastern Federal University, 2020. – pp. 214-218.
3. Krasilnikov A.V., Ruchina A.A. Features of pre-trial proceedings on the application of compulsory medical measures against minors / Academy of Management of the Ministry of Internal Affairs of Russia. – Moscow: Limited Liability Company “Prospekt”, 2022. – 104 p.
4. Malkina T. O. Features of pre-trial proceedings in criminal cases against minors // Student scientific spring: Abstracts of reports of the All-Russian student conference dedicated to the 175th anniversary of N. E. Zhukovsky, Moscow, April 01-30, 2022. – Moscow: Publishing House “Scientific Library”, 2022. – P. 338-339.
5. Malkina T. O. Features of judicial proceedings in criminal cases against minors // Polytechnic youth magazine. – 2022. – No. 6 (71). – pp. 1-9.
6. Ugolnikova N.V., Gurdin S.V. Some issues of the procedural status of a minor accused (suspect), in respect of whom the criminal case is separated into separate proceedings // Bulletin of Economic Security. – 2019. – No. 1. – P. 111-114.
CRIMINAL PROCEDURE
ROSHKA Mikhail Yakovlevich
senior lecturer of Criminal process and criminalistics sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, Simferopol
THE ROLE OF DETERMINANTS IN THE CRIMINOLOGICAL PREVENTION OF JUVENILE DELINQUENCY
In the article, the author draws attention to such a special specific object of criminological research as juvenile delinquency. The causes and conditions contributing to its manifestation (social, moral and psychological factors) are under investigation. In addition, the early and immediate stages, as well as the prevention of relapse, were analyzed as part of individual prevention. In the work, a separate aspect considers the types of incitement as fundamental factors in the commission of crimes and some features of negative influence on the part of adults, which directly contributes to the commission of offenses by minors. The paper formulates the main directions of the prevention of this type of crime, taking into account the psychophysiological characteristics of this category of persons.
Keywords: minors, determinants, prevention, crime prevention, criminogenic factors.
Bibliographic list of articles
1. Frydenberg V.F. Intrafamily relationships and their influence on the upbringing of children and adolescents // Difficult fates of adolescents – who is to blame? M., 1991. P. 212.
2. Galzhieva A. A. Children-victims in their family // Criminal situation at the turn of the century in Russia. Criminological Association. M., 1999. pp. 144-145.
3. Vologina Zh. Yu., Spivakova N. V., Kamalov A. A. Crime among minors // Law: modern trends: materials of the international. scientific conf. 2012. No. 3.
4. Aleksandrov S.G. Deviant deviations in the personality structure of young men who committed crimes: Author’s abstract. dis. …cand. legal Sciences: 12.00.08 // Ministry of Internal Affairs of Russia, St. Petersburg University. St. Petersburg 2009.
5. Terekhova O. N. Criminological characteristics and prevention of juvenile delinquency: textbook. Manual // Krasnoyarsk: Siberian Law Institute of the Ministry of Internal Affairs of Russia. 2010. P. 92.
CRIMINAL PROCEDURE
SAFRONOV Dmitriy Mikhaylovich
doctoral student of the Research Department of the Omsk Academy of the MIA of Russia, Ph.D. in Law, associate professor, colonel of police
URGENT CASES DURING INVESTIGATIVE ACTIONS IN THE HOME IN EVERYDAY ACTIVITIES AND SPECIAL CONDITIONS
The article clarifies the content of urgent cases in the context of everyday activities and special conditions, including martial law, and proposes a range of circumstances that must be reflected in documents justifying the legality of the extraordinary procedure for carrying out investigative actions in a home.
The novelty of the article is seen in the author’s approach to naming the periods of time when an investigative action is carried out without a court decision, as well as in the proposed list of typical situations that can be assessed as urgent, including under martial law .
Keywords: urgent cases, special conditions, criminal proceedings in special conditions, martial law conditions.
Bibliographic list of articles
1. On the protection of the population and territories from natural and man-made emergencies: federal law of December 21, 1994 No. 68-FZ. (ed. dated April 14, 2023) // Collection of legislation of the Russian Federation. – 12/26/1994. – No. 35. – Art. 3648.
2. On the practice of courts considering petitions for investigative actions related to the restriction of the constitutional rights of citizens (Article 165 of the Code of Criminal Procedure of the Russian Federation): Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 1, 2017 No. 19. // Bulletin of the Supreme Court of the Russian Federation. – No. 7. – July, 2017.
3. On the organization of a preliminary investigation in the Investigative Committee of the Russian Federation: order of the Investigative Committee of the Russian Federation dated January 15, 2011 No. 2. (The document was not published). Access from the reference search system “ConsultantPlus”.
4. On the detention of suspects and accused of committing crimes: Federal Law of July 15, 1995 No. 103-FZ. (ed. dated December 29, 2022) // Collection of legislation of the Russian Federation. – 07/17/1995. – No. 29. – Art. 2759.
5. On the refusal to satisfy the application for recognition as partially invalid of certain provisions of the Internal Regulations of temporary detention centers for suspects and accused of internal affairs bodies, approved. Order of the Ministry of Internal Affairs of Russia dated November 22, 2005 No. 950: decision of the Supreme Court of the Russian Federation dated April 19, 2019 No. AKPI19-100. Access from the ConsultantPlus reference search system.
6. Ovchinnikov Yu. G., Savchenko V. A. Urgent cases when making a decision to conduct a search of a home without obtaining a court decision // Law and Law. – 2018. – No. 11. – P. 63-65.
7. Alekseeva E. S. Category “urgent cases” in criminal procedural legislation and law enforcement practice // Bulletin of St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2019. – No. 4 (84). – pp. 124-130.
8. On the introduction of martial law in the territories of the Donetsk People’s Republic, Lugansk People’s Republic, Zaporozhye and Kherson regions: Decree of the President of the Russian Federation of October 19, 2022 No. 757 // Collection of legislation of the Russian Federation. – 10.24.2022. – No. 43. – Art. 7382.
9. On a state of emergency: federal constitutional law of May 30, 2001 No. 3-FKZ. (as amended on November 2, 2023) // Collection of legislation of the Russian Federation. – 06/04/2001. – No. 23. – Art. 2277.
10. On the protection of the population and territories from natural and man-made emergencies: federal law of December 21, 1994 No. 68-FZ. (as amended on April 14, 2023) // Collection of legislation of the Russian Federation. – 12/26/1994. – No. 35. – Art. 3648.
11. On countering terrorism: Federal Law of March 6, 2006 No. 35-FZ. (as amended on July 10, 2023) // Collection of legislation of the Russian Federation. – 03/13/2006. – No. 11. – Art. 1146.
CRIMINAL PROCEDURE
SOKOLOV Yuriy Nikolaevich
Ph.D. in Law, associate professor of Information law sub-faculty, associate professor of Criminalistics sub-faculty of the V. F. Yakovlev Ural State Law University, Yekaterinburg
ON THE POSSIBILITY OF EVIDENCE ARISING OUTSIDE THE CRIMINAL PROCESS
The article discusses the controversial issues of the emergence of “ready” evidence outside the framework of criminal proceedings. The author gives several points of view on this topic, substantiates his own position in relation to electronic evidence, and concludes about the possibility of the emergence of only information, but not full-fledged evidence, outside the criminal process.
Keywords: theory of evidence, trace, forensically significant information, information product, information, data, messages.
Bibliographic list of articles
1. Davletov A. A. Criminal proceedings of the Russian Federation. Lecture course. Ed. 2nd. – Ekaterinburg, 2013. – 328 pp.
2. Lazareva V. A. Collecting or forming? We continue the discussion // Judicial power and criminal procedure. – 2021. – No. 1. – P. 78-87.
3. Lazareva V. A. Evidence as a category of criminal procedural law: new (old) approaches // Legal Concept (Legal Paradigm). – 2019. – T. 18. No. 2. – P. 55–62.
4. Nesterov A. V. About information objects and their legal properties // Scientific-Technical Sciencesical information. Ser. 1. – 2014. – No. 2. – pp. 28-31.
5. Polyakov M.P., Smolin A.Yu. Conceptological analysis of the phenomenon of electronic evidence // Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2019. – No. 2 (46). – pp. 135-145.
6. Polyakov M.P. Criminal procedural interpretation of the results of operational investigative activities. – Nizhny Novgorod: Nizhny Novgorod Law Academy, 2001. – 260 pp.
7. Rossinsky S. B. Paratus evidence in criminal proceedings // Legal Bulletin of Samara University. – 2023. – T. 9. No. 3. – P. 40–48.
8. Vytovtov A. E., Rossinsky S. B. Proper understanding of the results of operational investigative activities is the key to solving the problem of their use in proving criminal cases // Lex russica (Russian Law). – 2022. – T. 75. No. 1 (182). – pp. 60–73.
9. Rossinsky S. B. Reflections on the essence of material evidence in criminal proceedings // Proceedings of the Institute of State and Law of the Russian Academy of Sciences. – 2022. – T. 17. No. 2. – P. 176-197.
CRIMINAL PROCEDURE
SUKHININ Alexander Vitaljevich
Ph.D. in Law, professor of Criminal law and process sub-faculty of the B. B. Gorodovikov Kalmyk State University, Elista, professor of Humanitarian disciplines sub-faculty of the Sebryakov branch of the Volgograd State Technical University
TSEBEKOVA Gilyana Vladimirovna
Ph.D. in Law, professor of Criminal law and process sub-faculty of the B. B. Gorodovikov Kalmyk State University, Elista
USTAROV Mirza Rizvanovich
magister student of the 2nd year of study in the direction of “Jurisprudence”, profile “Criminal procedure, judicial power, prosecutor’s office, advocacy” of the B. B. Gorodovikov Kalmyk State University, Elista
MUCHERYAEVA Gerel Arslanovna
magister student of the 2nd year of study in the direction of “Jurisprudence”, profile “Criminal procedure, judicial power, prosecutor’s office, advocacy” of the B. B. Gorodovikov Kalmyk State University, Elista
NALYKOV German Sananovich
magister student of the 2nd year of study in the direction of “Jurisprudence”, profile “Criminal procedure, judicial power, prosecutor’s office, advocacy” of the B. B. Gorodovikov Kalmyk State University, Elista
THE CONCEPT OF AN ANONYMOUS WITNESS IN RUSSIAN CRIMINAL LAW
The article discusses the development of the significance of theoretical and applied research on the problem of admissibility of testimony of anonymous witnesses. It is substantiated that the most promising direction in this area is the compatibility of the use of testimony of anonymous witnesses with the right of the accused to confront prosecution witnesses guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms. Keeping information about their identity secret from the accused and the defense attorney is provided for by the current criminal procedure legislation of the Russian Federation as a measure of their security. The most significant legal problem that has arisen in connection with the introduction of this measure is that the use of the testimony of anonymous witnesses significantly limits the right of the accused to defense. The anonymity of witnesses and the admissibility of their testimony must be subject to additional criteria compared to the admissibility of ordinary testimony.
Keywords: witness, anonymity, secrecy, state protection
Bibliographic list of articles
1. Asalkhanova A. R. Anonymity of a witness in Russian criminal proceedings // Young scientist. – 2022. – No. 19. – P. 232.
2. Brusnitsyn L.V. On the issue of supervision over the implementation of legislation in the field of ensuring the safety of participants in criminal proceedings // Legality. – 2012. – No. 9. – P. 9.
3. Dikusar E. A. An anonymous witness and a person assisting the authorities carrying out operational investigative activities // Bulletin of the St. Petersburg Legal Academy. – 2023. – No. 1. – P. 117.
4. Dikusar E. A. Testimony of anonymous witnesses in Russian criminal proceedings: dis. …for a job application. scientist step. Ph.D. legal Sciences: 12.00.09. – St. Petersburg: SPGU, 2020. – P. 18.
5. Koval A.V. Anonymity of a witness in criminal cases // Problems of improving Russian legislation: a collection of abstracts of the All-Russian (with international participation) scientific conference of cadets, listeners and students. – 2021. – P. 82.
6. Morozova E. R., Valkova T. V. Anonymity of witnesses in a criminal case: problems and ways to solve them // Current problems of preliminary investigation. Materials of the All-Russian scientific and practical conference. – 2020.
7. Osodoeva N.V. The mechanism for interrogating “anonymous” witnesses through video conferencing in court // Law and Law. – 2021. – No. 11. – P. 188.
8. Selezneva A. Yu., Myasoedova A. A. Problems of implementing the institution of witness anonymity // Unity and differentiation of pre-trial and judicial proceedings in criminal proceedings: new conceptual approaches in the light of the legacy of the great judicial reform. – 2019. – P. 314.
9. Smolkova I. V. Pseudonym of a witness in criminal proceedings (taking into account the practice of the European Court of Human Rights) // Criminological Journal of the Baikal State University of Economics and Law. – 2012. – No. 2.
10. Shestakova S. D., Markova E. A. The right to anonymity in Russian criminal proceedings // Bulletin of St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2016. – No. 1. – P. 86.
CRIMINAL PROCEDURE
ALKHIMENKO Yuliya Valerjevna
postgraduate student of the Faculty of Training Scientific Personnel of the University of the Prosecutor’s Office of the Russian Federation
ON THE QUESTION OF THE CORRELATION OF THE CONCEPTS OF ELECTRONIC AND DIGITAL EVIDENCE IN THE CRIMINAL PROCESS OF THE RUSSIAN FEDERATION
The article deals with the actual problems of the correlation of the concepts of electronic and digital evidence in the Russian criminal process. The author’s definition of the concept of electronic evidence is proposed. Special attention is paid to the need to improve the system of sources of evidence in the domestic criminal procedure law.
Keywords: criminal trial, electronic evidence, digital evidence, sources of evidence, proof, electronic information, electronic media.
Bibliographic list of articles
1. Volkova K. Yu., Zverevich V. V. Digital or electronic (Digital vs Electronic) // Scientific and technical libraries. – 2020. – No. 12. – P. 159-172.
2. Zigura N. A., Kudryavtseva A. V. Computer information as a type of evidence in criminal proceedings in Russia: monograph. – M.: Yurlitinform, 2011. – 176 p.
3. Zuev S. V. Electronic evidence in criminal proceedings: concept and significance // Legal order: history, theory, practice. – 2020. – No. 3. – P. 46-51.
4. Kostenko R.V. Evidence in criminal proceedings: conceptual approaches and prospects for legal regulation: abstract. dis. … doc. legal Sciences: 12.00.09. – St. Petersburg, 2006. – 36 p.
5. Kupryashina E. A. Sources of evidence and criteria for their assessment in the criminal process of the Russian Federation: dis. …cand. legal Sci. – Voronezh, 2007. – 223 p.
6. Lyublinsky P.I. On evidence in a criminal court: Practical commentary on Chapter IV of the Criminal Procedure Code / Prof. P. I. Lyublinsky. 2nd edition, corrected and expanded. – M.: Publishing House “Pravo and Life”, 1924. – 74 p.
7. Marfitsin P. G. Some approaches to the formulation of the concept of “electronic evidence” in criminal proceedings // Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2017. – No. 3 (39). – pp. 106-109.
8. Okonenko R.I. “Electronic evidence” and problems of ensuring the rights of citizens to protect the privacy of personal life in criminal proceedings: a comparative analysis of the legislation of the United States of America and the Russian Federation: dis. …cand. legal Sci. – M., 2016. – 158 p.
9. Pastukhov P. S. Doctrinal model for improving criminal procedural evidence in the information society: monograph / ed. Zaitseva O. A. – M., 2015. – 352 p.
10. Politsan D. A. Digital and electronic evidence – pro et contra: problems of terminology // Russian Judge. – 2022. – No. 7. – P. 38-44.
11. Silnov M. A. Current problems of criminal procedural evidence in adversarial conditions: a manual / Academician. Gene. Prosecutor’s Office of Russia Federation. – M., 2011. – 92 pp.
12. Stolyarov Yu. N. Digital, analog, electronic, virtual: which is correct? // Scientific and technical libraries. – 2021. – No. 3. – P. 136.
13. Strogovich M. S. Course of Soviet criminal procedure: in 2 volumes – M.: Nauka, 1968. – T. 1. – 470 pp.
14. The theory of evidence in Soviet criminal proceedings / Ed. N.V. Zhogina. – 2nd ed., rev. and additional – M.: Legal. literature, 1973. – 736 pp.
CRIMINAL PROCEDURE
BIBIKOVA Olga Valentinovna
adjunct of Criminal process sub-faculty of the V. Ya. Kikot Moscow University of the MIA of Russia
THE CONCEPT AND MEANING OF ENFORCEMENT OF A SENTENCE IN TERMS OF CONFISCATION OF PROPERTY AT THE STAGE OF PRELIMINARY INVESTIGATION
In the modern criminal process, confiscation of property plays an important role as a means of suppressing and preventing crimes, and as a measure of influence on those who have committed an offense. This article will analyze the ratio of different types of confiscation, the mechanism of their application and interim measures related to the execution of confiscation of property. As a result of the analysis, the conclusion is made about the importance of ensuring the execution of the sentence in terms of confiscation of property at the stage of preliminary investigation.
Keywords: criminal procedure law; criminal proceedings; confiscation of property, enforcement of sentence.
Bibliographic list of articles
1. Martynenko E.V. Confiscation of property in current Russian criminal law. – M., 2011. – 152 pp.
2. Complete course of criminal law: Crime and punishment. In 5 volumes. T. 1 / Edited by: Korobeev A.I. – St. Petersburg: Legal. Center Press, 2008. – 1133 p.
3. Serdyuk L. Lopashenko N. A. Confiscation of property // Criminal law. – 2013. – No. 3. – P. 136-139.
4. Skoblikov P. Confiscation of property has been abolished. Forever? // EZh-Lawyer. – 2004. – No. 7.
5. Tutynin I. B. On the issue of the place of restoration of property rights and interests violated by crime in the criminal procedural activities of internal affairs bodies // Scientific notes of the Kazan Law Institute of the Ministry of Internal Affairs of Russia. – 2020. – T. 5. No. 2 (10). – pp. 236-239.
CRIMINAL PROCEDURE
MURTAZALIEV Murtazali Kurbanismailovich
magister student of the 2nd year of full-time study of the Institute of Law of the Dagestan State University, Makhachkala
DATSIEVA Khadizhat Hasanovna
Ph.D. in Law, associate professor of Criminal process and criminology sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
THE COURT AS A PARTICIPANT IN CRIMINAL PROCEEDINGS IN THE RUSSIAN FEDERATION
The scientific article on the topic “The procedural status of the court in criminal proceedings in the Russian Federation” is a study of the legal status of the court at various stages of the criminal process, taking into account the basic principles of justice and legality. The article analyzes the powers of the court, its independence and its role in ensuring the protection of the rights and interests of citizens in the context of criminal proceedings. Special attention is paid to the functions of the court, its competence, as well as issues of compliance with procedural norms and principles in the consideration of criminal cases. The study also examines the practical aspects of the application of legislation and the problems faced by courts in the exercise of their functions in criminal proceedings.
Keywords: procedural status of the court, criminal proceedings, the Russian Federation, legality, independence of the court, citizens’ rights, judicial functions.
Bibliographic list of articles
1. Bogdanova P.R. The court as a participant in criminal proceedings // Perm period: Collection of materials of the scientific and practical conference within the framework of the VII International Scientific and Sports Festival of Cadets and Students. In 2 volumes, Perm, May 22, 2020 / Compiled by V. A. Ovchenkov. Volume I. – Perm: Perm Institute of the Federal Penitentiary Service, 2020. – pp. 77-80.
2. Zhilina N. Yu. General concept of participants in criminal proceedings // Development of personality and society: economic, political, legal and cultural aspects: collection of scientific papers based on the materials of the International Scientific and Practical Conference, Belgorod, December 28, 2021 / LLC Agency for Perspective Scientific Research research (APNI). – Belgorod: Limited Liability Company “Agency for Advanced Scientific Research”, 2021. – P. 48-50.
3. Rogava I. G., Arevyan A. O. Procedural status of the court in criminal proceedings // Science and education: economy and economics; entrepreneurship; law and management. – 2021. – No. 7 (134). – pp. 124-128.
4. Serkov K. E. The role and powers of the court in criminal proceedings // Universum: economics and jurisprudence. – 2022. – No. 9 (96). – pp. 31-35.
5. Sidorov E. S., Poltoratsky N. A. The court as a participant in criminal proceedings // Forum of young scientists. – 2018. – No. 5-3 (21). – pp. 248-251.
CRIMINAL PROCEDURE
MURTAZOVA Khava Magomedbegovna
magister student of the 2nd year of correspondence courses 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 criminology sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
FEATURES OF PRE-TRIAL PROCEEDINGS IN CRIMINAL CASES AGAINST MINORS
The scientific article considers a comprehensive analysis of the specifics of criminal proceedings on the acts of insane persons in the Russian Federation. The article highlights the legal, medical and social aspects of this problem, including the procedures for recognizing insanity, the role of psychiatric examination, the specifics of judicial review, the protection of the rights of the accused, the application of security measures and the organization of social rehabilitation. The authors offer an analysis of existing practice and recommendations for improving legislation and practice in this area. The article also discusses the importance of observing the principles of humanism and human rights when considering cases of insanity, as well as the need to create specialized institutions to provide adequate medical and social assistance to insane persons.
Keywords: insanity, criminal proceedings, psychiatric examination, judicial review, security measures, social rehabilitation, protection of the rights of the accused.
Bibliographic list of articles
1. Dovgun S.I. Peculiarities of the subject of proof in relation to persons who committed a socially dangerous act in a state of insanity, and persons who fell ill after committing a crime with a mental disorder (disease) // Bulletin of the Magilevskaga dzyarzhaўnaga university named after A. A. Kulyashov. Gray D. Economics, social science, rights. – 2021. – No. 2 (58). – P. 92-99.
2. Zakharova S.S. Features and grounds for the use of compulsory measures of a medical nature // Epomen. – 2021. – No. 58. – P. 202-217.
3. Smolkova I. V. Legal status of the person against whom proceedings are being conducted to apply a compulsory measure of a medical nature // Academic Legal Journal. – 2021. –No. 4 (86). – pp. 361-368.
4. Tokareva E. V. Peculiarities of investigative actions in criminal cases on the use of compulsory measures of a medical nature // Criminal proceedings in Russia: problems and development prospects: Materials of the All-Russian scientific and practical conference, St. Petersburg, November 27, 2020. – St. Petersburg: St. Petersburg University of the Ministry of Internal Affairs of the Russian Federation, 2020. – P. 320-326.
CRIMINALISTICS
DOLGUSHINA Lyubov Viktorovna
Ph.D. in chemical sciences, associate professor, Head of Forensic science sub-faculty of the Siberian Fire and Rescue Academy of the EMERCOM of Russia, Zheleznogorsk
EXPLOSIVES: CLASSIFICATION APPROACHES
The article analyzes issues related to classifications of explosives. There is no clear description of explosives in forensic science. Technical works for classification of explosive substances use such parameters as method of chemical transformation, physical state in which substance is located, peculiarities of its chemical nature, composition, presence of sensitivity to certain influence of external category. While in forensic science, parameters such as power, form of transformation of an explosive type, sensitivity, purpose, method of manufacture, composition are used to classify explosives. In the framework of this article, special attention is paid to the consideration of various approaches to the classification of explosives. Since classification is an important aspect of safety and regulation, since it allows you to determine the degree of danger of each substance and take appropriate precautions.
Keywords: explosion, explosive, explosive device, detection of explosion traces, accident site, classification, explosive examination.
Bibliographic list of articles
1. Dildin Yu. M. Explosive devices of industrial production and their forensic research: textbook. allowance. All-Russian Scientific Center of the Ministry of Internal Affairs of the USSR, 1991. – P. 5.
2. Yablokov N.P. Forensics: textbook. – 2nd ed., revised. and additional – Moscow: Yurayt Publishing House, 2016. – 303 p. [Electronic resource] – Access mode: https://urait.ru/bcode/392032 (access date: 04/30/2021).
3. Belozerov Yu. N., Nagaev E. A. Illegal trafficking of firearms, ammunition, explosives and explosive devices. – Moscow: Publishing House “Legal Literature” of the Administration of the President of the Russian Federation, 2000. – 208 p.
4. Motorny I. D. Forensic explosives: a new teaching in forensic science: Textbook. -method, and reference. Benefit. – M.: Shumilova, 2000. – 176, [1] p.: ill.; 20 cm. – (Operative Library: (Open Fund)).; ISBN 5-89784-031-8.
5. Dvorkin A.I., Bertovsky L.V. Methodology for investigating murders committed with the use of explosive devices: A manual. – Moscow: Publishing House “Infra-M”, 2001. – 96 p. – ISBN 5160005404.
6. Motorny I. D. Theoretical and applied principles of using means and methods of forensic explosives in the fight against terrorism: Monograph. – M.: Shumilova I.I., 1999. – 198 p.: ill.
7. Bagal L. I. Chemistry and technology of initiating explosives [Text]. – Moscow: Mechanical Engineering, 1975. – 456 p.
8. Kabakova E. S., Dolgushina L. V. Detection of traces of an explosion at the scene of an incident // Eurasian Legal Journal. – 2024. – No. 1 (188). – pp. 383-385.
9. Dolgushina L.V., Forensic features of the initial investigative actions associated with the inspection of the explosion site // Eurasian Legal Journal. – 2024. – No. 1 (188). – pp. 398-399.
CRIMINALISTICS
KORNAKOVA Svetlana Viktorovna
Ph.D. in Law, associate professor, associate professor of Theory and history of state and law sub-faculty of the Baikal State University, Irkutsk
KOCHETKOVA Irena Vitaljevna
senior lecturer of Theory and history of state and law sub-faculty of the Baikal State University, Irkutsk
OSIPOVA Marina Anatoljevna
senior lecturer of Theory and history of state and law sub-faculty of the Baikal State University, Irkutsk
ON THE ISSUE OF THE CONTENT OF THE REQUIREMENT FOR THE INDEPENDENCE OF JUDGES
The article examines the content of such a legislative requirement for the administration of justice as independence. Two sides of the independence of judges are distinguished: objective (external) and subjective (internal), their essential features are considered. It is emphasized that refers to independence to the key qualities of the personality of the bearers of judicial power, attention is paid to the differentiation of the concepts of independence of judicial authorities and independence of judges. It is concluded that in order to realize the independence of judges, it is necessary to create such conditions in which the court, represented by judges, would have a real opportunity to make responsible decisions on a solid basis solely on the prescriptions of the law.
Keywords: human rights; independence of judges; fair justice subordination to the law; personal qualities of judges.
Bibliographic list of articles
1. Litvintseva N. Yu. Constitutional mechanism for the implementation of individual rights in criminal proceedings // Siberian criminal procedural and forensic readings. – 2019. – No. 2 (24). – pp. 28-36.
2. Mamina O. I. Justice in the mechanism of the rule of law: concepts and reality: dis. …cand. legal Sci. – Tambov, 2007. – 208 p.
3. Federal constitutional law “On the Constitutional Court of the Russian Federation”. Comment / Reply ed. N. V. Vitruk, L. V. Lazarev, B. S. Ebzeev. – M.: Legal. lit., 1996. – 352 pp.
4. Bondar N. S., Dzhagaryan A. A. Justice: orientation to the Constitution. –M.: NORMA, INFRA-M, 2018 // SPS ConsultantPlus.
5. Kazarina M.I. On the issue of the system of criminal procedural guarantees for the implementation of the principle of independence of judges // Siberian criminal procedural and forensic readings. – 2018. – No. 4 (22). – pp. 72-82.
6. Garmoza P.V. Legal status of judges in Russia: Formation and development: abstract. dis. …cand. legal Sci. – Rostov-on-Don, 2000. – 27 p.
7. Mironova E. Yu. Ethical principles of the activities of judges: comparative legal analysis of codes of judicial ethics in Russia and Kazakhstan // Siberian criminal procedural and forensic readings. – 2021. – No. 2 (32). – pp. 119-130.
CRIMINALISTICS
NAZARKIN Evgeniy Valerjevich
Ph.D. in Law, associate professor, associate professor of Criminal process and criminalistics sub-faculty of the Institute оf the Academy of the FPS of Russia
NOVIKOVA Lyudmila Vladislavovna
Ph.D. in Law, associate professor, associate professor of Criminology sub-faculty of the Ryazan branch of the V. Ya. Kikot Moscow University of the MIA of Russia
FEATURES OF THE TACTICS OF CONDUCTING AN INSPECTION OF THE SCENE DURING THE INVESTIGATION OF ILLICIT TRAFFICKING IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES IN INSTITUTIONS PROVIDING ISOLATION FROM SOCIETY
This article examines the specifics of the tactics of preparing and conducting on-site verification of testimony during the investigation of a crime related to illicit trafficking in narcotic drugs and psychotropic substances committed in a correctional institution of the Russian penal system. The specific tactical techniques in the preparation, conduct and consolidation of an investigative action, the specifics of the organization and conduct of an inspection in relation to the conditions of a penitentiary institution are considered.
Keywords: narcotic drug, feature, tactical technique, on-site verification of testimony, protocol, correctional institution.
Bibliographic list of articles
1. Zinin A. M. Criminalist in investigative actions: educational and practical work. allowance. – M.: Exam: Law and Law, 2004. – 141 p.
CRIMINALISTICS
PROURZINA Olga Yurjevna
lecturer-methodpsychologist of the Information center of the St. Petersburg University of the MIA of Russia
THE POSSIBILITIES OF USING DIGITAL SURVEILLANCE AND CONTROL SYSTEMS IN THE DETECTION AND INVESTIGATION OF CRIMES IN RAILWAY TRANSPORT
The article discusses the trends in the development of digital systems that provide video surveillance, recording and control of the movement of objects in railway transport. The transport infrastructure of railway transport facilities is equipped with modern high-tech digital systems that ensure uninterrupted operation of cargo and passenger transportation. The use of general scientific knowledge about the operation of railway rolling stock, an idea of the functional features of terminal devices and information systems that ensure the operation of railway transport, provides law enforcement officers with the opportunity to obtain reliable information about offenses, extract criminally significant information in order to obtain evidence.
Keywords: crime, detection and investigation, evidence, digital systems, rail transport, forensic characteristics and tactics.
Bibliographic list of articles
1. Golovin A. Yu. Forensic systematics: [Monograph]. – Moscow: LexEst, 2002.
2. Forensics: textbook. A team of authors at hand. Belkina R.S. – M.: Legal literature, 1966.
3. Ovchinsky V. S. Technologies of the future against crime. (“Collection of the Izborsk Club”) – M.: Knizhny Mir, 2017. – 288 pp.
4. Rossinskaya E. R. Forensics: textbook. – Moscow: Norma: INFRA-M, 2024. – 464 p.
5. Smushkin A. B. The concept of remote forensics: monograph / Ed. doc. legal sciences, prof. V. B. Vekhova. – M.: Yurlitinform, 2024. – 256 p.
6. Tsukanova O. V. Features of the interaction of the investigator with the bodies of inquiry during the investigation of crimes committed at railway transport facilities // Russian investigator. – 2015. – No. 19. – P. 8-11.
CRIMINALISTICS
STANOVAYA Olga Vladimirovna
lecturer of Criminalistics sub-faculty of the Training and Scientific Complex of Preliminary Inquiry in Law Enforcement Agencies of the Volgograd Academy of the MIA of Russia
CHETVEROUS Alexey Nikolaevich
senior lecturer of Fire and physical training sub-faculty of the Volgodonsk branch of the Rostov Law Institute of the MIA of Russia
FORENSIC EXAMINATION OF LICENSE PLATES ON THE BODY AND ENGINES OF CARS
One of the types of concealment of car thefts is the destruction of primary factory markings on engines, bodies, followed by the application of new license plates.
To establish the fact of changing the number, the expert needs to know the main ways of applying identification numbers to the car units, as well as the signs formed when they are removed.
The article discusses various ways of factory marking on engines and car bodies, including new ones that were not previously used on older models. There is not enough information about new ways of applying markings.
The article also highlights some of the features of conducting tracological studies of license plates on car bodies and engines, describes the main methods of their application, and lists the signs characteristic of removing or changing license plates.
Keywords: markings on the engine and car body, impact-point marker, stamping, impact stamps, punch, signs of number change.
Bibliographic list of articles
1. Chesnokova E. V. Expert study of markings on vehicles in cases related to their illegal possession: Abstract of a dissertation for the degree of candidate of legal sciences. – Moscow, 2007.
2. Raigorodsky V.M., Khrustalev V.N., Ermolaev S.A., R18 Examination of the restoration of changed and destroyed markings: Textbook / Edited by Khrustalev V.N. – Saratov: SuiUI Ministry of Internal Affairs of Russia, 1999. – 72 s.
CRIMINALISTICS
TYKHEEV Mikhail Sergeevich
postgraduate student of Criminalistics, forensic expertise and legal psychology sub-faculty of the Baikal State University, Irkutsk
FEATURES OF INITIATING CRIMINAL CASES OF FRAUD COMMITTED USING CELLULAR (MOBILE) COMMUNICATIONS (TELEPHONE FRAUD)
This article discusses the features of initiating criminal cases of fraud committed using cellular (mobile) communications, as well as the features of actions during pre-investigation checks, which can lead the inquiry or investigation authorities to make the correct and prompt decision to initiate or refuse to initiate criminal proceedings. Problematic issues that arise when initiating a criminal case inthe category of cases under study are identified. The article notes that such crimes have a number of features that make their investigation difficult. These include: the anonymity of the criminals, the difficulty of collecting evidence, and the victims’ lack of reliable information about the fact of the crime.
Keywords: crime, theft, telephone fraud, cellular communications, preinvestigation check.
Bibliographic list of articles
1. Criminal Code of the Russian Federation: Federal Law No. 63-FZ of June 13, 1996 (as amended on December 25, 2023) // SPS “ConsultantPlus”.
2. Criminal Procedure Code of the Russian Federation: Federal Law No. 174-FZ of December 18, 2001 (as amended on December 25, 2023) // SPS “ConsultantPlus”.
3. Code of the Russian Federation on Administrative Offenses No. 195-FZ dated December 30, 2001 (as amended on March 11, 2024) // SPS “ConsultantPlus”.
4. Baranov A. M. Initiation of a criminal case: tradition and modernity // Scientific Bulletin of the Omsk Academy of the Ministry of Internal Affairs of Russia, 2022. – P. 86.
5. Bednyakov I. L. Organization of interaction between departments of internal affairs bodies when considering reports of fraud committed using cellular communications by convicts serving a sentence of imprisonment // Vestnik SUI. – 2019. – P. 15.
6. Ivanova O. M., Ivanov M. G. The problem of qualifying “non-contact” thefts at the stage of initiating criminal cases // Vestnik RUK. – 2021. – P. 121.
7. Sorokotyagina D. A. Victimological analysis in the investigation of crimes: a textbook. – Moscow, 2018. – P. 71.
8. Stepanenko D. A. Criminological aspects of identifying and preventing cyber attacks in the banking sector // Humanitarian, socio-economic and social sciences. – 2022. – P. 241.
9. Khasnutdinov R. R., Bikineeva L. N. Peculiarities of preliminary verification and initiation of criminal cases of fraud associated with the use of mobile communications // International Journal of Humanities and Natural Sciences. – 2021. – P. 131.
10. Criminal case No. 1180125003600282/2019 // Archive of OP No. 8 of the MU Ministry of Internal Affairs.
11. Criminal case No. 11901250036001255/2019 // Archive of OP No. 8 of the MU Ministry of Internal Affairs.
CRIMINOLOGY
BABANINA Darya Vasiljevna
lecturer of Criminal law and criminology sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia
PROBLEMS OF THE DEVELOPMENT OF THE CRIMINOLOGICAL THEORY OF THE CAUSES AND CONDITIONS OF CRIME
The article discusses the current problems of the development of the criminological theory of the causes and conditions of crime in the context of ensuring national security of the state. The importance of the theory as a universal interrelation and interdependence of the phenomena of objective reality acting as intensifiers of socio-psychological factors of crime is determined. Through the use of various methods of scientific research, certain provisions of the issue under consideration that have developed in the theory of science are analyzed in order to concretize their essential content. A meaningful review of various areas of understanding of the criminological theory of the causes and conditions of crime and their consideration in the practical and regulatory aspects of crime prevention is carried out.
Keywords: criminology, crime, crime prevention, development problems, national security.
Bibliographic list of articles
1. Gilinsky Ya. I., Morozova Yu. V., Fedyshina P. V. Current problems of criminology: a textbook for master’s degrees. — St. Petersburg: St. Petersburg Law Institute (branch) of the Academy of the Prosecutor General’s Office of the Russian Federation, 2016. – P. 188.
2. Krupina M. A. Historical aspects of the formation of the concept of latent crime // Criminology: yesterday, today, tomorrow. – 2011. – No. 1 (20). – P. 40.
3. Kuryavyi A. A., Kravtsov D. A. On the issue of the relationship between the causes and conditions of crime and the causes and conditions of individual criminal behavior. – Text: immediate // Young scientist. – 2022. – No. 22 (417). – P. 336.
4. Gilinsky Ya. I. Decree op. – P. 188.
CRIMINOLOGY
KABAKOVA Ekaterina Sergeevna
lecturer of Forensic examination sub-faculty of the Siberian Fire and Rescue Academy of the EMERCOM of Russia, Zheleznogorsk
PROBLEMS OF CYBERCRIME INVESTIGATION ON THE EXAMPLE OF KRASNOYARSK KRAI
Criminals are increasingly using the Internet to commit malicious acts. With the development of digital technologies, new forms of crime have emerged, and cybercrime occupies a special place among them. It includes hacker attacks, identity theft, financial fraud and much more. Specialists of the Federal Prosecutor’s Office of the Russian Federation note that cybercrime in Russia has grown by more than 75%. In this article we will consider the main problems in the investigation of crimes committed via the Internet and ways to solve them.
Keywords: crime investigation, cybercrime, cyber criminals, internet criminals, fraud.
Bibliographic list of articles
1. Grachev A.V. In the collection “Information security and issues of preventing cyber extremism among youth” // Materials of the intra-university conference. – 2015. – pp. 162-175.
2. Prosecutor’s Office of the Krasnoyarsk Territory. [Electronic resource]. – Access mode: https://epp.genproc.gov.ru/web/proc_24/mass-media/news?item=90147444 (date of access: 04/22/2024).
3. Koliev V.V. Tactics and methods of investigating crimes committed via the Internet // Law and State: Theory and Practice. – 2021. – No. 4 (196). – pp. 280-282.
4. Garanina A. A. Practical problems in the investigation of crimes committed through the Internet and mobile communications // Criminal procedural problems in the investigation of criminal cases. – Irkutsk: East Siberian Institute of the Ministry of Internal Affairs of the Russian Federation, 2017. – P. 23-25.
5. Kuznetsov P. S. Problems of investigating crimes in the field of computer information // Young scientist. – 2020. – No. 15 (305). – pp. 210-212.
CRIMINOLOGY
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
MIKHAYLIN Daniil Alexandrovich
postgraduate student of Combating economic crimes sub-faculty of the Samara State University of Economics
ON THE ISSUE OF CRIMINOLOGICAL CHARACTERISTICS OF MEDIATION IN BRIBERY
The article is devoted to the analysis of the criminological characteristics of mediation in bribery. The authors identify typical features of a subject prone to such corrupt manifestations. They show in detail the significance of generally recognized signs, focusing especially on those that are of a debatable nature. They offer their own vision of such aspects as gender, education, marital status. Disagreeing with the position of a number of researchers, they substantiate the thesis about the importance of these points for understanding the identity of the mediator, with the prospect of developing preventive measures to counteract the illegal acts in question. The authors reasonably note an increase in recidivism in this segment, which is an alarming factor, since it indicates an insufficiently effective application of Article 291.1 of the Criminal Code of the Russian Federation by investigative and judicial practice.
Keywords: the identity of the intermediary, bribery, unstable persons, corruption factors, socio-demographic characteristics, psychological traits, official dependence, criminal activity, illegal remuneration, causes of crime, motives for committing a crime.
Bibliographic list of articles
1. Baikalov M. M., Chirkov D. V. Personality of the intermediary in bribery // Power and society: history, current state and development trends. Collection of materials from the All-Russian Scientific and Practical Conference. – Abakan: Federal State Budgetary Educational Institution of Higher Education “Khakass State University named after. N. F. Katanova”, 2023. – P. 82-84.
2. Bondar A. Ya., Zamaraev A. Ya., Revyagin A. V. Mediation in bribery: concept, problems and prevention // Psychopedagogy in law enforcement agencies. – 2021. – Volume 26. No. 4 (87). – pp. 472-479.
3. Vyalshin K. N., Churakov A. N. Criminological characteristics of the personality of an intermediary in bribery // Science of the XXI century: Current directions of development. – Samara, 2021. – No. 1-2. – pp. 251-256.
4. Grinko S. D. Criminological characteristics of youth organized crime // Law and State: Theory and Practice. – 2020. – No. 2 (182). – pp. 230-232.
5. Dashkova L. G. Bribery: problems of qualification and sentencing. Author’s abstract. …dis. Ph.D. legal Sci. – Chelyabinsk, 2007. – 26 p.
6. Egiyan A. M., Korobeev A. I. Criminological characteristics of the personality of the subject who mediates in bribery // UNIVERSUM: Economics and jurisprudence. – 2023. – No. 2 (101). – pp. 32-36.
7. Kurdyumov R.V. Problematic issues of qualification of mediation in bribery // Young scientist. – 2023. – No. 40 (487). – pp. 221-224.
8. Maistrenko G. A. Concept, social and legal essence and causes of corruption in the Russian state // Questions of Russian and international law. – 2023. – Volume 13. No. 6-1. – pp. 392-399.
9. Lobanova L. A. Some issues of criminal law qualification of mediation in bribery // Young scientist. – 2020. – No. 49 (339). – pp. 267-270.
10. Farakhiev D. M. Criminologicallyth portrait of the personality of a modern criminal-corruption // Bulletin of the Siberian Legal Institute of the Ministry of Internal Affairs of Russia. – 2022. – No. 4 (49). – pp. 220-225.
CRIMINOLOGY
MUKSINOVA Adelya Faridovna
lecturer of Criminal law sub-faculty of the Kazan Law Institute of the MIA of Russia
DRUG CRIME IN RUSSIA: STATUS AND TRENDS
Based on the study and generalization of statistical data for 2014-2023, the article presents an analysis of the state of crime in the field of illicit trafficking in narcotic drugs, psychotropic substances or their analogues. In addition, the dynamics of drug crime over the past decade is analyzed, data on the number of persons prosecuted for these crimes are being considered, the structure of drug crime as of 2023 is being studied. The characteristics of the public danger of the drug situation and its determinants are also determined. As a result of the analysis, the trends of modern crime in the field of drug trafficking are revealed.
Keywords: crimes in the field of drug trafficking, drug crime, drug situation, drug trafficking, narcotic drugs, psychotropic substances, criminal liability.
Bibliographic list of articles
1. Zinoviev V.V. Anti-drug policy of Russia: criminal law and criminological aspects of implementation: dis. …cand. legal Sci. – Saratov, 2016. – 272 p.
2. Fedorov A.V. Narcocriminology as one of the areas of criminology // Narcocontrol. – 2013. – No. 1. – P. 4-27.
CRIMINOLOGY
SAGAYDAK Albina Yurjevna
Ph.D. in pedagogical sciences, Deputy Head of Criminology sub-faculty of the St. Petersburg University of the MIA of Russia
TURUNOVA Meruert Nurlanovna
Ph.D. in Law, lecturer of Criminology sub-faculty of the St. Petersburg University of the MIA of Russia
UZIKHANOVA Elvira Gumerovna
Ph.D. in Law, Head of Criminology sub-faculty of the St. Petersburg University of the MIA of Russia
THE SYSTEM OF COMBATING JUVENILE DELINQUENCY CAUSED BY THE INFLUENCE OF THE INTERNET
The article examines the system of countering juvenile delinquency caused by the influence of the Internet: the object, subject and subjects of countering the crime in question are determined. Measures to counter juvenile delinquency on the Internet are disclosed and classified at the general social and special criminological levels. The author identifies specialized subjects of crime prevention and specifies their powers.
Keywords: Internet, minor, crime, criminogenic, destructive influence on a person, inclination, involvement, information and telecommunication technologies.
Bibliographic list of articles
1. Avanesov G. A. Criminology. M.: Publishing house Acad. Ministry of Internal Affairs of the USSR, 1984. P. 228.
2. Baturin Yu. M., Polubinskaya S. V. What makes virtual crimes real // Proceedings of the Institute of State and Law of the Russian Academy of Sciences. 2018. No. 2. P. 10-35.
3. Kleimenov M.P. Criminology. M.: Norma: INFRA-M, 2013. P. 223.
4. Savelyeva O. Yu. Criminology. Tolyatti: Tolyatti State University. 2019. pp. 57-59. (236 pp.).
5. Turunova M. N. Countering the influence of the Internet on the criminal behavior of minors: dis. …cand. legal Sciences: 5.1.4. St. Petersburg, 2022. 241 p.
6. Yakovleva, M. A. The author’s view on the system of subjects of crime prevention in modern Russia // Legal science. 2019. No. 8. pp. 81-87. – EDN QZFRLO.
CRIMINOLOGY
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 Institute of Law of the Volgograd State University
TRENDS IN THE MODERNIZATION OF LEGISLATION IN THE CONTEXT OF THE PREVENTION OF VIOLENT CRIMES COMMITTED IN THE DOMESTIC SPHERE
The article assesses promising directions for improving legislation on the prevention of violent offenses in the family and domestic sphere. The authors of the manuscript propose a number of changes in this area: to supplement Federal Law No. 182-FZ of June 23, 2016 “On the Fundamentals of the System of Prevention of Delinquency in the Russian Federation” with families and minors prone to provisions on protective orders and judicial protective orders; to develop a unified database on “socially unstable vagrancy”; to create specialized courts with jurisdiction to hear criminal cases involving minors by amending the Federal Constitutional Law on the Prevention of Delinquency in the Russian Federation.
Keywords: domestic violence, prevention, juvenile justice, legislation, family, minors, protective order.
Bibliographic list of articles
1. Denisova N. S., Fantrov P. P., Solovyova N. A., Solovyova P. V. Protection of the rights and freedoms of minors in criminal proceedings // Eurasian Legal Journal. – 2019. – No. 9 (136). – pp. 305-310.
2. Dikaev S.U., Dikaeva M.S. On the criminal policy of responding to juvenile delinquency in modern Russia // All-Russian Journal of Criminology. – 2020. – No. 5. – P. 687-698.
3. Ivanova A. A. Criminological prevention as a priority task of juvenile justice // All-Russian Criminological Journal. – 2018. – No. 4. – P. 505-514.
4. Ivasyuk O. N. Modern problems of prevention and crimes in the sphere of family and household relations // Scientific notes of the Crimean Federal University named after V. I. Vernadsky. Legal sciences. – 2020. – No. 2. – P. 230-235.
5. Fantrov P. P. Social policy of the Russian Federation: prevention of juvenile delinquency as a direction for ensuring national security // Materials of the Scientific Session of Volgograd State University, Volgograd, April 20-24. 2015
CRIMINOLOGY
ABAZEKHOVA Zarema Izmailovna
postgraduate student of Economic and financial investigations sub-faculty of the Higher School of Public Audit of the M. V. Lomonosov Moscow State University
CRIMINOLOGICAL CHARACTERISTICS OF THE ILLEGAL ORGANIZATION AND CONDUCT OF GAMBLING
The scientific article presents criminological characteristics of the illegal organization and conduct of gambling. Crime in general, as well as its individual types, has its quantitative and qualitative characteristics. The aggregate of these indicators represents the criminological characteristics of crime, the significance of which, in our opinion, is that it allows us to assess its dynamics, the effectiveness of measures to prevent it, the need to develop additional prevention measures, as well as the work of law enforcement agencies to prevent and suppress certain types of crimes. The paper considers both the criminal-legal characteristic of the crime and the socio-demographic characteristic of the personality of the subject and the characteristic of the players. The article is of particular interest to criminologists, law enforcement officials, as well as politicians who are interested in combating illegal gambling.
Keywords: criminological characterization, gambling, effective measures, criminology, crime, gambling business, Art. 171. of the Criminal Code of the Russian Federation.
Bibliographic list of articles
1. Borzenkov G. N. Subject of the crime // Criminal law of the Russian Federation. General part: Textbook for universities / Ed. V. S. Komissarova, N. E. Krylova, I. M. Tyazhkova. M., 2012. P. 273.
2. Ivanishcheva D. A., Pestereva Yu. S. Criminological characteristics of illegal organization and conduct of gambling // Current problems of jurisprudence: unity of theory and practice: collection. tr. conf. M., 2019. pp. 406-413.
3. Ivanova O. A. Criminal liability for illegal organization and conduct of gambling. Author’s abstract. dis. …for a job application. scientist step. Ph.D. legal Sci. Saratov. 2016. P. 25.
4. Karabanova E. N. The concept of the object of a crime in modern criminal law // Journal of Russian Law. 2018. No. 6. P. 70.
5. Kobets P. N. General characteristics of the objective side of the crime according to the current main legislation of the Russian Federation // international scientific journal “Symbol of Science”. 2017. No. 2. P. 188.
6. Mosechkin I. N. Criminal legal measures to counteract illegal gambling activities. Author’s abstract. dis. …for a job application. scientist step. Ph.D. legal Sci. M.,. 2016. P. 10.
7. Revyagin A.V., Panov S.L. Gambling business in Russia: current state // Legislation and practice. 2018. No. 2 (41). P. 39.
8. Sevostyanov R. A., Prosvirin E. V. Problems of criminal legal regulation of the organization and conduct of illegal gambling business. M., 2013. P. 147.
9. Chebotareva G.V., Podkorytova L.N. Object of the crime: a general overview of the problem // Scientific notes of the Crimean Federal University named after V.I. Vernadsky. Legal sciences. 2015. No. 1. P. 185.
LAW ENFORCEMENT AUTHORITIES
JAMBOROV Anzor Anatoljevich
Ph.D. in Law, associate professor of Fire training sub-faculty of the North Caucasian Institute for Advanced Studies (branch) of the Krasnodar University of the MIA of Russia
SOME FEATURES OF THE USE OF TRAINING EXERCISES WHEN CONDUCTING FIRE TRAINING CLASSES WITH EMPLOYEES OF THE INTERNAL AFFAIRS BODIES OF THE RUSSIAN FEDERATION
This article focuses on the significance and need for the use and greater use in fire training of internal affairs officers of a set of training (introductory) exercises (“idle” or using training weapons) both in practical exercises before firing practice and during individual training sessions.
In addition, in the work the author has prepared and offers a combination (“bundle”) of some training exercises to improve the skills of high-speed pistol shooting, together forming one of the preparatory sets of exercises that can improve the quality of the training process and the level of the shooter as a whole.
Keywords: fire training, basic training, initial stage, correction stage, training weapons, special exercises, shooting technique.
Bibliographic list of articles
1. Gusev S. N., Chaichen D. V. Application of sports techniques in teaching fire training to police officers // Scientific Notes of the University. P. F. Lesgaft. – 2020. – No. 12 (190). – pp. 57-60.
2. Kryzhanovsky Yu. S. Features of the use of special training exercises using training weapons in the process of training employees of internal affairs bodies to shoot a pistol [Text]: educational and methodological manual. – Domodedovo: VIPK of the Ministry of Internal Affairs of Russia, 2013. – 48 p.
3. Korsakov Yu. V. The role of special exercises during shooting training sessions // World of Science. – 2018. – T. 6. No. 5. – P. 25
4. Zhamborov A. A. Some aspects of improving fire training of police officers // Eurasian Legal Journal. – 2018. – No. 8 (123). – pp. 348-350.
LAW ENFORCEMENT AUTHORITIES
LEGOSTAEV Sergey Valentinovich
Ph. D. in Law, associate professor of Criminal process and criminalistics sub-faculty of the Academy of Law and Management of the FPS of Russia
ON EXPANDING THE COORDINATION FUNCTION OF THE PROSECUTOR’S OFFICE
The article reveals the essential elements of coordination activities and its importance for improving the effectiveness of crime prevention. On the basis of the fundamentals and principles of coordination enshrined in legislation, the key aspects of this type of joint law enforcement activity are outlined. Some scientific points of view on the need to expand the coordination function of the prosecutor’s office are reflected and analyzed. The author’s approach to the possibility of granting prosecutors additional powers in the field under consideration is outlined. It is pointed out that it is inappropriate to assign additional powers to prosecutors to coordinate the fight against administrative offenses. The main directions of improving the coordination function of the prosecutor’s office are highlighted.
Keywords: fighting crime, administrative offenses, functions of the prosecutor’s office, coordination activities, powers of the prosecutor, control and supervisory authorities.
Bibliographic list of articles
1. Azarova E. S., Vnukov V. I. Coordination of the activities of law enforcement agencies to combat crime // Legal Concept = Legal paradigm. – 2021. – T. 20. No. 2. – P. 30. – DOI: https://doi.org/10.15688/lc.jvolsu.2021.2.4.
2. Alkhutova E. Yu. — Features of the coordination activities of the modern prosecutor’s office // Administrative and municipal law. – 2017. – No. 4. – P. 76.
3. Gulyagin A. Yu. Features of law enforcement activities in the field of administrative jurisdiction: abstract. dis. … doc. legal Sci. – M., 2016. – P. 12.
4. Isaeva A. M. Coordination of the activities of law enforcement agencies to combat crime. Problems and ways to improve the status of the Prosecutor’s Office of the Russian Federation in this activity. // Law and law. – 2020. – No. 8. – P. 35.
5. Yakubov S.V. Administrative and legal sphere of activity of the prosecutor’s office: coordination of combating offenses: abstract. dis. …cand. legal Sci. – Moscow, 2008. – P. 9.
LAW ENFORCEMENT AUTHORITIES
MAGARRAMOV Magarram Dzhabrailovich
Ph.D. in philosophical sciences, professor, leading researcher of the Regional Center for Ethnopolitical Studies (RCEI) of the Dagestan Federal Research Center (DFIC) of the Russian Academy of Sciences (RAS), Makhachkala
MAGOMEDOV Magomed Abdulkadirovich
Ph.D. in Law, Head of the Department for Compliance with Federal Legislation of the Prosecutor’s Office of the Republic of Dagestan, Senior Adviser to Justice, Honored Lawyer of the Russian Federation
THE ROLE OF THE PROSECUTOR’S OFFICE OF THE RUSSIAN FEDERATION IN ENSURING THE SECURITY OF THE STATE AND SOCIETY: LEGAL ANALYSIS OF SOURCES
Using the method of historicism, dialectical principles and approaches, the basic forms of correct thinking, dialectical and formal logical laws, the authors analyzed historical sources devoted to identifying the role of the Russian prosecutor’s office in the process of ensuring the security of the Russian state, society and individual individuals.
In the context of the considered sources, the main types of security are defined, mechanisms for optimizing the work of government bodies, local governments, and educational institutions in this direction are proposed.
The material has heuristic value and cognitive significance for students of law universities, law enforcement and law enforcement officials, and research scientists working on this problem.
Keywords: prosecutor’s office, the role of the prosecutor’s office, security of the state, society and the individual, types of security, mechanisms for ensuring it, etc.
Bibliographic list of articles
1. Agutin A.V. Ensuring national security as an integral part of the activities of the Russian prosecutor’s office // In the collection: Criminal proceedings: current state and main directions for improvement // Collection of materials of the International scientific and practical conference dedicated to the 50th anniversary of the Doctor of Law, Professor A.V. Grinenko. – 2016.
2. Alexandrova L. I., Borisov S. V., Velikaya E. V., Dikanova T. A., Zyablina M. V., Kamchatov K. V., Kremneva E. V., Rubtsova M. V., Sidorenko T. A., Yastrebov V. V. Prosecutor’s supervision over the implementation of laws on transport safety. Collective monograph. Chapter 1 Problems of ensuring transport safety and the work of the prosecutor’s office. – Moscow, 2019.
3. Ashitkova T.V. Ensuring safety in the electric power industry by means of prosecutorial supervision // Energy and law. – 2017. – No. 4.
4. Ashurbekov T. Organizational and structural structure of the prosecutor’s office to ensure the national security of the Russian Federation // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2008. – No. 10.
5. Baltaeva S.V. Peculiarities of assessing the effectiveness of the activities of prosecutorial authorities in supervising the implementation of laws in the field of ensuring national security, interethnic relations, countering extremism and terrorism // In the collection: Problems of the formation of civil society. Collection of articles of the VI International Scientific Student Conference. Irkutsk Law Institute (branch) of the Academy of the Prosecutor General’s Office of the Russian Federation. – 2018.
6. Valiev G. Kh., Khairullina R. G. Features of the activities of the prosecutor’s office to ensure the economic security of the Russian Federation // Science of Krasnoyarsk. – 2021. – T. 10. No. 2-3.
7. Vasilyev F. P. Prosecutor’s office as the main subjects of ensuring the economic security of Russia, issues of improving their control and supervisory activities // Issues of Russian and international law. – 2020. – T. 10. No. 2-1.
8. Vasyagina M. M. Current directions for the development of organizational forms of activity of the prosecutor’s office of the Russian Federation in the interests of constitutional security. In the collection: XI Derzhavin readings in the Republic of Mordovia // Materials of the All-Russian Scientific and Practical Conference. Middle Volga Institute (branch) of VSUYU (RPA of the Ministry of Justice of the Russian Federation). – Podolny, 2015.
9. Vlasenko Ya. A. Legal principles of the activities of the prosecutor’s office to supervise the implementation of legislation on ensuring the safety of minors in children’s recreation organizations and their health // Symbol of science: international scientific journal. – 2021. – No. 6.
10. Vlasenko Ya. A. Characteristics of the main goals and objectives of prosecutorial supervision over the implementation of legislation on ensuring the safety of minors in organizations for children’s recreation and their health // Symbol of science: international scientific journal. – 2022. – No. 3.
11. Gracheva O. A. Ensuring the national security of the country as a priority direction of activity of the Russian prosecutor’s office // In the collection: Man and law – XXI century. almanac of the Institute of the Prosecutor’s Office of the Saratov State Law Academy. – Saratov, 2022.
12.Dobretsov D. G. The role of the prosecutor’s office in ensuring the environmental safety of the Russian Federation // In the collection: Global environmental safety: current problems of law and practice. Collection of proceedings of the International Scientific and Practical Conference. Edited by M. M. Mukhlynina, A. I. Nikiforov, S. V. Aramilev, M. V. Saltykova, L. R. Sharifullina. – 2018.
13. Elfimova M. O. Protection of intellectual property as a factor in ensuring the economic security of the Russian Federation // Management of investments and innovations. – 2016. – No. 3.
14. Kapinus O. S. Activities of the prosecutor’s office to ensure the protection of the population from natural and man-made emergencies // Bulletin of the University of the Prosecutor’s Office of the Russian Federation. – 2019. – No. 3 (71).
15. Kardashova I. B. Modern system of ensuring national security of the Russian Federation // Administrative law and process. – 2013. – No. 9.
16. Karpysheva Yu. O. The Russian Prosecutor’s Office as a subject of ensuring the country’s internal security // Academic legal journal. – 2018. – No. 4 (74).
17. Karpysheva Yu. O. The role of the prosecutor’s office in the strategic planning system of the Russian Federation // In the collection: Ensuring national security in the light of global challenges of our time. Materials of the international scientific and practical conference. – Irkutsk, 2021.
18. Kashaev A. R. The role of the prosecutor’s office in ensuring national security // Alley of Science. – 2017. – T. 4. No. 15.
19. Kolesov M.V. Problems and prospects for ensuring information security in the prosecutor’s office of the Russian Federation // Bulletin of the University of the Prosecutor’s Office of the Russian Federation. – 2020. – No. 5 (79). – P. 92-95 @@ Kobzarev F. M. On legal and organizational support for information security of prosecutorial authorities. In the collection: Prosecutor’s Office: yesterday, today, tomorrow (Sukharev readings) // Collection of materials of the II International Scientific and Practical Conference. Academy of the General Prosecutor’s Office of the Russian Federation. – 2017. – P. 368-376 @@ Kozintsev Z.V. Some issues of ensuring information security in the bodies and organizations of the prosecutor’s office // Student Bulletin. – 2021. – No. 35-1 (180). – P. 62-65 @@ Semenova N.V., Ivanova V.V., Slotin A.Yu. The role of the prosecutor’s office in ensuring the information security of society // In the collection: The Prosecutor’s Office of the Russian Federation: vector of development and role in the formation of a democratic rule of law state // Collection of materials of the International Scientific and Practical Conference: at 2 o’clock. Chuvash State University named after I. N. Ulyanov. – Cheboksary, 2021. – pp. 153-158 @@ Korenyuk A. L. Some issues of ensuring information security in the prosecutor’s office of the Russian Federation in the conditions of digital transformation // In the collection: Digitalization of the activities of prosecutor’s offices. Collection of materials from the seminar (round table). – Moscow, 2021. – pp. 97-105.
20. Kondrat I. N., Petrov P. A., Sterenchuk D. D. Some problems that arise when a prosecutor goes to court to recognize information that is prohibited for dissemination, harmful to the health and development of children, posted on the Internet information and telecommunications network » // Legal science: history and modernity. – 2018. – No. 7.
21. Korenyuk A. L. On the issue of ensuring information security in the prosecutor’s office of the Russian Federation // In the collection: Public service: legal and managerial aspects. Materials on the results of a scientific and practical conference with international participation. – Ekaterinburg, 2021.
22. Kot S.V. Activities of the prosecutor’s office to ensure the constitutional security of the Russian Federation // abstract of the dissertation for the degree of candidate of legal sciences / Russian Academy of Public Administration under the President of the Russian Federation. – Moscow, 2004.
23. Likhacheva E. Yu. Selected issues of ensuring information security in the bodies and organizations of the prosecutor’s office of the Russian Federation. In the collection: Military-legal instruments for ensuring national security // Collection of articles of the scientific-practical conference. – Moscow, 2022.
24. Makhmudov I. T. Activities of the prosecutor’s office to ensure the rule of law in the field of national security, countering terrorism and extremism // Bulletin of the Tajik National University. – 2015. – No. 3-12.
25. Merkuryev V.V. Tasks of the Prosecutor’s Office of the Russian Federation in countering extremism and terrorism in the context of ensuring national security // Bulletin of the Academy of the General Prosecutor’s Office of the Russian Federation. – 2016. – No. 3 (53).
26. Misailidi B. A. The role of the prosecutor’s office of the Russian Federation in ensuring the economic security of the state // In the collection: Collection of scientific works of the department of legal culture and protection of human rights. Collection of scientific works of teachers, graduate students, undergraduates and students // Federal State Autonomous Educational Institution of Higher Education “North Caucasus Federal University”, Law Institute. – Stavropol, 2020.
27. Mitonova K. E., Beletskaya A. V. The role of the prosecutor’s office in providing informationoh the safety of minors. In the collection: Jurisprudence in theory and practice: current issues and modern aspects // Collection of articles of the XI International Scientific and Practical Conference. – Penza, 2021.
28. Olifirenko E. P. Ensuring the security of the information space in the management activities of the prosecutor’s office // In the collection: Scientific forum: jurisprudence, history, sociology, political science and philosophy. Collection of articles based on the materials of the LXVII international scientific and practical conference. – Moscow, 2022.
29. Rubtsova M.V. The role of the prosecutor’s office in ensuring transport safety // TheScientificHeritage. – 2021. – No. 67-5 (67).
30. Ryabchenko O. N. On some aspects of prosecutorial supervision over activities to ensure environmental safety of the use and protection of water resources (on the example of the Udmurt Republic) // Law and State: Theory and Practice. – 2015. – No. 8.
31. Saltykova A. E. Activities of the prosecutor’s office for supervision in the field of preventing offenses on the Internet // In the collection: Problems of ensuring the rule of law: history and modernity. A collection of scientific papers based on the results of the International Scientific and Practical Conference within the framework of festive events dedicated to the 300th anniversary of the Russian Prosecutor’s Office and the 165th anniversary of the birth of the Prosecutor General of the Russian Empire A. A. Khvostov. – Yelets, 2021.
32. Sokolov I. A. “History of legal regulation of the participation of the prosecutor in ensuring the information security of the state” (dedicated to the 300th anniversary of the Russian prosecutor’s office) (12.00.08) // Problems of law. – 2021. – No. 4 (83).
33. Tabanova D. B. Competence of the prosecutor’s office in the field of ensuring the implementation of environmental rights of citizens. In the collection: Questions of the evolution of the legal thought of mankind // Collection of articles of the International Scientific and Practical Conference. – 2016.
34. Ulyanov A. Yu. Ensuring road safety through prosecutorial supervision // Legality. – 2016. – No. 7 (981).
35. Usmanova R. M. Legal regulation of the powers of local governments to ensure environmental safety // Rule of law: theory and practice. – 2019. – No. 4 (58).
36. Fairushina R. D. Measures of prosecutorial supervision over the enforcement of legislation on road safety // Eurasian Legal Journal. – 2018. – No. 4 (119).
37. Khrulev D. A. Activities of the prosecutor’s office to ensure the economic security of Russia (organizational and legal aspects) // dissertation for the degree of candidate of legal sciences. – Moscow, 2005.
38. Tsyganov D.V. On the role of the prosecutor’s office in ensuring the environmental safety of the state. In the collection: Novels of Law and Politics 2016 // Collection of scientific papers based on the materials of the International Scientific and Practical Conference. – 2016.
39. Sharikhin A. E. Public security as a key element of the national security strategy of the Russian Federation // Monitoring of law enforcement. – 2015. – No. 1 (14).
40. Stefashina Ya. V. The role of the prosecutor’s office in ensuring environmental safety // In the collection: Higher education for the 21st century: Digital transformation of society: new opportunities and new challenges. Reports and materials of the XVI International Scientific Conference: 2 hours (online format). – Moscow, 2020. – pp. 426-429.
41. Rubtsova M.V. The role of the prosecutor’s office in the field of ensuring the safety of civil aviation aircraft // In the collection: The role of the prosecutor’s office in building the rule of law: history and modernity (To the 300th anniversary of the Russian prosecutor’s office). Collection of articles based on materials from the scientific and practical round table. Rep. editor: E. Yu. Antonova. – Vladivostok, 2022. – pp. 131-133.
42. Savelyev N. A. Legal aspects of national security // In the collection: Security in the modern world. Materials of the III All-Russian scientific and practical conference with international participation. Rep. editor S. A. Bondareva. – Volgograd, 2021. – P. 326-333.
LAW ENFORCEMENT AUTHORITIES
MOTORINA Irina Stanislavovna
senior lecturer of Legal regulation of business and civil proceedings sub-faculty of the Moscow University for Industry and Finance “Synergy”
GENERAL TRENDS IN THE DEVELOPMENT OF CONCILIATION INSTITUTIONS OF THE RUSSIAN FEDERATION
The article highlights the problems faced by citizens in protecting their rights in the 21st century and the judicial systems of different countries. They are associated with overload of courts with claims and structural imbalances in conditions of instability of political relations and economic crisis. The work substantiates the need to find ways to popularize conciliatory institutions in judicial activities. The relevance of this topic lies in the fact that increasing the culture of reconciliation of the parties leads to strengthening social peace, “de-judicialization of disputes” and reducing the burden on the courts.
Keywords: justice, conciliatory institutions, reducing the load on the courts.
Bibliographic list of articles
1. Lebedev V. M. Scientific foundations of the modern Russian model of justice // Journal of Russian Law. – 2023. – No. 5. – P. 103-115.
2. Noskov I. Yu. On the issue of the concept of “judicial activity” // State and prospects for the development of the judicial system of the Russian Federation: Coll. scientific articles; edited by V. A. Terekhina, S. B. Pogodina. – Penza, 2014. – pp. 173-181.
3. Ershov V.V. Legal and individual regulation of public relations. Monograph. – Moscow: RGUP, 2018. – 627 p.
4. Petrukhin I. L., Baturov G. P., Morshchakova T. G. Theoretical foundations of the effectiveness of justice. – M.: Nauka, 1979. – 392 pp.
LAW ENFORCEMENT AUTHORITIES
SILANTJEV Alexander Vyacheslavovich
lecturer of Physical training sub-faculty of the Voronezh Institute of the MIA of Russia
GRISHCHENKO Andrey Sergeevich
Deputy Head of Physical training and sports sub-faculty of the Krasnodar University of the MIA of Russia
YUDIN Sergey Vladimirovich
senior lecturer of Physical training sub-faculty of the Educational and Scientific Complex of Special Training of the V. Ya. Kikot Moscow University of the MIA of Russia
ENSURING SECURITY AND LEGAL ORDER: THE EXPERIENCE AND MEASURES OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
This article presents an analysis of the actions of the Ministry of Internal Affairs of Russia in the context of special military operations. The article examines the adaptation of law enforcement activities to new threats that go beyond traditional methods of struggle. The measures taken to ensure security and legal order in educational organizations of the Ministry of Internal Affairs of Russia, including professional training of students, are highlighted. The article analyzes in detail the cunning methods used by the Ukrainian special services to destabilize the situation in Russia and harm civilians. The article describes the practical training of law enforcement officers for high-risk situations, including profiling methods and algorithms for detecting potential criminals. The importance of prompt and decisive actions of employees in the event of a threat to the safety of others is also emphasized. The article contains recommendations on effective interaction with citizens and support for personal safety in conditions of increased threat. In general, this article provides a valuable analysis of the experience of the Ministry of Internal Affairs of Russia and its applicability in ensuring security and law and order in conditions of special military operations.
Keywords: practical experience, in conditions of special military operations; arson of military commissariats; destabilization of the situation in the state; a police officer; the Ministry of Internal Affairs of Russia; a terrorist attack; professional training; relevance of training, security; law enforcement agencies public safety; national security; countering new threats; professional applied skills; patrol routes; basic profiling; developed and new technologies; fixed weapons; algorithm of actions; legitimate demands of a police officer; reflection of new threats that have arisen.
Bibliographic list of articles
1. Order of the Ministry of Internal Affairs of Russia dated July 1, 2017 No. 450 (as amended on July 27, 2020) “On approval of the Manual on the organization of physical training in the internal affairs bodies of the Russian Federation.” [Electronic resource]. – Access mode: http://www.consultant.ru (access date: 02/01/2024).
2. Order of the Ministry of Internal Affairs of Russia dated 05/05/2018 No. 275 (as amended on 01/10/2022) “On approval of the Procedure for organizing the training of personnel to fill positions in the internal affairs bodies of the Russian Federation.” [Electronic resource]. – Access mode: http://www.consultant.ru (access date: 02/01/2024).
3. Professional training of police officers: a textbook in 4 hours / Under the general editorship of V. L. Kubyshko. – M.: DGSK Ministry of Internal Affairs of Russia, 2020. Professional cycle. Part 1. – 536 p. – The text is immediate.
4. Shuldeshov L. S., Rodionov V. A., Uglyansky V. V. Fire training: a textbook. – Moscow: KNORUS, 2020. – Direct text.
5. Voronin S. M. [et al.]. Professional applied physical training: textbook for universities / Edited by N. A. Voronov. — 2nd ed., rev. and additional – Moscow: Yurayt Publishing House, 2023. – 140 p. – (Higher education). — ISBN 978-5-534-12268-8. — Text: electronic // Educational platform Urayt [website]. [Electronic resource]. – Access mode: https://urait.ru/bcode/518668.
6. Pozhalin V.N. [etc.]. Physical training of employees of the penal system: a textbook for secondary professionalsional education / Executive editor V. N. Pozhalin. — 2nd ed., rev. – Moscow: Yurayt Publishing House, 2023. – 276 p. – (Professional education). — ISBN 978-5-534-14657-8. — Text: electronic // Educational platform Urayt [website]. [Electronic resource]. – Access mode: https://urait.ru/bcode/518180.
7. Puzyrevsky R.V. [etc.]. Physical training as the main component of the physical culture of employees of the penal system: a textbook for universities / Edited by R. V. Puzyrevsky. — 2nd ed., rev. – Moscow: Yurayt Publishing House, 2022. – 276 p. – (Higher education). — ISBN 978-5-534-12866-6. — Text: electronic // Educational platform Urayt [website]. [Electronic resource]. – Access mode: https://urait.ru/bcode/495681.
LAW ENFORCEMENT AUTHORITIES
TONYSHEV Alexander Vladimirovich
Ph.D. in Law, associate professor of Personnel management and educational work sub-faculty of the Educational and Scientific Complex for Researching Problems of Personnel Work and Moral and Psychological Support of the Activity of Internal Affairs Bodies of the St. Petersburg University of the MIA of Russia
UDODOV Alexander Grigorjevich
Ph.D. in Law, associate professor of Legal regulation of entrepreneurial and applied jurisprudence sub-faculty of the Moscow Financial and Industrial University “Synergy”
EDUCATION OF THE CULTURE OF INTERETHNIC COMMUNICATION IN THE BODIES OF INTERNAL AFFAIRS
The content of the proposed article highlights the issues of the formation of a culture of interethnic communication. Considering that such a direction of educational activity in the internal affairs of bodies is carried out in strict dependence on the relevant legal regulation, the article analyzes the legal norms affecting the concepts of “national” and “interethnic”. The main means of forming a culture of interethnic communication are legal prohibitions and regulations, familiarization of employees with the rules that guide the communication of subjects of such communication to professional goals.
Keywords: education, interethnic communication, people, police, national identity, ethno-cultural competence.
Bibliographic list of articles
1. Nikolaeva N.V. Activities of police officers in a multi-ethnic society: conflictological aspect // Activities of law enforcement agencies in modern conditions: Collection of materials of the XXVII international scientific and practical conference, Irkutsk, June 03, 2022. – Irkutsk: East Siberian Institute of the Ministry of Internal Affairs of the Russian Federation, 2022. – P. 351-354. – EDN BSFATE.
2. Udodov G. A. Tolerance in relationships between students and teachers // Language. Culture. Communication: Materials of the All-Russian scientific and practical conference, St. Petersburg, November 29, 2022. – St. Petersburg: St. Petersburg University of the Ministry of Internal Affairs of the Russian Federation, 2022. – P. 99-103. – EDN KWLANC.
3. Udodov G. A., Demidov A. V. Respect for the individual in the educational process // Moral and psychological support for the activities of internal affairs bodies: modern approaches and development prospects: materials of the All-Russian scientific and practical conference, St. Petersburg, December 14, 2022 of the year / St. Petersburg University of the Ministry of Internal Affairs of Russia. – St. Petersburg: St. Petersburg University of the Ministry of Internal Affairs of the Russian Federation, 2022. – P. 274-277. – EDN FIMQYK.
LAW ENFORCEMENT AUTHORITIES
KHALILULLIN Fail Fargatovich
Ph.D. in psychological sciences, associate professor of Physical training sub-faculty of the Kazan Law Institute of the MIA of Russia
ZHABKIN Anton Sergeevich
Ph.D. in Law, senior lecturer of Tactical and special training sub-faculty of the Rostov Law Institute of the MIA of Russia, senior lieutenant of police
KARPOV Alexander Alexandrovich
senior lecturer of Physical training sub-faculty of the Voronezh Institute of the MIA of Russia, lieutenant colonel of police
MERKAZOVA Valentina Anatoljevna
lecturer of Special disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
ON THE MAIN DIRECTIONS OF TRAINING POLICE OFFICERS TO ACT IN SPECIAL CONDITIONS
In this article, the authors analyze the term “special conditions of service”, and also consider the main directions of training police officers to act in special conditions, in particular, the authors highlight the need to develop physical fitness, psychological stability , the development of knowledge from the field of tactical medicine and tactical special training, fire and legal training. Theauthors note that the training of police officers should be systematic and comprehensive.
Keywords: police officers, skills development, special conditions, physical training, psychological training.
Bibliographic list of articles
1. Krokhina Yu. V. Pedagogical conditions for training employees of the Ministry of Internal Affairs of Russia for the use of physical force and firearms // Modern education. – 2023. – No. 1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/pedagogicheskie-usloviya-podgotovki-sotrudnikov-mvd-rossii-k-primeneniyu-fizicheskoy-sily-i-ognestrelnogo-oruzhiya (date of access: 04/16/2024).
2. Ryzhkov P. S. Features of training employees of the Ministry of Internal Affairs for professional activities in special conditions. — Text: immediate // Young scientist. – 2024. – No. 3 (502). – pp. 411-413. [Electronic resource]. – Access mode: https://moluch.ru/archive/502/110297/ (date of access: 04/16/2024).
3. Slyshalov I.V. Special conditions in the activities of internal affairs bodies: approaches to understanding // Law and Politics. – 2019. – No. 5. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/osobye-usloviya-v-deyatelnosti-organov-vnutrennih-del-podhody-k-ponimaniyu (date of access: 04/22/2024).
4. Sadekov R.R. Pedagogical conditions for training employees of the Ministry of Internal Affairs of Russia to act in special conditions // Police activity. – 2023. – No. 1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/pedagogicheskie-usloviya-podgotovki-sotrudnikov-mvd-rossii-k-deystviyam-v-osobyh-usloviyah (date of access: 04/16/2024).
5. Tarasenko A. A., Alifanov Yu. N. Organizational aspects of ensuring personal safety of police officers when acting in special conditions // PPD. – 2021. – No. 3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/organizatsionnye-aspekty-obespecheniya-lichnoy-bezopasnosti-sotrudnikov-politsii-pri-deystviyah-v-osobyh-usloviyah (date of access: 04/16/2024).
6. Khaliullina L. I. Approaches to the definition of “Special conditions in police activities” and related terms // Proceedings of the Academy of Management of the Ministry of Internal Affairs of Russia. – 2013. – No. 1 (25). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/podhody-k-opredeleniyu-osobye-usloviya-v-deyatelnosti-politsii-i-smezhnyh-s-nim-terminov (date of access: 04/16/2024).
LAW ENFORCEMENT AUTHORITIES
KHOLOPOVA Tatyana Viktorovna
adjunct of Management of activities of public order protection units at the command and staff training sub-faculty of the Center Academy of Management of the MIA of Russia, Vladivostok, captain of justice
THE ROLE OF INTERNAL AFFAIRS BODIES IN THE SYSTEM OF LEGAL RELATIONS ARISING IN THE FIELD OF PREVENTIVE IMPACT
The prevention of offenses by the police is the activity of services, departments and employees of internal affairs bodies carried out within their competence, aimed at preventing crimes by identifying, eliminating or neutralizing the causes, conditions and circumstances conducive to their commission, providing preventive effects on persons with illegal behavior. The prevention of crimes by internal affairs bodies is carried out in order to protect the individual, society, and the state from criminal encroachments, counteract criminogenic processes in society, and ensure the containment and reduction of crime.
Keywords: crime prevention system, state policy in the field of internal affairs, announcement of an official warning, administrative punishment.
Bibliographic list of articles
1. Official website of the Ministry of Internal Affairs of the Russian Federation. – [Electronic resource]. – Access mode: http: // mvd.ru (date of access: 03/02/2023).
2. Official website of the President of the Russian Federation. – [Electronic resource]. – Access mode: http: // kremlin.ru (date of access: 03/02/2023).
3. Speech by the President of the Russian Federation V.V. Putin at an extended meeting of a colleague of the Ministry of Internal Affairs of Russia (February 17, 2022) // Official website of the President of the Russian Federation. – [Electronic resource]. – Access mode: http://kremlin.ru/events/president/news/67795 (date of access: 03/02/2023).
4. Kapinus O. S. Improving measures to prevent involvement in illegal and destructive activities // Laws of Russia: experience, analysis, practice. – 2022. – No. 4.
5. Podchernyaev A. N. Crime prevention as a priority activity of internal affairs bodies // Scientific Bulletin of the Oryol Law Institute of the Ministry of Internal Affairs of Russia named after V. V. Lukyanov. – 2018. – No. 2 (75).
6. Amelchakov I.F., Kataeva O.V. On the need to improve the legal basis for the prevention of domestic violence // Bulletin of Voronezh State University. Series: Law. – 2022. – No. 1. (14). – P. 188.
7. Shishkina O. E. New Law in the field of crime prevention in the Russian Federation: an attempt at a systematic approach // Administrative law and process. – 2022. – No. 7. – P. 38-41.
LAW ENFORCEMENT AUTHORITIES
TSARKOVA Evgeniya Gennadjevna
Ph.D. in physical and mathematical sciences, leading researcher of the Department for the Study of the problems of employment of convicts and economic problems of the functioning of the penitentiary system of the Center for the Study of Problems of management and organization of the execution of sentences in the Penitentiary System of the Federal State Institution “Research Institute of the Federal Penitentiary Service”
THE USE OF MACHINE LEARNING IN LAW ENFORCEMENT AGENCIES IN CRIME FORECASTING: FOREIGN EXPERIENCE
Criminological forecasting is an effective tool for reducing the risks of recidivism and improving the safety of citizens. In modern conditions of digital transformation of public administration, data-based solutions are becoming increasingly important. The availability of effective mathematical algorithms for the collection and processing of statistical information is an essential condition for the possibility of building predictive models in the field of criminology. The use of machine learning methods is becoming mainstream in crime forecasting, however, it requires the availability of data with the necessary indicative composition. Using the experience of foreign countries as an example, the paper examines the areas of application of artificial intelligence methods in crime forecasting. Special attention is paid to the constraining factors of the widespread introduction of machine learning methods into law enforcement. The directions of domestic research in the field of predictive analytics in the activities of law enforcement agencies are determined.
Keywords: security, criminological forecasting, crime, machine learning, artificial intelligence, Penal System of Russian Federation.
Bibliographic list of articles
1. Zorina N. S. Crime factors in the field of computer technology // 25 years of experience in the application of the Criminal and Penal Codes of the Russian Federation: problems and development prospects: Collection of materials from the round table within the framework of the XII Perm Congress of Legal Scientists, Perm, 29 October 2022. Perm: Perm Institute of the Federal Penitentiary Service of Russia, 2022. pp. 45-47.
2. Zorina N. S. The concept of crimes committed with the use of information and telecommunication technologies // Bulletin of the FKU NIIIT FSIN of Russia: Scientific and practical edition. Issue 5. Tver: FKU NIIIT FSIN of Russia, 2022. P. 34-37.
3. Dremlyuga R.I., Reshetnikov V.V. Legal aspects of the use of predictive analytics in law enforcement // Asia-Pacific region: economics, politics, law. 2018. No. 3. P. 133-144.
4. Tsarkova E. G. Development of machine learning models for identifying cyber attacks on departmental information resources // Scientific and Technical Bulletin of the Volga Region. 2023. No. 12. P. 410-413.
5. Bennett M. L., Chan J. Algorithmic prediction in policing: Assumptions, evaluation, and accountability / Policing and Society. 2016. R. 806-822.
6. Camacho-Collados M., Liberatore F. A decision support system for predictive police patrolling / Decision Support Systems. 2015. R. 25-37.
7. Perry W. L. Predictive policing: The role of crime forecasting in law enforcement operations. Santa Monica: Rand Corporation, 2013. RUB 145
PROSECUTORAL SUPERVISION
IVANOVA Irina Anatoljevna
magister student of the Faculty of Law of the M. K. Ammosov North-Eastern Federal University, Yakutsk
YAKOVLEV Nikolay Mikhaylovich
Ph.D. in Law, associate professor of Arctic law, Asia pacific law sub-faculty and Criminal law sub-faculty of the Faculty of Law of the M. K. Ammosov North-Eastern Federal University, Yakutsk, honored lawyer of the Russian Federation, honored lawyer of the Republic of Sakha (Yakutia)
PROSECUTORAL SUPERVISION OVER THE EXECUTION OF LEGISLATION ON AIR PROTECTION
Atmospheric air is a vital element of the environment, which contains a mixture of atmospheric gases. For this reason, ensuring everyone’s constitutional right to a healthy environment is of particular importance. Increasingly, in matters of atmospheric air protection, importance is attached to prosecutorial supervision. , within the framework of this article, the features of prosecutorial supervision over the implementation of Russian legislation on the protection of atmospheric air thus will be considered. The subject, goals and objectives of prosecutorial supervision over the implementation of legislation on atmospheric air protectionare determined. Measures aimed at increasing the efficiency of prosecutorial supervision in this area are proposed.
Keywords: supervision, prosecutorial supervision, legislation, Russian legislation, security, protection of atmospheric air.
Bibliographic list of articles
1. Artemchenkova L. M., Neka L. I. Prosecutor’s supervision over the implementation of legislation on the protection of atmospheric air // Current issues of modern science. – 2019. – No. 4 (20). – pp. 42-45.
2. Chelpanova M. M. Legal regulation of the implementation of prosecutorial supervision over the implementation of legislation on environmental protection // Crimean legal readings. Russian Prosecutor’s Office: on the eve of the 300th anniversary, 2021. – pp. 197-202.
SAFETY AND LAW
ALEXEEV Artem Mikhaylovich
lecturer of Fire and tactical special training sub-faculty of the Ufa Law Institute of the MIA of Russia
CHERNEYKIN Pavel Petrovich
lecturer of the Cycle of Cynology of the Ufa School for the Training of Dog Handlers of the MIA of Russia
BEREZOVIKOV Evgeniy Vladimirovich
lecturer of Physical training sub-faculty of the Far Eastern Law Institute of the MIA of Russia, Vladivostok
ON THE ISSUE OF APPLICATION OF SECURITY MEASURES “PERSONAL PROTECTION, SECURITY OF HOME AND PROPERTY”
This article discusses the main problems related to the implementation of their practical activities by police officers working in the Department of state protection. In particular, the issues of the application of state protection measures in compliance with personal security measures. Thus, in the article under consideration, the main tactical techniques of the unit for ensuring the safety of persons participating in criminal proceedings were reflected. The main key to the success of activities aimed at eliminating and exposing the threat carrier is psychology, fire and tactical special training. There are quite a lot of subtleties, taking as a basis, actions in case of injury to the protected person, various diseases, fire contact and so on. As well as the decision-making time in case of a threat from third parties. This list of tactical, special and other actions is not limited and requires further study.
Keywords: briefing, threat carrier, situation, firearms, physical protection, inspection of vehicles, explosive devices.
Bibliographic list of articles
1. Petrov P. S. Problematic aspects of improving fire training for government employees // Current problems of the state and society in the field of ensuring the rights and freedoms of man and citizen (dedicated to the adoption of the Universal Declaration of Human Rights): collection of materials of the International Conference, Ufa, December 08, 2022 . – Ufa: Ufa Law Institute of the Ministry of Internal Affairs of the Russian Federation, 2022. – P. 277-281. – EDN DEPNTJ.
2. Petrov P. S., Didorenko N. N., Fakov A. M. Prospective directions for improving fire training for law enforcement officers // Eurasian Legal Journal. – 2022. – No. 9 (172). – pp. 415-416. – EDN EXFIEH.
3. Marusin I. G., Alekseev A. M. Tactics of action when applying measures of state protection depending on the situation and the nature of the real // Issues of improving physical, tactical-special and fire training of police officers for operational work: materials of the All-Russian scientific -practical conference, Volgograd, June 21, 2023. Volume Issue 6. – Volgograd: Volgograd Academy of the Ministry of Internal Affairs of the Russian Federation, 2023. – P. 177-182. – EDN IPZNOY.
SAFETY AND LAW
ROMANOV Anton Alexandrovich
Ph.D. in Law, Deputy Head of Fire and special tactical training sub-faculty of the Ufa Law Institute of the MIA of Russia
ON IMPROVING THE LEGAL REGULATION OF THE USE OF WEAPONS BY EMPLOYEES OF SECURITY UNITS ENSURING THE SAFETY OF PERSONS SUBJECT TO STATE PROTECTION
The activities of employees of departments to ensure the safety of persons subject to state protection have significant differences from other police officers, including in situations involving the use of weapons. At the same time, the current provisions of Federal Law No. 3-FZ dated 02/07/2011 “On the Police” do not fully take into account this specificity, which in situations where weapons are used complicates the activities of employees of these units, does not contribute to the effective solution of their tasks and personal safety . The solution to these problems is seen in the introduction of amendments and additions proposed by the author to the law.
Keywords: state protection, use of weapons, protected person, threat carrier, priority task.
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.
2. Noskov O. S. Current aspects of law enforcement activities in terms of legal regulation of the use of firearms by law enforcement officers // Bulletin of the Ufa Law Institute of the Ministry of Internal Affairs of Russia. – 2019. – No. 4 (86). – pp. 103-109.
3. Romanov A. A., Muzafin R. R., Akhiyarov R. A., Davletov V. I. Problems and algorithms for ensuring personal safety of internal affairs officers in situations involving the use of firearms: educational and practical manual. – Ufa: Ufa Judicial Institute of the Ministry of Internal Affairs of Russia, 2020. – 38 p.
SAFETY AND LAW
FEDOSOV Artyom Vasiljevich
Ph.D. in technical sciences, associate professor of the Ufa State Petroleum Technical University
VALITOVA Karina Alfredovna
magister student of the Ufa State Petroleum Technical University
VALEEV Rustem Ilfatovich
magister student of the Ufa State Petroleum Technical University
NAZMUTDINOV Ainur Azamatovich
magister student of the Ufa State Petroleum Technical University
ANALYSIS OF PROBLEMS IN THE WORK OF A LABOR PROTECTION SPECIALIST
It’s no secret that there is a wide range of problems in the world of occupational safety and health. Ensuring workplace safety is not an easy responsibility, and it can become overwhelming for professionals working in this field.
In this article, we have reviewed the main, most frequently mentioned problems faced by occupational safety specialists and managers in their work to create a safe working environment for everyone.
The purpose of this study is to identify and analyze problems in the work of an occupational safety specialist, classify them and propose methods for solving the identified problems. The work is based on a statistical research method. The object of this study is occupational safety specialists working in the oil and gas industry.
This article concludes with solutions to overcome these problems. In our opinion, every company should take a course to optimize the work of an occupational safety specialist and improve the safety culture at work.
Keywords: occupational safety, occupational safety specialist, problems, safety improvement.
Bibliographic list of articles
1. Vadulina N.V., Litvinova V.I., Konstantinova O.V., Ismagilov M.I., Ismatov Zh.F. Comparative analysis of the concepts of industrial safety culture, // Labor Safety in Industry. – 2021. – No. 9. – P. 20-25.
2. Vadulina N.V., Kiraeva A.A. Behavioral safety audit – a method for increasing the efficiency of the occupational safety management system // Scientific aspect. – 2023. – No. 12. – P. 240-247.
3. Fedosov A.V., Tazhetdinova A.A., Tazhetdinova A.A., Ganiev A.M. Problems of labor protection legislation and ways to solve them // Eurasian Legal Journal. – 2023. – No. 9 (184). – pp. 241-242.
4. Fedosov A.V., Tazhetdinova A.A., Nasibullina V.A., Konstantinova O.V. Analysis of the requirements of the legislation of the Russian Federation in the field of training in occupational safety issues // Eurasian Legal Journal. – 2023. – No. 4 (179). – pp. 395-396.
5. Fedosov A.V., Fedosova E.A., Vasilyeva A.I. Changes in labor protection legislation over the last year // Millionshchikov-2023. – 2023. – pp. 335-338.
6. Abdrakhmanov N. Kh., Abdrakhmanova K. N., Vorokhobko V. V., Shaibakov R. A. Current state of development of a methodology for analyzing system risks in the design and operation of oil and gas equipment of hazardous production facilities // Oil and Gas Business. – 2014. – No. 3. – P. 359-376.
SAFETY AND LAW
LYUEV Tembot Khabasovich
senior lecturer of Internal affairs in special conditions sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia, lieutenant colonel of police
PROBLEMS OF INTERNATIONAL COOPERATION OF STATES IN COUNTERING TERRORISM
This article examines the main problems of international cooperation between states in countering terrorism. The normative legislatives for solving the issue of terrorism and methods of combating them are compared. It is proposed to review and improve the legal support for anti-terrorist cooperation between States at the international and regional levels in order to increase the effectiveness of the international fightagainst terrorism.
Keywords: terrorism, extremism, Russian and foreign legislation, public danger, counteraction, cyberterrorism, prevention of extremist crime.
Bibliographic list of articles
1. Institute of Economics and Peace. Official site. Global Terrorism Index 2024. Measuring the impact of terrorism. [Electronic resource]. – Access mode: https://www.economicsandpeace.org/reports/ (date of access: 04/20/2024).
2. Paliy V.M., Grishai E.V., Lyudkevich Yu.N. General social measures to counter the spread of the ideology of extremism and terrorism // Criminological Journal. – 2022. – No. 4. – P. 141-144.
3. Bitov A. A., Prokhorov K. A. Countering terrorism as one of the components of comprehensive security at the present stage // Current issues of fire and tactical-special training of employees of internal affairs bodies: Collection of scientific articles based on the results of the interuniversity scientific-practical conference, Nizhny Novgorod, May 15, 2019. – Nizhny Novgorod: Publishing and printing company “New Time” (Cheboksary), 2019. – P. 34-37.
4. Expert on the protection of the CIS countries: the highest priority is the fight against international evil, terrorism. [Electronic resource]. – Access mode: https://ctv.by/ekspert-o-zashchite-stran-sng-samoe-prioritetnoe-napravlenie-borba-s-mezhdunarodnym-zlom-terrorizmom (date of access: 04/20/2024)
5. Bezborodov A. S. Trend in the development of the fight against international terrorism in international law // Current issues of state and law at the current stage of development of society. Collection of materials of the International scientific and practical conference among students, undergraduates and graduate students. – Perm, 2022. – pp. 13-15.
6. Abazov I. S. On ways to counter cyberterrorist threats // Journal of Applied Research. – 2022. – T. 2. No. 6. – P. 178-181.
7. RIA Novosti. Putin called it unacceptable to use terrorists for political interests. [Electronic resource]. – Access mode: https://ria.ru/20160805/1473667679.html (access date: 04/20/2024)
8. Kankulov A. Kh., Kazak I. B. Terrorism as a subject of research in Russian and foreign criminal legislation // Agrarian and land law. – 2023. – No. 8 (224). – pp. 96-100.
9. Korolkov D. N. International terrorism as a modern trend in the development of international law // Current issues of state and law at the current stage of development of society. Collection of materials of the International scientific and practical conference among students, undergraduates and graduate students. Perm, 2022. -S. 213-217.
EDAGOGY AND LAW
BUKHTOYAROV Ivan Ivanovich
senior lecturer of Fire training sub-faculty of the Voronezh Institute of the MIA of Russia, lieutenant colonel of police
LINEVICH Yan Vladimirovich
lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia, major of police
MARTYNYUK Sergey Nikolaevich
lecturer of Special disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, Simferopol, major of police
LITVINENKO Alexander Alexandrovich
lecturer of Tactical and special training sub-faculty of the Rostov Law Institute of the MIA of Russia, junior lieutenant of police
TEACHING METHODS USED IN EDUCATIONAL ORGANIZATIONS OF THE MINISTRY OF INTERNAL AFFAIRS
This article discusses the importance of choosing methods of study at universities of the Ministry of Internal Affairs of Russia, in order to improve the quality of training of future police officers. The authors discuss the roles of interactive and active teaching methods in the context of modern education acquired in departmental universities. The use of the presented methods contributes not only to the assimilation of educational material, but also to the development of communication skills, critical thinking and the ability to make effective decisions in conditions of time shortage, in extreme situations. The article emphasizes the importance of further research in this area to optimize the educational process and improve the quality of training of the Ministry of Internal Affairs of the Russian Federation.
Keywords: teaching methods, interactive methods, active methods, passive methods, educational process, business game.
Bibliographic list of articles
1. Kirillova T.V., Mishchuk A.M. Pedagogical potential of the disciplines of the “fire training” course to increase the effectiveness of training cadets in shooting skills from service weapons // Bulletin of the Kuzbass Institute. – 2017. – No. 4 (33). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/pedagogicheskiy-potentsial-distsiplin-kursa-ognevoy-podgotovki-dlya-povysheniya-effektivnosti-obucheniya-kursantov-navykam-strelby-iz (date of access: 04/20/2024).
2. Klimovsky A. S., Skorobogatova M. R. Visualization as one of the main teaching methods in the system of professional training of employees of the Ministry of Internal Affairs of Russia // Scientific notes of the Crimean Federal University named after V. I. Vernadsky. Sociology. Pedagogy. Psychology. – 2022. – No. 4 (74). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/naglyadnost-kak-odin-iz-osnovnyh-metodov-obucheniya-v-sisteme-professionalnoy-podgotovki-sotrudnikov-mvd-rossii (access date: 04/16/2024 ).
3. Marchenko G.V., Soshnikova I.A. Application of educational teaching methods in educational organizations of the Ministry of Internal Affairs of Russia // Bulletin of St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2020. – No. 3 (87). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/primenenie-metodov-vospityvayuschego-obucheniya-v-obrazovatelnyh-organizatsiyah-mvd-rossii (date of access: 04/16/2024).
4. Nesmelov P.V., Lavrova M.S., Sivoronov D.I. Modern trends in the development of tactical and special training in educational organizations of the Russian Ministry of Internal Affairs // Bulletin of Economic Security. – 2021. – No. 1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sovremennye-tendentsii-razvitiya-taktiko-spetsialnoy-podgotovki-v-obrazovatelnyh-organizatsiyah-sistemy-mvd-rossii (date of access: 04/16/2024).
5. Ruskova Yu. N. The essence and content of interactive learning technologies as a means of developing professional competencies among cadets of educational organizations of the Ministry of Internal Affairs of Russia // Materials of the XI International Student Scientific Conference “Student Scientific Forum”. [Electronic resource]. – Access mode: https://scienceforum.ru/2019/article/2018017605 (date of access: 04/16/2024).
EDAGOGY AND LAW
ZHABKIN Anton Sergeevich
Ph.D. in Law, lecturer of Tactical and special training sub-faculty of the Rostov Law Institute of the MIA of Russia, senior lieutenant of police
STAROSTIN Vadim Gennadjevich
senior lecturer of Physical training sub-faculty of the Kazan Law Institute of the MIA of Russia
MELNIK Kirill Andreevich
senior lecturer of Tactical and special training sub-faculty of the Voronezh Institute of the MIA of Russia, lieutenant colonel of police
RODITELEVA Yana Nikolaevna
senior lecturer of Special disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, lieutenant colonel of police
THE ROLE OF AN INTEGRATED APPROACH IN SHAPING THE READINESS OF FUTURE POLICE OFFICERS FOR PROFESSIONAL ACTIVITY
This article examines the role of the integrated approach in the formation of professionally significant qualities of future police officers and their readiness for future professional activities. The authors draw attention to the importance of implementing interdisciplinary connections in the process of training cadets and students of universities of the Ministry of Internal Affairs. The article discusses various aspects of readiness formation, such as tactical and special training, physical training, fire training, legal training. The study highlights the importance of using the situational method in the process of training cadets and trainees, which allows them to form the necessary skills, knowledge and skills for the effective performance of official duties by future police officers.
Keywords: police officers, integrated approach, interdisciplinary communication, situational method, skills development.
Bibliographic list of articles
1. Kalinin S.V., Morozov V.A., Chernov Yu.N. Kalinin S.V., Morozov V.A., Chernov Yu.N. An integrated approach to training personal safety of police officers // Philological Sciences. Questions of theory and practice. – 2017. – No. 7-3 (73). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kompleksnyy-podhod-pri-obuchenii-lichnoy-bezopasnosti-sotrudnikov-politsii (date of access: 04/23/2024).
2. Nikishin E. S., Pakhomov V. I. Legal foundations and problematic issues of the use of firearms, special means and combat techniques in combat by police officers // Science-2020. – 2022.- No. 4 (58). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/pravovye-osnovy-i-problemnye-voprosy-primeneniya-ognestrelnogo-oruzhiya-spetsialnyh-sredstv-i-boevyh-priemov-borby-sotrudnikami (access date: 23.04 .2024).
3. Nikonorov E. A. Tactical-special training as an element of combat training in the internal affairs department // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2010. – No. 9. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/taktiko-spetsialnaya-podgotovka-kak-element-boevoy-podgotovki-v-ovd (date of access: 04/23/2024).
4. Pechunov A. Yu. An integrated approach to preparing cadets for armed confrontation on the basis of an inter-cathedral training ground // Bulletin of the BelYUI Ministry of Internal Affairs of Russia. – 2009. – No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kompleksnyy-podhod-k-podgotovke-kursantov-k-vooruzhennomu-protivoborstvu-na-baze-mezhkafedralnogo-poligona (date of access: 04/23/2024).
5. Sinyansky V. A., Kalenik R. S., Afinogenov T. P. Professional training of police officers in foreign countries, advanced experience, modern technologies // ANI: pedagogy and psychology. – 2020. – No. 1 (30). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/professionalnaya-podgotovka-politseyskogo-v-zarubezhnyh-stranah-peredovoy-opyt-sovremennye-tehnologii (date of access: 04/23/2024).
6. Startsev A. M. On the issue of an integrated approach to improving professional service and physical training of employees of internal affairs bodies // Bulletin of Economic Security. – 2018. – No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/k-voprosu-o-kompleksnom-podhode-k-sovershenstvovaniyu-professionalnoy-sluzhebnoy-i-fizicheskoy-podgotovki-sotrudnikov-organov (access date: 04/23/2024 ).
EDAGOGY AND LAW
KIKTEV Alexander Valerjevich
lecturer of Criminalistics sub-faculty of the Training and Scientific Complex of Preliminary Inquiry in Law Enforcement Agencies of the Volgograd Academy of the MIA of Russia
CHETVEROUS Alexey Nikolaevich
senior lecturer of Fire and physical training sub-faculty of the Volgodonsk branch of the Rostov Law Institute of the MIA of Russia
DIGITAL TRANSFORMATION OF EDUCATION. DIGITAL DIDACTICS, DIGITAL LITERACY AND THE FORMATION OF DIGITAL COMPETENCIES
Currently, the training of law enforcement officers is becoming digitally promising in development and highly technologically advanced. The development of new technologies every year requires making decisions that would be most relevant. At the same time, law enforcement officers should already have interdisciplinary skills and the ability to adapt to the period of digitalization of society in order to have the necessary level of digital competencies.
Keywords: digital transformation, digital didactics, digital literacy, law enforcement officers, new technologies, artificial intelligence, digital platforms.
Bibliographic list of articles
1. What is digital transformation? [Electronic resource]. – Access mode: https://trends.rbc.ru/trends/innovation/5d695a969a79476ed81148ef (date of access: 02/14/2024).
2. What is digital literacy and why do you need it. [Electronic resource]. – Access mode: https://skillbox.ru/media/business/chto-takoe-tsifrovaya-gramotnost-i-pochemu-ona-vam-nuzhna/ (date of access: 02.14.2024).
3. Amani Smathers R. The T-shaped Lawyer and Beyond: Rethinking legal professionalism and legal education for contemporary societies // ABA Law Practice Magazine “Big Ideas Issue”. – 2014. – P. 126.
4. Dellermann D., Calma A., Lipusch N., Weber T., Weigel S., & Ebel P. The Future of Human-AI Collaboration: A Taxonomy of Design Knowledge for Hybrid Intelligence Systems // Hawaii International Conference on System Sciences (HICSS). – Hawaii, USA, 2019. – R. 11.
5. Janet L. Kolodner, Michael T. Cox, Pedro A. Gonzalez-Calero Case-based reasoning-inspired approaches to education // The Knowledge Engineering Review. – Cambridge University Press, 2005. – P. 1-4.
6. Scheer A., Noweski Ch., Meinel Ch. Transforming Constructivist Learning into Action: Design and Technology // Education: an International Journal. – 2012. – No. 17 (3). – P.8-19.
7. Valerie J. Shute, Rim Razzouk. What Is Design Thinking and Why Is It Important? // Review of Educational Research, 2012. – No. 82 (3). – R. 330-348.
EDAGOGY AND LAW
KRAVCHENKO Oleg Georgievich
senior lecturer of Special disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, Simferopol, lieutenant colonel of police
KOVALEV Timur Vitaljevich
lecturer of Fire training sub-faculty of the Siberian Law Institute of the MIA of Russia, Krasnoyarsk, senior lieutenant of police
GUSAK Vladimir Vladimirovich
lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia, lieutenant colonel 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
THE USE OF INNOVATIVE TECHNOLOGIES IN CONDUCTING FIRE TRAINING CLASSES AT UNIVERSITIESOF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
This article examines the use of modern technologies in the process of teaching fire training to cadets and university students of the Ministry of Internal Affairs of Russia. The authors emphasize the importance of using virtual shooting simulators to teach cadets and students the basics of shooting and tactics of using weapons in situations of official necessity. The main focus is on creating maximally realistic scenarios that allow cadets to immerse themselves in conditions similar to real service situations. The principle of operation of shooting simulators and their role in the formation of skills and moral and psychological stability of future law enforcement officers is also considered.
Keywords: fire training, shooting simulator, skill development, weapons, use of weapons, training of cadets.
Bibliographic list of articles
1. Vasilyeva T. B. The use of electronic shooting simulators in the methodology of teaching fire training in educational organizations of the Ministry of Internal Affairs of Russia // Scientific component. – 2019. – No. 3 (3). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ispolzovanie-elektronnyh-strelkovyh-trenazherov-v-metodike-prepodavaniya-ognevoy-podgotovki-v-obrazovatelnyh-organizatsiyah-mvd (date of access: 05/01/2024).
2. Domracheva E. Yu., Ilyakhina O. Yu., Karaulova E. A. Application of modern technical means in conducting fire training classes for cadets and students of educational organizations of the Ministry of Internal Affairs // Epoch of Science. – 2020. – No. 22. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/primenenie-sovremennyh-tehnicheskih-sredstv-pri-provedenii-zanyatiy-po-ognevoy-podgotovki-kursantov-i-slushateley-obrazovatelnyh (access date: 05/01/2024 ).
3. Zakharova I. N. Organization of classes and the use of modern technologies during fire training classes / I. N. Zakharova, V. S. Matievsky. — Text: immediate // Young scientist. – 2023. – No. 17 (464). — P. 101-102. [Electronic resource]. – Access mode: https://moluch.ru/archive/464/102086/ (date of access: 05/01/2024).
4. Karavaeva E. M. Features of teaching the discipline “fire training” // Bulletin of the Chelyabinsk State University. Education and healthcare. – 2022. – No. 4 (20). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/osobennosti-prepodavaniya-distsipliny-ognevaya-podgotovka (date of access: 05/01/2024).
5. Pakhomov R.V. Issues of fire training of cadets of educational organizations of the Ministry of Internal Affairs of Russia within the framework of their education and professional training // Bulletin of Economic Security. – 2021. – No. 5. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/voprosy-ognevoy-podgotovki-kursantov-obrazovatelnyh-organizatsiy-mvd-rossii-v-ramkah-ih-obucheniya-i-professionalnoy-podgotovki (access date: 01.05 .2024).
6. Prekina T. A., Gvozdev A. K., Mudrik I. A. Mastering fire training by cadets of the Ministry of Internal Affairs in the modern world using innovative technologies // Epoch of Science. – 2020. – No. 23. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/osvoenie-ognevoy-podgotovki-kursantami-mvd-v-sovremennom-mire-s-primeneniem-innovatsionnyh-tehnologiy (date of access: 05/01/2024).
EDAGOGY AND LAW
KUZNETSOV Alexander Vladimirovich
lecturer of Special disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, major of police
IDRISOV Idris Kerimovich
senior lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia, captain 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
LESHCHEV Alexander Igorevich
lecturer of Tactical and special training sub-faculty of the Voronezh Institute of the MIA of Russia, senior lieutenant of police
PEDAGOGICAL FOUNDATIONS OF THE USE OF INNOVATIVE TECHNOLOGIES IN THE EDUCATIONAL PROCESS OF THE UNIVERSITY OF THE MINISTRY OF INTERNAL AFFAIRS
In this article, the authors explore the issue of the use of innovative technologies in education. The authors consider various types of innovative technologies used in the educational process and present specific examples of their application in the higher education system.
The article analyzes in detail the pros and cons of using innovative technologies, highlights current trends in education and provides recommendations for the successful integration of new technologies into the educational process of the university. The necessity of maintaining a balance between traditional and innovative teaching methods in order to achieve the most effective results are considered.
In conclusion, the authors conclude that the effective use of innovative technologies in education requires an integrated approach, adaptation to the specific needs of students and continuous development.
Keywords: innovative technologies, educational technologies, educational process, interactive teaching methods.
Bibliographic list of articles
1. Al Bairmani Ali Ganim Innovative technologies in education // Globe: psychology and pedagogy. – 2020. – No. 2 (37). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/innovatsionnye-tehnologii-v-obrazovanii-4 (date of access: 04/11/2024).
2. Amonov Kh. N. Introduction to innovative technologies // Problems of Science. – 2020. – No. 11 (156). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/vvedenie-v-innovatsionnye-tehnologii (date of access: 04/11/2024).
3. Artamonova E. S., Nefedova V. N. Innovative technologies in education // Innovative science. – 2023. – No. 11-2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/innovatsionnye-tehnologii-v-obrazovanii-11 (date of access: 04/11/2024).
4. Stukalenko N. M., Lepeshev D. V., Prosandeeva I. A. Innovative technologies in higher professional education // NIR/S&R. – 2022. – No. 4 (12). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/innovatsionnye-tehnologii-v-vysshem-professionalnom-obrazovanii (date of access: 04/11/2024).
5. 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 // Bulletin of 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: 04/11/2024).
EDAGOGY AND LAW
MADZHUGA Anatoliy Gennadjevich
Ph.D. in pedagogical sciences, professor, Head of Pedagogy, psychology and health care sub-faculty of the Institute of Education Development of the Republic of Bashkortostan, Ufa
AZHIEV Akhmed Vakhaevich
Ph.D. in pedagogical sciences, professor, Vice-rector for Social, Educational Work and Public Relations of the Chechen State Pedagogical University, Grozny
THE METHODOLOGY OF THE VALUE-COMPETENCE APPROACH IN THE CONTEXT OF MILITARY-PATRIOTIC EDUCATION OF STUDENTS
The article presents the theoretical and methodological foundations of a new approach – value-competence approach and shows its role in the system of military-patriotic education of students. The authors define the essential characteristics of the value-competence approach and propose a descriptive matrix that acts as a framework for military-patriotic education of students. Special attention is paid to the consideration of the functional principles of the value-competence approach, on which the system of military-patriotic education of students is based. An important result of the research is the definition of the functions of the value-competence approach as a methodological regulatory, which are designed to: axiologize education, bring to the level of understanding the hierarchy of motives, needs; determine ethical and moral values as a conscious necessity; help bridge the gap between emotional and descriptive factors; implement the idea of social activity of a person and ethical values in the context of her life; to spread the ideas of humanism.
Keywords: value-competence approach, values, competencies, descriptive matrix, principles of value-competence approach, patriotism, military-patriotic education.
Bibliographic list of articles
1. Galina A.P. Modernization of the values of modern Russian society: ideological aspect. – Omsk, 2010. – 326 pp.
2. Vyrshchikov A. N., Kusmartsev B. M. Patriotic education of youth in modern Russian society. – Volgograd, 2006. – [Electronic resource]. – Access mode: http://www.vounb.volgograd.ru/CLNVR/library/Kusmarzev/Patrioticheskoe_vospitanie_covremennoi_molodegi.pdf (date of access: 04/03/2024).
3. Evtikhov O. V. Relevance and contradictions of introducing the value-competence approach into the system of higher education // Bulletin of the Siberian Law Institute of the Ministry of Internal Affairs of Russia. – No. 3(24). – 2016. – pp. 34-39.
4. 2020 indicators for education within the framework of the “Europe 2020” strategy Data from March 2016. Planned article update: May 2017. – [Electronic resource]. – Access mode: https:// https://www.spbstu.ru/upload/inter/indicators-education-2020-Europe-strategy.pdf [Electronic resource] (date of access: 04.14.2024).
5. Lugovinov V.I. System of patriotic education: state, problemsand directions of development. – [Electronic resource]. – Access mode: http://fpvestnik.ru/patriotizm-segodnya/sistema-patrioticheskogo-vospitaniyasostoyanie-problemy-i-napravleniya-razvitiya/ (date of access: 04/03/2024).
6. Pryamikova E. V. Competence-based approach in the modern educational space. Functional and structural content. Abstract of the dissertation for the degree of Doctor of Sociological Sciences. – Ekaterinburg, 2012. – 35 p.
7. Strategy for the development of education in the Russian Federation for the period until 2025: approved. by order of the Government of the Russian Federation of May 29, 2015 No. 996-r. – [Electronic resource]. – Access mode: http://static.government.pdf (date of access: 04/03/2024).
8. Magun V., Rudnev M., Schmidt P. A Typology of European Values and Russians’ Basic Human Values // Sociological Reserach. – 2017. – Vol. 56. Issue 2. – Pr. 149-180. Published online: 11 Oct 2017.
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”
MORAL AND PATRIOTIC EDUCATION OF JUVENILE CONVICTS SERVING SENTENCES IN EDUCATIONAL COLONIES
Within the framework of this article, the analysis of the features of the moral and patriotic education of juvenile convicts serving sentences in educational colonies is carried out. Concepts such as patriotism and patriotic education are revealed. The author also describes the tasks of moral and patriotic education. The article provides a critical assessment of current research on this topic. Special attention is paid to the need to ensure the high quality of research conducted in the subject area under consideration.
Keywords: minor, morality, patriotism, crime, values, educational colonies.
Bibliographic list of articles
1. Dodueva O. F. Moral and patriotic education of juvenile convicts serving sentences in educational colonies // Perspectives of science. – 2020. – No. 11 (134). – pp. 25-27.
2. Yolkin S. M., Kosova A. A. On the content of the concepts of “patriotism” and “patriotic education” // Bulletin of the Novgorod State University. Yaroslav the Wise. – 2017. – No. 1 (99). – pp. 14-16.
3. Zautorova E. V. The role of patriotic education of convicts in places of deprivation of liberty // Theoretical and practical problems of the development of the penal system in the Russian Federation and abroad. – 2018. – P. 325-335.
4. Tarasova O. A. Aspects of moral and patriotic education of adolescents // Moral values and the future of humanity. – 2021. – pp. 66-68.
EDAGOGY AND LAW
POPOVA Natalya Vladimirovna
Ph.D. in pedagogical sciences, associate professor of Theoretical foundations of physical education sub-faculty of the Altai State Pedagogical University, Barnaul
ZHELONKIN Vadim Viktorovich
postgraduate student of the Altai State Pedagogical University, lecturer of Physical training sub-faculty of the Barnaul Law Institute of the MIA of Russia
TATARNIKOV Semyon Alexeevich
senior lecturer of Physical training sub-faculty of the Far Eastern Law Institute of the MIA of Russia, Vladivostok
PROBLEMS OF STUDYING LEGAL DISCIPLINES IN PEDAGOGICAL UNIVERSITY
The article reveals the theoretical and practical aspects of the problem of studying legal disciplines in a pedagogical university. The specificity of studying legal disciplines is, first of all, determined by the fact that they begin to be taught from the first year, with the gradual formation and development of students’ legal knowledge, skills and abilities of independent application of legal norms to solve problem situations and the foundations of the legal culture of legal ethics. Therefore, 1st year of study can be called a leveling course. In this regard, in their experimental research, the authors developed special techniques and methods of working with students that make it possible to eliminate gaps in legal knowledge and, if possible, overcome difficulties in obtaining it. The authors conclude that in the process of integrating subject areas and using the Consultant Plus legal reference system, a fundamentally new approach to the study of legal knowledge is being created. In their study, the authors propose to use this course in the educational process as a basic element, and recommend the concept contained in it for replication as an innovative approach in the educational cycle, enhancing the professional readiness of graduates.
Keywords: legal disciplines, legal regulation, motivation process, pedagogical methods and techniques, non-standard tasks, informatization process.
Bibliographic list of articles
1. Bayankina D. E. Organizational features of students’ independent work in the process of stimulating cognitive activity // World of science, culture, education. – 2016. – No. 6 (61). – pp. 126-129.
2. Zhelonkin V.V., Zavgorodniy A.G. Programmed educational materials as didactic means of active cognitive activity of students // Eurasian Legal Journal. – 2021. – No. 4 (155). – pp. 423-425.
3. Zhelonkin V.V., Zavgorodniy A.G. Practical experience in the use of innovative pedagogical technologies in the educational process of the Barnaul Law Institute // Eurasian Legal Journal. – 2022. – No. 3 (166). – pp. 457-459.
4. Ivanov P. A. Formation of the readiness of future specialists to conduct classes during extracurricular time // Problems of modern pedagogical education. – 2023. – No. 80-3. – pp. 230-233.
5. Menner M. O., Knyazev S. A. State and prospects for the development of the system of professional training of future specialists // In the collection: SNK-2023. materials of the LXXIII open international student scientific conference of the Moscow Polytechnic University. – Moscow, 2023. – pp. 387-389.
6. Popova N.V. Pedagogical system for stimulating students’ cognitive activity in learning // Bulletin of the Barnaul Law Institute of the Ministry of Internal Affairs of Russia. – 2005. – No. 9. – P. 142-144.
7. Popova N.V., Bayankin O.V. The use of innovative technical means of teaching students of the Institute of Physical Culture and Sports // Bulletin of the Saratov Regional Institute for Educational Development. – 2019. – No. 2 (18). – pp. 81-86.
EDAGOGY AND LAW
SERKEROV Samur Elmirovich
Ph.D. in Law, associate professor, Head of Legal disciplines and teaching methods sub-faculty of the R. Gamzatov Dagestan Pedagogical University
MARIANOV Alikhan Abdulaevich
Ph.D. in Law, associate professor of the R. Gamzatov Dagestan Pedagogical University, Branch in Izberbash of the Dagestan State University
KUHMAZOV Namik Kuhmazovich
postgraduate student of the 1st year of study of Legal disciplines and teaching methods sub-faculty of the R. Gamzatov Dagestan Pedagogical University
SOME PROBLEMS OF COMBATING CORRUPTION IN THE EDUCATIONAL ENVIRONMENT
This article analyzes the causes and assesses the current level of corruption, as well as its negative consequences for the economic development of Russia. It examines the scope of domestic corruption related to teachers receiving additional remuneration from the public, in addition to their official salaries. The authors describe the main reasons that contributed to the spread of corruption in the system of social relations.
Keywords: bribery, abuse of office, blackmail, allocation of resources, distortion of exam results, unreliability of information, corrupt relationships.
Bibliographic list of articles
1. Damm I. A. Anti-corruption standards of behavior for employees of educational organizations of higher education // Lex Russica. – 2018. – No. 8 (141). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/antikorruptsionnye-standarty-povedeniya-rabotnikov-obrazovatelnyh-organizatsiy-vysshego-obrazovaniya (date of access: 04/02/2024).
2. Maksimenko A. A., Deineka O. S., Krylova D. V., Dukhanina L. N. Attitude of Russians to corruption // Bulletin of St. Petersburg University. Sociology. – 2020. – No. 4. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/otnoshenie-rossiyan-k-korruptsii (date of access: 04/02/2024).
3. Malysheva Yu. Yu. The concept of corruption crime according to the criminal legislation of modern Russia // National interests: priorities and security. – 2012. – No. 36. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ponyatie-korruptsionnogo-prestupleniya-po-ugolovnomu-zakonodatelstvu-sovremennoy-rossii (date of access: 04/02/2024).
4. Shulga V.I. Criminal liability for corruption in a university // Territory of new opportunities. – 2015. – No. 4 (31). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ugolovnaya-otvetstvennost-za-korruptsiyu-v-vuze (date of access: 04/02/2024).
EDAGOGY AND LAW
SUBBOTIN Vladimir Yakovlevich
Ph.D. in pedagogical sciences, professor of Physical culture and sports sub-faculty of the Tyumen Industrial University
THE LEGAL FOUNDATIONS OF A HEALTHY LIFESTYLE FOR STUDENTS
The article presents an analysis of legal documents regulating the development of a healthy lifestyle in our country. Based on a secondary analysis of the results of sociological research conducted in various Russian regional universities, the attitude of student youth towards a healthy lifestyle was revealed. In general, students have the right attitude towards a healthy lifestyle; they have an idea of the components of a healthy lifestyle. The conclusion is formulated about the need for joint efforts of the family, educational institutions at all levels and society to promote and spread a healthy lifestyle among adolescents and young people.
Keywords: health, healthy lifestyle, physical culture, sports, state policy in the field of healthy lifestyle, student youth.
Bibliographic list of articles
1. Gareeva I. A., Konobeyskaya A. V. Healthy lifestyle of student youth as a social value and real practice (based on sociological research) // Power and management in the East of Russia. – 2020. – No. 4 (93). – pp. 178-190.
2. Lyzhenkova R. S. Healthy lifestyle and its attitude among students at the present stage of life // Scientific electronic journal Meridian. – 2019. – No. 13 (31). – pp. 243-245.
3. Order of the Ministry of Health of the Russian Federation dated January 15, 2020 No. 8 “On approval of the Strategy for the formation of a healthy lifestyle of the population, prevention and control of non-communicable diseases for the period until 2025.” [Electronic resource]. – Access mode: https://www.garant.ru/products/ipo/prime/doc/73421912/ (date of access: 03/23/2024).
4. Popov V. G., Khairullina N. G., Sadykova Kh. N. Trends in the use of gluten-free flours in the production of functional products // Bulletin of the Voronezh State University of Engineering Technologies. – 2021. – T. 83. No. 1 (87). – pp. 121-128.
5. Prishchepa A. A., Khabibullin A. B. Healthy lifestyle and its components: the key to quality life // Trends in the development of science and education. – 2023. – No. 104-12. – pp. 92-94.
6. Putin: “Formation of a healthy lifestyle of the younger generation should become one of the priorities of authorities at all levels.” [Electronic resource]. – Access mode: https://ktovmedicine.ru/news/2009/1/vladimir-putin-formirovanie-zdorovogo-obraza-zhizni-molodogo-pokoleniya-dolzhno-stat-odnim-iz-prioritetov-vlastey-vseh-urovney. html (date of access: 03/21/2024).
7. Concept for the development of university sports in the Russian Federation for the period until 2025: order of the Ministry of Sports of Russia No. 1007. dated November 21, 2017
8. Sadykova Kh. N. Food biotechnologies as a factor of national security // Eurasian Legal Journal. – 2021. – No. 1 (152). – pp. 457-458.
9. Saurbaeva A.I. Healthy lifestyle in the everyday life of students // Bulletin of Science. – 2023. – T. 3. No. 2 (59). – pp. 140-142.
10. Sipatorova A. M., Melikhov Ya. P., Lyashenko A. A. Healthy lifestyle in the life of students of the Orenburg State Medical University // Science and education today. – 2017. – No. 10 (21). – pp. 93-94.
11. Khairullina N. G., Moskatova A. K., Nedosekina A. G., Obidina Yu. S., Stepanov A. V., Sterledeva T. D., Shitova N. B. Social and humanitarian problems of our time: personality and society / Book 2: monograph. – Saint-Louis, MO, USA, 2013. – 200 pp.
12. Subbotin V. Ya. Analysis of the attitude of technical university students to active physical education / In the collection “GTO: practice of implementation. Materials of the All-Russian Student Conference within the framework of the implementation of the program for developing the activities of student associations and the All-Russian youth project “GTO Students”. – Tyumen, 2015. – pp. 116-120.
13. Subbotin V. Ya. On the issue of studying the attitude of students to regular physical education and sports / In the collection: Strategy for the development of mass sports work with students. Materials of the All-Russian Scientific and Methodological Conference. – Tyumen, 2015. – pp. 130-133.
14. Subbotin V. Ya. Life as sport and life in sport: monograph. – Tyumen: TIU, 2024. – 196 pp.
15. Khairullina N. G., Baranova K. L. Retirement age of Russians: assessments and opinions. – Tyumen: TyumGNGU, 2012. – 100 p.
EDAGOGY AND LAW
FROLOVA Elena Vyacheslavovna
senior lecturer of the Higher School of Law of the Yugra State University, Khanty-Mansiysk
THE CIVIC IDENTITY OF STUDENTS IN THE CONDITIONS OF TURBULENT SOCIO-POLITICAL PROCESSES: THE CONCEPT AND WAYS OF ITS FORMATION IN HIGHER EDUCATION
The article is devoted to the study of the concept of civic identity, as well as the analysis of the process of its formation in modern higher education. The four-component structure of the formation of the civic identity of students is presented, which includes: cognitive (knowledge), value-oriented, emotional-evaluative, behavioral components. The content of the process of forming the civic identity of university students is revealed, in which all types and directions of the educational process existing at the university are structured: spiritual and moral, historical, political and legal, patriotic, labor (professionally oriented) .
Keywords: identity, civic identity, structure of civic identity, student youth, educational process, higher school.
Bibliographic list of articles
1. Erickson E. H. Identity: youth and crisis / Transl. from English – M.: Progress, 1996. – 340 pp.
2. Asmolov A.G. Strategy for sociocultural modernization of education: on the way to overcoming the identity crisis and building a civil society // Issues. education. – 2008. – No. 1. – P. 65-86.
3. Efimenko V. N. Structural components and content of the concept of “civil identity” // Theory and practice of social development. – 2013. – No. 11. – P. 250-254.
4. Kravchenko N. Yu. Crisis of the concept of civil identity: taxiological dimension // News of Saratov University. Series Sociology. Political science. – 2015. – No. 3 (15). – pp. 14-18.
5. Krechetova V. A. Construction of a theoretical model of a student’s civil identity // Almanac of modern science and education. – 2013. – No. 9 (76). – pp. 91-97.
6. Semenova Yu. A. Formation of civil identity in the conditions of modern Russian society // Bulletin of the Chelyabinsk State University. – 2010. – No. 1 (182). – pp. 104-108.
7. Lebedeva N.V., Gasanova Z.B. Formation of civil identity of students in the conditions of an economic university // News of the Baltic State Academy of Fishing Fleet. – 2023. – No. 3 (65). – pp. 32-38
8. Mineev-Li V. E., Shapovalova Yu. Formation of civil identity of students of a pedagogical college // Bulletin of the North Caucasus Federal University. – 2022. – No. 6 (93). – pp. 113-119.
9. Sergeeva V.P., Milkevich O.A. Education of youth in civil identity, spirituality and patriotism in the educational process // Secondary vocational education. – 2020. – No. 11 (303). – pp. 63-66.
EDAGOGY AND LAW
EGOROVA Olga Igorevna
magister student of Logic, philosophy and methodology of sciences (pedagogical education in the field of social sciences and humanities) sub-faculty of the I. S. Turgenev Oryol State University
FOMINA Darya Sergeevna
magister student of Logic, philosophy and methodology of sciences (pedagogical education in the field of social sciences and humanities) sub-faculty of the I. S. Turgenev Oryol State University
GLADILOVA Elena Alexeevna
magister student of Logic, philosophy and methodology of sciences (pedagogical education in the field of social sciences and humanities) sub-faculty of the I. S. Turgenev Oryol State University
TEACHING THE BASICS OF SECULAR ETHICS IN THE MODERN EDUCATIONAL PROCESS
Considering the problem of axiological development of personality by mastering the module “Fundamentals of secular ethics”, the main teaching methods existing in the modern educational process are highlighted, the significant role of studying this discipline is determined not only at school, but also in other educational institutions in order to fully develop personality, its moral component and successful functioning in society. The improvement of the qualitative and semantic content of a young person depends on the ongoing state youth policy. Developing it, there is a need for detailed elaboration of each point of the concept. It is also important for the state to support projects aimed at religious and cultural tolerance. Teaching secular ethics as the first step provides the basic basis for self-determination of a person and the formation of his subjective position, which helps him to successfully adapt to society.
Keywords: personality, secular ethics, moral education, society.
Bibliographic list of articles
1. Verkhovy I.V., Zabrodina I.V., Kozlova N.A. Teaching the course “Fundamentals of world religious cultures and secular ethics” // Bulletin of SUSUGPU. 2016. No. 7. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/prepodavanie-kursa-osnovy-mirovyh-religioznyh-kultur-i-svetskoy-etiki (date of access: 04/11/2024).
2. Gorelov A. A. History of world religions: textbook. allowance / Ros. acad. Education, Moscow. psychol.-social int. – 2nd ed., rev. M.: Flinta, 2021. 355 pp.
3. Kharlamov A.V. Religious tolerance in modern Russia // Bulletin of the Kemerovo State University of Culture and Arts. 2008. No. 5. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/religioznaya-tolerantnost-v-sovremennoy-rossii (date of access: 04/10/2024).
4. Shcheglova L. V. Problems of teaching the discipline “Fundamentals of Secular Ethics” to future teachers // Education and Science. 2013. No. 3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/problemy-prepodavaniya-distsipliny-osnovy-svetskoy-etiki-buduschim-uchitelyam (date of access: 04/12/2024).
SPORTS LAW
MAKHONIN Danila Dmitrievich
student of the 3rd course of the bachelor’s degree in the field of study 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University, Vladivostok
SCOBILEVA Irina Vyacheslavovna
student of the 3rd course of the bachelor’s degree in the field of study 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University, Vladivostok
PECULIARITIES OF THE LEGAL STATUS OF UNDERAGE PROFESSIONAL ATHLETES
The article is devoted to the problem of ineffective regulation of labor of underage athletes. The article presents approaches to the legal regulation of labor of professional athletes who have not reached the age of eighteen years, the provisions of the Labor Code of the Russian Federation, the Federal Law “On Physical Culture and Sports in the Russian Federation” from 04.12 .2007 No. 329-FZ. The main gaps and conflicts in the regulation of sports activities of minors are revealed, foreign experience is given, and the principles of ensuring the rights of minors, on which the legislation in the field of sports should be based, are proposed.
Keywords: underage professional athletes, labor activity, sports activity, legal regulation of labor of underage athletes.
Bibliographic list of articles
1. “Labor Code of the Russian Federation” dated December 30, 2001 No. 197-FZ (as amended on August 4, 2023, as amended on October 24, 2023).
2. Federal Law “On Physical Culture and Sports in the Russian Federation” dated December 4, 2007 No. 329-FZ.
3. “Convention on the Rights of the Child” (approved by the UN General Assembly on November 20, 1989) (came into force for the USSR on September 15, 1990).
4. Molodtsov M.V., Golovina S.Yu. Labor law of Russia: Textbook for universities. M.: Norma, 2003. P. 507.
5. Buyanova M. O., Kazakov S. O., Panarina M. M. Labor law. General part: textbook for universities / Edited by M. O. Buyanova. — 2nd ed., revised. and additional Moscow: Yurayt Publishing House, 2023. P. 193.
6. Ponkin I.V., Shevchenko O.A., Rogachev D.I., Redkina A.I. Features of legal protection of minor athletes during the organization and conduct of sports competitions // Law and State: Theory and Practice. 2017. No. 7 (151). pp. 67-70.
7. Buyanova A.V. Content of the labor legal status of minor athletes // Socio-political sciences. 2015. No. 4. P. 104-108.
8. Vaskevich V. P. On the issue of legal regulation of the professional activities of an athlete // Legal science. 2020. No. 11. P. 29-33.
9. Urzhinsky K.P. Guarantees of the right to work. M.: Legal. lit., 1984. P. 199.
10. Kovtun N. A., Dumenko T. P. Problematic issues of the legal status of minor athletes // Matters of Russian and International Law. 2023. Vol. 13.Is. 6A.
11. International Athlete Rights Association. [Electronic resource]. – Access mode: https://iara.team (date of access: 04/11/2024).
12. World Anti-Doping Code of 2015 (WADA Code). World anti-doping agency. [Electronic resource]. – Access mode: https://www.wada-ama.org/sites/default/files/resources/files/wada-2015-code-ru.pdf (access date: 04/11/2024).
13. Sports.ru: Kamila Valieva goes to court as a “protected person.” How will this status help her? from 09/25/2023. [Electronic resource]. – Access mode: https://www.sports.ru/tribuna/blogs/dalniyles/3191432.html (date of access: 04/11/2024).
SOCIOLOGY AND LAW
ANISIMOVA Valentina Antonovna
Ph.D. in pedagogical sciences, associate professor of Engineering business and management sub-faculty of the Ryazan Institute (branch) of the Moscow Polytechnic University
FROLOVA Svetlana Vladimirovna
Ph.D. in economical sciences, associate professor of Engineering business and management sub-faculty of the Ryazan Institute (branch) of the Moscow Polytechnic University
AGUZAROV Alexey Vadimovich
Deputy Director of the Branch for Youth Policy and Development
PROBLEMS OF CAREER GUIDANCE WORK WITH SCHOOLCHILDREN AND YOUTH AND EXTRACURRICULAR ACTIVITIES AS AN EFFECTIVE FACTOR IN ITS FORMATION (ON THE EXAMPLE OF THE RYAZAN INSTITUTE (BRANCH) OF THE MOSCOW POLYTECHNIC UNIVERSITY
The relevance of the article is due to the need to form and conduct career guidance work by higher educational institutions with schoolchildren and youth, which in turn is determined by numerous regulations. The formation of career guidance work, according to the authors, is fully actualized through a combination of both educational and extracurricular activities. One of the effective forms of career guidance work at the institute, according to the authors, is the implementation of the project “One step closer to Polytechnic”, where much attention is paid to the interaction of social groups in the culture-forming environment of the university.
Keywords: formation of career guidance work, educational and extracurricular types and forms of work, cultural environment, society, social groups, legal socialization, schoolchildren, career guidance project “One step closer to the Polytechnic” “.
Bibliographic list of articles
1. Anisimova V. A., Anisimova A. M., Frolova S. V. On some aspects of the work of student self-government at a university // Eurasian Legal Journal. – 2023. – No. 1 (176). – P. 370-373.
2. Vozdvizhensky T. Ryazan Encyclopedia. – Ryazan, 1992.
3. Dobrolyubov V., Yakhontov S. Bibliographic dictionary of writers, scientists and artists, immigrants from the Ryazan province. – Ryazan, 1995.
4. Krasnogorskaya I., Chugunov S. House on Bolshaya Street. – M., 1985.
5. Klimov E. A. Psychology of professional self-determination. – M.: “Academy”, 2004. – 304 pp
6. Kolontaevskaya I. Career guidance work with schoolchildren for admission to engineering and technical areas of training in vocational education // Scientific and methodological electronic journal “Concept”. – 2014. – No. 11 (November). – pp. 111-115.
7. Sokolov D. A flight that went down in history // Ryazan Gazette. – 2018.
8. Miloslavsky V. G., Alieva N. Kh., Solovyov S. M. [etc.]. Theory and practice of career guidance in Russia: problems and prospects. – Text: immediate // Young scientist. – 2016. – No. 7 (111). – pp. 905-911.
SOCIOLOGY AND LAW
SAVITSKAYA Yuliya Petrovna
senior lecturer of Marketing and municipal management sub-faculty of the Tyumen Industrial University
SOCIO-LEGAL VIEWS OF YOUTH ABOUT THE VALUE OF THEIR OWN HEALTH
The article analyzes the results of questionnaire surveys conducted in various years among students of Tyumen universities. Research has revealed the socio-legal ideas of young people about the value of their own health. Every student has the right to choose either a healthy lifestyle or bad habits. Supporters of the first option, as studies have shown, are becoming more numerous every year.
Keywords: student youth, health as a value, healthy lifestyle, physical education, sports, bad habits.
Bibliographic list of articles
1. Order of the Ministry of Health of the Russian Federation dated January 15, 2020 No. 8 “On approval of the Strategy for the formation of a healthy lifestyle of the population, prevention and control of non-communicable diseases for the period until 2025.” [Electronic resource]. – Access mode: https://www.garant.ru/products/ipo/prime/doc/73421912/ (date of access: 03/23/2024).
2. Savitskaya Yu. P., Osipova L. B., Rebysheva L. V. Problems of forming value orientations among students // Bulletin of the Chelyabinsk State University. 2015. – No. 26 (381). – pp. 141-144
3. Khairullina N. G., Moskatova A. K., Nedosekina A. G., Obidina Yu. S., Stepanov A. V., Sterledeva T. D., Shitova N. B. Social and humanitarian problems of our time: personality and society / Book 2: monograph. – Saint-Louis: MO, USA, 2013. – 200 pp.
4. Subbotin V. Ya. Analysis of the attitude of technical university students to active physical education / In the collection “GTO: practice of implementation. Materials of the All-Russian Student Conference within the framework of the implementation of the program for developing the activities of student associations and the All-Russian youth project “GTO Students”. – Tyumen, 2015. – pp. 116-120.
5. Subbotin V. Ya. On the issue of studying the attitude of students to regular physical education and sports / In the collection: Strategy for the development of mass sports work with students. Materials of the All-Russian Scientific and Methodological Conference. – Tyumen, 2015. – pp. 130-133.
6. Subbotin V. Ya. Life as sport and life in sport: monograph. – Tyumen: TIU, 2024. – 196 p.
7. Khairullina N. G., Sadykova Kh. N. Food biotechnologies as a factor of national security // Eurasian Legal Journal. – 2021. – No. 1 (152). – pp. 457-458.
SOCIOLOGY AND LAW
SHATSKAYA Ekaterina Alexandrovna
Ph.D. in sociological sciences, associate professor of Philosophy and socio-humanitarian disciplines sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk
WESTERN AND EASTERN PHILOSOPHICAL THOUGHT IN MODERN RUSSIA
In modern conditions, the problem of the correlation of Western and Eastern traditional cultures, and in particular, the difficulties in intercultural communication, is being actualized. This issue arose a long time ago, but in the current conditions it is of particular importance. The author of the article focuses on very simple and understandable criteria that have become firmly embedded in our lives. These include human interaction with the world, priority ways of activity, forms of thinking, self-knowledge, and value orientations. It is emphasized that the conventions, principles, habits, etc. that have entered our lives require careful attention to them in order to preserve their unique and distinctive culture.
Keywords: East, West, culture, orientation, identity, comparison, traditions, philosophical thought, civilization, man.
Bibliographic list of articles
1. Bondarenko G.V. The problem of interaction of Eastern philosophy with Western and Russian philosophical traditions in the study of the nature of the world and man // Humanitarian, socio-economic and social sciences. – 2015. – No. 6-1. – pp. 44-46.
2. Borzova E. P. East and West: comparative analysis of cultures // Proceedings of the St. Petersburg State Institute of Culture. – 2010. – No. 190. – P. 282-311.
3. Vozheva L. B. Cultural traditions of the East and West (comparative analysis) // Culture of modern Russian society: state, problems, prospects: proceedings of the International Scientific and Practical Conference (Ekaterinburg, April 10-12, 2003). – Ekaterinburg: USTU – UPI, 2003. – pp. 16-19.
4. Gutareva N. Yu., Vinogradov N. V. Comparative analysis of the cultures of East and West // Young scientist. – 2015. – No. 10 (90). – pp. 1468-1470.
LANGUAGE AND LAW
LATYPOVA Elvira Rashitovna
Ph.D. in pedagogical sciences, associate professor of the Institute of Chemical Technology and Engineering Sterlitamak of the Ufa State Petroleum Technical University
VOROBJEVA Ekaterina Alexandrovna
magister student of the Institute of Chemical Technology and Engineering Sterlitamak of the Ufa State Petroleum Technical University
STEKLYANNIKOVA Regina Aidarovna
magister student of the Institute of Chemical Technology and Engineering Sterlitamak of the Ufa State Petroleum Technical University
DEVELOPMENT AND APPLICATION OF INTERCULTURAL COMMUNICATION IN PROFESSIONAL SPHERE
In the modern world, interest in intercultural communication has increased significantly due to the development of international business relations, the emergence of new technologies and close cooperation between countries in various fields. The article presents the prerequisites for the emergence of the discipline “intercultural communication” and considers the need to develop communication skills for personal and professional growth. The authors of the article emphasize that good communication skills contribute to successful teamwork, improve the decision-making process and enhance professional reputation. Special attention is paid to flexibility and adaptability, respect and tolerance, learning and exchange of experience, self-awareness and understanding of one’s cultural identity in intercultural communication. Much attention is also paid to the concept of culture, its position in the humanities, and its relationship with man. Successful intercultural communication is possible under the condition of a tolerant attitude towards representatives of other cultures. In particular, the importance of managing intercultural relations for successful professional activity is highlighted, noting that the ability to effectively communicate and cooperate with colleagues from different cultures can become a key competitive advantage in the modern global labor market. As a result, developing intercultural communication skills will help improve work efficiency, improve relationships with colleagues and clients, and promote a better understanding and respect for cultural diversity.
Keywords: communication, interaction, learning, communication skills, professional growth, effective communication, empathy, culture.
Bibliographic list of articles
1. Voloshina I. A., Novikov P. N. The concept of skill as part of educational and professional labor terminology // Social and labor research. – 2020. – No. 3 (40).
2. Grushevitskaya T. G., Popkov V. D., Sadokhin A. P. Fundamentals of intercultural communication: Textbook for universities // Ed. A. P. Sadokhina. – M.: UNITY-DANA, 2003.
3. Dorofeeva M. Yu., Latypova E. R. Relevance of intercultural communications for modern society: collection of conference proceedings // Society, pedagogy, psychology: current research: materials of the All-Russian. scientific-practical conf. with international participation (Cheboksary, 2021). – Cheboksary: “Laru-tăru” (“Wednesday”) publishing house çurchě, 2021.
4. Latypova E. R., Makarov P. A., Khabibullina A. N. The importance of studying intercultural communication in the modern world // Questions of pedagogy. – 2019. – No. 3.
5. Latypova E. R. [et al.] Intercultural communication between representatives of different cultural groups in the spheres of the Internet // Science and school. – 2020. – No. 3.
6. Latypova E. R., Anikina E. N., Osipova A. S. Intercultural communications in the professional training of specialists // Questions of pedagogy. – 2019. – No. 4-2.
7. Morokhova O. A., Anosov V. A. Communication culture as a factor of success in professional activity // Young scientist. – 2019. – No. 19 (257).
8. Motovilova A. D., Merker A. A., Nizhelskaya Yu. A. Intercultural communications: theory and practice // Bulletin of Science. – 2023. – No. 5 (62).
9. Fominykh M.V., Uskova B.A. Innovative linguodidactics: monograph. – Ekaterinburg: Publishing House of the Russian State Vocational Pedagogical University, 2022.
ECONOMY. RIGHT. SOCIETY
GROGULENKO Nadezhda Vladimirovna
associate professor of the Ufa State Petroleum Technical University
GROGULENKO Anastasiya Igorevna
student of the Ufa State Petroleum Technical University
FAKHRISLAMOVA Nerkes Yulaevna
student of the Ufa State Petroleum Technical University
DAVLETBAEVA Angelina Rinatovna
student of the Ufa State Petroleum Technical University
INCREASING INVESTMENT ATTRACTIVENESS BY MEANS OF PUBLIC RELATIONS
The article discusses the importance of using public relations tools to form the investment attractiveness of the region, the company, with the help of which it is possible to build a well-chosen image, to ensure a positive reputation in order to attract additional financing.
Keywords: investment attractiveness, public relations, image, investments, reputation.
Bibliographic list of articles
1. Shoev A. Kh. Increasing the investment attractiveness of regions and improving the methodology for their assessment // Young scientist. – 2020. – No. 11 (301). – pp. 282-284.
2. Barinov G. O. The influence of the project management system on the investment attractiveness of the region // Economy and Society. – 2017 – No. 1-1 (32). – pp. 168-175.
3. Chikunova P. S. Problems of increasing the investment attractiveness of the Russian economy // Current scientific research in the modern world. – 2021. – No. 11-12 (79). – pp. 212-215.
4. Company investment policy and PR methods. [Electronic resource]. – Access mode: https://pr-news.su/publicat/n5/5_4.htm (date of access: 04/30/2024).
5. Izilyaeva L. O., Mikhailova K. V. Features of the implementation of programs 5-100 and Priority-2030 in the Russian Federation // Eurasian Legal Journal. – 2022. – No. 9. – P. 465-466.
6. Izilyaeva L. O. Fuel and energy markets of the world in the context of the long-term viral pandemic Covid-19 // Economics and management: scientific and practical journal. – 2022. – No. 3. – P. 18-23.
7. Gabdulkhakova R.V., Shagiakhmetova A.R. The influence of the Internet on the nature and effectiveness of public relations // Modern PR: theory, practice, education. Materials of the XI International Scientific and Practical Conference dedicated to the 20th anniversary of professional education in public relations in the Republic of Bashkortostan. – 2017. – pp. 52-53
ECONOMY. RIGHT. SOCIETY
MAVSAROVA Milana Umarovna
student of the Faculty of Taxes, Audit and Business Analysis of the Financial University under the Government of the Russian Federation
ISMAILOV Nurmagomed Omarovich
associate professor of Humanitarian sciences sub-faculty of the Faculty of Social Sciences and Mass Communications of the Financial University under the Government of the Russian Federation
CAPITAL AND WEALTH
The article examines the relationship between the concepts of capital and wealth and provides a philosophical interpretation in the works of domestic and foreign philosophers and economic theorists. The development of these categories in various historical eras is traced. It is shown that capital is a form of development of matter. Marx’s view on the fundamental characteristics of capital is analyzed. Based on the views of scientists and the presence of conflicting definitions, the properties of capital are highlighted. It is substantiated that the concept of capital conservation is consistent with the concept of sustainable development, aimed at reviving the social, natural and spiritual development of society.
Keywords: capital, benefit, wealth, well-being, income, sustainable development.
Bibliographic list of articles
1. An S. A., Makarov I. V. Good in the tradition of domestic and Western philosophy // Context and reflection: philosophy about the world and man. 2022. Volume 11. No. 2A. pp. 74-82. DOI: 10.34670/AR.2022.92.45.003
2. Kamenetsky V. A., Patrikeev V. P. Capital (from simple to complex). M.: ZAO Publishing House “Economy”, 2006. 583 p.
3. Marx K. Capital. M.: Gospolitizdat, 1949.
4. Rath T., Harter D. Five elements of well-being: Tools for improving the quality of life. Moscow: Alpina Publisher, 2010. 148 pp.
5. Sadovskaya A. A. Theories of well-being and their reflection in modern philosophical concepts // Vectors of well-being: economics and society. 2019. No. 2 (33). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/teorii-blagopoluchiya-i-ih-otrazhenie-v-sovremennyh-filosofskih-kontseptsiyah (date of access: 04/16/2024).
6. Smith A. Research on the nature and causes of the wealth of nations. M.: EKSMO, 2007. 960 p. Series: Anthology of economic thought.
7. Philosophical Dictionary / Ed. I. T. Frolova. 5th ed. M.: Politizdat, 1986. 590 pp.
8. Yagi K. Marshall and Marx // Economic Review of Kyoto University. 1992. T. 62. No. 2. pp. 32-42.
9. Ante Prodan, William Hynes, Harris A. Eyre, Alex Schulze, Goran Ujdur B.Com, Marcel Tanner Navigating a stable transition to the Age of Intelligence: A Mental Wealth perspective. [Electronic resource]. – Access mode: https://doi.org/10.1016/j.isci.2024.109645
10. Erik W. Matson A dialectical reading of Adam Smith on wealth and happiness // Journal of Economic Behavior & Organization. Vol. 184, April 2021, pp. 826-836.
11. Kiichiro Yagi Marx’s theory of capital in the history of economics: Marx’s concept of capital, classical school, Austrian School, and growth theory. Evolut Inst Econ Rev 18. 2021. P. 465-489. [Electronic resource]. – Access mode: https://doi.org/10.1007/s40844-020-00196-9.
12. Lohoff E., Trenkle N. Die große Entwertung: warum Spekulation und Staatsverschuldung nicht die Ursache der Krise sind. Unrast-Verlag, 2012.
13. Marshall A. Principles of economics: unabridged eighth edition. Cosimo, Inc., 2009.
14. Scanlon T. What We Owe to Each Other. Harvard, Belknap Press, 1998. 432 p. [Electronic resource]. – Access mode: https://doi.org/10.2307/j.ctv134vmrn
15. Wicksell K. Value, Capital and Rent. Routledge, 2016. 182 p. https://doi.org/10.4324/9781315438498
ECONOMY. RIGHT. SOCIETY
OLSHANSKAYA Mariya Vadimovna
Ph.D. in economical sciences, Deputy Director for Development of the Higher School of Industrial Policy and Entrepreneurship of the Patrice Lumumba Peoples’ Friendship University of Russia
PLACE OF DEVELOPMENT IN THE STATE POLICY OF DEVELOPMENT OF THE CONSTRUCTION INDUSTRY
The construction industry is the driver of economic growth in the country, its development brings multiplier effects. Development as a separate area of activity provides for stimulating the construction industry in such a direction that increases the efficiency of the implementation of construction projects. Thus, the relationship between development and the development of construction in the country is traced. At the same time, since development activities do not have a legislative definition, it is not considered in state programs for the development of construction and does not use support funds. The development of development should be included as a target area for the formation of state instruments to support the development of the construction industry. The purpose of the publication is to substantiate the role of development in the state policy of construction development. The need to include support is justified to include as a target area for the formation of state instruments for the development of the construction industry.
Keywords: urban environment, developer, development, preferential mortgage, construction industry, Strategy for the development of construction and housing and communal services.
Bibliographic list of articles
1. Antokhina Yu. A., Kornilova S. V. Development as a concept of effective investment in conditions of change // Bulletin of the Pacific State University. – 2020. – No. 1 (56). – pp. 53-58. – EDN HOQPZG.
2. Bachurinskaya I. A. Planning and forecasting of development projects: textbook. – St. Petersburg: Publishing house of St. Petersburg State Economic University, 2021. – 118 p.
3. Beloborodov R. S. Development as an effective management system for investment and construction projects // Russian Economic Internet Journal. – 2017. – No. 1. – P. 23-33.
4. Dolgov M. A., Kruglyakova V. M. Development in construction as a form of investment activity in the real estate market // Bulletin of Voronezh State University. Series: Economics and management. – 2020. – No. 4. – P. 54-64. – DOI 10.17308/econ.2020.4/3193. – EDN PSDWQF.
5. Ilyin M. O. Determination of the magnitude of the possible effect from the implementation of a development scheme in projects in the investment and construction industry // Financial management. – 2019. – No. 1. – P. 29-49.
6. Mazur I. I. Real estate development: textbook / Ed. ed. I. I. Mazura and V. D. Shapiro. – M.: Elima: Omega-L Publishing House, 2020. – 928 pp.
7. Nazarova Yu. V. Development of the development market in conditions of macroeconomic turbulence // Theory and practice of service: economics, social sphere, technology. – 2023. – No. 3 (57). – pp. 31-36. – EDN CBDBEJ.
8. Shontukov B.Z., Beslaneeva Zh.Kh. Construction as a branch of material production and its role in the national economy // Economy and Society. – 2018. – No. 5 (48). – pp. 1376-1381.
ECONOMY. RIGHT. SOCIETY
SAYAPIN Alexey Viktorovich
Ph.D. in economical sciences, associate professor of Strategic economic development sub-faculty of the G. R. Derzhavin Tambov State University
NUTSALOVA Maryam Abubakarovna
postgraduate student of the G. R. Derzhavin Tambov State University
THE LABOR FACTOR IN THE STRATEGIC MANAGEMENT OF REGION
The article presents the materials of the analysis of a sociological survey on labor relations and employment, the results of which made it possible to identify the most mobile gender and age groups of the employed population of the region and the main motivations determining them mobility. The proposed working hypothesis that generations Y and Z are more mobile than the older generations of the working populationon was only partially confirmed by the results of the survey. The identified categories with high labor mobility and willingness to change the region of employment are identified as risk groups.
Keywords: labor mobility, labor relations, interregional labor migration.
Bibliographic list of articles
1. How to poach other people’s employees. [Electronic resource]. – Access mode: https://tambov.hh.ru/article/26205?ysclid=lr37dmzon7494586739.
2. Kuznetsov I. A., Sayapin A. V., Polushkina O. O. Problems of restructuring the economy of the region of the agrarian-industrial type // Bulletin of the North Caucasus Federal University. – 2021. – No. 4. – P. 63-69.
3. Nukhovich E. Globalization of the US economy // Bulletin of the Financial Academy. – 1998. – No. 1. – P. 52.
ECONOMY. RIGHT. SOCIETY
RADCHENKO Elena Pavlovna
Ph.D. in economical sciences, chief researcher of the Department for the Study of Problems of Management and Reform of the Penal System of the Center for the Study of Problems of Management and Organization of the Execution of Sentences in the Penal System of the Federal State Institution “Research Institute of the Federal Penitentiary Service
VDOVINA Alina Nafisovna
senior researcher of the Department for the study of the problems of employment of convicts and economic problems of the functioning of the Penitentiary System of the Center for the Study of Problems of Management and organization of the execution of Sentences in the Penal System of the Federal Penitentiary Institution “Research Institute of the Federal Penitentiary Service”
MANAGEMENT OF THE PENITENTIARY SYSTEM THROUGH PUBLIC-PRIVATE PARTNERSHIPS
The article analyzes the possibility of private sector participation in the management of the penitentiary service in foreign countries. The differences in the management of the public and private sectors are highlighted, which are not limited to the way property rights are distributed (i.e. public or private management). The analysis carried out by the authors shows that the effective organization of the management of penitentiary institutions is the result of how all the elements of management are combined with each other, creating a special structure. It is shown that the main driving factors are such elements as: the right to make decisions, the right to income and property rights, which are combined and coordinated with each other, creating a consistent management structure. The effect of private participation in the management of a penitentiary institution depends on the proper coordination of the actions of the private and public sectors. This explains the different results of the effectiveness of private participation in the provision of prison services in different countries.
Keywords: mechanism, economy, infrastructure, cooperation, private sector, public-private partnership, private prison, penal enforcement system.
Bibliographic list of articles
1. Hodge Georgia, Greve K. Public-private partnership: an international review of effectiveness // Public Administration Review. – 2009. – No. 67 (3). – pp. 545-558. doi: 10.1111/j.1540-6210.2007.00736.x.
2. Bennett J., Iossa E. Transfer of public services to non-profit firms under contract // Oxford Economic Documents. – 2010. – No. 62 (4). – P. 784-802. doi: 10.1093/oep/gpp040
3. Boyne A., James O., Lodge M. The New Revolution of Public Administration in the Public Sector: Promise and Results in Three European Penitentiary Systems // Public Policy and Management. – 2006. – No. 21 (2). – P. 81-100. doi: 10.1177/095207670602100207.
4. Boyne Georgia, Meyer KJ, O’Toole LJ, Walker RM. Public Service Effectiveness: Perspectives on Measurement and Management. – Cambridge: Cambridge University Press, 2007.
5. Bayer P., Posen D. Efficiency of correctional institutions for minors: public and private management // Law and Economics. – 2005. – No. 48 (2). – pp. 549-589. doi: 10.1086/497526.
6. Radchenko E. P. Public-private partnership in the penitentiary system of the French Republic // Scientific works of the Federal Public Institution Research Institute of the Federal Penitentiary Service of Russia. Volume Issue 2. – Moscow: Federal State Institution Research Institute of the Federal Penitentiary Service of the Russian Federation, 2020. – P. 269-273. – EDN NVNVVQ.
7. Kozin M. N., Radchenko E. P. Formation of public-private partnership in the penitentiary system of foreign countries // Bulletin of the public research laboratory “Interaction of the penal system with the institutions of civil society: historical, legal and theoretical and methodological aspects ” – 2019. – No. 15. – P. 29-35. – EDN NSBWMY.
8. Cabral S.,Lazzarini S. G., De Azevedo P. F. Private entrepreneurs in public services: a longitudinal study of outsourcing and prison statistics // Strategic Entrepreneurship. – 2013.
9. Logan K. Private prisons: pros and cons // Oxford University. – 1990.
ECONOMY. RIGHT. SOCIETY
SADYKOVA Khadiya Nurgalievna
Ph.D. in sociological sciences, associate professor of the Tyumen Industrial University
BOGDANOVA Yuliya Zufarovna
Ph.D. in philological sciences, associate professor of the Northern Trans-Ural State Agricultural University, Tyumen
ECONOMIC ASPECTS OF LIFE ACTIVITIES OF ELDERLY PEOPLE
The article is devoted to the economic aspects of the life of older people. Initially, the regulatory documents regulating the legal aspects of older people in our country are analyzed, the concepts of “old age”, “elderly person”, the fundamentals of economic and social protection of elderly and elderly people are defined, issues of realizing the rights of the studied category of citizens to a decent life and old age dignity are raised.
Keywords:economic situation of older people, pensions, right to a decent life; the right to a dignified old age; aged people; image of old age; life expectancy; active longevity; social services.
Bibliographic list of articles
1. Anikeeva O. A. Old age and active longevity in modern Russia: realities and trends of change // Domestic Journal of Social Work. – 2018. – No. 4 (75). – pp. 60-72.
2. Sadykova Kh. N., Subbotin V. Ya. Economic consequences of raising the retirement age of Russians: statement of the problem // Eurasian Legal Journal. – 2019. – No. 7 (134). – pp. 396-397.
3. Strategy of action in the interests of older citizens in the Russian Federation until 2025. [Electronic resource]. – Access mode: https://mintrud.gov.ru/ministry/programms/37/2 (date of access: 04/23/2024).
4. Strategy for the long-term development of the pension system of the Russian Federation. [Electronic resource]. – Access mode: https://mintrud.gov.ru/ministry/programms/37/1 (date of access: 04/23/2024).
5. Subbotin V. Ya. Life as sport and life in sport: monograph. – Tyumen: TIU, 2024. – 196 pp.
6. Subbotin V. Ya. Analysis of the attitude of technical university students to active physical education / In the collection “GTO: practice of implementation. Materials of the All-Russian Student Conference within the framework of the implementation of the program for developing the activities of student associations and the All-Russian youth project “GTO Students”. – Tyumen, 2015. – pp. 116-120.
7. Subbotin V. Ya. On the issue of studying the attitude of students to regular physical education and sports / In the collection: Strategy for the development of mass sports work with students. Materials of the All-Russian Scientific and Methodological Conference. – Tyumen, 2015. – pp. 130-133.
8. Khairullina N. G., Baranova K. L. Retirement age of Russians: assessments and opinions. – Tyumen: TyumGNGU, 2012. – 100 p.
ECONOMY. RIGHT. SOCIETY
SOLOVJEVA Irina Anatoljevna
Ph.D. in economical sciences, associate professor, associate professor of Social and cultural activities and pedagogy sub-faculty of the Oryol State Institute of Culture
COMMERCIALIZATION OF CULTURE: CHARACTERISTIC FEATURES AND REASONS FOR DEVELOPMENT
Modern society is in a period of great transformations in the structure and economic mechanism of the cultural sphere. In this context, special attention should be paid to the business processes that have affected this important part of the country’s economy. The study of the commercial sector of the cultural sphere allows us to understand more precisely its characteristics, conditions of formation and dynamics of development. In the course of this analysis we have determined that the goal of commercial organizations in the cultural sphere is a profit, and the economic effect often prevails over the social one.
Keywords: cultural sphere, commercial sector, commercialization, business, cultural activities.
Bibliographic list of articles
1. Annenkova A. A. Digitalization of services and the formation of information space in the field of culture // Current state of the infosphere of cultural institutions: Materials of the V International Student Scientific and Practical Forum dedicated to the 50th anniversary of the Oryol State Institute of Culture, Orel-Minsk, March 24, 2022 / Scientific editors and compilers D. N. Gribkov, N. E. Belyaeva, editorial board: T. N. Somova, N. A. Beketova, E. E. Politevich, O. A. Barma. – Orel: Oryol State Institute of Culture, 2022. – P. 91-93.
2. Kunyashova S.V. Commercialization of cultural policy in spaceof regional culture // Caspian region: politics, economics, culture. – 2019. – No. 2 (59). – pp. 114-121.
3. Lugin D. A., Boronina L. N. State support for entrepreneurship in the field of culture: analysis of the state and improvement of tools // Strategies for the development of social communities, institutions and territories: materials of the V International Scientific and Practical Conference, Yekaterinburg, April 22-23 2019: in 2 volumes – Ekaterinburg: Ural Publishing House. University, 2019. – T. 1. – P. 305-310
4. Rudakova O. V., Matveev V. V., Annenkova A. A. Cultural and creative industries: essence, classification, development trends in the world and in Russia // Transformation of the socio-cultural sphere in modern conditions: economic and managerial aspects . – Kursk: Closed Joint Stock Company “University Book”, 2022. – P. 84-104.
5. Solovyov A.P. Scientific and methodological recommendations on the criteria for classifying Russian cultural institutions at the federal, regional and municipal levels: for executive authorities and local governments. – M.: Heritage Institute, 2023. – 76 p.
6. Solovyova I. A. Institutional features of the formation of the commercial sector in the socio-cultural sphere // Problems of development of modern society: collection of scientific articles of the 4th All-Russian scientific and practical conference, Kursk, January 24–25, 2019 / Southwestern State University . – Kursk: Southwestern State University, 2019. – pp. 275-279.
7. Solovyova I. A. Digital competence as a necessary skill in Economy 5.0 // Electronic information space for science, education, culture: Proceedings of the X International Scientific and Practical Conference, Orel, December 14, 2023. – Oryol: Oryol State Institute of Culture, 2023. – P. 174-179.
ECONOMY. RIGHT. SOCIETY
FADINA Yana Sergeevna
bachelor’s student of the Faculty of International Relations of the St. Petersburg State University
ALYOSHKIN Vladimir Vladimirovich
Head of the Office of the Rectorate of the B. N. Yeltsin Kyrgyz-Russian Slavic University
MATVEEVSKAYA Anna Sergeevna
Ph.D. in geographical sciences, associate professor of World politics sub-faculty of the St. Petersburg State University
ERMOLINA Marina Anatoljevna
Ph.D. in Law, associate professor of World politics sub-faculty of the St. Petersburg State University
INTEGRATION OF THE DIGITAL ECONOMY IN THE EAEU
The presented paper examines various aspects of digital transformation in the economic sphere and the impact of these changes on trade turnover, the development of joint investment projects and the competitiveness of the Eurasian Economic Union as a whole. The purpose of the study is to analyze the digital mechanisms for regulating economic activity, which are gradually being introduced into the digital space of the EAEU, and the transition to a new level of digital transformation. Specific proposals are proposed to improve the economic climate at a new stage of development for a smoother and most effective implementation of the Union countries in the digitalization process.
Keywords: Eurasian Economic Union, digital economy, integration, information technology, digital transformation.
Bibliographic list of articles
1. Eremenko M. Yu. Digitalization as a driver of economic integration of the countries of the Eurasian Economic Union // Bulletin of the University. – 2021. – No. 3. – P. 32-37.
2. Meshkova T. A. Eurasian economic integration // Bulletin of international organizations: education, science, new economics. – 2019. – T. 14. No. 4. – P. 80-85.
3. The EAEU 2025 Digital Agenda: prospects and recommendations. Overview report. / Navas-Sabater J., Petrov O. V. Washington D. C.: World Bank Group, 2018. – [Electronic resource]. – Access mode: https://documents1.worldbank.org/curated/en/850581522435806724/pdf/EAEU-Overview-Full-ENG-Final.pdf (access date: 02/25/2024).
ECONOMY. RIGHT. SOCIETY
FIRSOVA Olga Nikolaevna
Ph.D. in economical sciences, associate professor, associate professor of Marketing and entrepreneurship sub-faculty of the I. S. Turgenev Orel State University
YELKINA Darya Andreevna
assistant of the State University of Management
INNOVATIVE ACTIVITY AND SPATIAL DEVELOPMENT OF THE REGIONS OF THE RUSSIAN FEDERATION
The article substantiates the relevance of regional innovation policy as a condition for maintaining the competitiveness of the regions of the Russian Federation. The features of the development over time of the level of innovative activity of organizations located in different federal districts of the country are identified and characterized; it is established that the difference between the highest and lowest values of the level of innovative activity of organizations increased significantly from 2010 to 2022, which suggests an increased differentiation between federal districts in the field of development under consideration.
Keywords:innovation, innovation activity, federal district, level of innovation activity.
Bibliographic list of articles
1. Zhdanova O. A. The role of innovation in the modern economy // Economics, management, finance: materials of the I international scientific conference. – Perm: Mercury, 2011. – P. 38-40. – [Electronic resource]. – Access mode: https://moluch.ru/conf/econ/archive/10/783/ (date of access: 03/19/2024).
2. Lizunov V.V. Innovative activity and spatial development of regions // Bulletin of the University “Cluster”. Electronic journal. – 2022. – No. 6. – [Electronic resource]. – Access mode: https://klastervestnik.ru/wp-content/uploads/2022/06/vestnik-un-ta-klaster.-№-66-2022-1.pdf (date of access: 03.21.2024).
3. Federal Law of August 23, 1996 No. 127-FZ (as amended on July 24, 2023) “On Science and State Scientific and Technical Policy.” – [Electronic resource]. – Access mode: https://base.garant.ru/135919/ (access date: 03/21/2024).
4. Strategy for scientific and technological development of the Russian Federation (approved by Decree of the President of the Russian Federation of February 28, 2024 No. 145). – [Electronic resource]. – Access mode: http://publication.pravo.gov.ru/document/0001202402280003 (date of access: 03/19/2024).
5. On approval of the methodology for calculating the indicator “Level of innovative activity of organizations” (approved by Rosstat Order No. 818 dated December 27, 2019. – [Electronic resource]. – Access mode: https://rosstat.gov.ru/storage/mediabank /pr818-27122019.pdf (date of access: 03/19/2024).
ECONOMY. RIGHT. SOCIETY
FOKINA Oksana Gennadjevna
Ph.D. in economical sciences, associate professor of the I. S. Turgenev Orel State University
KARYAGINA Tatyana Vasiljevna
Ph.D. in technical sciences, associate professor of the Russian State Social University
THE ROLE OF NON-FINANCIAL NON-PRODUCED ASSETS IN THE ECONOMIC DEVELOPMENT OF RUSSIA
In the article, the authors analyzed the dynamics of investments in non-produced non-financial assets in the Russian Federation in the period from 2000 to 2022, revealed their place in the structure of investments in non-financial assets as a whole ; the regions of the Russian Federation were grouped by the amount of investments in non-financial non-produced assets in 2022, identified the leading regions and outsider regions. It has been established that investments in non-financial non-produced assets are currently a promising but underused area of investment in the Russian economy, which is due to a lack of understanding of their role, a lack of funds for investment, and the intangible nature of acquired assets.
Keywords: investments, non-financial non-produced assets, investments in non-financial non-produced assets, economic development.
Bibliographic list of articles
1. Decree of the President of the Russian Federation dated February 28, 2024 No. 145 “On the Strategy for Scientific and Technological Development of the Russian Federation.” Electronic resource. – Access mode: http://publication.pravo.gov.ru/document/0001202402280003?ysclid=lwpcyalqw4987609768&index=1.
ECONOMY. RIGHT. SOCIETY
KHARCHEVA Irina Vladimirovna
Ph.D. in economical sciences, associate professor, associate professor of Economics in energy and industry sub-faculty of the National Research University “Moscow Power Engineering Institute”
FIRSOVA Olga Nikolaevna
Ph.D. in economical sciences, associate professor, associate professor of Marketing and entrepreneurship sub-faculty of the I. S. Turgenev Orel State University
DYNAMICS OF EMPLOYMENT INDICATORS IN SMALL BUSINESSES IN THE SUBJECTS OF THE CENTRAL FEDERAL DISTRICT OF THE RUSSIAN FEDERATION
The authors of the article analyzed the dynamics of indicators characterizing the level and differentiation of small business development in the regions of the Central Federal District of the Russian Federation. The authors have established a tendency to reduce the average number of employees employed in small businesses in the Central Federal District and a simultaneous increase in the proportion of those employed in the MP of the Central Federal District in the structure of those employed in these enterprises in the whole of the Russian Federation. The characteristic of the structure of the distribution of the number of people employedin small business in the Central Federal District by types of economic activity is given.
Keywords: Central Federal District, small business, small entrepreneurship.
Bibliographic list of articles
1. Order of the Government of the Russian Federation dated June 2, 2016 No. 1083-r “On the Strategy for the development of small and medium-sized businesses in the Russian Federation for the period until 2030 and the action plan (“road map”) for its implementation.” Electronic resource. – Access mode: https://www.garant.ru/products/ipo/prime/doc/71318202/?ysclid=lsbhcznjqz527729643 (date of access: 04/15/2024).
2. Regions of Russia. Socio-economic indicators. 2023: Stat. Sat. / Rosstat. – M., 2023. – 1126 p. Electronic resource. – Access mode: https://rosstat.gov.ru/storage/mediabank/Region_Pokaz_2023.pdf (access date: 04/15/2024)
3. Regions of Russia. Socio-economic indicators. 2019: Stat. Sat. / Rosstat. – M., 2019. – 1204 p. Electronic resource. – Access mode: https://rosstat.gov.ru/storage/mediabank/Region_Pokaz_2019.pdf (access date: 04/15/2024)
ECONOMY. RIGHT. SOCIETY
SHAYBAKOVA Emma Rifovna
Ph.D. in economical sciences, professor of Economic Security sub-faculty of the Ufa State Petroleum Technical University
SALAKHOV Alan Ruslanovich
magister student of the Ufa State Petroleum Technical University
BUILDING AN EFFECTIVE ORGANIZATIONAL STRUCTURE AS A CONDITION FOR ENSURING THE ECONOMIC SECURITY OF THE ENTERPRISE
The economic security of an enterprise includes many components and requires a detailed study of all aspects of the company’s activities. Effective management of a company and its guarantee of survival even in unfavorable conditions are impossible without the well-functioning work of all departments and divisions of the company, which play an important role in ensuring the smooth operation of the entire production and financial mechanism of the enterprise.
This article describes the main methods of ensuring the economic security of a business entity. A description of the role and place of building an organizational structure in the process of organizing business processes in a company is also presented. Modern factors that change the idea of classical types of structures are given.
The following tools of scientific knowledge were used as a methodological basis for writing this article: description, comparison, analysis, synthesis.
The theoretical basis is scientific articles by Russian researchers devoted to the issues of building organizational management structures.
As a result of the study, a conclusion is made about the many types of organizational structures that are focused on achieving various goals and take into account the peculiarities of the scale of the enterprise’s activities, as well as the characteristics of its type of activity. Key trends in changes in technology and the nature of employment are presented as factors that seriously change ideas about classical types of organizational structures.
Keywords:economic security, organizational and legal methods, organizational structure, functional structure, linear structure, adaptability, neural networks, management functions.
Bibliographic list of articles
1. Glekov E. Ya. Methods of organization and management of ensuring economic security of a commercial enterprise // Young scientist. – 2022. – No. 3 (398). – pp. 158-159. – EDN WOGJRF.
2. Tezyaeva A. S. Construction and assessment of the organizational structure of an enterprise // Young scientist. – 2017. – No. 17 (151). – pp. 383-386. – EDN YMFADF.
3. Mikhailenko E. A., Panova V. A., Mesropyan M. A. Situational factors influencing the choice of organizational structure of an enterprise // Young scientist. – 2017. – No. 4 (138). – pp. 502-505. – EDN XSCJCF.
4. Mamatelashvili O.V., Mukhamadieva E.F., Khisamutdinova R.F. Risks and threats to the economic security of an organization // Economics and management: scientific and practical journal. – 2023. – No. 3 (171). – pp. 43-46. – DOI 10.34773/EU.2023.3.8. – EDN CENLFZ.
5. Talypova A. I., Shaibakova E. R. The role of managing the financial results of an enterprise in order to improve the quality of its economic security // Current problems of ensuring the economic security of the state, regions, enterprises: Collection of scientific articles of the IV International Scientific and Practical Conference, Ufa , June 26, 2020. – Ufa: Ufa State Petroleum Technical University, 2020. – P. 412-415. – EDN ESUJPV.
PHILOSOPHY. RIGHT. SOCIETY
BAIRON Alexander Alexandrovich
Ph.D. in philosophical sciences, senior lecturer of Philosophy sub-faculty of the A. S. Pushkin Leningrad State University
B. N. CHICHERIN AND I. KANT ON THE PROBLEM OF EVIDENCE OF THE EXISTENCE OF GOD
In 2024, the 120th anniversary of the death of the Russian thinker B.N. Chicherin and the 300th anniversary of the birth of the German philosopher I. Kant were celebrated. These thinkers are united, first of all, by the commonality of the spheres of “scientific interests,” which includes not only such disciplines as ontology, epistemology, logic, philosophy of law and ethics, but also such an area as the philosophy of religion . Within the framework of the last one of the topics of interest for both the first and the second of these figures, the problem of evidence of the existence of God, which has existed from antiquity to the present day, is often the subject of controversy in philosophy The article compares the views of Kant and Chicherin on this problem. The views of two philosophers on the content and objective significance of the three most important proofs of the existence of God, first formulated back in the ancient era (onto-, cosmo- and teleological), as well as the moral proof put forward by Kant are considered. The author concludes that, despite the generally different opinion (Chicherin has a positive opinion, Kant a negative) about the possibility of rationally proving the existence of God and, accordingly, about the significance of the three main proofs, both thinkers come to a common opinion regarding the last proof, recognizing it as a valid way for the mind to verify the truth of the existence of God. The difference in the views of the two figures is that if Chicherin’s existence of God is a strict and objective logical conclusion, then Kant’s is only a “requirement” of reason based on his practical, moral interest.
Keywords: B. N. Chicherin, I. Kant, evidence of the existence of God, absolute, philosophy of religion.
Bibliographic list of articles
1. Bible. Books of the Holy Scriptures of the Old and New Testaments. – M., 1979.
2. Hegel G. V. F. Science of Logic. In 3 volumes. T. 1. – M.: Mysl, 1970.
3. Hegel G. V. F. Philosophy of religion. In 2 volumes. T. 2. – M.: Mysl, 1977.
4. Gorin A. A. Formation of an ontological argument – a manifestation of Platonism in philosophy and theology // Bulletin of the Leningrad State University. A. S. Pushkin. – 2009. – No. 3. T. 2. – P. 44-53.
5. Kant I. The only possible basis for proving the existence of God // Kant I. Works in 6 volumes – M.: Mysl, 1963. – T. 1. – P. 391-508.
6. Kant I. Criticism of practical reason // Kant I. Fundamentals of the metaphysics of morality; Critique of Practical Reason; Metaphysics of morals. – St. Petersburg: Nauka, 1995. – P. 121-258.
7. Kant I. Critique of Pure Reason / Transl. with him. N. O. Lossky with variants per. in Russian and European languages. – M.: Nauka, 1999.
8. Lega V.P. Cosmological proof of the existence of God of Aristotle and its development in Christian philosophy // XXVII Annual Theological Conference of the Orthodox St. Tikhon’s Humanitarian University. Sat. mat. conf. – M., 2017. – pp. 29-33.
9. Fokin A. R. From an intelligent creation to an intelligent Creator: ancient and patristic analogues of the argument from “fine tuning” // Bulletin of the Orthodox St. Tikhon’s University for the Humanities. Episode 1: Theology. Philosophy. Religious Studies. – 2017. – No. 73. – P. 30-40.
10. Chicherin B. N. Science and religion. – M.: Republic, 1999.
PHILOSOPHY. RIGHT. SOCIETY
DUNAEVSKIY Stanislav Vitaljevich
senior lecturer of Natural sciences and humanitarian disciplines sub-faculty of the S. Yu. Witte Moscow University
PHILOSOPHY OF HUMAN RESOURCE MANAGEMENT: A HUMANISTIC APPROACH
This study analyzes the evolution of the philosophy of human resource management throughout the 20th century, with special attention being paid to the transformational changes that occurred in the 1970s and 1990s. The main focus is on changing priorities in approaches to personnel management, starting from issues of ensuring the safety and health of employees and ending with an emphasis on the importance of organizational culture and innovation. The transition to a humanistic paradigm is noted, in which the central place is given to the person as a person, his needs and values. At the same time, the study reveals the difficulties associated with the implementation of a humanistic approach in management, especially in large organizations where there is a need for an individual approach to each employee. The importance of improving working conditions and providing social guarantees for staff is emphasized. The paper traces the transformation of management concepts from highly specialized models focused primarily on improving productivity and compliance with safety standards to more comprehensive and holistic approaches that take into accountthe human factor in all its diversity. The study demonstrates how, in the process of evolution of the philosophy of human resource management, the emphasis gradually shifted from the tasks of ensuring basic working conditions to the problems of motivation, engagement, potential development and self-realization of employees within the organizational environment . Special attention is paid to the role of organizational culture and innovation as factors contributing to improving the efficiency and competitiveness of enterprises in modern conditions.
Keywords: humanistic approach, management philosophy, organizational culture, humanization of management, working conditions, social security.
Bibliographic list of articles
1. Arkhipova N. I. Philosophy of personnel management as a moral and ethical core of the organization’s activities // Bulletin of the Russian State University for the Humanities. Series “Economics. Control. Right”. – 2015. – No. 3 (146). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/filosofiya-upravleniya-personalom-kak-nravstvenno-eticheskiy-sterzhen-deyatelnosti-organizatsii-1 (date of access: 05/26/2024).
2. Ivanova O. E., Gurbanov M. S. Philosophy of HRM as an understanding of people management in an organization // Forum of young scientists. – 2018. – No. 7 (23). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/filosofiya-hrm-kak-osmyslenie-upravleniya-lyudmi-v-organizatsii (date of access: 05.26.2024).
3. Lobanova T. N., Zakharova L. N., Leonova I. S. Psychology in personnel management: a new balance // Organizational psychology. – 2022. – No. 1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/psihologiya-v-upravlenii-personalom-novyy-balans (date of access: 05/26/2024).
4. Logvinova L. I. The importance of personal qualities of personnel for the effective functioning of the organization // Skif. – 2020. – No. 7 (47). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/znachimost-lichnostnyh-kachestv-personala-dlya-effektivnogo-funktsionirovaniya-organizatsii (date of access: 05.26.2024).
5. Madyarov A. A. Corporate social responsibility in the information society: features of personnel management in the 21st century // Bulletin of the State University of Management. – 2023. – No. 1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/korporativnaya-sotsialnaya-otvetstvennost-v-informatsionnom-obschestve-osobennosti-upravleniya-personalom-v-xxi-veke (date of access: 05.26.2024).
6. Nikolaev M. V. Development of personnel management strategy in organizations // Economics and society. – 2020. – No. 11 (78). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/razrabotka-strategii-upravleniya-personalom-v-organizatsiyah (date of access: 05/26/2024).
7. Rodin D.V. “Hard” and “Soft” approaches to managing human resources of an organization // Vestnik VUiT. – 2015. – No. 3 (34). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/zhestkiy-i-myagkiy-podhody-k-upravleniyu-chelovecheskimi-resursami-organizatsii (date of access: 05/26/2024).
8. Ryazantseva I.V., Samoylyuk T.A. Humanistic approach to human resource management // Theory and practice of social development. – 2016. – No. 6. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/humanisticheskiy-podhod-k-upravleniyu-chelovecheskimi-resursami (date of access: 05.26.2024).
9. Howell R. Analytical work on Kant – idealism, things in themselves and the object of knowledge // Kant collection. – 2017. – No. 4. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/analiticheskaya-rabota-nad-kantom-idealizm-veschi-v-sebe-i-obekt-znaniya (date of access: 05.26.2024).
10. Shishkina D. I. Theoretical approaches to determining the essence of human resource management of industrial corporations // Regional and industrial economics. – 2021. – No. 1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/teoreticheskie-podhody-k-opredeleniyu-suschnosti-upravleniya-chelovecheskimi-resursami-promyshlennyh-korporatsiy (date of access: 05/26/2024).
PHILOSOPHY. RIGHT. SOCIETY
KUZMENKO Alexander Anatoljevich
Ph.D. in biological sciences, associate professor of Computer technology and systems sub-faculty of the Bryansk State Technical University
PHILOSOPHICAL UNDERSTANDING OF THE CONCEPT OF LIFE ENVIRONMENT IN THE CONTEXT OF ERGODESIGNER DESIGN
The article highlights the philosophical aspects of ergodesign of the life environment, paying attention to its interdisciplinary nature and importance in the modern world. The key concepts related to the concepts of “environment” and “vital activity” are analyzed. They emphasize the importance of integrating various scientific and practical techniques to create harmonious and safe human living conditions in harmony with the natural environment. The purpose of the study is to conduct a philosophical analysis of the concept of the environment of life in the context of ergodesigner design. The obtained results emphasize the need to integrate a sociotechnological approach into the methodology of ergodesigner design of the living environment.
Keywords: ergodesign, environment, vital activity, socio-technological development of the world.
Bibliographic list of articles
1. Basov M. Ya. Selected psychological works. M.: Pedagogy, 197
2. Bernstein N. A. Essays on the physiology of movements and physiology of activity. M.: Medicine, 1966
3. Bertalanffy L. von. General theory of systems, critical review // Research on general theory of systems. M.: Progress, 1969. P. 23-82
4. Volkova V. N., Denisov A. A. Fundamentals of systems theory and system analysis. Ed. 2nd. St. Petersburg: St. Petersburg State Technical University, 1999
5. Gibson Day. An ecological approach to visual perception. M.: Progress, 1988.
6. Demidenko E. S., Dergacheva E. A., Popkova N. V. Philosophy of social and technological development of the world: articles, concepts, terms: scientific publication. M.: World Information Encyclopedia; Bryansk: BSTU, 2011. P. 186.
7. Demidenko E.S., Dergacheva E.A. Technogenic development of society and transformation of the biosphere. M.: Krasand, 2010. 288 pp.
8. Kant I. From the manuscript heritage (Materials for the “Critique of Pure Reason”, “Opus postumum”). M.: Progress-Tradition, 2000. 752 pp.
9. Kastler G. The emergence of a biological organization. M.: Mir, 1967.
10. Kuzmenko A. A. Philosophical understanding of ergoecological interaction in the design (ergodesign) of systems in the conditions of technogenic socio-natural development // Eurasian Legal Journal. 2023. No. 10 (185). pp. 532-536.
11. Markovich D. Zh. Social ecology. M.: Enlightenment, 1991.
12. Munipov V. M. Theory and practice of ergodesign. Special course program // In: Labor Psychology and Organizational Psychology. M.: MSU, 1977.
13. Munipov V. M., Zinchenko V. P. Fundamentals of ergonomics. Ed. Moscow University, 1979. 247 p.
14. Nesterov D.I. Ergonomics of the architectural environment: textbook. Chelyabinsk: SUSU Publishing Center, 2015. 65 p.
15. Ozhegov S.I. Dictionary of the Russian language: 70,000 words. M.: Russian language, 1990. P. 758.
16. Oparin A.I. The emergence of life on Earth. M.: Publishing House of the USSR Academy of Sciences, 1957. Progress-Tradition, 2000.
17. Petrov I.F. On the category of human “life activity” // Bulletin of science and practice. 2021. No. 7 (3). pp. 360-363.
18. Sergeev S.F. Methodology for ergonomic design of artificial intelligence systems for 5th generation aircraft // Mechatronics, Automation, Management. 2007. No. 11. P. 6-11.
19. Fragments of early Greek philosophers: Part 1. From epic theocosmogonies to the emergence of atomism. M.: Nauka, 1989.
20. Kuzmenko A. A., Filippov R. A., Filippova L. B. The formation of ergonomic thinking when designing complex information systems in the conditions of socio-technogenic development of the world / ITM Web of Conferences. II International Workshop “Hybrid Methods of Modeling and Optimization in Complex Systems” (HMMOCS-II 2023) Krasnoyarsk, Russia, November 28-30, 2023 Volume 59 (2024).
PHILOSOPHY. RIGHT. SOCIETY
MAKARCHUK Ivan Yurjevich
Ph.D. in Law, associate professor of Philosophy sub-faculty of the Humanitarian Institute of the Siberian Federal University, Krasnoyarsk
GRUZDEV Andrey Alexandrovich
Ph.D. in philosophical sciences, associate professor of Philosophy sub-faculty of the Humanitarian Institute of the Siberian Federal University, Krasnoyarsk
A. D. SAKHAROV’S SOCIO-POLITICAL VIEWS
The proposed article analyzes the socio-political views and ideas of the outstanding Soviet physicist, academician, human rights activist and thinker Andrei Dmitrievich Sakharov, who had a significant impact on the political and intellectual environment of his time. His socio-political views and ideals continue to be relevant at the present time. The academician advocated political and social reforms, proclaimed the need for openness and freedom of information, and supported the idea of active participation of citizens in policy-making. His socio-political views reflected a focus on a deep and principled struggle for justice, freedom and harmonious development of society. Sakharov’s ideals of democracy, freedom and human rights continue to inspire people and serve as a guide in the struggle for justice and the improvement of society.
Keywords: A. D. Sakharov, democratization of society, human rights, social justice, perestroika
Bibliographic list of articles
1. Bardakov A.I. Political utopias of the humanist A.D. Sakharov // Humanist and peacemaker A.D. Sakharov: conference materialsnations. ‒ Volgograd: Volgograd Institute of Management – branch of RANEPA, 2021.
2. Galinskaya I. L. Andrei Sakharov – the conscience of the world // Culturology. – 2014. – No. 4 (71).
3. Korovina I. Yu. Corruption and human rights according to A. D. Sakharov // Humanist and peacemaker A. D. Sakharov: conference materials. ‒ Volgograd: Volgograd Institute of Management – branch of RANEPA, 2021.
4. Mordasova V. V., Burmistrova Yu. V. A. D. Sakharov as a political thinker // Crossroads of History. Current problems of historical science: Materials of the XVII All-Russian Scientific Conference. ‒ Astrakhan: Publishing House “Astrakhan University”, 2021.
5. Sakharov A.D. Anxiety and hope. T. 1. ‒ M.: Vremya, 2006.
6. Sakharov A.D. Anxiety and hope. T. 2. ‒ M.: Vremya, 2006.
7. Tlepshev A.B. Social and philosophical views of academician A.D. Sakharov // Collection of scientific works of the XI All-Russian (national) scientific-practical conference dedicated to the 100th anniversary of the birth of academician Andrei Dmitrievich Sakharov. ‒ Nalchik: Federal State Budgetary Educational Institution of Higher Education “Kabardino-Balkarian State Agrarian University named after V. M. Kokov”, 2021.
8. Ugolkov I. A. Human rights activities and political and legal views of A. D. Sakharov // The Newman in Foreign policy. ‒ 2021. ‒ No. 58 (102).
9. Fedotov M. A., Deineko A. G. Constitutional ideas of academician Andrei Sakharov: a view from the digital era // Proceedings on intellectual property. ‒ 2023. ‒ T. 44. No. 1.
10. Yurovchik S. A. A. D. Sakharov – scientist, human rights activist // Pedagogical search. ‒ 2021. ‒ No. 5.
PHILOSOPHY. RIGHT. SOCIETY
ODINTSOVA Elena Alexeevna
Ph.D. in Law, associate professor of the M. Tugan-Baranovsky Donetsk National University of Economics and Trade
PETROVA Elena Igorevna
Ph.D. in philosophical sciences, associate professor of the M. Tugan-Baranovsky Donetsk National University of Economics and Trade
FROM CONSUMER IDEOLOGY TO REVIVAL IDEOLOGY
In recent decades, the topic of the influence of the process of consumerism (consumerism) on the social and spiritual life of society has been actively discussed in the media, in journalistic and scientific literature. Consumerism, from the practice of consuming necessary goods and services by a person, develops into the ideology of his existence, determines his main life-value orientations and attitudes. In this regard, the research topic seems relevant. The work examines the influence of the consumerism process on the social and spiritual life of society. The negative role of the ideology of consumerism on the development of society is noted and the need to abandon this ideology is substantiated. The necessity of developing a national ideology that consolidates society is substantiated. It is concluded that a revision of the neoliberal ideology of egocentrism and consumerism is necessary, otherwise humanity cannot avoid environmental and anthropological catastrophe.
Keywords: consumerism, consumerism ideology, individualism, neoliberalism, national ideology.
Bibliographic list of articles
1. Ivanova M. V. Ideology of consumerism as a phenomenon of modern liberal-democratic society // Bulletin of ChitSU. – 2008. – No. 4 (49). – P. 16-22.
2. Myakshev A.P., Gumenyuk A.A. Failure to create a consumer society in the USSR (1953-1985) // News of Saratov University. New episode. Series History. International relationships. – 2022. – T. 22. Issue. 4. – pp. 470-476.
3. Odintsova E. A. State ideology: strategy for the formation of modern society // Scientific potential. – 2020. – No. 3 (30). – pp. 61-64.
4. Mantatov V.V., Mantatova L.V. On the way to sustainable development of the world: a communitarian strategy for the life structure of communities of people // Bulletin of the Buryat State University. – 2020. – No. 1. – P. 4-11.
5. Baudrillard J. Consumption Society. Its myths and structure / Transl. from fr. E. Samarskaya. – M.: Republic; Cultural Revolution, 2006. – 269 p.
6. Radaev V.V. Sociology of consumption: basic approaches // Sociology of research. –2005. – No. 1. – P. 5-18.
7. Ivanova M. V. Main directions of the policy of the social state in relation to the ideology of consumerism // Bulletin of ChitSU. – 2008. – No. 6 (51). – pp. 170-175.
8. Ilyin A. N. Consumption culture as a factor in the transformation of family values // Scientific notes of KnAGTU. – 2019. – No. 1. – 2 (37). – pp. 83-91.
9. Dronov V. T. About the new Russian ideology: pros and cons // News of the Russian State Pedagogical University named after. A. I. Herzen. – 2010. – No. 1. – P. 144-151.
PHILOSOPHY. RIGHT. SOCIETY
POZDYAEVA Svetlana Mikhaylovna
Ph.D. in philosophical sciences, professor, professor of Philosophy and cultural studies sub-faculty 0f the Ufa University of Science and Technology
MYTH IN AN UNSTABLE SOCIETY
The article provides a socio-philosophical analysis of the viability of myths in modern society, as well as the features of their substantive changes under the influence of social reforms. The author believes that modern myth is a special way of constructing social changes, revealing their dynamic nature, which is based on traditional meanings, but goes through certain stages of transformation. The author comes to the conclusion that myth-making is immanently inherent in mass consciousness, while modern myth itself is ambivalent, since it carries both positive and negative features. What impact a myth will have on social development depends on the specific historical and sociocultural situation in which it is constructed and applied.
Keywords: vitality of myth; myth-making; archaic, scientific, reconstructed myths; mass consciousness, social development.
Bibliographic list of articles
1. Bart R. Mythologies. – M.: Academic Project, 2008. – 351 pp.
2. Vetoshkina E. A. Social myth as a means of manipulating the consciousness of society // Bulletin of the KRSU. – 2009. – Volume 9. No. 6. – P. 33-36.
3. Gurevich P.S. Ancient and modern myth / Philosophy of culture. [Electronic resource]. – Access mode: http://society.polbu.ru/gurevich_culturephilo/ch26_i.html.
4. Zinatullina Yu. Sh., Pozdyaeva S. M. Myth-making in Russia (social and philosophical analysis): monograph. – Ufa: RIC BashSU, 2016. – 152 p.
5. Leshkevich T. G. Uncertainty in the world and the world of uncertainty: (Philosophical reflections on order and chaos) / Rost. state univ. – Rostov n/d: Publishing house Rost. University, 1994. – 231 p.
6. Toshchenko Zh. T. Time of myths and ways to overcome them // Sociological studies. – 2006. – No. 1. – P. 37-45.
7. Shakhnovich M.I. Primitive mythology and philosophy [Text]: Prehistory of philosophy; Academy of Sciences of the USSR. – Leningrad: Science. Leningr. department, 1971. – 238 pp.
8. Schiller G. Manipulators of consciousness. – M., Mysl, 1980 – 325 pp.
PHILOSOPHY. RIGHT. SOCIETY
RAVOCHKIN Nikita Nikolaevich
Ph.D. in philosophical sciences, associate professor, professor of History, philosophy and social sciences sub-faculty of the T. F. Gorbachev Kuzbass State Technical University, Kemerovo; professor of Pedagogical technologies sub-faculty of the V. N. Poletskov Kuzbass State Agricultural University
SHEPELEVA Sophia Alexeevna
Ph.D. in technical sciences, associate professor, Head of Physics sub-faculty of the T. F. Gorbachev Kuzbass State Technical University, Kemerovo
OLEKSENKO Elizaveta Mikhaylovna
postgraduate student of History of philosophy and logic sub-faculty of the National Research Tomsk State University
SOCIOCULTURAL DYNAMICS IN THE REALITIES OF DIGITALIZATION: PHILOSOPHICAL ANALYSIS (PART 2)
The article presents a philosophical analysis of changes in sociocultural dynamics under the influence of digitalization. In the second part, the authors examine transformations in various principles of society of life. The modification specification of the modification has been identified. The consequences of decentralization between various actors of the modern world are determined. A comparative analysis was carried out between methods of control in traditional and digital models of the state. It is clarified that strong power centers are transmitted through diffusion processes. The authors substantiate the popularity of the use of advanced technologies in the economic sphere. Emphasis is placed on personalizing the relevant processes for various agents. In conclusion, the results of the study are presented.
Keywords: digitalization, society, power, economics, communication.
Bibliographic list of articles
1. Dolzhenko I. B. Digital marketing of transnational corporations in the fashion industry // Journal of Applied Research. – 2021. – No. 2-4. – pp. 27-33.
2. Levitskaya I. A. Digital transformation of sociocultural dynamics as a systemic information process // International scientific research journal. – 2021. – No. 8 (110). – pp. 153-156.
3. Loseva E. S. Digitalization as a sociocultural construct // Azimuth of scientific research: pedagogy and psychology. – 2021. – T. 10. No. 2 (35). – pp. 372-375.
4. Naim M. The end of power. – M.: Corpus, 2016. – 512 pp.
5. Ravochkin N. N. Social and philosophical analysis of political and legal institutions of the New Age and Postmodern // Humanitarian of the South of Russia. – 2018. – T. 7. No. 1. – P. 94-102.
6. Rozina I. N. Digitalization of education. [Electronic resource]. – Access mode: http://ito.1gb.ru/tezises/1027.doc (date of access: 02.27.2024).
7. Fomicheva T.V., Kataeva V.I. Values Russians in the context of digitalization of the Russian economy // Living standards of the population of Russian regions. – 2019. – No. 2 (212). – pp. 80-84.
PHILOSOPHY. RIGHT. SOCIETY
SOBKO Ruslan Vasiljevich
Ph.D. in philosophical sciences, associate professor of the Volga branch of the Russian State University of Justice, Nizhny Novgorod
SPIRIN Vasiliy Konstantinovich
master of philosophy, lecturer of the Nizhny Novgorod Theological Seminary
TRETYAKOV Ilya Sergeevich
bachelor of theology, master of religious studies, lecturer of the Nizhny Novgorod Theological Seminary
IS FEMALE PRIESTHOOD BELIEVABLE IN RUSSIAN TRADITIONAL CULTURE: REFLECTIONS ON THE PHILOSOPHICAL INTUITION OF RELIGIOUS CULT FROLOVA S. R.
This article continues a series of studies devoted to the Nizhny Novgorod cult in honor of the icon of the Mother of God “Resurrecting Russia”. In the previous article on the pages of the Eurasian Law Bulletin we considered the question of the mariology of the religious phenomenon under study, as well as the Christology and pneumatology of Frolova S.R. In this article we decided to discuss the traditionality or non-traditionality of the female priesthood in the context of the philosophical views of both Matushka Photinia herself and the religious and philosophical background accompanying her cult. To some extent, the tradition of Frolova S.R.’s Temple of Light reflects the history of the search for a spiritual alternative to Christianity traditional of the late 19th and early 20th centuries. This can include both European feminist religiosity and Russian Khlystovism, sophiology together with the religious and poetic tradition of the Silver Age, and the ideas of alternative catacomb Orthodoxy of the early Soviet, Soviet, and post-Soviet periods.
Keywords: Icon “Resurrecting Russia”, Abode of Light, Frolova S. R., Matushka Fotinia, Great Mother, Wiccanism, female priesthood, sophiology, Silver Age.
Bibliographic list of articles
1. Sobko R.V., Spirin V.K., Tretyakov I.S. Christology and pneumatology of Mother Photinia: on the question of the religious affiliation of the cult of Frolova S.R. // Eurasian Legal Journal. – 2023. – No. 9 (184). – pp. 323-325. – EDN COOONM.
2. Sobko R.V., Spirin V.K., Tretyakov I.S. Is the cult in honor of the icon “Resurrecting Rus’” Mariological? // Eurasian legal journal. – 2023. – No. 8 (183). – pp. 528-530. – EDN UUAJZD.
3. The Secret of Elder Theodosius: The Legend of the Life and Miracles of the “Jerusalem Father” – Rev. Theodosius of the Caucasus / Anna Ilyinskaya. – Moscow: Pravoslav. pilgrim: Journal. “Verbs of Life”, 1997. – 238 p., [2] l. ill.: ill., portrait, fax; 20 cm. – (Pilgrim Library)
4. Sobko R.V. Union of scarlet and white roses (religious and philosophical feuilleton) // Damascene. – 2014. – No. 4 (29). – P. 42-52. – EDN LXOOQF.
5. Newspaper “Temple of Light” No. 1. [Electronic resource]. – Access mode: https://hram-vr.narod.ru/gazeta-hram-sveta1.pdf (date of access: 04/19/2024).
6. Doyle White E. Wicca: History, belief, and community in modern pagan witchcraft. Eastbourne. – Chicago: Sussex Academic Press, 2016
7. Witches for Putin. Magic ritual. (2020). [Electronic resource]. – Access mode: https://www.youtube.com/watch?v=gqrGLPIgiNY (date of access: 04/19/2024).
8. Dyachenko T. A. Oriental motifs and images in Russian poetry 1880-1890: Diss. Ph.D. Philol. Sci. ASU named after Tatishcheva. Astrakhan, 2024 – 165 p. [Electronic resource]. – Access mode: https://vgpu.org/sites/default/files/disfiles/dissertations/dissertaciya_dyachenko_t.a.pdf (date of access: 04/19/2024).
PHILOSOPHY. RIGHT. SOCIETY
KHARCHENKO Denis Olegovich
lecturer of the 16th Department of Information Support of the Prince Alexander Nevsky Military University of the Ministry of Defense of the Russian Federation
A SPECIAL MILITARY OPERATION IN UKRAINE AS A WAY TO COMBAT THE NEGATIVE MANIFESTATION OF SUPERMAN
Abstract. In this article, the author examines the problem of superman and his negative manifestations on a global scale from the perspective of social philosophy. The author defines the origins of the concept of “superman” and analyzes the ways to achieve such a state from the point of view of various researchers. The article also describes proxy wars as one of the methods of world domination. The rejection of moral principles, moral attitudes and the desire for power, to impose their own rules, invested by F. Nietzsche’s concept of “superman” has become a guide to action in the United States and NATO countries, which seek to maintain leadership positions in geopolitics. The author points out that the special military operation in Ukraineis a retaliatory and forced measure against the actions of Western countries in attempts to establish their own rules. At the same time, it is noted that many Eurasian countries are ready to unite in order to prevent the imposition of someone else’s ideology and come to a multipolar world, where many even small but strong states can influence world processes. Russia, relying on its traditional values, on support, assistance, respect for foreign culture and interests, is trying to suppress the negative manifestations of superpowers by conducting its own.
Keywords: superman, superpower, will to power, proxy war, special military operation, moral values.
Bibliographic list of articles
1. Lawrence J. S, Jewett R. Captain America and the crusade against evil: the dilemma of zealous nationalism. Grand Rapids, Michigan: Wm. B. Eerdmans Publishing, 2004. P. 29-31.
2. Rondeaux C., Sterman D. Twentyfi rst Century Proxy Warfare. Confronting Strategic Innovation in a Multipolar World. [Electronic resource]. – Access mode: https://www.newamerica.org/international-security/reports/twentyfirst-century-proxy-warfare-confrontingstrategic-innovation-multipolar-world/ (access date: 03.13.2024).
3. Bartosh A. A. Proxy war as a determining factor in military conflicts of the 21st century // Military Thought. 2023. No. 5. P. 61-74.
4. Belyaev D. A. Specificity of the linguistic-semantic existence of the term/concept “superman” in the German, Russian and English language traditions // Fundamental Research. 2013. No. 4. Part 2. P. 511-514
5. Belyaev D. A. Philosophical definition of superman // Izv. Sarat. un-ta. New ser. Ser. Philosophy. Psychology. Pedagogy. 2014. T. 14. Issue. 3. pp. 9-14. P. 10.
6. Bovdunov A. Superman and the American political tradition // Geopolitics. Information and analytical publication. M., 2011. Issue VIII. P.35-43.
7. Golovko L.V. The US proxy war against Russia in Ukraine: origins, goals and course of the first year of military operations // Military Historical Journal. 2023. No. 10. P. 116-118.
8. Znamensky S.P. “Nietzsche’s Superman” // Nietzsche.ru. – [Electronic resource]. – Access mode: https://nietzsche.ru/look/century/znamenski/ (access date 03/13/2024)
9. Isachenko N. N. The idea of a “superman” in philosophical discourse // Fundamental Research. 2014. No. 11 (part 9). pp. 2086-2089.
10. Lucian. Selected Prose. M.: True. 1991. 720 p.
11. Mikryukov V. Proxy war // Research Center for National Security Problems. [Electronic resource]. – Access mode: https://nicpnb.ru/analytics/proksi-vojna/ (date of access: 01/20/2023)
12. Nebrenchin S. M. Special military operation in Ukraine – 2022: war with the collective West // Materials of the Fifth International Scientific and Practical Conference “Greater Eurasia: National and Civilizational Aspects of Development and Cooperation.” 2023. Issue 6. Part 1. pp. 287–290.
13. Address by the President of the Russian Federation on February 24, 2022. // Website of the President of Russia. [Electronic resource]. – Access mode: http://www.kremlin.ru/events/president/news/67843 (date accessed 03/13/2024).
14. Solovyov V.S. Works: in 2 volumes. M., 1988. T. II. 822 pp.
PHILOSOPHY. RIGHT. SOCIETY
FARKHITDINOVA Olga Mikhaylovna
Ph.D. in philosophical sciences, associate professor, associate professor of Ontology and theory of cognition (Section of Religious Studies) sub-faculty of the first President of Russia B. N. Yeltsin Ural Federal University, Yekaterinburg
RELIGIOUS STUDIES EXPERTISE: THE PROCESSES OF INSTITUTIONALIZATION, THE FORMATION OF METHODOLOGY AND RESEARCH DIRECTIONS IN MODERN RUSSIA
The article analyzes the stages of the formation of religious studies expertise. The reasons and factors influencing its institutionalization in modern Russia are shown. The author substantiates the thesis that religious research of information materials as a type of expert activity is not identical to religious research in the field of religious studies, requires a special methodology, methods of posing questions, formulations of problems. New ways of displaying religious meanings are shown, in such types of digital symbolic codes as memes and hashtags. It is concluded that the system of digital narratives (narratives), in which the ontology of religion is manifested, has led to changes in the fields of perception of religion, the generation of new meanings indirectly related to religion, their hybridization, which became the reason for the formation of judicial religious expertise.
Keywords: religious studies expertise, judicial religious studies expertise, institutionalization processes, methodology of new types of expertise, religious ontology.
Bibliographic list of articles
1. Astapov S. N. Rereligious studies aspect of examination in cases of insult to religious beliefs and feelings // Theory and practice of forensic examination. – 2017. – T. 12. No. 1. – P. 99.
2. Zagrebina I.P. State religious studies examination: theory and practice. – M.: Publishing House “Jurisprudence”, 2012. – 224 p.
3. Illarionov S.V. Theory of knowledge and philosophy of science. – M.: “Russian Political Encyclopedia” (ROSSPEN), 2007. – 535 pp.
4. Lunkin R. N. Churches in politics and politics in churches. How modern Christianity is changing European society. – M.: IE RAS: Nestor-History, 2020. – 488 p.
5. Nikishin V.D. Verbal religious extremism. Legal qualifications. Expertise. Judicial practice / Ed. E.I. Galyashina. – Moscow: Prospekt, 2019. – 240 pp.
6. Pivovarov D.V. Culture and religion: sacralization of basic ideals. – Ekaterinburg: Ural Publishing House. University, 2013. – 248 p.
7. Sekerazh T. N., Kuznetsov V. O. Research of information materials – a current direction of forensic activity // Journal “Law”. – No. 10, October. – 2019. – pp. 80-89.
8. Torchinov E. A. Religions of the world: experience of the beyond. Psychotechnics and transpersonal states. – St. Petersburg: “ABC-classics”, “Petersburg Oriental Studies”, 2005. – 544 p.
9. Fedorchenko S. N. The power of the algorithm: technologies for legitimizing political regimes in the conditions of digitalization. – Moscow: Prospekt, 2023. – 480 pp.
10. Elbakyan E. S. Metamorphoses of institutional religiosity // Bulletin of the Leningrad State University named after A. S. Pushkin. – 2023. – No. 3. – P. 153-170.
PHILOSOPHY. RIGHT. SOCIETY
SHAYKHUTDINOVA Irina Irikovna
senior lecturer of the Ufa University of Science and Technology
LUKMANOVA Regina Aidarovna
postgraduate student of the 3rd year of study of the Ufa University of Science and Technology
DEVELOPMENT OF STUDENT VOLUNTEER ACTIVITY
The paper analyzes the current state and prospects for the development of student volunteer activities. The factors influencing student involvement in volunteering, as well as the role of the university in supporting and developing this area are considered. The article is based on the results of a study conducted among university students. The authors analyze the motivations and barriers faced by student volunteers, and also identify the most popular areas of volunteer activity. The study showed that student volunteer activity is an important factor in the formation of civic responsibility and social activity of young people, based on altruistic thought.
Keywords: volunteering, volunteering, educational institution, student, sociological survey, society.
Bibliographic list of articles
1. Google form. The role of volunteering. [Electronic resource] – Access mode: https://docs.google.com/forms/d/e/1FAIpQLSd5LwGg6xcaa6z-a6lnMQCE97Qq_9646GDeZH6a-bckOmV8ug/viewform?usp=sharing
2. Lukmanova R. A., Shaikhutdinova I. I. The role of the volunteer in the modern world // Bulletin of the Bashkir State Pedagogical University. M. Akmulla. – 2023. – T. 1. – No. S1 (66). – pp. 197-202.
3. Shaikhutdinova I. I., Lukmanova R. A. Historical aspects of the development of charity and mentoring in Russia. In the collection: Mavlyutov’s readings. materials of the XVI All-Russian Youth Scientific Conference. – Ufa, 2022. – pp. 1343-1352.
4. Shaikhutdinova I. I., Lukmanova R. A. Charity and mentoring // Man. Society. Culture. Socialization: materials of the XVIII International Youth Scientific and Practical Conference / Ed. T. Z. Urazmetova. – Ufa: Print+ LLC, 2022. – P. 305-312.
5. Rakhmatullina Z. Ya. The world rests on culture: philosophical understanding: monograph. – Ufa: RIC BashSU, 2021. – pp. 8-9, 85-87.
6. Kholina O. Volunteering as a social phenomenon of modern Russian society. // Theory and practice of social development. – M., 2011. – No. 8. – P. 71-73.
7. Bodrenkova G. K., Karavaeshnikov S. V. Systematic development of youth volunteering in the context of promoting a healthy lifestyle. Guidelines. – M., 2011. – 88 p.
8. Fromm E. To have or to be. – M.: Progress, 1986. – P. 69-74, 113-115, 126, 130-131, 136, 160-161.
PHILOSOPHY. RIGHT. SOCIETY
DIKHTEMIROV Mikhail Sergeevich
competitor of the Ph.D.
THE RUSSIAN EXPERIENCE OF SOCIO-PHILOSOPHICAL REFLECTION ON THE PHENOMENON OF MIGRATION (based on the materials of the RSL dissertation Fund)
The review article discusses the content of one of the complex and multifaceted concepts of some human sciences – “migration”. The purpose of the article is to analyze the specifics socio-philosophical discourse study of migration research. The scientific novelty of the article is implementation of the socio-philosophical discourse as an approach in social philosophy, which allowed expanding the ways of understanding migration, isolating the links between migration as part of the social process and the methodological basis of social philosophy, and also tracing the multiple meanings of the phenomenon under study. The methodological basis of the research is the discourse analysis of scientific texts (articles, abstracts of dissertations) of social philosophers who are involved in the study of migration processes. The structure of the article in addition to the introductory and final parts includes four thematic blocks, which reveal various socio-philosophical aspects of migration. The logic of the formation of these blocks is based on the content of those researches which were used by the author in the course of writing this study. The results of the study. The analysis of the sources, carried out by the author, gives grounds to assert that in the reflexive field of social philosophy, this concept is not fully reflected in the scientific discourse. As a social and objective phenomenon in socio-philosophical discourse, migration appears: in the form of social matter; as a movement of people between collectivist and individualistic types of sociality; a way to ensure the survival of mankind; how extraterritorial communities are constructed; spatial expression of the social reproduction of human life, intellect and culture; one of the most important forces in the internal organization of society; a factor that simultaneously destabilizes and consolidates society; a factor in the transformation of the socio-cultural space, both a separate region and the whole world; the subject of both the production of risks and their management; as part of the process of globalization of the world; as a special form of sociality. In turn, at the individual level, migration can act: in the form of a person’s desire to survive, to realize a certain goal or lifestyle; as a way to gain freedom; as a reaction to social reality and possible threats; as an opportunity for human development; as a set of extended, recombining, successive types of activity; as part of the human development process.
Keywords: migration; society, socio-philosophical discourse, socio-philosophical reflection, subject field of social philosophy.
Bibliographic list of articles
1. Irkhin Yu. V. Discourse analysis: essence, approaches, methodology, design // Social and humanitarian knowledge. 2014. No. 4. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/diskurs-analiz-suschnost-podhody-metodologiya-proektirovanie (date of access: 02/13/2022).
2. Preobrazhenskaya N. M. Migration in the context of globalization: social and philosophical aspects: abstract of thesis. … Candidate of Philosophical Sciences: 09.00.11; [Place of protection: Moscow. state University named after M. V. Lomonosov. Philosophy fak.]. Moscow, 2007. 26 p.
3. Mochkina V. Kh. Migration as a way of existence of society: Social and philosophical analysis: abstract of thesis. … Candidate of Philosophical Sciences: 09.00.11 / Siberian Aerospace. acad. them. acad. M. F. Reshetneva. Krasnoyarsk, 2006. 22 p.
4. Drokin M. S. Social and philosophical analysis of the phenomenon of migration: abstract of thesis. … candidate of philosophical sciences: 09.00.11 / Ivanovo State. University”. Ivanovo, 2010. 24 p.
5. Metelev I. S. Social and philosophical aspects of migration // Power. 2010. No. 12. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sotsialno-filosofskie-aspekty-migratsii/viewer (access date: 03.15.2022).
6. Metelev I. S. Social and philosophical principles of migration analysis // ONV. 2011. No. 4 (99) [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sotsialno-filosofskie-printsipy-analiza-migratsii (date of access: 03.15.2022).
7. Verpatova O. Yu. Migration in the context of a globalizing sociocultural space: socio-philosophical analysis: abstract of thesis. … Candidate of Philosophical Sciences: 09.00.11; [Place of protection: Moscow. state region University]. Mytishchi, 2018. 28 p.
8. Volkov E.V. Migration processes in the context of globalization: sociocultural aspect: abstract of thesis. … Candidate of Philosophical Sciences: 09.00.11; [Place of protection: Krasnodar. University of the Ministry of Internal Affairs of Russia]. Krasnodar, 2010. 26 p.
9. Shumenko M. A. Ethnic migration in the context of intercultural interactions: abstract of thesis. … Candidate of Philosophical Sciences: 09.00.13; [Place of protection: South. federal University]. Rostov-on-Don, 2009. 22 p.
10. Dyzhin S. E. Migration processes in a risk society: socio-philosophical analysis: abstract of thesis. … Candidate of Philosophical Sciences: 09.00.11; [Place of protection: Sa-rat. national research state University named after N. G. Chernyshevsky]. Saratov, 2019. 20 p.
11. Litvinova I. A. Social networks of adapting migrants as a subject of philosophical analysis: abstract of thesis. … Candidate of Philosophical Sciences: 09.00.11; [Placesabout protection: Novosib. state tech. University]. Novosibirsk, 2010. 26 p.
12. Motalov Yu. G. Regional community and ethnic migrants: social and philosophical analysis of the correlation of needs: abstract of thesis. … Candidate of Philosophical Sciences: 09.00.11; [Place of protection: Moscow. state tech. University named after N. E. Bauman]. Moscow, 2013. 23 p.
13. Kachalov P. N. Demographic aspect of the reproduction of social space: socio-philosophical analysis: abstract of thesis. … Candidate of Philosophical Sciences: 09.00.11; [Place of protection: Chuvash. state University named after I. N. Ulyanova]. Saransk, 2009. 20 p.
14. Veselkova E. O. Social and philosophical analysis of Russian emigration: abstract of thesis. … Candidate of Philosophical Sciences: 09.00.11; [Place of protection: Tver. state University]. Tver, 2011. 19 p.
15. Khaitov F.K. Sociocultural features of the manifestation of migration processes in Tajikistan: socio-philosophical analysis: abstract of thesis. … Candidate of Philosophical Sciences: 09.00.11; [Place of defense: Institute of Philosophy named after. acad. A. M. Bogoutdinova AN Rep. Tajikistan]. Dushanbe, 2011. 20 p.
16. Dikhtemirov M. S. Migration factors as a mirror of the state of society (based on the analysis of migration processes in the Republic of Crimea) // Scientific journal “Aspirant Bulletin of Povolozhye”. 2021. No. 3-4 [Electronic resource]. – Access mode: https://elibrary.ru/item.asp?id=47302188 (date of access: 04/16/2022).
PHILOSOPHY. RIGHT. SOCIETY
EPIFANTSEVA Anastasiya Eduardovna
student of the Far Eastern Federal University, Vladivostok
MOROZOVA Angelika Albertovna
student of the Far Eastern Federal University, Vladivostok
SAFONOVA Asya Yurjevna
student of the Far Eastern Federal University, Vladivostok
PHILOSOPHICAL PARADIGMS AND SOCIOLOGICAL ANALYSIS OF CONFLICTS IN MODERN SOCIETY
This article is devoted to the study of conflicts in modern society through the prism of philosophical and sociological paradigms. Classical and modern philosophical theories of conflict are considered, including dialectical, existential approaches, paradigms of justice and recognition. Sociological theories such as functionalism, conflictology, and symbolic interactionism complementary philosophical concepts by providing empirical evidence and analysis of social structures. A comparative analysis of philosophical and sociological approaches is carried out, their similarities and differences are revealed. The philosophical aspects of conflicts, including ethical, metaphysical and epistemological dimensions, are investigated. Sociological analysis focuses on the influence of social structures, changes and groups on the dynamics of conflicts. The article emphasizes the importance of an interdisciplinary approach combining philosophical and sociological theories for a comprehensive understanding and effective conflict resolution, which contributes to social harmony and progress.
Keywords: conflict, philosophical paradigms, sociological analysis, dialectics, existentialism, justice, recognition, functionalism, conflictology, symbolic interactionism, social structures, ethics, metaphysics, epistemology, interdisciplinary approach.
Bibliographic list of articles
1. Ziyazov R. A., Khramova K. V. Social and philosophical foundations of interinstitutional conflicts in the modern world // CyberLeninka. – 2020.
2. Sycheva E. Yu., Kusova L. N., Timofeeva V. A. Discourse of the nature of conflict in classical sociology // CyberLeninka. – 2020.
3. Solomatina E. N. Modern theories of conflict resolution // CyberLeninka. – 2020.
4. Sukhov A. N., Social structure of society: social, philosophical and sociological problems // CyberLeninka. – 2020.
5. Petrovskaya L.I. Methods of prevention and resolution of political conflicts // Political science. – 2021. – No. 4. – P. 45-59.
6. Ivanova M. S. Philosophical aspects of social conflicts // Bulletin of philosophy and sociology. – 2022. – T. 34. No. 2. – P. 89-104.
PHILOSOPHY. RIGHT. SOCIETY
IKHSANOV Artur Uralovich
postgraduate student of the Higher School of Philosophy and Sociology of the Ufa University of Science and Technology
ETHNOCULTURAL IDENTITY IN THE CONTEXT OF GLOBALIZATION
The article is devoted to the consideration of problems of ethnocultural identity in the context of globalization. The author notes that in the context of globalization, the development trends of ethnic groups are becoming more complex and diverse, when the borders between countries are erased, and communication becomes global, then the issues of preserving the uniqueness and originality of each ethnic group become especially relevant. Culture, being a living and dynamic phenomenon, is also constantly changing and developing under the influence of external and internal factors; globalization, in turn, is one of these external factors.
Keywords: culture, globalization, ethnicity, ethnocultural identity, unification, standardization, spiritual culture, nationality, identity, mythology, ideology, material culture, politics, post-industrial society.
Bibliographic list of articles
1. Mukhutdinova T.Z., Khrapal L.R. Cultural globalization and environmental education of the modern pedagogical community. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kulturnaya-globalizatsiya-i-ekologicheskoe-obrazovanie-sovremennogo-pedagogicheskogo-soobschestva.
2. Semenova V. G., Skorokhodova O. S., Zozulya P. Yu. Representation of Bashkir national interests in the political process of modern Russia: mechanisms, institutions, informal practices // News of Saratov University. New episode. Series: Sociology. Political science. – 2021. – T. 21. Issue. 2. – pp. 226-232. This article is published under the terms of the Creative Commons Attribution License (CC-BY 4.0) Available at: https://doi.org/10.18500/1818-9601-2021-21-2-226-232.
3. Usmanova A. Sh. Karimova D. M. The problem of ethnocultural identity in the context of globalization. 2019. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/problema-etnokulturnoy-identichnosti-v-usloviyah-globalizatsii.
A. V. Kirilchenko:
Uniform application of law as a guarantor of Eurasian integration
Interview with Kirilchenko Alexander Viktorovich, advisor, lawyer, head of the practice of customs law and international trade of the law firm BGP Litigation.
INTERNATIONAL LAW
MISHALCHENKO Marya Yurjevna
senior lecturer of Civil and commercial law sub-faculty of the St. Petersburg State Maritime Technical University
INTERNATIONAL LEGAL ASPECTS OF ENERGY COOPERATION OF THE EAEU MEMBER STATES
The article examines international legal issues related to interstate interaction within the EAEU in the energy sector, analyzes the main directions of legal cooperation of the EAEU member states on the supply of energy resources and examines the main legal conflicts that impede the strengthening of integration interaction in the energy sector in Eurasia.
Keywords: Eurasian Economic Union, international law, energy cooperation in the EAEU, legal acts of the EAEU, integration, globalization.
Bibliographic list of articles
1. Anufrieva L.P. On some theoretical approaches to the law of Eurasian integration and its institutionalization // LexRussica. – 2017. – No. 9. – P. 116-126.
2. Glikman O. V. International energy law in the system of international law // International Legal Courier. – 2020. – No. 1-2. – pp. 72-77.
3. Glikman O. V. The role of international law in ensuring Russia’s interests within the framework of energy cooperation with Eurasian states // Greater Eurasia: development, security, cooperation. – 2021. – No. 4-1. – pp. 176-180.
4. Gribanich V. M., Sukhanov A. A. Development of energy cooperation between the states of the Eurasian Economic Union // Innovations and investments. – 2019. – No. 7. – P. 65-67.
5. Magomedaliev A. S., Sopilko N. Yu. Progress in the formation of common energy markets of the Eurasian Economic Union: results, tasks and prospects // Innovations and investments. – 2018. – No. 3. – P. 93-96.
6. Migranyan A. A., Shavina E. V. Formation of common markets for electricity and gas in the EAEU: market models, barriers and solutions // Contours of global transformations: politics, economics, law. – 2019. – T. 12. No. 6. – P. 220-245.
7. Romanova V.V. Formation of common energy markets of the member states of the Eurasian Economic Union // Legal Energy Forum. – 2015. – No. 1. – P. 16-22.
8. Shorokhova E. O. Prerequisites for energy integration of the states of the Eurasian Union // Oil, gas and business. – 2015. – No. 4. – P. 27-30.
INTERNATIONAL LAW
NGATHEYO Akony Chany Pavel
senior lecturer of Constitutional and international law sub-faculty of the Institute of Law of the Belgorod National Research State University
PASENOV Alexandros Nikolaevich
associate professor of Constitutional and international law sub-faculty of the Institute of Law of the Belgorod National Research State University
THE ADVISORY ROLE OF THE AFRICAN COURT ON HUMAN AND PEOPLES’ RIGHTS WITHIN THE AFRICAN UNION
The article discusses the role of the African Court on Human and Peoples’ Rights (AfCHPR) as legal adviser to the African Union (AU). This role epitomizes the Court’s integration within the AU structure. To examine this role, the authors reveal the essence of the advisory jurisdiction of the African Court and, based on the analysis of the Court’s advisory jurisprudence, the authors examine how the African Court has interpreted the rules on its personal jurisdiction.
Keywords: advisory opinion, advisory jurisdiction, request, African Union, African Court of Human and Peoples’ Rights, African Charter, Protocol, African Committee on the Rights of the Child, Pan-African Parliament .
Bibliographic list of articles
1. Request for Advisory Opinion No. 001/2021 on the application of the principle of regional rotation in the context of the elections of the Bureau of the Pan-African Parliament (PAP), submitted by the Pan-African Parliament. – [Electronic resource]. – Access mode: https://www.african-court.org/cpmt/fr/details-advisory/0012021 (access date: 04/15/2024).
2. Request for Advisory Opinion No. 002/2013 on the status of the African Committee of Experts on the Rights and Welfare of the Child before the African Court of Human and Peoples’ Rights, filed by the African Committee of Experts on the Rights and Welfare of the Child. – [Electronic resource]. – Access mode: https://www.african-court.org/cpmt/fr/details-advisory/0022013 (access date: 04/15/2024).
3. Protocol establishing the African Courton Human and Peoples’ Rights of June 10, 1998 (date of access: 04/15/2024).
4. Constituent act of the AC, article 17. – [Electronic resource]. – Access mode: https://au.int/sites/default/files/pages/34873-file-constitutiveact_en.pdf (access date: 04/15/2024).
5. Patient Mpunga Biayi. La fonction consultative de la Cour africaine des droits de l’Homme et des peuples: Heurs et malheurs des avis du juge régional des droits de l’Homme. – L’Observateur des Nations Unies. – 2023. – 55 (2). – Рp. 79.
6. Murray R. The Human Rights Jurisdiction of the African Court of Justice and Human and Peoples’ Rights, in C.C. Jalloh et K.M. Clarke (eds.), The African Court of Justice and Human and People’s Rights in Context: Development and Challenges. – United Kingdom, Cambridge University Press, May 2019. – Pp. 968-969.
INTERNATIONAL LAW
PARAMUZOVA Olga Gennadjevna
Ph.D. in Law, associate professor of International and humanitarian law sub-faculty of the Northwestern Institute of Management of the Russian Presidential Academy of National Economy and Public Administration, St. Petersburg
THEORETICAL AND LEGAL DISCOURSE ON THE NATURE OF INTERNATIONAL ATOMIC LAW IN THE LIGHT OF MODERN REALITIES
The current state of international relations is characterized by an extreme degree of instability and inconsistency. Positioning the role of international law in the light of real threats and challenges to the existence of the human community urgently requires scientific research on both fundamental international legal values in order to qualitatively update and adapt them to modern realities, as well as the implementation of a deep full-scale theoretical and legal analysis of relatively new and not yet fully determined areas of legal regulation of universal international law. Taking into account the above circumstances, this study was conducted on such far from simple controversial issues of international legal science as the nature of international atomic law in the light of modern realities.
Keywords: international atomic law, nuclear illegality, nuclear non-proliferation in a broad sense, modern international legal order.
Bibliographic list of articles
1. Alimov R. The role of the Shanghai Cooperation Organization in countering threats to peace and security. – [Electronic resource]. – Access mode: https://www.un.org/ (date of access: 06/09/2023).
2. Boynov E.I. Issues of legal support for countering nuclear terrorism in Russia // Bulletin of the Russian University of Cooperation. – No. 6. – 2015. – P. 183-187.
3. Valeev R. M. International environmental law. – M., 2012.
4. Gavrilov V.V. International and national legal systems: concept and main directions of interaction. Abstract of the dissertation for the degree of Doctor of Law. – Kazan, 2006.
5. Grotius Hugo. On the law of war and peace: reprint from the 1956 edition. – M., 1999.
6. Kirilenko V.P., Pidzhakov A.Yu. Nuclear terrorism in modern world politics. – M., 2004.
7. Klimovskaya V. A. Shanghai Cooperation Organization as a central element of the Asian security system // Bulletin of the student scientific society of the Donetsk National University. – 2019. – No. 11. – Vol. 2. – pp. 271-281.
8. Kukushkina A.V. International legal aspects of environmental safety at the present stage // Bulletin of Tomsk State University. – 2020. – No. 450. – P. 218-225.
9. Lukin A.V. Problems and prospects for the development of the Shanghai Cooperation Organization: expert opinions. – 2011. – [Electronic resource]. – Access mode: https://www.mgimo.ru>2021/04 (date of access: 06/09/2023).
10. Features of international legal regulation of the peaceful use of nuclear energy // International Law. In 2 volumes. T. 2: textbook for academic undergraduate education / Ed. A. N. Vylegzhanina. – M., 2020. – P. 446-451.
11. Paramuzova O. G. Theoretical and legal analysis of the factors of influence of nuclear activity on the state of the environment in the context of nuclear non-proliferation // Norweging Journal of Development of the International Science. – 2020. – No. 42. – P. 49-54.
12. Paramuzova O. G. Nuclear demilitarization and neutralization, creation and maintenance of the status of nuclear-free zones (modern international legal realities) // Polish Journal of science. – 2021. – No. 42. – P. 45-54.
13. Paramuzova O. G. Problems of banning nuclear tests in modern conditions (international legal aspects) // Higher school: scientific research. Materials of the interuniversity international scientific congress. – Moscow, January 20. – 2022. – pp. 22-24.
14. Problems and trends in legal regulation in the field of peaceful use of nuclear energy / Monograph, ed. V.V. Romanova. – M., 2017.
15. PrForecasted challenges and threats to the national security of the Russian Federation and directions for their neutralization / Ed. ed. A. S. Korzhevsky. – M., 2021.
16. Prokhozhev A. A. General theory of national security: Textbook for universities. Ed. 2. – M., 2005.
17. Khilko A. S. Legal protection of the environment from contamination by radioactive substances // Collection of articles of the LX International Scientific and Practical Conference. – Penza, 2021.
18. Nuclear tests of the USSR. Semipalatinsk test site: ensuring the general and radiation safety of nuclear tests / Team of authors under the leadership of V. A. Logachev. – M., 1997.
19. Yakubovskaya E. Ya., Nalibin V. I., Suslin V. P. Semipalatinsk nuclear test site: yesterday, today, tomorrow. – Novosibirsk, 2000.
20. Jaspers K. The meaning and purpose of history. – M., 1994.
INTERNATIONAL LAW
SHKIPEROV Anton Alexandrovich
assistant to the President of the Association of Ship-owners of the Fishing Fleet (ASRF), adviser to the General Director of the Association of Business Partners in the Field of Foreign Economic Activity (ADP FEA), member of the Customs Affairs Committee of LLC SME “OPORA ROSSIYA”
ARTEMOV Gennadiy Anatoljevich
Ph.D. in Law, associate professor of Constitutional and international law sub-faculty of the Russian Customs Academy
CURRENT PROBLEMS OF PROTECTING THE NATIONAL INTERESTS OF THE RUSSIAN FEDERATION WITHIN THE FRAMEWORK OF THE EURASIAN ECONOMIC UNION. ON THE EXAMPLE OF EXTRACTION (CATCH) OF THE AQUATIC BIOLOGICAL RESOURCES
The Eurasian Economic Union (EAEU) is one of the forms (stages) of economic integration of states that have and pursue their national interests, realizing them through, among other things, legal methods and means, taking into account the benefits and advantages associated with in-depth and expanded economic and other cooperation within the framework of Eurasian economic integration. Meanwhile, the legal principles of equality and equity of the EAEU member states in the development and adoption of decisions by them, their legal consolidation in some cases may be a factor hindering effective development, as well as the protection of some national industries and sectors of the economy. , contradictions arise between artificial (contractual) legal equality and natural economic differences, objective needs to adequately respond to external Thus and internal threats, ensuring national, including economic security, and the need to follow union agreements and obligations.
The Russian Federation has been and remains a key economic and political link and a driving factor of Eurasian integration at all stages of its development. The next (with the exception of the monetary union) final, unique and natural stage of integration development is the full integration of states, that is, the creation of a political union. Meanwhile, the EAEU member states are focused on the Russian Federation to a greater extent not strategically, but only economically, in continuation and development of the economic ties with Russia that developed during the existence of the USSR and economic dependence on the Russian economy.
These problems related to the legal protection and implementation of the national interests of the Russian Federation within the framework of the EAEU seem to be the most indicative on the example of marine industrial fishing as one of the most developed and strategically important sectors of the national economy .
Keywords: state sovereignty, customs law, marine industrial fisheries, Eurasian Economic Union, EAEU law, national interests.
INTERNATIONAL LAW
ALIEVA Madina Nizamovna
Ph.D. in Law, associate professor of Constitutional and international law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
BEKISHEV Magomed Shamilovich
magister student of the 2nd course of Constitutional and International law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
DRUG DISTRIBUTION AND TRAFFICKING AS A SOCIAL AND LEGAL PROBLEM
The article analyzes the problem of the spread of drug addiction as a social and legal phenomenon. The author conducts a historical analysis of drug use in different periods over the centuries. It is noted that already in the 20th century drug addiction is becoming a social problem, causing enormous harm to all humanity. The article examines international legal norms developed to control the spread of drugs, contained in such fundamental acts as: the New York (Single) Convention on Narcotic Drugs of 1961, the Convention on Psychotropic Substances of 1971, the United Nations Convention on Drug Control against illicit trafficking in narcotic drugs and psychotropic substances of 1988. Particular attention is paid to one of the effective mechanisms in the fight against drug abuse – the United Nations Office on Drugs and Crime.
Keywords: drug addiction, narcotic drugs, social and legal aspect, distribution, prevention.
Bibliographic list of articles
1. Toropygina A.V. Socio-political problems of combating illegal drug trafficking: abstract of thesis. …cand. watered Sci. – Moscow, 2014. – 21 p.
2. World Drug Report 2023. [Electronic resource]. – Access mode: https://www.eegyn.com/pdf/WDR_2023_pressrelease_rus.pdf (access date: 03/06/2024).
3. Fedulov A.V. International cooperation in the field of drug control: socio-political aspects: abstract of thesis. …cand. watered Sci. – Moscow, 2007. – 25 p.
4. Pasenov A. N., Medvedeva P. N. International legal regulation of the fight against drug trafficking // International Journal of Humanities and Natural Sciences. – 2023. – Vol. 12-3 (87).– pp. 244-247.
INTERNATIONAL LAW
BATALOV Alexander Alexandrovich
Ph.D. in Law, LL.M. in International Air and Space Law (Leiden University), Alternate Representative of the Russian Federation to the International Civil Aviation Organization (ICAO)
ISSUE OF SUBJECT-MATTER OF INTERNATIONAL AIR LAW: FROM AIR LAW TO THE LAW OF THE ATMOSPHERE?
This article examines problems and certain new trends of holistic approach to international legal regulation of use of airspace and protection of the atmosphere. It is questioned whether differentiation of the concepts of “atmosphere” and “airspace” is justified from point of view of international law and whether the legal regimes governing use of airspace and protection of the atmosphere and the underlying principles should be separated from each other. It is concluded that as soon as fragmentation of international legal regimes of use airspace and protection of the atmosphere is eliminated and after deeper reevaluation by States and international community as a whole of their approach towards use and protection of the atmosphere as a global natural resource absolutely necessary for maintaining life on Earth, certain harmonization of international legal regulation of different uses of airspace and legal regime of protection of the atmosphere will be achieved. One should not exclude that such harmonization will occur within the framework of international air law, which in this case will transform from “aviation law” into more complex “law of the atmosphere.”
Keywords: international air law, protection of the atmosphere, airspace, civil aviation, greenhouse gases.
Bibliographic list of articles
1. International law course. In 7 volumes, Moscow / Edited by V. S. Vereshchetin. – Volume 5. – Moscow: Publishing House “Nauka”, 1992. – P. 336.
2. Kruglova I. A. Legal status of air space at the present stage: abstract. dis. …cand. legal Sci. – Moscow, 2005. – P. 23.
3. Maleev Yu. N. International air law: Questions of theory and practice. – M.: International Relations, 1986. – P. 240.
4. International air law. Book 1 / Ed. A. N. Movchan. – Moscow: Publishing House “Nauka”, 1980. – P. 352.
5. Samorodova E. A. International legal problems of the development and adoption of a universal (universal) convention on air law: abstract. dis. …cand. legal Sci. – Moscow, 2009. – P. 34.
6. Bogojevic S. Legalizing Environmental Leadership: A Comment on the CJEU’s Ruling in C-366/10 on the Inclusion of Aviation in the EU Emissions Trading Scheme // Journal of Environmental Law. – 2012. – Volume 24. – Issue 2. – Pp. 345-356.
7. Havel B. F. and Mulligan J. Q. The Triumph of Politics: Reflections on the Judgment of the Court of Justice of the European Union Validating the Inclusion of Non-EU Airlines in the Emission Trading Scheme // Air & Space Law. – 2012. – No. 1. – Pp. 3-33.
8. Mayer B. A Review of the International Law Commission’s Guidelines on the Protection of the Atmosphere // Melbourne Journal of International Law. – 2019. – Volume 20. – Pp. 1-40.
9. Mendes de Leon P. Introduction to Air Law. – The Hague, Netherlands: Kluwer Law International. – 2017. – P. 576.
10. Sand P. H., Wiener J. B. Towards a New International Law of the Atmosphere? // Goettingen Journal of International Law. – 2016. – No. 2. – Pp.195-223.
INTERNATIONAL LAW
GRIBKOV Timur Dmitrievich
bachelor of the Faculty of International Relations of the St. Petersburg State University
MATVEEVSKAYA Anna Sergeevna
Ph.D. in geographicalsciences, associate professor of World politics sub-faculty of the Faculty of International Relations of the St. Petersburg State University
INSTITUTIONS OF HUMANITARIAN COOPERATION OF TURKEY IN CENTRAL ASIA
The study will attempt to assess the activities of Turkey’s humanitarian policy institutions in Central Asian countries. The focus of the study is on the activities of the Turkish Cooperation and Coordination Agency (TIKA), the International Organization of Turkic Culture (TÜRKSOY), and the Maarif Foundation. Determining the nature of their work allows for an assessment of the prospects for humanitarian cooperation between countries and its significance in the foreign policy of the Republic of Turkey. It is concluded that humanitarian cooperation is an important component of the Central Asian course in the foreign policy of the Turkish Republic.
Keywords: Turkey, TIKA, TÜRKSOY, Maarif, “Turkic world”, economy, the international cooperation.
Bibliographic list of articles
1. Davutoğlu A. Stratejik Derinlik, Türkiye’nin Uluslararası Konumu. [Electronic resource]. – Access mode: https://docplayer.biz.tr/204355312-Ahmet-davutoglu-stratejik-derinlik.html (access date: 03/26/2024).
2. 2023 Faaliyet raporu / Türk işbirliği ve koordinasyon ajansi. – Ankara, 2024.
3. Official website of the Maarif Foundation. [Electronic resource]. – Access mode: https://turkiyemaarif.org/ (date of access: 03.26.2024).
INTERNATIONAL LAW
ZAKHAROVA Adelina Dmitrievna
adjunct of Human rights and international law sub-faculty of the Faculty of Training of Scientific, Pedagogical and Scientific Personnel of the V. Ya. Kikot Moscow University of the MIA of Russia
INTERNATIONAL LEGAL APPROACHES TO THE DEFINITION OF INTERNATIONAL INFORMATION SECURITY AND THREATS IN THIS AREA
The improvement and development of information and communication technologies has significantly changed the social way of life in various social spheres. International information security currently occupies one of the key positions within the framework of international security. The dynamism and multifaceted nature of the problematic aspects of international information security determines the need to create an international regulatory legal mechanism, in particular the development of the conceptual apparatus of the term “international information security.” However, approaches to understanding international information security differ in the approaches of different states, which contributes to the complexity of the process of combating threats carried out through information and telecommunication technologies.
Keywords: international information security, cybersecurity, threats to information security, security in the field of information and communication technologies.
Bibliographic list of articles
1. Charter of the United Nations (Adopted in San Francisco on June 26, 1945) // Collection of current treaties, agreements and conventions concluded by the USSR with foreign states. Vol. XII. – M., 1956. – P. 14-47.
2. Convention on ensuring international information security (concept) // Security Council of the Russian Federation. [Electronic resource]. – Access mode: http://www.scrf.gov.ru/documents/6/112.html (date of access: 04/15/2024).
3. Convention on Computer Crime (Budapest, November 23, 2001) // Reference legal system “Garant”. [Electronic resource]. – Access mode: https://base.garant.ru/4089723/ (date of access: 04/15/2024).
4. Principles relating to international information security.” UN General Assembly Resolution A/55/140// [Electronic resource]. – Access mode: doc/UNDOC/GEN/N01/561/59/PDF/N0156159.pdf? (date of access: 04/20/2024.)
5. Resolution by the General Assembly “Creating a global culture of cybersecurity and protecting critical information infrastructures” dated January 30, 2004 // [Electronic resource]. – Access mode: https://documents-dds-ny.un.org/doc/UNDOC/GEN/N09/474/51/PDF/N0947451.pdf?OpenElement (date of access: 04/20/2024).
6. UN General Assembly Resolution A/RES/53/70 of December 4, 1998 // [Electronic resource]. – Access mode: https://www.un.org/ga/search/view_doc.asp?symbol=A/RES/53/70&referer=/english/&Lang=R (access date: 04/20/2024) .
7. Krutskikh A.V., Zinovyeva E.S., Bulva V.I. International information security: Russian approaches. – M., 2021. – 47 p.
8. Lavrov S.V. Global problems of cybersecurity and international initiatives of Russia to combat cybercrime // Foreign economic relations. 2020, September 28. [Electronic resource]. – Access mode: https://eer.ru/article/gosudarstvo/u79/2020/09/28/2944 (date of access: 04/18/2024).
9. Magdilova L. V., Kubdenov A. V. On the issue of the concept of international security in the information sphere // Education. The science. Scientific personnel. – 2021. – No. 4. – P. 165-167.
10. International information security: Theory and practice: In three volumes. Volume 2: Collection of documents (in Russian) / Ed. ed. A. V. Krutskikh. – M.: Publishing house “Aspect Press”, 2019. – 784 p.
INTERNATIONAL LAW
LUKYANTSEVA Irina Grigorjevna
competitor of the Moscow State Institute of International Relations (University) of the MFA of Russia
FEATURES OF THE ACCEPTANCE AND USE OF ELECTRONIC EVIDENCE IN INTERNATIONAL CRIMINAL COURTS
The article examines the features of the use of electronic evidence by international criminal judicial authorities. The concept of digital evidence, the procedure for their acceptance, and the specifics of establishing their authenticity are analyzed. The level of adaptation of the International Criminal Court to work with such evidence is assessed.
Keywords: electronic (digital) evidence, ICC, authentication, evidentiary value, manipulation of evidence
Bibliographic list of articles
1. Volevodz A. G. Modern system of international criminal justice: concept, legal foundations, structure and features. – Text: electronic // International criminal justice: Modern problems. – M.: Institute of Law and Public Policy, 2009. – [Electronic resource]. – Access mode: https://mgimo.ru/files/113708/113708.pdf?ysclid=lppo9id9en868692291
2. Shinkaretskaya G.G. Digital evidence in the process of the International Court. – Text: electronic // International law and international organizations. – 2023. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/tsifrovye-dokazatelstva-v-protsesse-mezhdunarodnogo-suda?ysclid=lu3sk93i5x321639370
3. Shcherba S.P. Collection of electronic evidence in criminal cases in Russia and foreign countries. Experience and problems. – M.: Prospekt, 2022. – ISBN 978-5-392-27713-8. – Text: direct.
4. Freeman L., Llorente R. V. Finding the Signal in the Noise: International Criminal Evidence and Procedure in the Digital Age. – Text: electronic // Journal of International Criminal Justice. – 2021. – No. 19 (1). – [Electronic resource]. – Access mode: https://academic.oup.com/jicj/article-abstract/19/1/163/6276592?redirectedFrom=fulltext
5. Quilling C. The future of digital evidence. Authentication at the International Criminal Court. – Text: electronic // Journal of public and international affairs. – 2022. – [Electronic resource]. – Access mode: https://jpia.princeton.edu/news/future-digital-evidence-authentication-international-criminal-court
INTERNATIONAL LAW
MAGOMEDOVA Salikhat Gadjievna
postgraduate student of International law sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
HISTORICAL ASPECTS OF THE EMERGENCE OF THE HUMAN RIGHTS APPROACH TO THE PROBLEM OF THE ENVIRONMENT AND THE EMERGENCE OF THE CONCEPT OF ENVIRONMENTAL RIGHTS
Since 2007, climate change has been officially considered a threat to the enjoyment of human rights by the UN Human Rights Council. The effects of climate change have been observed virtually everywhere in the world in recent decades and are expected to increase in both frequency and intensity, causing irreparable damage to the environment. People will be seriously affected, and many fundamental human rights will be compromised. In the current circumstances, it seems necessary to formulate a human rights-based approach to the problem of climate change.
Keywords: human rights, environment, environmental rights, climate change.
Bibliographic list of articles
1. Abashidze A. Kh. The Universal Declaration of Human Rights is a product of the conscience of mankind // Gaps in Russian legislation. – 2023. – T. 16. No. 8. – P. 213-216.
2. James R. May and Erin Daly. Global Environmental Constitutionalism (CUP 2015), – [Electronic resource]. – Access mode: https://www.researchgate.net/publication/332967267_Environmental_Rights (access date: 04/04/2024).
3. Abashidze A. Kh., Solntsev A. M. Anniversary of the African Charter of Human and Peoples’ Rights // Eurasian Legal Journal. – 2012. – No. 2 (45). – pp. 22-25.
4. Solntsev A., Otrashevskaya A. Development of the concept of environmental human rights in the practice of the Inter-American Court of Human Rights // International Justice. – 2022. – No. 1 (41). – pp. 57-78.
5. Dinah L Shelton, ‘What Happened in Rio to Human Rights?’ 3(3) 3 Y.B. INT’L ENVTL L. 75. – 75-93. (1992).
6. Lopez Ostra v. Spain, – [Electronic resource].– Access mode: https://hudoc.echr.coe.int/FRE#{%22itemid%22:[%22001-57905%22]} (access date: 04/04/2024).
7. Stephen Humphreys, Stephen, ed. Human rights and climate change. – Cambridge University Press, Cambridge, 2009. – P. 4.
8. Constitution of Tunisia (26 January 2014), article 45 @@ Constitution of the Dominican Republic (13 June 2015), article 194 @@ Constitution of Ecuador (28 September 2008), article 414.
9. Bodansky D. The Legal Character of the Paris Agreement (2016) 25 Review of European, Comparative and International Environmental Law 2. – [Electronic resource]. – Access mode: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2735252 (date of access: 04/04/2024).
10. Solntsev A. M. Climate change: international legal dimension // Moscow Journal of International Law. – 2018. – No. 106 (1). – pp. 60-78.
11. Solntsev A. M., Ostroukhov N. V. The human right to a clean, healthy and sustainable environment: a new right in the universal international catalog of human rights // Electronic network publication “International Legal Courier”. – 2023. – No. 7. – P. 91-94.
INTERNATIONAL LAW
STRELCHENYA Ilya Denisovich
postgraduate student of International law sub-faculty of the Patrice Lumumba Peoples’ Friendship University of Russia
ACHIEVEMENTS IN SUSTAINABLE DEVELOPMENT POLICY ON THE EXAMPLE OF SOME MEMBERS OF THE EAEU (RUSSIAN FEDERATION, REPUBLIC OF BELARUS)
This article examines the problems of transition to sustainable development at the present stage of global integration of the former USSR countries into the world community. For a long time, the Russian Federation and the Republic of Belarus have been creating a methodological basis for the transition to a sustainable development policy, with the adoption of the 2030 Agenda in 2015, the achievement of the SDGs has acquired additional importance and significance, the policies of both countries have undergone significant changes that need to be analyzed.
This article examines an extensive set of legal documents of these countries, and based on statistical data, conclusions are drawn about the problems and achievements on the way to achieving individual SDGs in Russia and Belarus.
Keywords: sustainable development, public policy, Agenda 2030, ecology, economy, social support, sustainable development Goals, SDG’s.
Bibliographic list of articles
1. Kandrichina I. N., Veremeychik O. V. Tools for ensuring gender equality in the academic sphere of the Republic of Belarus // Journal of the Belarusian State University. International relationships. 2020. No. 1. P. 25-33.
2. Pilgun E. V., Leshenyuk O. N. Public administration in the Republic of Belarus: principles for sustainable development // Journal of Law and Administration. 2021 No. 17 (3). P. 27-40. – [Electronic resource]. – Access mode: https://doi.org/10.24833/2073-8420-2021-3-60-27-40 (access date: 02/10/2024).
3. Averbukh V. M. The sixth technological structure and prospects for Russia (a brief overview) // Bulletin of the Stavropol State University. un-ta. 2010. No. 71. P. 159-166.
4. Vienna Convention for the Protection of the Ozone Layer: in force since September 22, 1988 // Current international law. T. 3. M.: Moscow Independent Institute of International Law, 1997. P. 692-700.
5. Vitko G.I., Noskova S.A. Seed production and food security in the Republic of Belarus // Bulletin of the Belarusian State Agricultural Academy. 2022. – [Electronic resource]. – Access mode: https://baa.by/upload/vestnik/vestnik-1-2022.pdf. (date of access: 03/01/2024).
6. Dragun N.P., Ivanovskaya I.V. Directions for changing the national strategy for sustainable socio-economic development of Belarus in the context of its harmonization with the UN Agenda 2030 // Bulletin of the State Technical University named after. P. O. Sukhoi. 2018. No. 2 (73).
7. Kartskhia A. A., Logon D. T. Concepts of sustainable development in corporate law: experience of Russia and African countries // Gaps in Russian legislation. 2023. T. 16. No. 5. P. 470-477.
8. Kuznetsov S.V. Factors and tools for assessing the level of sustainable development of an industrial enterprise: Author’s abstract. dis. …cand. econ. Sci. Ekaterinburg, 2020. P.31.
9. Novikov N. Yu., Stepchenko V. G., Glushak N. V. Human capital in the context of sustainable innovative development of Russia // Bulletin of BSU. 2019. No. 2 (40). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/chelovecheskiy-kapital-v-kontekste ustoychivogo-innovatsionnogo-razvitiya-rossii (date of access: 02/10/2024).
10. Pertseva E. Yu. Implementation of the concept of sustainable development of a company based on project-portfolio methodology: abstract of the dissertation of a candidate of economic sciences. Moscow, 2013.
11. Smirnova T. S., Kamyshnikov I. N. Problems of implementing sustainable development goals in Russia // Moscowovsky economic journal. 2019. No. 8. – [Electronic resource]. – access mode: https://cyberleninka.ru/article/n/problemy-realizatsii-tseley-ustoychivogo-razvitiya-v-rossii (date of access: 02.17.2024).
12. Treytyakova E. V. Digital development of the Republic of Belarus: problems and prospects // Bulletin of the GGTU named after. P. O. Sukhoi. 2022. No. 4 (91).
13. Tuluzova A.V. Progress in achieving SDG 3 “Good health and well-being” in Belarus // Culture and ecology – the foundations of sustainable development of Russia. There is no alternative to the green strategy. Part 1: materials of the International Forum (Ekaterinburg, April 13-15, 2021). Ekaterinburg: Federal State Autonomous Educational Institution of Higher Education UrFU, 2021. pp. 469-472.
14. Khramtsova F.I., Andreykovets E.M., Ryzhankova A.A. Regionalization as a factor in sustainable socio-economic development of the Republic of Belarus // International Journal of Humanities and Natural Sciences. 2020. No. 2-2. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/regionalizatsiya-kak-faktor-ustoychivogo-sotsialno-ekonomicheskogo-razvitiya-respubliki-belarus (date of access: 02.17.2024).
15. Chiliev B. M. Sustainable development of Russian regions: from strategy to tactics // Economic security. 2023. Volume 6. No. 2. P. 717-728. – doi: 10.18334/ecsec.6.2.117877.
16. Shakhotko L.P. Demographic problems of the Republic of Belarus and ways to solve them // Economic and social changes: facts, trends, forecast. 2011. No. 4. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/demograficheskie-problemy-respubliki-belarus-i-puti-ih-resheniya (date of access: 12.12.2023).
17. Shtepa (A. G. Shtepa) A., & Radtsevich (A. V. Ratsevich) A. Environmental entrepreneurship in the system of sustainable development of Belarus // Economics and banks. 2019. No. 2. P. 91-99.
INTERNATIONAL LAW
MAKHONIN Danila Dmitrievich
student of the 3rd course of the bachelor’s degree in the field of study 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University, Vladivostok
SCOBILEVA Irina Vyacheslavovna
student of the 3rd course of the bachelor’s degree in the field of study 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University, Vladivostok
SUBJECTS OF FEDERATION AS PARTIES TO INTERNATIONAL LEGAL RELATIONS
The article raises the issue of the possibility of considering the subjects of the federation as parties to international legal relations, examines their contractual legal capacity as an element of international legal personality. The essential features of federal and unitary states are given, the analysis of national, foreign and international legislation is presented, different ways of international interaction are considered on the example of Primorsky Krai, the limits of international legal personality of territorial units of a federal state are revealed, and the advantages and disadvantages of granting subjects of federation with international legal capacity are revealed.
Keywords: federal state, subjects of the Russian Federation, international legal personality, contractual legal capacity, international treaty, international agreement, international cooperation, foreign economic relations.
Bibliographic list of articles
1. “The Constitution of the Russian Federation” (adopted by popular vote on December 12, 1993, with amendments approved during the all-Russian vote on July 1, 2020).
2. Federative Agreement of March 31, 1992 “Agreement on the delimitation of jurisdiction and powers between the federal government bodies of the Russian Federation and the authorities of the sovereign republics within the Russian Federation.”
3. Federal Law “On International Treaties of the Russian Federation” dated July 15, 1995 No. 101-FZ.
4. Federal Constitutional Law of July 21, 1994 “1-FKZ (as amended on July 31, 2023) “On the Constitutional Court of the Russian Federation.”
5. Vienna Convention on the Law of Treaties of May 23, 1969.
6. European Framework Convention on Transfrontier Cooperation of Territorial Communities and Authorities of May 21, 1980 (ratified by Federal Law of the Russian Federation of July 22, 2002 No. 91-FZ).
7. Federal Law of July 22, 2002 No. 91-FZ “On the ratification of the European Framework Convention on Transfrontier Cooperation of Territorial Communities and Authorities.”
8. Federal Law “On the coordination of international and foreign economic relations of the constituent entities of the Russian Federation” dated January 4, 1999 No. 4-FZ.
9. Charter of the Primorsky Territory dated October 6, 1995 No. 14-KZ.
10. Krecha M. Constitutional regulation of the conclusion of international treaties by subjects of the federation of federal states / Transl. with silver // For international law. – Belgrade, 1992. – P. 10.
11. Basic Law of the Federal Republic of Germany, May 23, 1949 – [Electthrone resource]. – Access mode: https://www.1000dokumente.de/?c=dokument_de&dokument=0014_gru&object=translation&l=ru (access date: November 29, 2023).
12. Constitution of the Republic of Austria, November 10, 1920 – [Electronic resource]. – Access mode: https://worldconstitutions.ru/?p=160 (date of access: November 29, 2023).
13. President of the Republic of Belarus: Meeting with the Governor of the Primorsky Territory Oleg Kozhemyako in Vladivostok. – [Electronic resource]. – Access mode: https://president.gov.by/ru/events/poseshchenie-goroda-vladivostoka-vstrecha-s-gubernatorom-primorskogo-kraya-olegom-kozhemyako (date of access: 04/06/2024).
14. TASS: First EEF in Vladivostok. The Far East is interesting for investors. – [Electronic resource]. – Access mode: https://tass.ru/ekonomika/2238892 (date of access: 04/06/2024).
15. IA Krasnaya Vesna: The authorities of Primorye agreed with China on the growth of exports and investments. – [Electronic resource]. – Access mode: https://rossaprimavera.ru/news/cf3686cb (date of access: 04/06/2024).
INTERNATIONAL LAW
CHUTKOVA Yuliya Dmitrievna
adjunct of Human rights and international law sub-faculty of the Faculty of Training Scientific, Pedagogical and Scientific Personnel of the V. Ya. Kikot Moscow University of the MIA of Russia
ACTUAL QUESTIONS OF REALIZATION OF THE NUCLEAR NONPROLIFERATION REGIME
The problem of nuclear proliferation has not lost its relevance for many years. Scientific and technological progress, social and political transformations also contributed to the development of the military-industrial sphere, including in the field of nuclear weapons. Today, the implementation of the nuclear nonproliferation regime is one of the key components of international security. In order to ensure compliance with the nuclear non-proliferation regime, an international control system has been established. Within the framework of this article, the nuclear nonproliferation regime is considered as the basis for the stability of the world community, as well as the international legal concept of nuclear-weapon-free zones as an important element of the nonproliferation regime.
Keywords: non-proliferation of nuclear weapons, the doctrine of nuclear deterrence, nuclear-weapon-free zones, demilitarization, neutralization.
Bibliographic list of articles
1. Treaty on the Non-Proliferation of Nuclear Weapons of June 12
1968 // Official website of the United Nations. – [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/conventions/npt.shtml (access date: 03/26/2024).
2. Treaty on the Prohibition of Nuclear Weapons of July 7, 2017 // Official website of the United Nations. – [Electronic resource]. – Access mode: https://documents-dds-ny.un.org/doc/UNDOC/GEN/N17/209/75/PDF/N1720975.pdf?OpenElement (date of access: 03/27/2024).
3. UN General Assembly Resolution No. 3472 B (XXX) // Official website of the United Nations. – [Electronic resource]. – Access mode: https://documents.un.org/doc/resolution/gen/nr0/788/75/pdf/nr078875.pdf?token=Z2dv3wgNAWxxkJOK8R&fe=true (date of access: 03/27/2024).
4. Valeev R. M. International control in international nuclear law // Moscow Journal of International Law. – 2000. – No. 2. – P. 176-185.
5. Lysenko M. N. Agreement, tested by time // Law and law. – 2018. – No. 8. – P. 15-19.
6. Marusin I. S. Treaty on the Prohibition of Nuclear Weapons of 2017 and prospects for its application // Jurisprudence. – 2018. – No. 1. – P. 21-31.
7. Metelina O. V. International legal regulation of the regime of nuclear-free zones and modern trends in its development: dis. …cand. legal Sci. – Kazan, 2007. – 230 p.
8. Petushko G. G. Nuclear-free zones in Europe (elements of concepts and models) // Soviet Yearbook of International Law. – M., 1988. – P. 285.
9. Tomilin Yu. Nuclear-free zones: conditions for effectiveness // International Affairs. – 1975. – No. 7. – P. 73.
INTERNATIONAL HUMANITARIAN LAW
TENETA Anastasiya Borisovna
postgraduate student of International law sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
THE CONTRIBUTION OF THE INTERNATIONAL RED CROSS AND RED CRESCENT MOVEMENT TO THE DEVELOPMENT OF INTERNATIONAL HUMANITARIAN LAW FOR THE PROTECTION OF PRISONERS OF WAR AND DETAINEES
The International Red Cross and Red Crescent Movement (hereinafter – the Movement), consisting of the International Committee of the Red Cross, the International Federation of Red Cross Societies and National Red Cross and Red Crescent Societies, for 160 years has been making a significant contribution to the development ofinternational humanitarian law, including the protection of prisoners of war and detainees during armed conflict.
The article analyzes the activities of the Movement and provides practical examples from the research area. It also examines the challenges and difficulties faced by humanitarian organizations in dealing with prisoners of war and detainees and makes recommendations for improving this work.
Keywords: the International Red Cross and Red Crescent Movement, Red Cross, international humanitarian law, protection of prisoners of war, detainee, civilian.
Bibliographic list of articles
1. How the Nazis deceived the Red Cross. V. Lyutova. 2017 [Electronic resource]. – Access mode: How the Nazis deceived the Red Cross (fishki.net). (access date: 12/25/2023).
2. Kotlyarov I.I. International humanitarian law. – M.: Yurlitinform, 2020.
3. Charter of the International Red Cross and Red Crescent Movement (adopted by the XXV International Conference of the Red Cross in Geneva in October 1986, as amended in 1995 1 and 2006 2). [Electronic resource]. – Access mode: Movement_Statutes_RUS.doc (icrc.org). (date of access: 03/29/2024).
4. Kalugin V. Yu., Pavlova L. V., Fisenko I. V. International humanitarian law. – Minsk: Theseus, 1019.
5. Prisoners-of-war-in-contemporary-armed-conflict_-Interpreting-the-Third-Geneva-Convention-70-years-after-its-negotiation-Humanitarian-Law-Policy-Blog. [Electronic resource]. – Access mode: Prisoners of war in contemporary armed conflict: Interpreting the Third Geneva Convention 70+ years after its negotiation – Humanitarian Law & Policy Blog (icrc.org) (accessed 12/25/2023).
6. Handbook of the International Red Cross and Red Crescent Movement, 13th ed., Geneva, 1994, for the text of official documents.
7. The legal status of National Red Cross and Red Crescent Societies 31-12-2000 Article, International Review of the Red Cross, No. 840, by Christophe Lanord. [Electronic resource]. – Access mode: https://www.icrc.org/en/doc/resources/documents/article/other/57jqt9.htm?ysclid=lr386z4fd4659914801 (access date: 12/25/2023).
8. International Review of the Red Cross (2022), 104 (920-921), 2027–2051. How International Humanitarian Law Develops doi:10.1017/S1816383122000583. The role of National Red Cross and Red Crescent Societies in the development of international humanitarian law: Lessons learned, and perspectives based on the Belgian Red Cross experience.
9. Updated ICRC Commentary on the III Geneva Convention: a new instrument for the protection of prisoners of war in the 21st century. Gemma Armand, Kvitoslava Krotiu. International Journal of the Red Cross, No. 913 (2021). Digital technologies and war.
10. Convention (III) concerning the Treatment of Prisoners of War. Geneva, August 12, 1949.
11. ICRC Commentary 2020 on Convention (III) relative to the Treatment of Prisoners of War. Geneva, 12 August 1949. [Electronic resource]. – Access mode: https://ihl-databases.icrc.org/en/ihl-treaties/gciii-1949/article-125?activeTab=undefined (access date: 12/25/2023).
INTERNATIONAL HUMANITARIAN LAW
LEBEDYNSKAYA Inna Markovna
postgraduate student of International law sub-faculty of the Institute of Law of the Patrice Lumumba Peoples Friendship University of Russia
NEW CHALLENGES TO INTERNATIONAL HUMANITARIAN LAW REGARDING THE USE OF UNMANNED AERIAL VEHICLES IN ARMED CONFLICTS
The article is devoted to the study of new issues of international humanitarian law regarding the use of unmanned aerial vehicles (UAVs) in combat operations. In addition to the advantages, the use of UAVs for military purposes has several related questions and concerns regarding the principles of international law. Their use must comply with international humanitarian law, in particular with regard to preventing civilian casualties.
Keywords: international humanitarian law, Geneva Conventions of 1949, unmanned aerial vehicles, armed conflict, new technologies.
Bibliographic list of articles
1. Atherton K. D. “Trump’s drone war is less responsible than ever” // Foreign Policy. – 2020. – May 22. – P. 4-5. [Electronic resource]. – Access mode: https://foreignpolicy.com/2020/05/22/obama-drones-trump-killings-count/ (date of access: 04/04/2024).
2. Baker R. B. 2019. Customary international law in the 21st century: old problems and new debates // European Journal of International Law. – 2019. – No. 21 (1). – pp. 177-178. [Electronic resource]. – Access mode: https://doi.org/10.1093/ejil/chq015.
3. Additional Protocol to the Geneva Conventions of 12 August 1949, relating to the protection of victims of international armed conflicts (Protocol I). Geneva, June 8, 1977.
4. Konokhov M.V. Avtonomnye weapons systems: current problems of international legal regulation in the context of the development of artificial intelligence technologies for military purposes // Law in the Armed Forces: Military Legal Review. – Moscow, 2022. – No. 9 (302). – pp. 177-178.
5. Runov E. A., Bobeshko O. V., Averchenko S. V. Application of UAVs in wars and armed conflicts. Brief historical overview. — Text: immediate // Young scientist. – 2019. – No. 44 (282). – pp. 276-278. [Electronic resource]. – Access mode: https://moluch.ru/archive/282/63517.
INTERNATIONAL PRIVATE LAW
KLIMOV Aleksander Pavlovich
postgraduate student of the Faculty of Law of the M. V. Lomonosov Moscow State University
THE PRINCIPLE OF TRANSPARENCY IN NORMS OF INTERNATIONAL TRADE LAW
This scientific article examines the principle of transparency and considers the matter of which norms of international trade law enshrine this principle. Based on the analysis of scientific papers on transparency, it is concluded that currently there is a widespread perception that the principle of transparency is an availability of information about trade rules. Within this work, through the analysis of the texts of international trade agreements, the position is substantiated that the principle of transparency is enshrined in a wider range of norms of international trade law than is commonly considered within the traditional approach.
Keywords: the principle of transparency, transparency, transparency provisions, WTO.
Bibliographic list of articles
1. Bernal Turnes Paloma and Ricardo Ernst. A framework for transparency in international trade. Investigaciones Europeas de Dirección y Economía de la Empresa, Vol. 21, Iss. 1, January–April 2015. pp. 1-8. [Electronic resource]. – Access mode: https://www.sciencedirect.com/science/article/pii/S1135252314000057#bbib0175 (date of access: 03/07/2024).
2. Baranova M. A. Ensuring transparency of international regulation of trade in goods and services within the framework of the GATT/WTO agreements. Trade policy. Trade policy. Trade policy / 2017. No. 1/9. ISSN 2499-9415. 2017. ss. 9-22. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/obespechenie-prozrachnosti-mezhdunarodnogo-regulirovaniya-torgovli-tovarami-i-uslugami-v-ramkah-soglasheniy-gatt-vto/viewer (access date: 03/15/2024 ).
3. Mikhnevich S.I. 15 questions about the GATT/WTO multilateral trading system. – Minsk: Belsens, 2009. [Electronic resource]. – Access mode: https://mfa.gov.by/upload/Mikhnevich_paper_wto.pdf (date of access: 03/15/2024).
4. Trunk-Fedorova M. P. Transparency in disputes within the framework of the European Union free trade agreements and in the practice of the WTO. International justice. 2016. ss. 70-80. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/transparentnost-v-sporah-v-ramkah-soglasheniy-evropeyskogo-soyuza-o-svobodnoy-torgovle-i-v-praktike-vto (access date: 03/15/2024 ).
5. Zoellner Carl-Sebastian. Transparency: An Analysis of an Transparency: An Analysis of an Evolving Fundamental Principle in International Economic Law. Michigan Journal of International Law. Vol. 27. Iss. 2. 2006. pp. 579-628. [Electronic resource]. – Access mode: https://repository.law.umich.edu/cgi/viewcontent.cgi?article=1190&context=mjil (access date: 03/18/2024).
EUROPEAN LAW
CHERNOBAEV Sergey Valerjevich
master of law, postgraduate student of Integration and European law sub-faculty of the O. E. Kutafin Moscow State Law University (MSLA)
THE ROLE AND CURRENT CHALLENGES OF THE APPLICATION OF INDIVIDUAL ANTI-COMPETITIVE BANS IN THE EU
The article “The role and current challenges of the application of individual anti-competitive prohibitions in the EU” examines the key aspects and challenges associated with the application of individual anti-competitive prohibitions within the European Union (EU). The author examines the historical development of competition law in the EU, starting with the Treaty of Rome in 1957, and the further evolution of norms aimed at strengthening individual responsibility for anti-competitive actions. The article analyzes important legislative acts such as Regulation 1/2003 and Directive 2014/104/EC, as well as judicial practice. In addition, a comparative analysis of approaches to individual anti-competitive actions in the EU and the USA is conducted, and prospects for the development and adaptation of these norms in the digital economy and the use of artificial intelligence are considered. The author emphasizes the importance of individual responsibility as an important element in maintaining fair competition and consumer protection.
Keywords:anti-competitive actions, European Union (EU), Individual responsibility, Competition law, Treaty of Rome, Regulation 1/2003, Directive 2014/104/EC, Judicial practice, Comparative analysis, Digital economy, Artificial intelligence, Abuse of dominant position, Antitrust law, EAEU.
Bibliographic list of articles
1. Competition law, digitalization and platforms: distinguishing between old and new challenges / Pinar Akman, June 2022 [Electronic resource]. – Access mode: https://www.cigionline.org/articles/competition-law-digitalization-and-platforms-separating-the-old-challenges-from-the-new/ (access date: 04/02/2024).
2. The Objectives of EU Competition Law: A Comprehensive Empirical Study Published online by Cambridge University Press: 17 March 2022.
3. Treaty on the Functioning of the European Union (TFEU): Articles 101, 102; Regulation 1/2003 (on the application of the competition rules set out in Articles 101 and 102 of the Treaty), etc.
4. Treaty establishing the European Community (Rome, 25 March 1957) (consolidated text taking into account the Nice amendments) (as amended on 16 April 2003). [Electronic resource]. – Access mode: https://eulaw.ru/treaties/teuratom_edit/ (date of access: 03.25.2024).
5. EU Regulation No. 1/2003 “Modernization Regulation”. [Electronic resource]. – Access mode: https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=celex%3A32003R0001 (access date: 03/27/2024).
6. EU Directive No. 2014/104/EU “Damage Compensation Directive”. [Electronic resource]. – Access mode: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32014L0104 (accessed March 28, 2024).
7. EU Regulation No. 139/2004 “Merger Regulation”. [Electronic resource]. – Access mode: https://eur-lex.europa.eu/legal-content/en/ALL/?uri=CELEX%3A32004R0139 (access date: 03/17/2024).
8. Treaty on the Functioning of the European Union. [Electronic resource]. – Access mode: https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:12012E/TXT:en:PDF (access date: 03/21/2024).
9. Sherman Act, 1890. [Electronic resource]. – Access mode: https://www.archives.gov/milestone-documents/sherman-anti-trust-act (access date: 03/12/2024).
10. “Treaty on the Eurasian Economic Union” (Signed in Astana on May 29, 2014) (as amended on December 9, 2022). [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_163855/ (date of access: 03/07/2023).
EUROPEAN LAW
CHUMYCHKIN Alexander Anatoljevich
competitor of Integration and European law sub-faculty of the O. E. Kutafin Moscow State Law University (MSLA)
REFORM OF THE CONTROL MECHANISM IN THE AREAS OF EXTRACTION AND CONSERVATION OF MARINE BIOLOGICAL RESOURCES IN THE EUROPEAN UNION: LEGAL ASPECT
This article is an analysis of Regulation (EC) No 2023/2842 of the European Parliament and of the Council of 22 November 2023, which introduces comprehensive changes to the European Union control system for fishing activities and the subsequent sale of its products . The article substantiates the relevance of changes in the legal regulation of this area within the framework of the EU Common Fisheries Policy. The author analyzed the goals, structure and key provisions of the specified Regulations, and outlined the main directions of the proposed reform of the control system. During the analysis, the author paid special attention to his novelties. The conclusion is made regarding changes in the legal regulation in the system of control over the extraction and conservation of marine biological resources, as well as the subsequent sale of fishing products (including their transportation, processing), after the entry into force of the Regulations , which is based on the statement of expansion and strengthening said controls, supported by the introduction of new technologies and the application of uniform control provisions to fisheries and aquaculture products originating both within the EU and outside it.
Keywords: European Union; legal regulation; Common Fisheries Policy; control system; fishing products; marine biological resources; fishing.
Bibliographic list of articles
1. Bekyashev D.K., Bekyashev K.A. International legal problems in the fight against illegal fishing. Monograph. – M.: Prospekt Publishing House, 2015. – 497 p.
2. Bekyashev D.K., Smolnikova N.A., Laeva A.O. Legal aspects of cooperation of the European Union with third countries in the field of fishing // Advances in law studies. – 2021. – No. 9 (2). – pp. 36-40.
3. Bocharova E. V. Main stages of development of the common fishing policy of the European Union // Modern law. – 2014. – No. 5. – P. 136-144.
4. Gutsulyak V. N. International maritime law: (public and private). – M.: Phoenix, 2006. – 410 pp.
5. Kashkin S. Yu., Chetverikov A. O. European Union: Fundamental Acts as amended by the Lisbon Treaty with comments. [Electronic resource]. – Access from the reference and legal system “Consultant Plus”.
6. Berg A. Implementing and Enforcing European Fisheries Law: The Implementation and the Enforcement of the Common Fisheries Policy in the Netherlands and in the United Kingdom. – Martinus Nijhoff Publishers, 1999. – 334 p.
7. Churchill R., Owen D. The EC Common Fisheries Policy. – Oxford: Oxford University Press, 2010. – 640 p.
8. Symmons C. R. Selected Contemporary Issues in the Law of the Sea. – Martinus Nijhoff Publishers, 2011. – 360 p.
LAW OF FOREIGN COUNTRIES
BOGATYREVA Olga Vasiljevna
Ph.D. in pedagogical sciences, associate professor of History sub-faculty of the K. G. Razumovsky Moscow State University of Technology and Management (First Cossack University)
DZYUBAN Valeriy Valerjevich
Ph.D. in historical sciences, Ph.D. in pedagogical sciences, associate professor, professor of Humanitarian disciplines sub-faculty of the Russian Customs Academy
ZAKOPYRIN Vladimir Nikolaevich
Ph.D. in Law, associate professor, associate professor of Administrative and financial law sub-faculty of the Academy of Law and Management of the FPS of Russia
THE MAIN ASPECTS OF THE FUNCTIONING OF CHINESE PRIVATE MILITARY COMPANIES
This article examines the issue of determining the main aspects of the functioning of private military companies in the People’s Republic of China. This topic has become particularly relevant in connection with the implementation of the transnational economic project “One Belt, One Road”, activities on the African continent and other countries of the world, and the expansion of the spheres of influence of Chinese security agencies. At the same time, PMCs act as an instrument of state policy, are used exclusively by the state, but do not have a sufficient level of combat capability, as a result of which they do not compete with the PLA.
Keywords: China, corporations, mercenaries, private military companies.
Bibliographic list of articles
1. Bredikhin A.V., Bogatyreva O.V., Zakopyrin V.N. On determining the status of private military companies // Eurasian Legal Journal. – 2024. – No. 2 (189). – pp. 471-472.
2. Bredikhin A.V., Dzyuban V.V., Panini Yu.I. Terrorist organizations in the structure of “new wars” // Eurasian Legal Journal. – 2024. – No. 2 (189). – pp. 467-468.
3. Bredikhin A.V., Yadykina T.S. The special influence of China on the nature of the Kashmir crisis // Humanities. Bulletin of the Financial University. – 2023. – No. 13 (4). – pp. 115-119.
4. Kosov G.V., Garas L.N., Lebed N.I. Military elite or counter-elite? (Private military companies as a tool for realizing the national interests of the state: the example of American and Chinese PMCs) // Questions of Eliteology. – 2023. – No. 2. – P. 25-43.
5. Shalak A.V., Tretyakov D.A. The role of Chinese private military companies in the implementation of the One Belt – One Road initiative // Russian-Chinese Studies. – 2022. – No. 2. – P. 77-83.
COMPARATIVE LAW
SAVCHENKO Denis Alexeevich
postgraduate student of Civil and business law sub-faculty of the Novosibirsk State University of Economics and Management
COMPARATIVE ANALYSIS OF APPROACHES TO IDENTIFYING BURIAL GROUNDS IN THE LEGISLATION OF EAEU MEMBER STATES
This scientific article is devoted to the analysis of the concept of “burial place” as one of the key categories of legislation on burial and funeral cases in the Russian Federation. The article examines and compares various approaches to the definition of this concept, presented in the legislation of the member countries of the Eurasian Economic Union, examines the legal nature of burial grounds and their constituent elements. Special attention is paid to identifying the national peculiarities of the funeral legislation of each of the reviewed states and the final generalization of all identified similarities and differences.
Keywords: burial grounds, cemeteries, crematoriums, columbariums, grief walls for burial, graves, funeral case, burial.
Bibliographic list of articles
1. Kulichev R. B. Some features of the legal regulation of burial and funeral business (using the example of the city of Moscow) // Law and business: convergence of private and public law in the regulation of entrepreneurial activity. – Moscow Academy of Economics and Law. – 2015.
2. Rybina S. N. Legal regulation in the field of burial and funeral business in Russiaoh Federation // Law and State: Theory and Practice. – 2022. – No. 3 (207).
THEORY OF STATE AND LAW
GABDULLINA Aliya Rasilevna
lecturer of Administrative and legal disciplines sub-faculty of the Ufa Law Institute of the MIA of Russia
PROPERTY AS A PHENOMENON IN THE VALUE SYSTEM OF RUSSIAN LEGAL THOUGHT
The concept of ownership is in the focus of attention of researchers in various branches of scientific knowledge. The article is devoted to the consideration of the main approaches to the definition of this concept as a legal category formulated in the pre-revolutionary, Soviet and modern periods. Special attention is paid to the concepts proposed by K. P. Pobedonostsev, Y. K. Tolstoy, O. S. Ioffe, E. V. Sukhanov. The article concludes that property as a legal phenomenon in domestic research is studied as a multidimensional phenomenon that acts as an important element of the legal, economic and social system of society.
Keywords: law, state, property, property relations, legal phenomenon.
Bibliographic list of articles
1. Ardimeeva N.V. Theoretical and practical aspects of the development of modern civil science. Issue 2. – Krasnodar: Southern Institute of Management, 2013. – 164 p.
2. Arkhipov S.I. Legal relationship of property: theoretical analysis // Russian legal journal. – 2010. – No. 1. – P. 7-24.
3. Grigorieva A.V. Property and property rights: doctrinal approaches // Scientific statements. – 2022. – No. 2 (10). – pp. 14-17.
4. Davidovich N.V. Understanding of property and property rights in domestic theoretical and historical sources // Leningrad Legal Journal. – 2023. – No. 1 (71). – pp. 58-81.
5. Kovalenko E. Yu. The concept of property: history of the issue // Business. Education. Right. – 2017. – pp. 162-164.
6. Useikin A.K. Property and property rights // Man: crime and punishment. – 2013. – No. 2 (81). – pp. 85-88.
7. Chernomorets R.V. Questions about property in legal and economic understanding // Lawyer – Lawyer. – 2010. – pp. 20-25.
THEORY OF STATE AND LAW
GUSEVA Galina Viktorovna
senior lecturer of Theory and history of state and law sub-faculty of the Baikal State University, Irkutsk
SAMOYLOVA Zhanna Vladimirovna
Ph.D. in Law, associate professor of Theory and history of state and law sub-faculty of the Baikal State University, Irkutsk
OFFENSE: THEORETICAL AND HISTORICAL ASPECT
The article examines the offense as a social phenomenon, which for a long time has attracted the close attention of scientific thought. The article analyzes the history of the formation of approaches to understanding “offense”, its evolution in the historical and legal context. The existing approaches in modern scientific doctrine to the concept of the category of “offense” are noted. The obvious necessity of a different understanding of the basic theoretical provisions regarding criminal acts is indicated. The essential characteristics of the offense are determined. The authors note that the issue of signs of illegal acts continues to be debateable.
Keywords: offense, misconduct, illegality, crimes, responsibility, punishability, public danger, harm, moral damage, property damage, physical harm.
Bibliographic list of articles
1. Michaelis D.V. Economic crimes in the Irkutsk province in the second half of the 19th – early 20th centuries. // Historical and economic research. – 2022. – T. 23. No. 1. – P. 152-166.
2. Kuryshova I.V. From the history of state regulation of public relations in the forestry sector in the Irkutsk province at the turn of the 19th–20th centuries // Historical and economic studies. – 2021. – T. 22. No. 2. – P. 302-319.
3. Markuntsov S. A. Genesis of approaches to the legal and doctrinal definition of a criminal offense // Law. Journal of the Higher School of Economics. – 2018. – No. 1. – P. 112-132.
4. Sopilko I. N., Likhovaya S. Ya., Uvarova N. V. New essence and specific division of criminal offenses and liability // All-Russian Criminological Journal. — 2018. — T. 12. No. 6. — P. 905–913.
5. Smirnov A. M. On the definition of the concept of “crime” in the Criminal Code of the Russian Federation // All-Russian Criminological Journal. — 2018. — T. 12. No. 3. — P. 417–423.
6. Livshits R. Z. Theory of law: textbook. – M.: Infra-M, 1999. – 263 p.
7. Baleeva E. L., Epifantseva T. Yu. [etc.] Jurisprudence: textbook; under the general editorship of S. V. Kornakova, E. V. Chigrina. – Irkutsk, 2011. – 453 p.
THEORY OF STATE AND LAW
DUBROVIN Mikhail Andreevich
senior lecturer of Theory and history of state and law sub-faculty of the Institute of Law of the A. G. and N. G. Stoletov Vladimir State University
RUSSIA AND CHINA IN THE CONTEXT OF A MULTIPOLAR WORLD: AN INTEGRATION APPROACH
The article discusses the main features of building an integration relationship between the Russian Federation and the People’s Republic of China. The main criteria of difference from the established format of interstate conjugation, characteristic of the unipolar world order, are revealed. The principles are presented, the observation of which will strengthen the formation of a multipolar world, leading to the actual observation and mutual respect of the national interests of the partner states.
Keywords: Russia, China, multipolar world, integration process, national interests.
Bibliographic list of articles
1. Luzyanin S.G. The present and future of Russian-Chinese relations // Bulletin of the Russian Academy of Sciences. – 2020. – No. 2. – P. 113-119
2. Joint statement of the Russian Federation and the People’s Republic of China on the development of relations of comprehensive partnership and strategic interaction entering a new era // President of Russia: [official. resource]. [Electronic resource]. – Access mode: http://www.kremlin.ru/supplement/5413 (date of access: 04/11/2024).
3. Ustinova E. Yu. International control over compliance with international treaties: Author’s abstract. dis. …cand. legal Sci. – M., 2008. – P. 7.
4. Farkhutdinov I.Z. On the role of international legal monitoring and international control in the development of Eurasian economic integration: an interview with O.I. Tiunov // Eurasian Legal Journal. – 2012. – No. 10 (53).
THEORY OF STATE AND LAW
ERMOLAEV Oleg Igorevich
adjunct of the Ufa Law Institute of the MIA of Russia, Legal Adviser of the Legal Department of the MIA of the Republic of Bashkortostan
ON THE ISSUE OF THE ACTIVITIES AND ROLE OF INDIVIDUAL STATE STRUCTURES CREATED TO PREVENT INTERFERENCE IN THE INTERNAL AFFAIRS (INTERNAL POLICY) OF THE STATE
The article, using the example of the activities of the Commission of the Federation Council of the Russian Federation for the Protection of State Sovereignty and the Prevention of Interference in the Internal Affairs of the Russian Federation and the Commission of the State Duma of the Federal Assembly of the Russian Federation to Investigate the facts of interference by foreign states in the internal affairs of Russia, examines the issue of a set of measures taken by the state aimed at studying and preventing the facts of interference in internal affairs (internal politics ) of the Russian Federation. Based on the results of the analysis of the material under consideration, based on current legislation and doctrinal sources, the author makes a proposal to improve regulatory legal acts.
Keywords: state, interference in internal affairs (internal politics), legislative bodies, commission, sovereignty.
Bibliographic list of articles
1. Klishas A. A. From the struggle for law to the struggle for sovereignty // Law and Management. XXI Century. – 2018. – No. 3. – P. 11-20.
2. Bartenev V.I. Interference in internal affairs: a dispute over the definition // Bulletin of Moscow University. Series XXV. International relations and world politics. – 2018. – No. 4. – P. 79-108.
3. Korostelev S. V. Towards the definition of the phenomenon of hybrid use of force and the problem of interference in the internal affairs of the state // Management consulting. – 2021. – No. 12. – P. 33-47.
4. Dikaev S.U., Dikaeva D.M. Foreign interference in the internal affairs of the state and the problem of protecting national sovereignty // Legal Thought. – 2012. – No. 2. – P. 100-107.
THEORY OF STATE AND LAW
MUSAEVA Asma Gadzhievna
Ph.D. in historical sciences, associate professor of Criminal law and state legal disciplines sub-faculty of the Dagestan State University of National Economy, Makhachkala
AGASIEVA Magrifa Nugutdinovna
Ph.D. in economical sciences, associate professor of University-wide sub-faculty of socio-humanitarian disciplines of the R. Gamzatov Dagestan State Pedagogical University
THE POLITICAL REGIME: AS AN ELEMENT OF THE FORM OF THE STATE
The article analyzes the concepts of “political regime as an element of the form of the state” and reveals their essence and correlation. The division of modes into types is carried out, and the characteristics of each of them are also considered. The influence they have on the political life of society is highlighted. It is noteworthy that in modern political science, the term “political regime”, with its very vague understanding, turned out to be very vague, which caused a lot of controversy among political scientists. Ancient thinkers did not use the term “political regime”. According to political scientists, this concept appeared much later.
Keywords: political regime, state regime, democracy, liberalism, authoritarianism, totalitarianism, despotism, tyranny, military junta.
Bibliographic list of articles
1. Ageshin Yu. A. Politics, law, morality. – M., 2022.
2. Alekseev S.S. Mechanism of legal regulation in the socialist state. – M., 2018 @@ Antonovich I. I. Modern capitalism: sociodynamics of power. – M., 2021.
3. Egorov S. A. Political system, political development, law. – M., 2020.
4. Zhelev Zh. Fascism. Totalitarian state. – M., 1991. – 336 p.
5. Zaznaev O.I. Typology of political regimes: abstract of the dissertation. – Kazan, 2019.
6. Nazarenko O. A. Political regime: theoretical and legal characteristics // Scientific journal “Young Scientist”.
THEORY OF STATE AND LAW
PARONYAN Karen Martinovich
Ph.D. in Law, associate professor of Branch legal disciplines sub-faculty of the A. P. Chekhov Taganrog Institute (branch) of the Rostov State University of Economics (RINE)
THEORETICAL AND LEGAL FOUNDATIONS OF THE INSTITUTION OF CENSORSHIP IN THE DIGITAL AND ANALOG SPACE
The article analyzes modern forms of censorship in the digital and analog space, taking into account the consequences of digital transformation. Particular attention is paid to the impact of censorship on human rights, the problem of preserving individual autonomy and the protection of personal data. The author addresses the positions of various scientists, considering proposals for improving legislation and practical measures to combat censorship in both spaces. The conclusion is formulated that one of the key theoretical and legal problems today is the issue of ensuring guarantees for the preservation of the digital-free environment of an individual’s existence in the Russian Federation and the creation of an appropriate mechanism for refusing digital services without compromising access to basic government and social functions. It is necessary, in this regard, to develop alternative ways of obtaining services for those who do not want or cannot use electronic resources.
Keywords: censorship, personal autonomy, digital transformation, human rights, personal data.
Bibliographic list of articles
1. Bertovsky L. V. High-tech law: concept, genesis and prospects // Bulletin of the Russian Peoples’ Friendship University. Series: Legal sciences. – 2021. – No. 4. – P. 735-749.
2. Volos A. A., Ivanov A. A. Digitalization and the Constitution // Law. – 2022. – No. 12. – P. 34-45.
3. Dmitrieva O. Without a “piece of paper” – a person. – [Electronic resource]. – Access mode: https://rg.ru/2011/02/11/dokumenty-site.html (access date: 03/30/2024).
4. Ilnitsky K. O. Archival materials as sources of the history of the formation of privileges (permissions) for the establishment of printing houses and legislation on censorship of the Russian Empire // Current problems of source study: materials of the V International scientific and practical conference for the 110th anniversary of the Vitebsk Scientific Archival Commission (Vitebsk, April 25-27, 2019). – Vitebsk, 2019. – pp. 214-216.
5. Martsokha I. E. Institute of censorship in information legal policy of Russia: abstract. …dis. Ph.D. legal Sci. – Rostov-on-Don, 2007. – 25 p.
6. Ovchinnikov A.I. Security of the individual and the state in the digital era: political and legal aspect // Journal of Russian Law. – 2020. – No. 6. – P. 5-21.
THEORY OF STATE AND LAW
SAMOYLOVA Zhanna Vladimirovna
Ph.D. in Law, associate professor of Theory and history of state and law sub-faculty of the Baikal State University, Irkutsk, Deputy Chairman of the Irkutsk City No. 2 Territorial Election Commission (Oktyabrsky district)
LEGAL AWARENESS AND ACTIVE SUFFRAGE
This article demonstrates the influence of active suffrage on the formation of legal awareness and legal culture of the electorate and civil society as a whole. The author notes the difficulties faced by both voters and organizers of the electoral process as a result of the preparation and conduct of the 2024 Presidential election campaign. The concept of improving the legal culture of voters in the Russian Federation for 2022-2024 is analyzed. Organizational and legal measures are proposed to improve the legal education of the electorate and future voters in the Russian Federation.
Keywords: legal awareness, legal culture, constitunational rights of citizens, active suffrage, the right to choose, absenteeism, electorate, democratic state, rule of law, civil society, presidential elections, territorial election commissions, election organizers, Central Election Commission.
Bibliographic list of articles
1. Zaitseva E. S. Values as a factor in establishing the limits of legal regulation // Academic legal journal. – 2022. – No. 1.
2. Smirnova I. G., Stepanenko D. A. Legal aspects of the transformation of Russian society // Academic legal journal. – 2020. – No. 4 (82).
3. Dubrovina Yu. Ya. Constitutional and legal protection of citizens’ electoral rights in the context of the use of modern electoral technologies in Russia: abstract of thesis. dis. …cand. legal Sciences: 5.1.2. – Saratov, 2023. – 29 p.
4. Volkov D.V., Krasilnikov S.V. Development of approaches to understanding the rule of law as a fundamental idea of the rule of law in Russian legal thought of the early twentieth century // Baikal Research Journal. – 2016. – T. 7. No. 3.
THEORY OF STATE AND LAW
ULAEVA Natalya Lvovna
Ph.D. in Law, associate professor, associate professor of Theory and history of law and state sub-faculty of the Krasnodar University of the MIA of Russia
THE IMPORTANCE OF THE AXIOMATIC METHOD FOR LEGAL SCIENCE
The article analyzes the methodology of law, which combines a set of principles, means and methods of cognition of legal reality; the emergence of the axiomatic method and its scientific significance; the “axiom” as the basis of the axiomatic method; the axiomatic system of scientific knowledge. The article focuses on the main advantages of the axiomatization of science and the application of the axiomatic method, its specifics and features, as well as highlights individual problems that arise in the process of applying the method in question.
Keywords: methodology of law, axiomatic method, axioms, scientific theories, axiomatic system, scientific knowledge, legal science, axiomatization.
Bibliographic list of articles
1. Kerimov D. A. Methodology of law: subject, functions, problems of philosophy of law. 5th ed. – M.: SSU Publishing House, 2009. – P. 88.
2. Shumilo M. M. Axiomatic method and legal axioms in the study of social security problems // Labor law in Russia and abroad. – 2011. – No. 2. – P. 37-41.
3. Dictionary of foreign words / Under. ed. Spirina A. G., Achurina I. A. 11th ed. – M.: Russian language, 1984. – P. 22.
4. Soviet encyclopedic dictionary / Ch. ed. A. M. Prokhorov 3rd ed. – M.: Sov. Encyclopedia, 1984. – P. 32.
5. Malin A. S., Mukhin V. I. Research of control systems: Textbook for universities. – M.: State University Higher School of Economics, 2002. – P. 62.
THEORY OF STATE AND LAW
CHUKSINA Valentina Valerjevna
Ph.D. in Law, professor, Head of Legal support of national security sub-faculty of the Baikal State University, Irkutsk
THEORETICAL AND LEGAL UNDERSTANDING OF THE CONCEPT OF “INSTITUTION FOR THE PROMOTION AND PROTECTION OF HUMAN RIGHTS”
The article shows the genesis of the concept of “institution for the promotion and protection of human rights”. The current problems of its activities and existing approaches are considered, the essence of this institution is revealed and its role in strengthening the protection of human rights is shown. It is noted that an important condition for recognizing the effectiveness of its activities is compliance with international standards.
Keywords: institute for the Promotion and protection of Human rights, human rights, civil society, ombudsman.
Bibliographic list of articles
1. Atanov A. A. Social reality in the system of textual influence: Russian break // News of the Baikal State University. – 2019. – No. 4. T. 29. – P. 560-575.
2. Zagoskin N.P. History of law of the Moscow State. – Kazan: Kazan University Publishing House, 2004. – 344 p.
3. Prikhodko T.V. Understanding the restrictions on the rights and freedoms of man and citizen from the standpoint of intervention // Academic legal journal. – 2019. – No. 2 (76). – pp. 13-18.
4. Prikhodko T.V., Rozhkova A.N. The concept of sustainable development and ensuring national security in the legal regulation of the Russian Federation // Baikal Research Journal. – 2020. –T. 11. No. 3.
5. Gallagher A., Alston P., Crawford J. Making Human Rights Treaty Obligations a Reality: Working with New Actors and Partners // The Future of UN Human Rights Treaty Monitoring. – Cambridge University Press: Cambridge, 2000. – 563 rub.
6. Lewis M. E. The Early Chinese Empires: Qin and Han. – Belknap Press of Harvard University Press, 2007. – 321r.
THEORY OF STATE AND LAW
CHABANENKO Larisa Vladimirovna
postgraduate student of Theory and history of state and law sub-faculty of the Institute of Law of the Belgorod State National Research University
THE GENESIS OF THE INTRODUCTION OF DIGITAL TECHNOLOGIES INTO JURISDICTIONAL PROCESSES IN THE RUSSIAN FEDERATION
The article analyzes the history of the introduction of digital technologies into jurisdictional processes in the Russian Federation. The study is aimed at identifying its key stages, as well as assessing its impact on various aspects of digitalization through the prism of the theory of state and law. This goal determined the need to solve a number of problems related to the analysis of the genesis of digitalization of the institution of justice. The activities carried out within the framework of the introduction of information technologies in the area under study are discussed in detail. One of the main results of the study was the systematization of the chronology of digitalization of the jurisdictional process, carried out on the basis of a retrospective method.
Keywords: digitalization, jurisdictional process, theory of state and law, legal proceedings, information technology.
Bibliographic list of articles
1. Bryantseva O. V., Soldatkina O. L. Electronic justice in Russia: problems and solutions // Bulletin of the O. E. Kutafin University. 2019. No. 12 (64). pp. 97-104.
2. Druzhinina A. A., Paulov P. A. Features of the implementation of electronic legal proceedings in the arbitration process // Legal science. 2021. No. 4. P. 187-189.
3. Novikova K. S. Digital innovations and elements of electronic justice in arbitration proceedings during the spread of coronavirus infection // Education and Law. 2020. No. 4. P. 240-244.
4. Electronic justice: results and prospects: Internet interview with the Chairman of the Arbitration Court of the Kaluga Region S. Yu. Sharaev. [Electronic resource]. – Access mode: https://www.garant.ru/company/cooperation/gov/action/regional/271319/ (date of access: 01/12/2024).
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
TERRORISM AS A POLITICAL AND LEGAL PHENOMENON. TRAITS, TYPOLOGY
This article conducts a study of terrorism as a political and legal phenomenon; the features of terrorism and its typological features have been studied. The specifics of the development of terrorist activities have been determined; terrorism is primarily a political phenomenon, because determines the direction of counter-terrorism strategies and mechanisms of democratic states. In other words, anti-terrorism activities initially have political overtones and character. When developing a model for a particular state to counter terrorism, it is necessary to maintain a balance between the high effectiveness of measures and compliance with legal guarantees and freedoms of citizens, generally accepted principles and norms.
Keywords: terrorism, public policy, political phenomenon, specification of the term terrorism, political goal.
Bibliographic list of articles
1. Abdrashitov V. M. International security and cooperation of states in the fight against terrorism // Matrix of scientific knowledge. – 2020. – No. 3. – P. 72-77.
2. Antonenko S. Into the mouth of Lucifer / Sergey Antonenko, Tatyana Filippova // Motherland. – 1998. – No. 2. – P. 16.
3. Aseev A. G. International terrorism as a threat to the national security of the Russian Federation // Bulletin of the Prikamsky Social Institute. – 2020. – No. 2 (86). – pp. 8-16.
4. Bryukhova E. O. International cooperation in the fight against corruption // Scientist’s Tribune. – 2020. – No. 1. – P. 158-163.
5. Vasiliev A. Terrorism: On the historical roots of terrorism and its manifestations // Our contemporary. – 2016.- No. 6. – P. 158-168.
6. Kostin A.V. Countering information terrorism: history and modernity // Bulletin of the Russian New University. Series: Man and Society. – 2020. – No. 1. – P. 104-114
7. Luppov I. Modern terrorism as a political phenomenon. News of the Russian State Pedagogical University named after. A. I. Herzen. – 2009. – No. 103. – P. 225-231.
THEORY OF STATE AND LAW
PADIN Artyom Eduardovich
postgraduate student of the Institute of Law of the Vladivostok State University
PROGRESSIVE AND PROTECTIVE DEVELOPMENT OF THE PRINCIPLE OF ADVERSARY IN RUSSIAN LAW BASED ON THE NATIONAL LEGAL TRADITION
The democratic approach of judicial reform to ensure accessibility and improve the quality of justice primarily includes stimulating the initiative of the parties in judicial dispute resolution and their active participation in the adversarial process. However, many procedural innovations inherent in adversarial proceedings still remain unrealized for various reasons, including the slow adaptation of the people to changes in legal reality and adaptation (formation of a new legal consciousness) to new conditions of litigation and legal regulation during the reform period .
In the article indicates that overcoming the problems of practical implementation of the principle of adversarial proceedings, as well as the choice of a vector for its further improvement, it is necessary to rely on legal conservatism, which will allow taking into account the previous experience of its practical application and the cultural characteristics of the national legal tradition within which it develops.
The author concludes that the appeal to the experience of doctrinal understanding of the period of application of the principle of adversary introduced by the judicial reform of 1864, it will allow to develop an best approach to its development, because the problems of the adversarial principle related to the issues of increasing or minimizing the procedural role of the court and the motivation of the activity of the parties to the proceedings have remained substantially unchanged.
The article also indicates that in the current conditions of the transition period, it is necessary to assign the main role in litigation to professional attorney of the parties, because they have sufficient knowledge and skills to effectively conduct cases in court and implement evidentiary opportunity. It is proposed to increase the activity of the court in guiding the litigation and building full-fledged cooperation between the court and the parties united by a common legal interest in the correct and fair resolution of the dispute. This will make it possible to increase both the effectiveness of the adversarial process and its consistency with the national legal tradition, to form a new public understanding of law and legal culture with an emphasis on the independent initiative activity of participants in court proceedings.
Keywords: adversarial principle, court’s activity, adversarial process, legal culture, judicial presiding over court proceedings, objective truth, legal tradition.
Bibliographic list of articles
1. Argunov A.V. On the relationship between political ideology and procedural law // Arbitration and civil process. – 2021. – No. 7. – pp. 3-7.
2. Vasiliev A. A. Conservative legal ideology of Russia: theoretical and spiritual aspects. – Moscow: Prospekt, 2023. – 464 p.
3. Vaskovsky E. V. Course of civil procedure: Subjects and objects of the process, procedural relations and actions. – M.: Statute, 2016. – 624 p.
4. Great Reform: Charter of Civil Procedure. Collective monograph. 2nd add. ed. / Ed. E. A. Borisova. – M.: Justitsinform, 2019. – 560 p.
5. Voronov A.F. Principles of civil process: past, present, future. – M.: Publishing House “Gorodets”, 2009. – 496 p.
6. Lapaeva V.V. Types of legal understanding: legal theory and practice. – M.: Russian Academy of Justice, 2012. – 579 p.
7. Lapaeva V.V. Sociology of law. – 2nd ed., revised. and additional – Moscow: Norma: INFRA-M, 2023. – 336 p.
8. Momotov V.V. Judicial reform of 2018 in the Russian Federation: concept, goals, content (part I) // Journal of Russian Law. – 2018. – No. 10. – P. 134-146.
9. Mordovtsev A. Yu., Mamychev A. Yu., Shestopal S. S. The essence and content of the Russian legal mentality // Azimuth of scientific research: economics and management. – 2017. – T. 6. No. 4 (21). – pp. 339-344.
10. Nefediev E. A. Textbook of Russian civil proceedings. 3rd ed. – M., 1909. – 403 pp.
11. Postclassical studies of law: prospects for a scientific and practical program: collective monograph / Ed. E. N. Tonkova, I. L. Chestnova. – St. Petersburg: Aletheia, 2023. – 500 pp.
12. Law in the cultural dimension: new vectors of development / Ed. ed. V. N. Sinyukova, M. A. Egorova. – Moscow: Prospekt, 2023. – 360 pp.
13. Justice in the modern world / V. M. Lebedev, T. Ya. Khabrieva, A. S. Avtonomov and others; edited by V. M. Lebedeva, T. Ya. Khabrieva. – 2nd ed., add. and processed – M.: Norma, 2018. – 784 p.
14. Reisner M. A. Law and revolution. – Petrograd, 1917. – 32 p.
15. Reshetnikova I.V. Reflecting on legal proceedings: Selected items. – Moscow: Statute, 2019. – 510 p.
16. Ryazanovsky V. A. Unity of the process: Textbook. – M.: OJSC “Publishing House “Gorodets””, 2005. – 80 p.
17. TrueBetskaya N. S. The tops and bottoms of Russian culture // Europe and Eurasia. – M.: Rodina, 2022. – P. 90-108.
18. Foinitsky I. Ya. A course of Russian criminal proceedings, compiled from lectures by professor of St. Petersburg University I. Ya. Foinitsky and published as a guide for students in 1883-1884. – St. Petersburg: published by V. Lesnikov, 1884. – 664 pp.
19. Frolova E. E. Evolution or revolution of civil proceedings: digitalization through the prism of artificial intelligence. Research report: Grant No. NSh-3270.2022.2. Council for Grants of the President of the Russian Federation. 2022.
20. Yablochkov T. M. To the doctrine of the basic principles of civil procedure // Collection of articles on civil and commercial law “In memory of Professor G. F. Shershenevich.” – M., 1915. – P. 275-318.
THEORY OF STATE AND LAW
KULIEVA Aziza Mustafaevna
postgraduate student of the O. E. Kutafin Moscow State Law University (MSAL)
CHALLENGES AND RISKS IN THE PROCESS OF LAW DIGITALIZATION
The article contains an analysis of the problems and risks that society faces in the inevitable process of rapid digitalization of all spheres of life and, in particular, in aspects related to legal regulation. The challenges of the “digital” agenda bring some new difficulties for the state in ensuring constitutional human rights and freedoms. The latest technologies, the storage system for storing huge amounts of information can serve not only as a source of comfort and benefit for the individual, but also pose a threat to the safety of individuals and society. The article examines precedents of using digitalization achievements to commit crimes in foreign countries, and also provides an analysis of the latest international legislation in aspects of regulation the use of digital technologies. The article also proposes some ways of overcoming the risks caused by the transformation of legal regulation.
Keywords: legal gaps, artificial intelligence, security, cyberspace digitalization of law, digital technologies, legal regulation mechanism, UN.
Bibliography
1. Bostrom Nick. Superintelligence: Paths, Dangers, Strategies. – Oxford: Oxford Academ, 2016. – 390 p.
2. Maltsev G. V. Social foundations of law. – M., 2007. – R. 33-34.
3. Khalin V. G., Chernova G. V. Digitalization and its impact on the Russian economy and society: advantages, challenges, threats and risks II Management consulting. – 2018. – No. 10. – P. 43-63.
4. Kornev A. V., Barzilova I. S., Lipen S. V., Tanimov O. V., Shepelev D. V., Arnautova A. A. / System of law and system of legislation: current state and development prospects in the digital era: monograph/pod. Scientific director A. V. Korneva. – Moscow: Prospekt, 2021. – 176 p.
5. Shatkovskaya T. V., Epifanova T. V., Vovchenko N. G. Transformation of the structure of the legal regulation mechanism in the digital economy // Problems of economics and legal practice. – 2018. – No. 3. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/transformatsiya-struktury-mehanizma-pravovogo-regulirovaniya-v-usloviyah-tsifrovoy-ekonomiki (access date: 03/26/2024).
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 (access date: 03.13.2024).
7. Kornev A. V., Barzilova I. S., Lipen S. V., Tanimov O. V., Shepelev D. V., Arnautova A. A. / System of law and system of legislation: current state and development prospects in the digital era: monograph/pod. Scientific director A. V. Korneva. – Moscow: Prospekt, 2021. – 176 p.
8. [Electronic resource]. – Access mode: http://www.kremlin.ru/events/president/transcripts/messages/62582 (access date: 04/10/2024).
THEORY OF STATE AND LAW
MIZIEVA Salima Ismailovna
assistant of Criminal law, process and criminalistics sub-faculty of the Institute of Law, Economics and Finance of the H. M. Berbekov Kabardino-Balkarian State University
THE CONTENT OF LEGAL COORDINATION: THE PROBLEM OF ESTABLISHING
This article contains the author’s approach to establishing the content of coordination activities, the essence of which is positioned as coordinated interaction. The dictionary interpretation of the meaning of the content, its doctrinal study and the author’s own position allowed us to conclude that the content of legal coordination should include structural elements, as well as methods, methods, forms and results. The object of coordination is the relevant activity, the interaction of its subjects (participants), public relations, which include coordination relations, in order to achieve the set goals and obtain the appropriate result. The originality of the subject composition lies in the fact that all subjects, as a rule, are equal, except in cases when one of the subjects of legal coordination, by virtue of a law or regulatory act, heads the coordinating body, is the main , leading subject of the coordination process. The results of coordinating legal activities are manifested and consolidated in normative acts (resolutions, recommendations, protocols, etc.).
Keywords: coordination, legal activity, content, structural elements, methods, methods, form, result.
Bibliographic list of articles
1. Alekseev S. S. Legal means: problem statement, concept, classification //Soviet state and law. – 1987. – No. 6. – P. 12-19.
2. Belyaev V.P., Bidova B.B., Belyaeva G.S. National interests of Russia: monograph. – M.: Yurlitinform, 2023. – 296 p.
3. Belyaeva G.S. On the issue of the essence and system of legal means // Administrative and municipal law. – 2015. – No. 3 (87). – pp. 306-312.
4. Bidova B. B. Legal support of national interests: a general theoretical study of conceptual foundations: Abstract of thesis. dis. … doc. legal Sci. – Grozny, 2021. – P. 29.
5. Vlasenko N. A. Legal means of combating corruption: concept and social role // Legal means of combating corruption: scientific and practical guide / resp. ed. N. A. Vlasenko. – M.: Jurisprudence, 2012. – P. 7-14.
6. Voplenko N. N. Essays on the general theory of law: monograph. – Volgograd: Volgograd Publishing House. state University, 2009. – 898 p.
7. Leonidova T.I. Content of the migration function of the state: theoretical aspects // Second All-Russian Derzhavin Readings: collection of articles. – M., 2007. – Book 1. – P. 208-215.
8. Maksurov A. A. Coordination activities in the legal system of society: Dis. …cand. legal Sci. – Yaroslavl, 2001. – 193 p.
9. Maksurov A. A., Makarov I. I. Coordination in law: monograph. – Yaroslavl: YaF MFYuAYU, 2012. – 320 p.
10. Matuzov N. I. Current problems of the theory of law. – Saratov: SGAP, 2003. – 510 p.
11. Sapun V. A. The theory of legal means and the mechanism for implementing law: abstract. dis. … doc. legal Sci. – N. Novgorod, 2002. – 49 p.
12. Dictionary of the Russian language / Ch. ed. A. P. Evgenieva: In 4 volumes – M.: Rus. lang., 1981-1984. – T. 4. – 750 pp.
13. Tonkov E. E. The creative state as a vector of development of modern Russia: monograph. – M.: Yurlitinform, 2019. – 392 p.
14. Philosophical Encyclopedic Dictionary / Ch. ed. L. F. Ilyichev and others – M.: Sov. encyclopedia, 1983. – 839 pp.
15. Shagiev B.V. Legal activity and its system: monograph. – M.: Yurlitinform, 2014. – 192 p.
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
PLANNING IN THE EARLY YEARS OF THE SOVIET PROSECUTOR’S OFFICE (1922-1925)
The article discusses the issues of planning in the prosecutor’s office in 1922-1925. It has been established that planning is a more succinct word consisting of several stages. The result of planning or its stage was a plan that was not drawn up in the early years of the Prosecutor’s office. The functions of the plan were performed by circulars, orders and circular letters of the People’s Commissariat of Justice, the Department of the Prosecutor’s Office of the Republic (RSFSR), decisions of prosecutors of territories, regions and autonomous republics, cantons and territories equated to them, and party bodies, planned tasks of higher Soviet prosecutor’s offices, etc. They are concerned about the development of the institution of the prosecutor’s office, the creation of new prosecutor’s offices, the inspection of prosecutor’s and investigative sites, etc. If there was a plan, the above solutions complemented it.
Taking into account regional practice, it is concluded that certain planning elements in the prosecutor’s office began to be introduced from the beginning of their activities, i.e. from August-September 1922, and plans were drawn up later – from January 1923.
Keywords: prosecutor’s office, plan, planning, prosecutor’s office of the Mari Autonomous Region, 1922-1925.
Bibliographic list of articles
1. Voevodina T. G. On the issue of legal regulation of the prosecutor’s audit of the implementation of laws // Gaps in Russian legislation. – 2017. – No. 6. – P. 337-339. – EDN YKXHUW.
2. Gavrilov S. O., Raspopin A. V. Problems of the scientific organization of labor in the activities of the Soviet prosecutor’s office in the 1920s // Humanitarian, socio-economic and social sciences. – 2020. – No. 5. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/problemy-nauchnoy-organizatsii-truda-v-deyatelnosti-sovetskoy-prokuratury-v-1920-e-gody (date of access: 09/08/2023).
3. Kozhevnikov M. On carrying out a planned start in the work of the local prosecutor’s office // ECJ. – 1924. – No. 24. – P. 1076-1077. [Electronic resource]. – Access mode: http://elib.uraic.ru/bitstream/123456789/3428/1/sovetskaya_yustitsiya_1924_45.pdf (access date: 11/30/2023).
4. Lagovier N. Planfulness in the work of prosecutorial supervision // ECJ. – 1926. – No. 3. – P. 76-79. [Electronic resource]. – Access mode: http://elib.uraic.ru/bitstream/123456789/3484/1/sovetskaya_yustitsiya_1926_3.pdf (date of access: November 28, 2023).
5. Maksimov V. A. On the issue of organization and methods of planning work in the city prosecutor’s officeode, district // Business in law. – 2008. – No. 3. – P. 191-193. – EDN JWSMIP.
6. Mukhamedov R. A., Chigrin M. V. Staffing of the prosecutor’s office of the Simbirsk (Ulyanovsk) province in 1922-1928 // Scientific dialogue. – 2023. – No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kadrovoe-obespechenie-organov-prokuratury-simbirskoy-ulyanovskoy-gubernii-v-1922-1928-godah (date of access: 12/16/2023).
7. Ozhegov S.I. and Shvedova N.Yu. Explanatory dictionary of the Russian language: 80,000 words and phraseology. expressions / S. I. Ozhegov and N. Yu. Shvedova; Ross. acad. Sci. Institute of Russian language them. V.V. Vinogradova. – 4th ed., add. – Moscow: ITI TECHNOLOGIES LLC, 2003. – 944 p.
8. Popova L.V. Current issues of planning organization in the prosecutor’s office of the Russian Federation. [Electronic resource]. – Access mode: https://www.iuaj.net/node/513 (date of access: 04/17/2024).
9. Prosecutor’s Office of the Republic of Mari El: history and modernity / Comp. Gabdrakhmanov F.V. – Yoshkar-Ola: MRIPP, 2011. – 264 p.
10. Rossolovsky P. A. Planning in the prosecutor’s office: a practical aspect // Journal of Legal and Economic Research. – 2022. – No. 2. – P. 77-82. – DOI 10.26163/GIEF.2022.66.23.013. – EDN KRWTRM.
HISTORY OF STATE AND LAW
MIRKHAYDAROVA Mariya Yurjevna
lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia, major of police
THE HISTORY OF THE FORMATION OF THE PRESENTATION FOR IDENTIFICATION AS AN INVESTIGATIVE ACTION
The article analyzes pre-revolutionary and Soviet legal acts containing norms on such investigative action as presentation for identification. The study of the history of the formation of presentation for identification as an investigative action is an urgent task in the context of the development of criminal procedure law. Understanding the evolution of this investigative action helps to understand how the norms of criminal procedure law were formed, what changes have occurred in approaches to collecting evidence and ensuring legality over time. The study of history helps to avoid repeating mistakes made in the past, allows us to develop more effective strategies for using presentation for identification and modernize legislation taking into account modern challenges and requirements.
Keywords: presentation, identification, persons, criminal proceedings, investigative action, history.
Bibliographic list of articles
1. Volskaya T. A. Procedural and tactical aspects of presentation for identifying persons by voice and speech: dis. …cand. legal Sci. – Voronezh, 2006. – 197 pp.
2. Gerasimenko N. I. Historical development of presentation for identification // Current problems of legal regulation, organization and tactics of investigative actions: collection of scientific works. – Omsk, 2022. – Volume 1. – P. 25-27.
3. Gromov V.I. Inquiry and preliminary investigation: Methodology for investigating crimes: Inspection of the crime scene // Scientific works. – M., 2003. – 198 p.
4. Kalinkina L. D. Practice of presenting a person or object for identification // Modern law. – 2015. – No. 1. – P. 104-112.
5. Samko A.V. On the issue of the formation of presentation for identification as an independent investigative action // Scientific notes of the Tauride National. University named after Vernadsky. – 2012. – No. 1. – P. 317-329.
6. Samoshina Z. G., Krylov V. V. Presentation for identification during investigation: textbook. allowance. – M., 2001. – 389 p.
7. Smirnov A.V., Kalinovsky K.B. Criminal process: a textbook for universities. – St. Petersburg, 2010. – 890 p.
HISTORY OF STATE AND LAW
SERKEROV Samur Elmirovich
Ph.D. in Law, associate professor, Head of Legal disciplines and teaching methods sub-faculty of the R. Gamzatov Dagestan Pedagogical University
PAYZULAEV Alibeg Zalbekovich
postgraduate student of the 1st year of study of the R. Gamzatov Dagestan Pedagogical University
THE GENESIS OF THE INSTITUTE OF LABOR PROTECTION IN RUSSIAN LEGISLATION IN THE 90S OF THE TWENTIETH CENTURY. THEORETICAL AND LEGAL STUDIES
The first remarks on ensuring occupational safety and health are a thing of the past. Despite this, workers still get injuries, quite often fatal accidents while working takes place. The working conditions in which the employee works and their safety are also the basis for the formation of children and others. Based on the historical and legal method, the systematic approach method, the comparative legal method and the method of document analysis, the author examines the history of the formation and development of domestic labor legislation on labor protection.
Keywords: labor protectionn, legislation, labor rights, institute of law.
Bibliographic list of articles
1. Barkhatova Yu. K. Historical stages of development of labor protection in Western Europe // Modern technologies and scientific and technical progress. – 2021. – No. 8. – P. 244-245.
2. Boykov E. A. History of the state administration of labor protection in the Russian Federation // Bulletin of the Voronezh Institute of High Technologies. – 2022. – No. 1. – P. 175-179.
3. Vladimirova G. E. Development of legal regulation of labor protection in the Russian Federation: history and modernity // Legal science. – 2021. – No. 5. – P. 4-8.
4. Govorkova A. A. History of the formation and development of the Institute of Labor Protection in the Russian Federation // Student Bulletin. – 2020. – No. 1-3. – pp. 43-46.
5. Sopshina N.V. Development of labor protection: history and modernity // Young scientist. – 2022. – No. 15. – P. 295-298.
HISTORY OF STATE AND LAW
FURMAN Tatyana Gennadjevna
Ph.D. in cultural studies, associate professor, associate professor of Administrative law sub-faculty of the North-Western Institute of Management of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation
THE FORMATION OF MODERN POLITICAL AND LEGAL CULTURE IN RUSSIA
The article examines the problem and prerequisites for the formation and development of state policy in the field of political and legal culture; socio-legal and cultural regulators of public life are explored; analyzes problems related to public administration in the field of culture, such as the political use of culture and restrictions on freedom of expression; within the framework of the study, law is correlated with a transcendental approach to the knowledge of social life, which involves treating a person as a valuable individual.
Keywords: historical consciousness, historical thinking, public administration, socio-legal and cultural regulators, society, personality, state, freedom, law, rule of law, public policy, cultural sphere, national identity , cultural sovereignty, cultural policy, cultural and traditional values, patriotism, independence, responsibility.
Bibliographic list of articles
1. Avakyan S. A. Constitutional theory and practice of public power: patterns and deviations // Constitutional and municipal law. 2015. No. 10. P. 3-11.
2. Artyukhov A.V. Criminalization of modern Russian society: sociocultural analysis: dis. …cand. legal Sci. Rostov-on-Don, 2003. 253 pp.
3. Basalaeva O. G. Fundamentals of the state cultural policy of the Russian Federation. 2nd ed. M.: Yurayt, 2022.
4. Bikmetov E. Yu., Lukyanov A. V., Pushkareva M. A. Interpretation of property in socio-political concepts of I.G. Fichte and I. Kant // Kant. 2019. No. 2 (31). pp. 167-171.
5. Bobrova N. A. The foundation of a new scientific school has been laid: review of the monograph: Umnova-Konyukhova I. A. Constitutional futuristic law and constitutional futurology in the twenty-first century. Moscow: Rusigns, 2021. 286 pp.
6. Gayazov A. S. Formation of a citizen: theory, practice, problems. Chelyabinsk: Publishing house of the Chelyabinsk State Pedagogical University “Fakel”, 1995. 242 pp.
7. Hegel G. V. F. Philosophy of Law. M.: Mysl, 1990. 524 pp.
8. Ikonnikova G.I., Lyashenko V.P. Philosophy of Law. M.: Yurayt, 2012. 364 pp.
9. Kamenets A.V. Fundamentals of cultural policy. M.: Yurayt, 2023. 180 pp.
10. Marx K., Engels F. Soch. 2nd ed. T. 21. M.: State Publishing House of Political Literature, 1961. 745 pp.
11. Pronin A. A. Legal regulation in the sphere of culture. M.: Yurayt, 2022. 169 pp.
12. Razbegaev P.V. Patriotism as a key factor in education: normative and legal aspect. The world of science, culture, education. 2021. No. 5 (90). pp. 148-150.
13. Cohen S. F. Failed Crusade: America and the Tragedy of Post-Communist Russia. N.Y.: W.W. Norton, 2001. P. 135-171.
14. Lieven A. Chechnya: Tombstone of Russian Power. New Haven: CT: Yale University Press, 1999. P. 147-300.
15. Reddaway P., Glinski D. The Tragedy of Russia’s Reforms: Market Bolshevism against Democracy. Washington, D.C.: US Institute of Peace Press, 2000. 745 p.
HISTORY OF STATE AND LAW
FURMAN Felix Pavlovich
Ph.D. in philosophical sciences, professor of Social sciences of the North-Western Institute of Management of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation
POLITICAL, LEGAL AND IDEOLOGICAL DIFFERENCES BETWEEN EARLY MARXISTS AND POPULISTS
The article is devoted to the study of the historical heritage of domestic non-statist social thought. The author of thearticle, having studied program documents, letters and memoirs of public figures in Russia, determines the specifics of the development of Russian statehood in the crisis situation of the twentieth century; examines the parallels between the populist and Marxist political traditions; the similarities between both of these traditions are examined in detail, including the special role of the state, its ability to use socialist (more precisely, anti-bourgeois) slogans for camouflage, the weakness of the bourgeois and democratic social strata, and the political passivity of the intelligentsia; special attention is paid to the origins of these traditions, which initially did not boil down to simple borrowing, although later they adopted a lot from each other’s experience; considers how Russian Marxists, in order to seize power in the country, promised to implement the agrarian and political programs of the populists; determines that the development of the Russian state has always been determined by solving the problem of interaction between the state and the people; analyzes how political changes in Russian society successfully reproduce previous principles of management; studies the historical experience of building interactions between the state, the center of political power and the people.
Keywords: populism, state, right, law, legality, justice, revolution, Bolshevism, community, Marxism, federation.
Bibliographic list of articles
1. Blokhin V.V. Conservative populism – utopia or not? // Russian history. 2022. No. 1. P. 24-28.
2. Vdovin A.I. USSR. History of a great power. 1922-1991. M., 2018. 484 p.
3. Vernadsky G.V. (1887-1973). The outline of Russian history: With appendix. “Geopolitical notes on Russian history” by P. N. Savitsky. Prague, 1927. Part 1. 890 p.
4. Volodin A.I., Itenberg B.S. The legacy of P. L. Lavrov in the ideological struggle of the 1920s. // National history. 1993. No. 5. P. 229-236.
5. Gessen V. M. Revival of natural law. St. Petersburg, 1992. 410 pp.
6. Grosul V. Ya. Education of the USSR (1917-1924) / All-Russian public organization “Russian scientists of socialist orientation”. M., 2012. 310 pp.
7. Kalinovsky V.V., Samylovskaya E.A. At the head of the Russian Slavic movement // Russian history. 2022. No. 3. P. 41-49.
8. Karnishin V. Yu. Zigzags of the fate of one of the “amazing people” // Russian history. 2022. No. 1. P. 15-26.
9. Kistyakovsky B. A. Philosophy and sociology of law. St. Petersburg, 1998. 410 p.
10. Kolerov M. A. From Marxism to idealism and the church. (1897-1927). M.: Publication of the bookstore “Tsiolkovsky”, 2017. 610 pp.
11. Kolerov M. A. Petr Struve. Revolutionary without the masses 1870-1918. M.: Publication of the bookstore “Tsiolkovsky”, 2020. 448 p.
12. Kononenko A. A. German historiography of the Socialist Revolutionary Party // Bulletin of Tomsk State University. 2016. No. 406. pp. 55-63.
13. Liu Juan. Historical essay on the study of V. I. Lenin’s sociological thought in China // Questions of history. 2022. No. 7. pp. 24-33.
14. Mironov B. N. From indigenization to sovereignization: how the disintegration of the USSR was prepared // Russian history. 2021. No. 6. pp. 41-54.
15. Mokshin G.N. What is populism? Materials for the discussion // Bulletin of the Surgut State Pedagogical University. 2020. No. 3(66). pp. 81-92.
16. Novgorodtsev P.I. On the social ideal. M., 1991. 328 p.
17. Obolonsky A.V. Drama of Russian political history: system versus personality. M., 1994. 380 p.
18. Osipov I. D. Philosophy of Russian liberalism (XIX – early XX centuries). St. Petersburg: SPbU, 1996. 298 p.
19. Pirumova N. M. Social doctrine of M. A. Bakunin. M., 1990. 460 p.
20. Letter from M. A. Bakunin to an unknown person // Bygone. 1906. No. 8. P.14-17.
21. Problems of idealism [1902]: Collection of articles. M.: Modest Kolerov, 2018. 702 pp.
22. Svatikov S. G. N. D. Nozhin // Voice of the past. 1914. No. 10. P. 29-34.
23. Serno-Solovyevich N. A. Journalism. Letters. M., 1963. 204 p. (23)
24. Steklov Yu. M. M. A. Bakunin. His life and work (1814-1876): in 3 hours. Part 1: 1814-1861. M., 1926. 512 p.
25. Sukhotina L. G. Prophecy of M. A. Bakunin // Bulletin of the USSR Academy of Sciences. 1991. No. 5. P. 41-44.
26. Chemshit A. A., Skrebets E. V., Matveeva Ya. V. The phenomenon of the Russian imperial idea: modern domestic historiography // Questions of history. 2022. No. 2-1. pp. 117-124.
27. Shelokhaev V.V. The main factor in the collapse of the Russian and Soviet empires. Thousand-year history of Russia: problems, contradictions and development prospects M., 2004. 520 pp.
HISTORY OF STATE AND LAW
MANAEVA Elena Konstantinovna
adjunct of the Academy of Management of the MIA of Russia
THE HISTORICAL POLICY OF RUSSIA IN THE ERA OF ENLIGHTENED ABSOLUTISM (THE SECOND HALF OF THE XVIII – EARLY XIX CENTURY)
The article examines the historical policy of Russia in the era of enlightened absolutism, a period marked by attempts to combine monarchical power with the ideals of Enlightenment. Under Catherine II and Alexander I Russia received significant political, social and cultural transformations. This study analyzes the features of enlightened absolutism in Russia, its influence on the historical policy of the state.
Keywords: Russia, enlightened absolutism, Catherine the Great, Alexander I, reform, historical politics, national identity.
Bibliographic list of articles
1. Empress Catherine the Second // Science is life! – 2003. – No. 2. Collection of scientific and educational articles, notes and publications. [Electronic resource]. – Access mode: http://nauka.relis.ru/10/0303/10303086.htm.
2. Pavlenko N. I. Catherine the Great. – Moscow, 2006. – P. 45-63.
3. Catherine II the Great – Man and History. Archives. [Electronic resource]. – Access mode: http://historical-persons.ru
4. Sakharov A. N. Alexander I. – M.: Nauka, 1998. Library of the Rose of the World. [Electronic resource]. – Access mode: http://rozamira.org.
5. Manifesto “On the accession to the Throne of Emperor Alexander I,” 1801. Russian legal portal: Pashkov Library. [Electronic resource]. – Access mode: https://constitutions.ru/?p=21114.
6. Zhirkov G. V. The first censorship charter (1804): illusions and practice, 2001. Zhirkov G. V. History of censorship. Section I. [Electronic resource]. – Access mode: http://narod.ru.
HISTORY OF STATE AND LAW
TUPIKINA Ekaterina Alexeevna
adjunct of the 1st course of the St. Petersburg Military Order of Zhukov Institute of the National Guard of the Russian Federation
DEVELOPMENT OF LEGISLATION ON CONCILIATION PROCEDURES, TAKING INTO ACCOUNT THE EXPERIENCE OF FOREIGN COUNTRIES
Today there are needs to relieve the Russian judicial system by developing the institution of mediation, and practical problems arise due to shortcomings and contradictions in legislative regulation: this is a low awareness of the population regarding the procedure, its high cost. The article compares the legislative regulation of mediation procedures in the United States and Italy regarding the requirements for mediators, the financing of mediation procedures, regarding mandatory mediation applied to certain categories of disputes, as well as the possibility of reception (assimilation) and use of certain provisions and their application in Russian legislation on mediation.
The task of the state, the professional community of mediators and scientists is to substantiate the expediency and necessity of using the mediation procedure and ensure its effectiveness in solving the problems of both the judicial community and civil society as a whole.
Keywords: mediation, conciliation procedures, alternative dispute resolution methods, institute of reconciliation.
Bibliographic list of articles
1. Vershinina E. V., Konovalov D. V., Novikov V. S., Khokhlacheva S. V. The concept and types of mediation in legislation and legal doctrine. – 2020. – No. 6. – P. 154.
2. Tsukarev A. E. Problems and prospects of mediation in Russia // E-Scio Scientific journal on the topic: Other natural and exact sciences, Economics and business, Educational sciences, Sociological sciences, Law. – 2021.
3. Tsukarev A.E. Problems and prospects of mediation in Russia // E-Scio. – 2021. – No. 2 (53). – P. 17.
CONSTITUTIONAL LAW
AKHMEDOV Said Mirzoevich
magister student of the 2nd year of study of the full-time student of the Institute of Law of the Dagestan State University, Makhachkala
SAYBULAEVA Saida Akhmedovna
Ph.D. in Law, associate professor of Constitutional and international law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
LEGAL PROPERTIES OF THE CONSTITUTION OF THE RUSSIAN FEDERATION
The scientific article analyzes the legal properties of the Constitution of the Russian Federation, considering them in the context of the modern legal system of the country. The article discusses the basic principles of the supremacy and supreme legal force of the Constitution, its role as the core of the legal system, the specifics of legal protection and the procedure for amendment. The authors emphasize the importance of the Constitution in ensuring stability, legality and protection of citizens’ rights and freedoms. The study concludes that the Constitution plays a key role in the organization of government and law and order in Russia.
Keywords: Constitution, Russian Federation, legal properties, supremacy, supreme legal force, legal protection, change, law and order.
Bibliographic list of articles
1. Egoraeva P. V. On the issue of the essence and legal properties of the constitution // Current issues of scientific research: materials of the International (correspondence) scientific and practical conference, Dushanbe, November 23, 2022. – Neftekamsk: Scientific Publishing Center “World of Science” (IP Vostretsov Alexander Ilyich), 2022. – P. 67-73.
2. Tokaeva Z. Kh. Legal properties of constitutions and charters of the constituent entities of the Russian Federation as systemic integrity // State and law in a civil society: collection of articles of the International Scientific and Practical Conference: at 2 o’clock, Penza, June 13, 2017. Volume Part 2. – Penza: Limited Liability Company “Aeterna”, 2017. – P. 131-137.
3. Taeva N. E. Law of the Russian Federation on an amendment to the Constitution of the Russian Federation: the evolution of legal properties // State and Law. – 2021. – No. 2. – P. 7-15.
4. Fomina V.I. Legal properties of the Constitution of the Russian Federation, their implementation // NovaUm.Ru. – 2017. – No. 10. – P. 285-287.
CONSTITUTIONAL LAW
IBAEV Rustam Kamilovich
associate professor of Criminal law and public law disciplines sub-faculty of the Dagestan State University of National Economy, Makhachkala
KHANMURZAEV Rashid Вagavdinovich
senior lecturer of Criminal law and public law disciplines sub-faculty of the Dagestan State University of National Economy, Makhachkala
THE PLACE OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION IN THE JUDICIAL POWER OF THE RUSSIAN FEDERATION
This article is devoted to the analysis of the role of the Constitutional Court in the system of separation of powers. The paper examines the main functions of the Constitutional Court, its influence on the legislative, executive and judicial branches of government, as well as mechanisms to ensure the constitutionality of the actions of state bodies. The decisions of the Constitutional Court are becoming exemplary for the interpretation of the Constitution of the Russian Federation, both by judicial authorities and state bodies. Examples from various countries with developed democratic systems are analyzed. The mechanisms of judicial control over compliance with laws and citizens’ rights also include control over the actions of executive authorities. The importance of the independence of the courts in Russia is the main condition for building a right-wing state and ensuring the effectiveness of the judicial system.
Keywords: Constitutional Court, separation of powers, constitutionality, legislative power, executive power, judicial power, legal system, democracy.
Bibliographic list of articles
1. Constitution of the Russian Federation of 1993 (Adopted by popular vote on December 12, 1993, with amendments approved during the all-Russian vote on July 1, 2020). – M.: “Code”. – P. 6.
2. Avakyan S. A. Constitutional lexicon: State-legal terminological dictionary. – M.: Justitsinform, 2015. – P. 47.
3. Afanasyeva O. V., Kolesnikov E. V., Komkova G. N. Constitutional law of foreign countries: a textbook for universities. – 8th ed., revised. and additional – M.: Yurayt Publishing House, 2024. – 406 p.
4. Bezrukov A.V. Constitutional law of Russia: textbook. 3rd ed., revised. and additional – M.: Justitsinform, 2015. – P. 51.
5. Dzidzoev R. M., Kovtun O. A. Constitutional law of the Russian Federation. – Maykop: ElIT, 2022. – 582 pp.
6. Safonov V. E., Miryasheva E. V. Constitutional law of foreign countries. General part: textbook for bachelors. – M.: Yurayt Publishing House, 2015. – 351 p.
CONSTITUTIONAL LAW
ZHIVODROVA Svetlana Anatoljevna
Ph.D. in historical sciences, associate professor of Management and public administration sub-faculty of the Penza State University
ZHIVODROVA Nadezhda Anatoljevna
Ph.D. in Law, associate professor of Criminal law sub-faculty of the Penza State University
FEATURES OF COMBATING CORRUPTION IN PUBLIC SERVICE IN FOREIGN COUNTRIES, USING THE EXAMPLE OF THE UNITED ARAB EMIRATES
The article is devoted to the study of an urgent problem – combating corruption, which is typical for any state. The content of regulatory legal acts aimed at combating corruption in the public service in the UAE is analyzed, official crimes of a corrupt nature, such as bribery in the public and private sectors, as well as abuse of due authority are presented. It is concluded that, despite the limited range of regulatory legal acts in the civil service, the country occupies high positions in the world ranking.
Keywords: corruption, public service, regulatory legal acts, anti-corruption measures, crimes of a corrupt nature, penalties.
Bibliographic list of articles
1. Al-Baiti Mukhtar Avad Abdulla Problems of subjective characteristics of a crime in Muslim criminal law: dissertation … candidate of legal sciences: 12.00.08 / Al-Baiti Mukhtar Avad Abdulla. – Makhachkala, 2014. – 160 pp.
2. HSE Anti-Corruption Portal. 2023. [Electronic resource]. – Access mode: https://anticor.hse.ru/main/country/United_Arab_Emirates (access date: 02/18/2024).
3. Egorin A. Z., Isaev V. A. United Arab Emirates. – M., 1997. – 320 p.
4. Filonik A. O., Baturina V. N. The Arab world against corruption // Asia and Africa today. – 2021. – No. 5. [Electronic resource]. – Access mode: https://asaf-today.ru/s032150750015021-5-1/ (date of access: 03/11/2024).
CONSTITUTIONAL LAW
KAZIMAGOMEDOV Kadichaga Shirinbegovich
magister student of the 2nd course of Constitutional and International law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
RAMAZANOVA Elvira Tazhutdinovna
Ph.D. in Law, associate professor of Constitutional and international law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
TERRITORIAL PUBLIC SELF-GOVERNMENT AS A FORM OF DIRECT DEMOCRACY
The article reveals the peculiarities of the formation and development of territorial self-government bodies as a form of direct democracy. In turn, it is emphasized that the latter acts as a bulwark of the will of the people. The opinions of some authors are being investigated. The experience of CBT development in the Republic of Dagestan and the problems of their functioning are touched upon. The work reflects empirical data. The ways of improving the effective functioning of CBT in the republic and, in Russia, as a whole are stated. At the end of the study, the conclusions are presented, which emphasize the positivity of the stated proposals.
Keywords: democracy, population, society, state, local budget, citizens, municipality, state bodies.
Bibliographic list of articles
1. Association of Territorial Public Self-Governments of the Republic of Dagestan. [Electronic resource]. – Access mode: https://www.audit-it.ru/ (date of access: 03/20/2024).
2. Vasilenko I. A. Political science: textbook. 3rd ed., revised. and additional – M.: Yurayt; Publishing House Jurayt, 2011. – 421 pp.
3. Results of the activities of TPS bodies in the Republic of Dagestan for 2023. [Electronic resource]. – Access mode: https://active-city.org/news/itogi-raboty-organov-tos-za-2023-god? (date of access: 03/20/2024).
4. Conditions for territorial public self-government in Russian regions. [Electronic resource]. – Access mode: https://grans.hse.ru. (date of access: 03/20/2024).
5. Shugrina E. S. Territorial public self-government on the map of Russia // Russian municipal practice. – 2019. – No. 02 (80). – pp. 20-27.
CONSTITUTIONAL LAW
KLIMOVA Olesya Valerjevna
Ph.D. in Law, associate professor of State and legal disciplines sub-faculty of the Far Eastern Branch of the Russian State University of Justice, Khabarovsk
ILYINYKH Alexander Vladimirovich
senior lecturer of the Higher School of Public Law of the Pacific State University, Khabarovsk
CONSTITUTIONAL REFORM 2020: ANALYSIS OF INDIVIDUAL AMENDMENTS TO THE CONSTITUTION OF THE RUSSIAN FEDERATION
The authors of this article consider a number of amendments to the Constitution of the Russian Federation adopted in 2020. Based on the research conducted, it is concluded that all these changes contribute to strengthening state integrity and sovereignty, and have a positive impact on the prospects for state-building in Russia. At the same time, it is necessary to bring Russian legislation into line with the updated text of the Constitution of the Russian Federation and create an effective mechanism for the implementation of new constitutional norms in law enforcement practice. The authors present proposals for amendments to the legislation of the Russian Federation, contributing to the solution of these tasks.
Keywords: Constitution of the Russian Federation, amendments, state integrity, national security, state building, Russian statehood, society
Bibliographic list of articles
1. On the Government of the Russian Federation: Federal Constitutional Law of November 6, 2020 No. 4-FKZ // SZ RF. 2020. No. 45. Art. 7061.
2. On the Constitutional Court of the Russian Federation: Federal Constitutional Law of July 21, 1994, No. 1-FKZ (as amended on July 29, 2018) // SZ RF. 1994. No. 13. Art. 1447; 2018. No. 31. Art. 4811.
3. On the general principles of the organization of legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation: Federal Law of October 6, 1999 No. 184-FZ // SZ RF. 1999. No. 42. Art. 5005 (repealed).
4. On the Government of the Russian Federation: Federal Constitutional Law of December 17, 1997 No. 2-FKZ (as amended on December 28, 2016) // SZ RF. 1997. No. 51. Art. 5712; 2017. No. 1 (Part I). Art. 3. (lost force).
5. Address of the President of the Russian Federation to the Federal Assembly dated January 15, 2020 // Parliamentary newspaper. 2020. No. 2. January 17-23.
6. Message of the President of the Russian Federation to the Federal Assembly of December 12, 2013 / Rossiyskaya Gazeta. 2013. December 13.
7. Avakyan S. A. Is constitutional reform necessary in Russia? // Constitutional and municipal law. 2012. No. 9. P. 2-9.
8. Vydrin I.V. Features of the Constitution – a category of science of constitutional law // Constitutional and municipal law. 2019. No. 11. P. 9-14.
9. Morozov A. N. Constitutional reflection of generally recognized principles and norms of international law // Journal of Russian Law. 2018. No. 7. P. 33-45.
10. Shakhrai S. M. On the creative potential of the current Constitution of the Russian Federation // Citizen. Elections. Power. 2014. No. 1. P. 3-31.
CONSTITUTIONAL LAW
PIDUROV Temir Lachinovich
magister student of Constitutional and International law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
RAMAZANOVA Elvira Tazhutdinovna
Ph.D. in Law, associate professor of Constitutional and international law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
PRIVACY AS A REPRODUCTIVE RIGHT
In this article, the authors consider the legal nature of privacy as a key reproductive entitlement. The analysis of doctrinal sources and current legislation has been carried out, problems existing in the understanding and interpretation of the right to privacy have been identified. The author’s definition of the right to privacy is proposed, and the conclusion is debated that there is no expediency of legislating the definition of “private life”. In addition, the article reflects some aspects of the problem of ensuring privacy against the background of the development of biomedicine and genetic engineering.
Keywords: reproductive rights, privacy, constitutional and legal status, medical law, motherhood, fatherhood, reproductive technologies.
Bibliographic list of articles
1. Stankevich G.V., Yablonskaya A.A. Reproductive rights of citizens: content and implementation // Economics. Right. Society. – 2022. – T. 7. No. 4 (32). – pp. 47-52.
2. Fokina E. M. Reproductive human rights as an emerging generation of human rights in international practice and Russian legislation // Society, law, personality. Methodological and applied problems: genesis, modernity and future: Collection of articles of the International Scientific and Practical Conference, 2017. – pp. 56-58.
3. Kozheurova O. B. Human reproductive rights in modern Russia // Almanac of modern science and education. – 2009. – No. 1-1. – pp. 86-87.
4. Yurista A.V., Fel S.N., Boeva O.I. Modern aspects of the protection of reproductive human rights // Young science: collection of scientific papers of a scientific-practical conference for students and young scientists, 2016. – P. 292- 294.
5. Pirozhkova I. G., Pominova I. V. International standards and definition of reproductive rights: the problem of uncertainty in the domestic legal order // Medicine. – 2022. – T. 10. No. 1 (37). – pp. 50-59.
6. Golendyaev D.V. The essence and normative content of the right to privacy // Law enforcement in public and private law: Proceedings of the International Scientific and Practical Conference, 2018. – P. 58.
7. Ushakov D.N. Explanatory dictionary. [Electronic resource]. – Access mode: https://ushakovdictionary.ru/ (date of access: 02.19.2024).
8. Ivansky V. P. Phenomenology of the right to privacy in the postmodern era: philosophical and legal aspects // Bulletin of RUDN University. – 2011. – No. 3. – P. 48-49.
9. Mankevich I. A. Private life of a genius as a subject of cultural studies // Questions of cultural studies. – 2009. – No. 4. – P. 83-87.
10. Smolkova I. V. Problems of secrets protected by law in criminal proceedings: specialty 12.00.09 “Criminal procedure, criminology; operational-search activity” dissertation for the degree of Doctor of Law. – Irkutsk, 1998. – 404 p.
11. Romanovsky B. G. Constitutional right to privacy in the context of the development of genomic medicine // Constitutional and municipal law. – 2023. – No. 5. – 312 pp.
CONSTITUTIONAL LAW
ALEKHIN Timofey Olegovich
postgraduate student of the 2nd year of study of the Department of Economics, Management and Law of the Moscow City Pedagogical University
CULTURAL HUMAN RIGHTS IN THE CONSTITUTIONS OF RUSSIA AND INDIA: A COMPARATIVE REVIEW
The article considers the Constitutions of Russia and India, includes issues related to constitutional legislation in the field of culture and cultural cooperation. Human rights and ensuring the protection of these rights by the norms of the constitution are considered. The article also considers the issues of cultural policy of India and Russia and their development.
Keywords: constitutional rights of citizens, education, science, cultural rights, constitutions of modern states, intercultural dialogue between India and Russia, cultural values, protection of constitutional rights.
Bibliographic list of articles
1. Avakyan S. A. Main trends in the modern development of constitutional law // Constitutional law: results of development, problems and prospects: collection. materials international scientific conf / Rep. ed. S. A. Avakyan. M.: RG-Press, 2017. P. 14.
2. Alekhin T. O. Constitutional human rights in the field of culture // Issues of Russian and international law. 2023. Volume 13. No. 7A. pp. 166-173. DOI: 10.34670/AR.2023.39.50.045
3. Zaikin V.V. Features of the emergence and development of the Indian government (historical and theoretical aspect): abstract of thesis. …cand. legal Sci. Stavropol, 2001. 23 p.
4. Karpeeva S.V. Rights of foreign citizens in India. — Text: immediate // Young scientist. 2021. No. 53 (395). pp. 75-78. – [Electronic resource]. – Access mode: https://moluch.ru/archive/395/87430/ (date of access: 04/12/2024).
5. Nambudiripad E. M. Mahatma Gandhi and Gandhism. M.: Foreign publishing house. lit., 2002.
6. Safarova S. N. India in the context of globalization // Young scientist. 2017. No. 14 (148). pp. 580-581. – EDN YJWSEH.
7. Sadovnikova G.D. Commentary on the Constitution of the Russian Federation, article-by-article. – 12th ed., Spanish. and additional M.: Yurayt Publishing House, 2024. 244 p. (Professional comments). – ISBN 978-5-534-15856-4. – Text: electronic // Educational platform. Yurayt [website]. – [Electronic resource]. – Access mode: (date of access: 04/15/2024).
ADMINISTRATIVE LAW
BARANOVA Svetlana Anatoljevna
Ph.D. in Law, associate professor, associate professor of Constitutional and administrative law sub-faculty of the Baikal State University, Irkutsk
ON THE ISSUE OF ADMINISTRATIVE AND LEGAL GUARANTEES FOR INDIVIDUALS INVOLVED IN MAINTAINING PUBLIC ORDER
The article examines the issue of social guarantees for individuals who contribute to maintaining public order. It analyzes federal and regional laws that regulate the personal insurance of these individuals in case of death or injury during their work. The study identifies relevant trends in providing insurance payments and benefits. The debatable issue of the need to adopt norms of criminal legislation aimed at protecting the life of a national vigilante, a freelance police officer as one of the guarantees of their status has been studied.
Keywords: public order, maintaining public order, national vigilante, guarantees, insurance.
Bibliographic list of articles
1. Bavsun M.V., Stebeneva M.V. Transformation of the personality of a criminal in post-industrial society // All-Russian Journal of Criminology. – 2023. – T. 17. No. 4. – P. 340-351.
2. Erakhmilevich V.V. Some issues of application of criminal legislation for persons participating in the protection of public order as part of the people’s squad // Russian-Asian Legal Journal. – 2023. – No. 1. – P. 9-10.
3. Ragunshtein A.G. Legal status of voluntary people’s squads for the protection of public order (1959-1991) // Historical and legal problems: a new perspective. – 2020. – No. 1. – P. 121-134.
4. Soshin A. A., Samsonov V. A. Features of the application by employees of internal affairs bodies of certain measures to ensure proceedings in cases of administrative offenses // Baikal Research Journal. – 2018. – T. 9. No. 3.
5. Soshin A. A., Yakimova E. M. The role of local police commissioners in countering extremist activities // Baikal Research Journal. – 2022. – T. 13. No. 1.
ADMINISTRATIVE LAW
KADYKOV Alexander Vyacheslavovich
postgraduate student of Public audit sub-faculty of the Higher School of Public Audit (Faculty) of the M. V. Lomonosov Moscow State University
ON THE ISSUE OF THE ADMINISTRATIVE AND LEGAL REGIME FOR REGULATING THE PRODUCTION OF PESTICIDES AND AGROCHEMICALS INTENDED FOR EXPORT
The article examines the legal regulation of the safe handling of pesticides and agrochemicals that are produced on the territory of the Russian Federation for the purpose of subsequent export. An attempt has been made to show that in order to improve the regulation of this area, it is necessary to develop and introduce into the current legislation a special registration procedure for such products, which will significantly change the tax base in the industry.
Keywords: pesticides, agrochemicals, export, safe handling, environmental law, production of pesticides and agrochemicals.
Bibliographic list of articles
1. Brinchuk M. M. Constitutional foundations for the development of environmental law, 2009//Official website of the IGP RAS. [Electronic resource]. – Access mode: www.igpran.ru/public/publiconsite/
2. Nebytov V. G. Legal regulation in the sphere of pesticides management // Bulletin of technospheric safety and rural development. – 2017. – No. 2 (14). – pp. 53-58.
3. Slepenkova O. A., Ageshkina N. A. commentary on the Federal Law of July 19, 1997 No. 109-FZ: (article-by-article): taking into account the latest by-laws “On the safe handling of pesticides and agrochemicals.” – M.: ElKnigi, 2012. – pp. 5-7.
ADMINISTRATIVE LAW
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 (MSLA)
LIVSHITS Sergey Anatoljevich
Ph.D. in medical sciences, associate professor, professor of Medical law sub-faculty of the O. E. Kutafin Moscow State Law University (MSLA), chief physician GBUZ “Noginsk Hospital”
LITVICKIY Kirill Petrovich
GEO “Medical industrial consortium”
LEGAL REGULATION OF ENSURING TECHNOLOGICAL SOVEREIGNTY OF THE RUSSIA PHARMACEUTICAL INDUSTRY
This article discusses issues of ensuring the technological sovereignty of the Russian Federation in the pharmaceutical industry and the state of the modern Russian pharmaceutical market. Availability of necessary medicines to the population is of particular importance for ensuring the necessary quality of life of Russians, therefore, achieving technological sovereignty in the pharmaceutical sector is of great strategic importance both for the growth and development of the economy, and for the successful implementation of the state’s social policy.
The article pays attention to the legal, economic and political aspects of the functioning of the domestic pharmaceutical industry. Based on an assessment of the current state of the Russian pharmaceutical market, the priorities, goals and objectives of the process of achieving technological sovereignty are outlined. The directions for improving the pharmaceutical industry at the level of its development strategy, aimed at ensuring national drug safety in the current market conditions, are considered.
Keywords: pharmaceutical industry, technological sovereignty, segments of the pharmaceutical market, development strategy for the pharmaceutical industry.
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) // Access from SPS Consultant Plus
2. On approval of the Concept of technological sovereignty of Russia for the period until 2030: Order of the Government of the Russian Federation of May 20, 2023 No. 1315-r / Collection of Legislation of the Russian Federation, May 29, 2023 No. 22. Art. 3964 – current edition
3. On approval of the Strategy for the Development of the Pharmaceutical Industry of the Russian Federation for the period until 2030: Order of the Government of the Russian Federation dated 06/07/2023 No. 1495-r // Access from SPS Consultant Plus
4. On approval of methods for calculating indicators of the federal project “Medical Science for Humans”: Order of the Ministry of Health of Russia dated October 26, 2022 No. 700 // LEGALACTS: website. [Electronic resource]. – Access mode: https://legalacts.ru/doc/prikaz-minzdrava-rossii-ot-26102022-n-700-ob-utverzhdenii/?ysclid=lo84s5fqx551884552.
5. Batyrov T. Almost the entire Russian pharmaceutical market may be under threat due to import dependence / FORBES: website. [Electronic resource]. – Access mode: https://www.forbes.ru/biznes/479901-pocti-ves-rossijskij-farmrynok-mozet-okazat-sa-pod-ugrozoj-iz-za-importozavisimosti.
6. Sergeev N. A., Subbotina T. N. Prospects for improving the quality of life of elderly citizens of Russia // Current problems of active longevity and quality of life of elderly people: Sat. scientific Proceedings of the Second Regional Scientific and Practical Conference. – Kaluga, 2020. – pp. 201-206.
7. Subbotina T. N., Vasin T. M. Improving the logistics activities of preenterprises to maintain competitiveness in conditions of strong sanctions restrictions: digitalization of supply chains // Modern Economy Success. – 2022. – No. 3. – P. 103-110.
8. Ministry of Industry and Trade of Russia: official website. [Electronic resource]. – Access mode: https://minpromtorg.gov.ru/
9. Transcript of the plenary meeting of the St. Petersburg International Economic Forum. [Electronic resource]. – Access mode: https://rg.ru/2022/06/17/stenogramma-o-chem-rasskazal-vladimir-putin-na-plenarnom-zasedanii-pmef-2022.html?ysclid=l9lrron136783145146.
10. Pharmaceutical market of Russia. Results 2022: analytical report. [Electronic resource]. – Access mode: https://dsm.ru/
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
THE CONCEPT OF INFORMATION SECURITY OF MINORS
The scientific article emphasizes that currently a significant part of society in the world uses the Internet. Meanwhile, legal norms aimed at protecting minors from the negative impact of information posted on the Internet are being adopted at both the international and national levels. To a large extent, this is dictated by the fact that at an early age a person has mental instability to perceived information from the Internet, which ultimately poses a threat to minors.
It is emphasized that there is no actually legal definition of the term “information security of minors”, but at the same time this concept consists of several words – it is “information security” and “minors”, therefore, some interpretations available at the legislative and doctrinal level regarding information security were analyzed, as well as some judgments of scientists who offer their own vision according to the interpretation of “information security of minors”. As a result, on the basis of all the interpretations analyzed by us, the author’s definition of the phrase “information security of minors” is proposed.
Keywords: minors, information security, information environment, the Internet, destructive information, legal technology.
Bibliographic list of articles
1. Arsentiev M.V. On the issue of the concept of “information security” // Information Society. – 1997. – Issue. 4-6. – pp. 48-50.
2. Budanov S. A. Legal support of information security of minors: abstract. dis. …cand. legal Sci. – Voronezh, 2006. – 24 p.
3. Budanov S. A., Gavrilov S. T. Information security of minors: legal aspect // Territory of Science. – 2015. – P. 165-169.
4. Dzanagova, M.K., Beteeva M.M. Information security of children: concept and principles // Law and state: theory and practice. – 2020. – No. 3 (183). – pp. 273-274.
5. Ivanov S.V. Information security of children (theoretical and legal aspect) // Bulletin of the Catherine Institute. – 2011. – No. 2 (14). – P. 62-66.
6. Kenzhetaev B. E. Information security: concept, essence, content // Bulletin of Toraigyrov University. Humanitarian series. – 2020. – No. 4. – P. 36-45.
7. Kich I. S. Legal technology as an instrument of law-making policy // Current concepts of the development of the humanities and natural sciences: economic, social, philosophical, political, legal, aspects: materials of the international scientific and practical conference. Volume Part 2. – Novosibirsk: Academy of Management, 2016. – P. 102-104.
8. Kolobaeva N. E., Nesmeyanova S. E. Information security of minors and the right to access the Internet // Electronic application to the Russian Legal Journal. – 2020. – No. 6. – P. 14-21.
9. Mironova S. M., Simonova S. S. Protection of the rights and freedoms of minors in the digital space // All-Russian Criminological Journal. – 2020. – Volume 14. No. 2. – pp. 234-241.
10. Simonova S.S. Cybercrime and information security of minors // Problems of legal and technical protection of information. – 2020. – No. 8. – P. 92-96
11. Statev V. Yu., Tinkov V. A. Information security of distributed information systems // Information society. – 1997. – Issue. 1. – pp. 68-71.
12. Tikhomirov Yu. A. Legal technology – a tool for lawmaking and law enforcement // Legal technology. – 2007. – No. 1. – P. 12-15
13. Ursul A.D. Information strategy and security in the concept of sustainable development // Scientific and technical information. Series 1: Organization and methodology of information work. – 1996. – No. 1
14. Feoktistov G. G. Information security of society // Socio-political journal. – 1996. – No. 5. – P. 211-216.
ADMINISTRATIVE LAW
GERA Yuliya Mikhaylovna
adjunct of the Faculty of Training Scientific, Pedagogical and Scientific Personnel of the V. Ya. Kikot Moscow University of the MIA of Russia
THE CONCEPT AND ESSENCE OF DISCRETION IN THE PROCEEDINGS ON ADMINISTRATIVE OFFENSES
This article examines the institution of discretion in administrative proceedings. The relevance of the topic determines the ongoing process of reforming legislation on administrative offenses. This process in this area necessitates the elaboration and consideration of issues related to discretion in the proceedings on administrative offenses. The purpose of the study is to generalize the understanding of the interpretation of the concept of “discretion”, as well as to identify its essence. Scope of application of the results: the results of the research presented in the framework of the article can be applied by applicants entering college at faculties with a legal specialty or students of non-core educational institutions.
Keywords: discretion, discretion, right to choose, freedom of choice.
Bibliographic list of articles
1. Chechot D. M. Administrative justice (theoretical problems). – L., 1973. – P. 68.
2. Komissarov K.I. Judicial discretion in the Soviet civil process // Soviet state and law. – 1969. – No. 4. – P. 50.
3. Antropov V. G. Law enforcement discretion: concept and formation (logical-semantic analysis): abstract. dis. …cand. legal Sci. – Volgograd, 1995. – P. 14.
4. Papkova O. A. Judicial discretion in civil procedural law // Legislation. – 1999. – No. 2. – P. 63-64.
5. Nikitin A. A. Discretion in law and its signs // Bulletin of the Saratov State Law Academy. – 2012. – No. 6 (89). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/usmotrenie-v-prave-i-ego-priznaki/viewer (date of access: 03/12/2024).
6. Tikhomirov Yu. A. Discretion in the focus of law // Laws of Russia: experience, analysis, practice. – M.: Publishing house. House “Bukvoved”. – 2011. – No. 4. – P. 72-75
7. Solovey Yu. P. Discretion in the administrative activities of the Soviet police: dis. …cand. legal Sci. – M., 1982. – P. 20, 192.
8. Girvits A. V. Concept, signs and classification of administrative discretion // Siberian Legal Review. – 2014. – No. 4 (25). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ponyatie-priznaki-i-klassifikatsiya-administrativnogo-usmotreniya/viewer (date of access: 03/12/2024).
9. Chaban E. A. Administrative and jurisdictional discretion at the stage of initiating a case on an administrative offense (part 1) // Bulletin of the Krasnodar University of the Ministry of Internal Affairs of Russia. – 2017. – No. 3 (37). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/administrativno-yurisdiktsionnoe-usmotrenie-na-stadii-vozbuzhdeniya-dela-ob-administrativnom-pravonarushenii-chast-1/viewer (access date: 03/12/2024).
10. Abdrasulov E. B., Mugauova A. I. Some aspects of filling the gap in law through the analogy of law and the analogy of law as components of the interpretation of legal norms // Innovative science. – 2018. – No. 1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/nekotorye-aspekty-vospolneniya-probela-v-prave-cherez-analogiyu-zakona-i-analogiyu-prava-kak-sostavnyh-chastey-tolkovaniya-norm- prava/viewer (date of access: 03/12/2024).
11. Recommendations based on the results of the discussion of the possibility of applying the analogy of the law when considering cases of administrative offenses. Approved at a meeting of the Scientific Advisory Council at the Supreme Court of the Republic of Tatarstan on November 13, 2019 // State automated system of the Russian Federation “Justice”. [Electronic resource]. – Access mode: https://files.sudrf.ru/2658/user/rekomendatsii_po_primeneniyu_analogii_zakona_pri_AP.pdf (date of access: 03/12/2024).
ADMINISTRATIVE LAW
KAN Klim Alexandrovich
postgraduate student of the Faculty of Law of the M. V. Lomonosov Moscow State University, General Director of AMS Group LLC, Moscow
TO THE ISSUE OF DETERMINING THE ESSENCE OF FEDERAL TERRITORY
The article is devoted to the analysis of various approaches to understanding the essence of the federal territory. The author, based on a systematic interpretation of legal norms, formulates a position regarding the determination of the legal nature of the federal territory as a public legal entity and the place of its bodies in the system of public power of the Russian Federation. According to the author, the federal territory is a part of the subject of the Russian Federation. At the same time, the powers of the subject of the Russian Federation on federal territory are significantly limited. Thus, the author concludes that the federal territory is a special public legal entity, derived from federal legislation and, at the same time, endowed with a wide range of powers of regional and municipal authorities.
Keywords: federal territory, public authority, public administration.
Bibliographic list of articles
1. Zernov I.V. Constitutional features of the status of the federal territory: questions of theory and practice // Prologue: a magazine about law. – 2021. – No. 1. – P. 14-23.
2. Mayboroda V. A. Urban planning regulation of the development of the federal territory // Theoretical and applied jurisprudence. – 2020. – No. 4. – pp. 55-59.
3. Mayboroda V. A. Federal territory as a new subject of law: theoretical and legal research: dis. … doc. legal Sci. – M., 2023. – 346 pp.
4. Peshin N. L. Correlation of administrative-legal and municipal-legal elements of the status of the federal territory // Constitutional and municipal law. – 2022. – No. 5. – P. 62-67.
5. Sibileva A. Yu. On the issue of the legal status of federal territories // Scientific notes of the Crimean Federal University named after V. I. Vernadsky. Legal sciences. – 2020. – T. 6. No. 3. – P. 49-56.
ADMINISTRATIVE LAW
KURASHOVA Mariya Mikhaylovna
adjunct of the Voronezh Institute of the MIA of Russia
CHACHKHIANI Maxim Nikolaevich
adjunct of the Voronezh Institute of the MIA of Russia
PROBLEMS OF IMPLEMENTING THE CONCEPT OF “GOOD GOVERNANCE” IN THE RUSSIAN FEDERATION: REALITY AND PROSPECTS
In this article, the authors examine the concept of “good governance” as a system of universal principles for the implementation of executive power. In the course of analyzing the legal framework of the concept under consideration both in the domestic legal system and in foreign countries, as well as the works of administrative scientists, the authors identified a number of problems associated with its implementation in the rapidly developing legal reality of the Russian Federation. The authors pay special attention to the development of a model of a standard for the implementation of administrative procedures as one of the tools for effectively introducing the concept of “good governance” into the already established system of exercising public power.
Keywords: “good governance”, universal principle, legality, public authority, administrative procedure, legal standard, powers
Bibliographic list of articles
1. Sakhanova A. N. New paradigm of public administration “Good Governance”: the example of Japan as a prospect for the CIS countries. – text: electronic // Management in Russia and abroad. – 2014. – No. 1. – [Electronic resource]. – Access mode: http://www.mevriz.ru/articles/2014/1/1141.html (access date: 03/28/2024).
2. Davydov, K. V. Administrative procedures: the concept of legal regulation: dis. … doc. legal Sciences: 12.00.14. – Nizhny Novgorod, 2020. – 655 p. – Text: direct.
3. General administrative law: textbook: in 2 hours – Part 2: Administrative tort law (Administrative Code of the Russian Federation). Administrative legal proceedings (CAS RF) / Ed. Yu. N. Starilova; Voronezh State University. – 2nd ed., revision. and additional – Voronezh: VSU Publishing House, 2017. – Part 2. – 822 p. – ISBN 978-5-9273-2253-4. – Text: direct.
4. Khamedov I. A., Khvan L. B., Tsai I. M. Administrative law of the Republic of Uzbekistan. General part: textbook for universities // University of World Economy and Diplomacy, Tashkent State University. legal institute – Tashkent: Konsauditinform-Nashr, 2012. – 591 p. – ISBN 978-9943-311-22-0. – Text: direct
CIVIL LAW
GAYBATOVA Kuruma Daudovna
Ph.D. in Law, associate professor of Civil law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
MUSTAFAEV Dzhabrail Shamilevich
magister student of the 1st year of study under the program “Actual problems of civil law” of the Institute of Law of the Dagestan State University, Makhachkala
INHERITANCE AGREEMENT IN THE RUSSIAN LEGAL SYSTEM
This article is devoted to the study of a new basis for inheritance – an inheritance agreement, which appeared in the Russian Civil Code after the adoption of Federal Law No. 217-FZ of July 19, 2018 “On Amendments to Article 256 of Part One and Part Three of the Civil Code of the Russian Federation.” The article analyzes the main provisions of the designated institution in Russian and foreign law. The main approaches to defining the concept of an inheritance contract are considered. An attempt has been made to assess the significance, relevance and consequences of the introduction of an inheritance agreement into the domestic legal system. Attention is also paid to existing problems and shortcomings in the area under study and ways to solve them are proposed.
Keywords: inheritance law, inheritance contract, inheritance relations, grounds for inheritance.
Bibliographic list of articles
1. Explanatory note to the draft Federal Law No. 801269-6 “On introducing amendments to parts one, two and three of the Civil Code of the Russian Federation, as well as to certain legislative acts of the Russian Federation” // SOZD GAS “Legislation”. [Electronic resource]. – Access mode: https://sozd.duma.gov.ru/bill/801269-6 (date of access: 04/04/2024).
2. Rybakova S. A. History of the origin and formation of inheritance law in Russia. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/istoriya-zarozhdeniya-i-stanovleniya-nasledstvennogo-prava-v rossii (date of access: 04.04.2024).
3. Krasheninnikov P.V. Inheritance law (including inheritance funds, inheritance agreements and modern wills). 4th ed., revised. and additional – M., 2019.
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
SOME ASPECTS OF THE LEGAL REGULATION OF THE PLEDGE OF EXCLUSIVE RIGHTS
The article examines theoretical and practical issues related to the pledge of exclusive rights. The current norms of the current legislation and doctrinal provisions on this type of pledge are considered. The article identifies and assesses the risks of pledging exclusive rights that arise in the legal and economic sphere. The article proposes measures to minimize the identified risks through the rules of the pledge agreement, which the parties can provide for by the pledgor and pledges. In addition, the author makes proposals to change the current legislation regarding the rights of pledge holders under a pledge agreement, which, in the author’s opinion, would contribute to the practical implementation of the pledge of intellectual rights.
Keywords: pledge, intellectual rights, exclusive rights, legal risks, pledgor, pledgee.
Bibliographic list of articles
1. Gorinenko V. Pledge by force of law when financing the targeted acquisition of movable property. Why is it not in domestic legislation and is the analogy of the law applicable here? – [Electronic resource]. – Access mode: https://zakon.ru/blog/2021/12/23/zalog_v_silu_zakona_pri_finansirovanii_celevogo_priobreteniya_dvizhimogo_imuschestva_pochemu_ego_net (date of access: 04/05/2024).
2. Ekimova V. S. Pledge of exclusive rights – an opportunity for development. Law of the future: Intellectual property, innovation, Internet: Yearbook. Vol. 1 (edited by E. G. Afanasyeva) / RAS. INION. Center. social scientific information research Dept. jurisprudence; Caf. business law of Moscow State University. M. V. Lomonosova, 2018. – P. 117-121.
3. Pledge of intellectual property: a new opportunity for an investor? – [Electronic resource]. – Access mode: https://finance.rambler.ru/other/44901935-zalog-intellektualnoy-sobstvennosti-novaya-vozmozhnost-dlya-investora/ (date of access: 04/04/2024).
4. Mamadzhanov Kh. A., Perepechko O. V. Intellectual property as a subject of pledge. Problems and proposals // Property relations in the Russian Federation. – 2017. – No. 12. – P. 21-35.
5. Maslenkova O. F. Pledge of exclusive rights to intellectual property in Russia: current scientific and practical commentary on law enforcement // Bulletin of St. Petersburg University. Right. – 2017. – T. 8. Issue. 1. – pp. 108-119.
6. Medvedev S.V. Pledge of exclusive rights: why register, what risks are there and how to minimize them. – [Electronic resource]. – Access mode: https://www.gorodissky.ru/publications/articles/zalog-isklyuchitelnykh-prav-zachem-registrirovat-kakie-est-riski-i-kak-ikh-minimizirovat/
7. Ostapova E. A. Division of transactions into obligatory and administrative: prospects for legislative reinforcement // Scientific notes of the Crimean Federal University named after V. I. Vernadsky Legal sciences. – 2021. – T. 7 (73). No. 4. – pp. 272-279.
8. Resolution of the Plenum of the Supreme Court of the Russian Federation dated April 23, 2019 No. 10 “On the application of part four of the Civil Code of the Russian Federation” // Bulletin of the Supreme Court of the Russian Federation. – 2019. – No. 7.
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
BURAYKIN Alexander Vladimirovich
postgraduate student of the Institute ofLaw of the Samara State University of Economics
TERMINATION OF THE EXCLUSIVE RIGHT TO A TRADEMARK
Termination of the exclusive right entails its loss by the copyright holder. And this, in turn, deprives the copyright holder of the exclusive right to own, use, dispose of and protect the trademark in any legal way. As soon as the exclusive right expires, that is, when an en-try is made in the state Register of Trademarks and service Marks, any interested person can apply for registration of a similar mark. In this regard, it is worth noting that the termination of the right to a trademark can have a significant impact on business, since it af-fects the reputation of both the mark itself and its rightholder. This article examines the termination of the exclusive right to a trademark from the point of view of theory and law enforcement practice. The possible reasons for the termination of the legal protection of the mark from the perspective of domestic legislation are also under investigation. The normative legal acts in the specified sphere of legal relations are analyzed, gaps in the current legislation are revealed.
Keywords: trademark, exclusive right, non-use of the trademark, termination of legal protection.
Bibliographic list of articles
1. Gavrilov E. P. Termination of the exclusive right to a trademark (analysis of subparagraph 6 of paragraph 2 of Chapter 76 of the Civil Code of the Russian Federation) // Economy and Law. – 2020. – No. 8. – P. 22-29.
2. Dmitriev A.I. Termination of legal protection of a trademark. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/prekraschenie-deystviya-pravovoy-ohrany-tovarnogo-znaka / (date of access: 03/27/2024).
3. Kudakov A.D. Non-use of a trademark as a basis for termination of its protection. – [Electronic resource]. – Access mode: https://www.dissercat.com/content/neispolzovanie-tovarnogo-znaka-kak-osnovanie-dlya-prekrashcheniya-ego-okhrany/ (date of access: 04/03/2024).
4. Tolubaeva E.I. On the proper procedure for considering a dispute about the early termination of legal protection of a trademark due to non-use // Arbitration and civil process. – 2023. – No. 2. – P. 15-20.
5. Taylor Richard J. Loss of trademark rights through nonuse: a comparative worldwide analysis // Trademark Re-porter. – 1990. – Vol. 80. – P. 200.
CIVIL LAW
IDRISOVA Maryana Etibarovna
magister student of the 2nd year of study of the educational master’s program “Actual problems of civil law” of the Institute of Law of the Dagestan State University, Makhachkala
HUSEYNOVA Larisa Vagidovna
Ph.D. in Law, associate professor of Civil law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
COMPANY NAME AS A MEANS OF INDIVIDUALIZATION OF A LEGAL ENTITY
The article analyzes the role of a company name as a tool for individualization of legal entities. Particular attention is paid to the ban on using the official name “Russian Federation” or “Russia” in the name of a legal entity, as well as words derived from this name. Current judicial practice on disputes related to brand names is provided, as well as proposals for resolving the problem of non-compliance with the ban on the use of the words “Russian Federation” or “Russia”.
Keywords: company name, official name “Russian Federation” or “Russia”, derivative words from “Russian Federation” or “Russia”, state registration of a legal entity, registration authorities, individualization.
Bibliographic list of articles
1. Rosenberg V.V. Firm: Dogmatic essay. – St. Petersburg: Type. ed. period. ed. Ministry of Finance, 1914. – 181 p.
2. Kochkurova K. S. Features of including the official name “Russian Federation” or “Russia” in the corporate name of a legal entity, as well as words derived from this name // Socio-political sciences. – 2019. – No. 6. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/osobennosti-vklyucheniya-v-firmennoe-naimenovanie-yuridicheskogo-litsa-ofitsialnogo-naimenovaniya-rossiyskaya-federatsiya-ili (date of access: 04/05/2024).
CIVIL LAW
KIRILLOVA Elena Anatoljevna
Ph.D. in Law, associate professor of Civil law sub-faculty of the Southwest State University, Kursk
LUKIN Danila Sergeevich
student of the 4th course of the Faculty of Training specialists for the judicial system full-time (full-time Faculty of Law) of the Russian State University of Justice
LEGAL STATUS AND MAIN FEATURES OF SMART CONTRACTS
The article examines the legal status and main features of smart contracts. The development of blockchain technologies has led to the emergence of a completely new type of contracts – smart contracts, which require a comprehensive analysis. The ongoing research has shown that the existing approaches to defining the characteristics of smart contracts do not sufficiently reflect the civil nature of smart contracts. According to the results of the study, it was concluded that the main characteristics of smart contracts include: decentralization; peer-to-peer; immutability; Transparency; automation; fraud protection; safety; economic efficiency.
Keywords: smart contract; legal status; blockchain technology; Internet platform; civil; turnover contract law.
Bibliographic list of articles
1. Kirillova E. A., Bogdan V. V., Lagutin I. B. Legal Status of Smart Contracts: Features, Role, Significance // Juridicas Cuc. – 2019. – Vol. 15. – Issue 1. – P. 285-300.
2. Goryacheva A. I. Smart contracts: applicable law // Law and state: theory and practice. – 2020. – No. 3 (183). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/smart-kontrakty-primenimoe-pravo (date of access: 05.26.2024).
3. Grin O. S., Grin E. S., Solovyov A. V. Legal design of a smart contract: legal nature and scope of application // Lex Russica. – 2019. – No. 8 (153). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/pravovaya-konstruktsiya-smart-kontrakta-yuridicheskaya-priroda-i-sfera-primeneniya (date of access: 05.26.2024).
4. Efimova L. G., Sizemova O. B. Legal nature of a smart contract // Banking Law. – 2019. – No. 1. – pp. 23-30.
5. Lapina A. A. On approaches to the legal nature of a smart contract. – Text: immediate // Young scientist. – 2021. – No. 16 (358). – pp. 268-271. [Electronic resource]. – Access mode: https://moluch.ru/archive/358/80070/ (date of access: 05/26/2024).
6. Nagrodskaya V. B. New technologies (blockchain / artificial intelligence) in the service of law: scientific and methodological manual / Ed. L. A. Novoselova. – M.: Prospekt, 2019.
7. Novoselova L. A. “Tokenization” of objects of civil law // Economy and Law. – 2017. – No. 12. – P. 29-44.
8. Belitskaya A.V., Belykh V.S., Belyaeva O.A. [et al.]. Legal regulation of economic relations in modern conditions of development of the digital economy: monograph / Responsible. ed. V. A. Vaypan, M. A. Egorova. – M.: Justitsinform, 2019.
9. Puchkov V. O. Is a smart contract an agreement? On the problem of digital transformation of the civil doctrine // Russian law: education, practice, science. – 2020. – No. 3. – P. 19-31.
10. Yurasov M. Yu., Pozdnyakov D. A. Smart contract and prospects for its legal regulation in the era of blockchain technology. [Electronic resource]. – Access mode: https://zakon.ru/blog/2017/10/09/smart-kontrakt_i_perspektivy_ego_pravovogo_regulirovaniya_v_epohu_tehnologii_blokchejn.
CIVIL LAW
KRESS Vyacheslav Viktorovich
Chairman of the Arbitration Court of the Moscow District, Ph.D. in Law
THE EVOLUTION OF THE UNDERSTANDING OF INTANGIBLE BENEFITS IN THE SCIENCE OF CIVIL LAW
The article is devoted to the study of the understanding of intangible benefits in the science of civil law. Intangible benefits and prototypes of their protection were known back in ancient antiquity, in this regard, the author analyzes the period of the ancient world, in the monuments of whose law only attempts were made to protect certain types of intangible benefits based on the principle of “talion”, which was also the basis for regulating the relevant relations of Ancient Russia.
In later periods, the rules of Roman law on torts and natural rights were borrowed and reproduced in their normative acts by many Western European States. At the same time, in ancient Russian law, special attention was paid to the concepts of honor and dignity, which are considered one of the elements of status and belonged to representatives of the ruling classes: the ancestral and military aristocracy.
The period of feudal fragmentation of most countries, including medieval Russia, is characterized by increased punishment for crimes against life and health.
With the development of Russian society in the period from the XVIII – early XX century, special attention is paid to intangible benefits. The pre-revolutionary Russian doctrine named life, health and freedom, name, honor, dignity, etc. among the basic human benefits, sometimes putting different content into their concept from the modern one. At the same time, already at that stage of the development of science, it was repeatedly pointed out the ideal nature of benefits inextricably linked to the concept of personality – life, freedom, health, honor, and it was also emphasized that due to the ideality of suchbenefits, they cannot be valued in monetary terms.
The current Civil Code of the Russian Federation, for the first time in the history of domestic legislation, devoted a separate chapter to intangible benefits and their protection, while Article 150 contains an approximate list of intangible benefits that relate to the fundamental rights and freedoms guaranteed by the Constitution of the Russian Federation.
Keywords: the concept of intangible benefits, honor, dignity, business reputation, fundamental rights and freedoms, monuments of the law of the ancient world, the principle of “talion”, torts, Roman law , natural rights.
Bibliographic list of articles
1. Cancik H. “Dignity of Man” and “Personal” in Stoic Anthropology: Some Remarks on Cicero, De Officiis I // Concept of Human Dignity in Human Rights Discourse / Ed. by D. Kretzmer, E. Klein. Netherlands, 2002.
2. Levy E. Natural Law in the Roman Period // Natural Law Institute Proceedings. University of Notre Dame. 1949. Vol. 2. P. 43-72.
3. McCrudden Ch. Human Dignity and Judicial Interpretation of Human Rights // The European Journal of International Law. 2008. Vol. 19. No. 4.
4. Shumway E. S. Freedom and Slavery in Roman Law // Law Review. University of Pennsylvania. 1901. No. 49.
5. Abstract and concrete person in the face of civil law / Prof. I. A. Pokrovsky. St. Petersburg: Printing house of the Public Benefit Partnership, 1913. 24 p.
6. Aristotle. Policy. M.: Knowledge, 1990.
7. Barberini R. Travel to Muscovy by Raphael Barberini in 1565 // Muscovy State of the XV-XVII centuries. L., 1986.
8. Belov V. A. Civil law: General and Special parts: Textbook. M.: JSC “Center YurInfoR”, 2003.
9. Bratus S.N. Subject and system of Soviet civil law. M., 1963.
10. Gambarov Yu. S. Civil law. General part: lectures. 1897-1898
11. Gambarov Yu. S. Civil law. The general part. T. 1. St. Petersburg, 1911.
12. Golubev K. I., Narizhny S. V. Compensation for moral harm as a way to protect non-property benefits of the individual. St. Petersburg: Legal Center Press, 2004.
13. Golubev K. I., Narizhny S. V. Compensation for moral harm as a way to protect non-property benefits of the individual. 2nd ed., add. St. Petersburg: Legal Center Press, 2001.
14. Civil law: Textbook / Answer. ed. S. S. Alekseev. 2nd ed., revised. and additional M.: Prospekt; Ekaterinburg: Institute of Private Law, 2009. (author of the chapter – S. S. Alekseev).
15. Civil law: Textbook / Ed. Yu. K. Tolstoy: In 3 volumes. M., 2013. Vol. 1. (author of the chapter – N. D. Egorov).
16. Civil law: Textbook. Volume 1 / Ed. O. N. Sadikova. M.: Contract; Infra-M, 2006. (author of the chapter – I. Sh. Fayzutdinov).
17. Civil law: Textbook: In 3 volumes. T. 1. 6th ed., revised. and additional / Ed. A. P. Sergeev, Yu. K. Tolstoy. M.: TK “Velby”; Prospect, 2003.
18. Dolinskaya V.V. Subject of civil law: trends and problems of development // Civilist. 2011. No. 4.
19. Ermolova O. N. Intangible benefits and their protection: Author’s abstract. dis. …cand. legal Sci. Saratov, 1998.
20. Ershov V. A., Sutyagin A. V., Keil A. N. Article-by-article commentary to the Civil Code of the Russian Federation // SPS ConsultantPlus. 2009
21. Zinchenko S. A., Galov V. V. Property and derivative property rights: theory and practice. Rostov-on-Don: SKAGS Publishing House, 2003.
22. Kalinin V. M. Commentary on legislation on compensation for harm caused to the life or health of military personnel. M.: For the rights of military personnel, 2004.
23. Karner E. Human rights and protection of individual rights in civil law // Bulletin of civil law. 2014. T. 14. No. 4. P. 258-261.
24. Commentary on the Civil Code of the Russian Federation, part one (article-by-article) / Ed. O. N. Sadikova. M.: Contract; Infra-M, 2005. P. 394-397 (author of the chapter – K. B. Yaroshenko).
25. Likhachev D.S. “The Tale of Igor’s Campaign” and the culture of his time. L., 1978.
26. Maleina M. N. Personal non-property rights of citizens: concept, implementation, protection. M.: MZ “Press”, 2000.
27. Meyerberg A. Journey to Muscovy of Baron Augustine Meyerberg // Approval of the dynasty. M., 1997.
28. Nokhrina M. L. Civil regulation of personal non-property relations not related to property ones. SPb.: Legal. Center Press, 2004.
29. Olearius A. Description of the journey to Muscovy. M., 1996.
30. Pokrovsky I. A. Abstract and concrete person in the face of civil law // Bulletin of civil law. 1913. No. 4.
31. Pokrovsky I. A. Main problems of civil law (ser. “Classics of Russian civil law”). M., 2013.
32. Legal monuments of the Ancient World: Educational materials on the General History of State and Law for students of the Faculty of Military Law / Ed. Yu. M. Biryukova. M., 1969.
33. Romovskaya Z. L. Personal non-property rights of citizens of the USSR: Author’s abstract. dis. …cand. legal Sci. Kyiv, 1968.
34. Barnin D.V. On the relationship between the concepts of intangible benefits and personal non-property rights // Lawyer. 2002. No. 7. P. 3-6.
35. Sinitsyn S. A. Personal non-property rights and human security in the virtual space // Journal of foreign legislation and comparative law. 2023. No. 1. P. 13-24.
36. Sitdikova L. B. Legal regulation of relations in the sphere of providing information and consulting services in the Russian Federation: abstract. dis. …doc. legal Sci. M., 2009. 50 p.
37. Sobchak A. A., Egorov N. D. Fundamentals of civil legislation: problems of improvement // Soviet state and law. 1988. No. 10.
38. Temnikova N. A. On the concept of “intangible benefit” in family law // Bulletin of Omsk University. Series “Law”. 2007. No. 4.
39. Temnikova N. A. Realization and protection of the personal non-property rights of the child in family law in Russia: Author’s abstract. dis. …cand. legal Sci. Ekaterinburg, 2006.
40. Timeshov R.P. Intangible benefits in civil law and their protection: abstract. …dis. …cand. legal Sci. Krasnodar, 2010.
41. Ulbashev A. Kh. General doctrine of personal rights. Moscow: Statute, 2019.
42. Fleishitz E. A. Personal rights in the civil law of the USSR and capitalist countries. M., 1941.
43. Fleishitz E. A. Personal rights in civil law of the USSR and capitalist countries // Fleishitz E. A. Selected works on civil law (series “Classics of Russian civil law”). In 2 vols. M., 2015. T. 1.
44. Chernilovsky Z. M. General history of state and law. M., 1996.
45. Chupova M.D. Forgotten Code of Laws (1589 and 1606/07) // Lex russica. 2017. No. 2. P. 184-207.
46. Staden G. About Ivan the Terrible’s Moscow. Notes of a German guardsman // Sources of history. Ryazan, 2005.
CIVIL LAW
KURMANBAEV Melis Mazhitovich
senior lecturer of Civil law sub-faculty of the Ural State University of Economics, Yekaterinburg
THE CONCEPT OF HOUSING AND COMMUNAL SERVICES: ECONOMIC AND LEGAL APPROACHES
The article discusses various interpretations of the concept of “housing and communal services”. Based on the analysis of various points of view of economists and lawyers, the concept of “housing and communal services” is formulated, its main criteria are given. Attention is drawn to the social orientation of housing legislation regulating housing and communal services.
Keywords: housing legislation, housing and communal services, quality of life, housing and communal services, social and industrial components of the sphere of housing and communal services.
Bibliographic list of articles
1. Komissarova L. A. Housing and communal services as a factor in the sustainable socio-economic development of the country // Bulletin of NGIEI. – 2010. – T. 1. No. 1. – P. 184-187.
2. Shugaeva I.V. Current state and analysis of development trends in the sphere of housing and communal services // Bulletin of the Volga University named after. V. N. Tatishcheva. – 2023. – T. 2. No. 1 (51). – pp. 177-185.
3. Spitsyna L. V. Classification of risks in the field of housing and communal services in modern conditions // News of Tomsk Polytechnic University. – 2012. – T. 321. No. 6. – P. 62-66.
4. Shepeleva E. A. Types of housing and communal services // In the collection: Derzhavin readings. Materials of the XXV All-Russian Scientific and Practical Conference. Rep. editor E. A. Kolesnichenko. – 2020. – pp. 263-271.
5. Zhdanovskaya N.V. Social protection of the population in the provision of housing and communal services // Economic Bulletin of the Scientific Research Institute of Economics of the Ministry of Economy of the Republic of Belarus. – 2021. – No. 11 (293). – pp. 36-43
6. Khyshova T.V., Losev V.S. The problem of realizing the quality of housing and communal services // In the collection: Current issues of economics and management. collection of materials from the IV International Scientific and Practical Conference. – 2018. – pp. 187-191.
7. Ulanova O. V., Salhofer S. P., Wünsch K. Integrated sustainable waste management. Department of Housing and Utilities. – Moscow, 2016. [Electronic resource]. – Access mode: https://monographies.ru/en/book/section?id=13284 (date of access: 03/21/2024).
8. Pardaeva G.P. Housing and communal services as a branch of the service sector // World Science. – 2020. – No. 8 (41). – pp. 119-122.
CIVIL LAW
LINNIKOV Alexander Sergeevich
Ph.D. in Law, lawyer of the Bar Association of the Moscow region “Linnikov and Partners”, Chairman of the Board of the Association of Participants in the payment services market “Non-profit Partnership “National Payment Council”
REGULATORY PREREQUISITES FOR CIVIL LAW CONTROL IN THE CONSTRUCTION CONTRACT
The paper considers the features of the legal regulation of civil control in the construction contract. The methodological prerequisites for the study of this phenomenon, the peculiarities of its normative consolidation, as well as its implementation in the relevant legal relations are established. The characteristic of the current legislation containing the norms regulating control and supervisory activities in the construction contract is given.
Keywords: civil law control, construction contract, principles of civil law, mechanism of civil law control.
Bibliographic list of articles
1. Ershov O. G. Control and supervision of the customer over the execution of construction work // Bulletin of Arbitration Practice. 2012. No. 5.
2. Petrov D. A. The concept and signs of self-regulation as a legal phenomenon // Lawyer. 2013. No. 20. pp. 27–31.
3. Egorova M. A. Commercial law: Textbook for universities. M.: RANEPA under the President of the Russian Federation; Statute, 2013. P. 248.
4. Sablin M. T. Concluding transactions without risk: checking the counterparty, contractual work, organizational system. M.: Library of the “Rossiyskaya Gazeta”, 2012. Vol. 14. 144 p.
5. Braginsky M.I., Vitryansky V.V. Contract law: General provisions. M.: Statute, 1997. P. 572-573.
6. Bogdanov E.V., Bogdanova E.E., Bogdanov D.E. The principle of solidarity in civil law of Russia // Journal of Russian Law. 2016. No. 11. P. 37-45.
7. Kozlova E. B. Features of the subjects of contracts that mediate construction activities in the sphere of creating real estate objects // Legal issues of construction. 2012. No. 2. P. 30-32 @@ Kozlova E. B. System of contracts aimed at creating real estate objects. M.: CONTRACT, 2013. 368 pp.
8. Grabko O. V. Classification of civil law control // Power of the Law. 2018. No. 2. P. 243-262.
9. Popondopulo V.F. WITHspecial investment contract as a legal form of investment agreements with the participation of a public legal entity // Competition law. 2017. No. 3. P. 17-24.
10. On freedom of contract and its limits: Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated March 14, 2014 No. 16 // Bulletin of the Supreme Arbitration Court of the Russian Federation. 2014 (May). No. 5.
11. Chernyak M. Ya. New in the legal regulation of construction // Soviet state and law. 1962. No. 4. P. 60 @@ Karavaikin A. A. Contract in capital construction. M.: Moscow State University, 1960. pp. 24-25 @@ Karavaykin A. A. Legal issues of capital construction // Issues of Soviet civil law / Ed. V. P. Gribanova. M.: Moscow State University, 1964. P. 144–147 @@ Sergeev A.P. Construction contract // Civil law: In 3 volumes. T. 2: Textbook / Rep. ed. A. P. Sergeev, Yu. K. Tolstoy. M.: Prospekt, 2006. P. 390.
12. Braginsky M.I. Improvement of legislation on capital construction. M.: Stroyizdat, 1982. pp. 96-97, 98.
13. Romanets Yu. V. System of contracts in civil law of Russia. M.: Lawyer, 2006. P. 112-114, 364-371 @@ Civil law: in 3 volumes. T. 2: Textbook / Rep. ed. A.P. Sergeev, Yu. K. Tolstoy. M.: Prospect, 2006. P. 358-360 @@ Civil law. Part two: Textbook / Answer. ed. V. P. Mozolin. M.: Lawyer, 2004. P. 285-290 @@ Vasiliev G. S., Rybalov A. O. Difference between contract and purchase and sale agreements: Discussing the problem // Jurisprudence. 2005. No. 1. P. 53-81 @@ Rovny V.V. Elements of a purchase and sale agreement. To help students and graduate students // Siberian Legal Bulletin. 2001. No. 4. P. 22-35.
14. Chigir V. F. Contract for capital construction. Minsk: BSU named after. V.I. Lenina, 1969. P. 81.
15. Petrukhin M.V. Agreement of participation in shared construction with the condition of a contract, their general and special legal nature // Lawyer. 2010. No. 5. P. 42. P. 38-43.
16. Ershov O.G. An employment contract cannot be replaced by a civil law construction contract // Labor Law. 2008. No. 11.
17. Kulichev R. B. Control in the field of contract work for state needs (types, order and features of implementation) // Law and Economics. 2014. No. 5. P. 20. P. 19–24 @@ Kulichev R.B. Legal regulation of contract work for state needs. M.: Justitsinform, 2016. 192 p.
18. Butaeva E. M. Forms of state regulation of urban planning activities // Taxes. 2010. No. 4 @@ Butaeva E. M. Organizing subjects interacting in the field of urban planning // Legal issues of construction. 2009. No. 2.
19. Keil A. N. Participant in shared construction and developer: who has the right to what and is responsible for what? // Housing law. 2009. No. 11 @@ Keil A. N. Current issues of dispute resolution in shared construction // Housing Law. 2009. No. 10.
20. Petrov D. A. The concept and signs of self-regulation as a legal phenomenon // Lawyer. 2013. No. 20. P. 27-31.
21. Chumachenko I.V. Contracts in the field of construction // Legal issues of construction. 2015. No. 2. P. 9-15 @@ Andrianov N. Problems of legal qualification of contractual relations of participants in investment activities in the field of capital construction // SPS ConsultantPlus. 2012 (date of access: 05/06/2024).
22. Kulichev R. B. Control in the field of contract work for state needs (types, order and features of implementation) // Law and Economics. 2014. No. 5. P. 19–24.
23. Civil law. Special part: textbook / N. V. Bagrova, T. Yu. Barishpolskaya, R. S. Bevzenko and others; edited by E.S. Boltanova. M.: INFRA-M, 2023. 583 p. (author of the chapter – I.D. Kuzmina).
24. Saltykov K. G. Interpretation of the term “economic activity” in Russian legislation and law enforcement practice // Property relations in the Russian Federation. 2015. No. 12. P. 80–87 @@ Kulichev R. B. Control in the field of contract work for state needs (types, order and features of implementation) // Law and Economics. 2014. No. 5. P. 19–24.
25. Kulichev R. B. Legal regulation of contract work for government needs. M.: Justitsinform, 2016. 192 p.
CIVIL LAW
MAZANAEV Murad Shabanovich
Ph.D. in Law, associate professor of Civil law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
TAYGIBOVA Zarema Zalimkhanovna
master student of the Institute of Law of the Dagestan State University, Makhachkala
PECULIARITIES OF TAXATION OF INDIVIDUAL ENTREPRENEURS AND THE SELF-EMPLOYED
The idea of self-employment as a promising and modern form of economic independence of citizens has recently often appeared in journalism and research due to its relevance. The article analyzes the taxation system in relation to individual entrepreneurs and the self-employed. The possibility of applying a tax on professional income by individuals and individual entrepreneurs is investigation, the dynamics of tax receipts and accruals are analyzed. Conclusions are drawn about the factors of choosing the forms of doing business, as well as the prospects of the institute of self-employment in the Russian Federation
Keywords: self-employment, professional income tax, taxation, individual entrepreneur, tax rate.
Bibliographic list of articles
1. Anisimov, A.L. Problems of forming the tax climate in the process of interaction between tax authorities and taxpayers // Problems of interaction between public and private law in regulating economic relations: materials of the VI International Scientific and Practical Conference (Ekaterinburg, May 16, 2023) / responsible for the issue A. V. Kurdyumov, executive editor N. S. Gromova. – Ekaterinburg: USUE, 2023. – 131 p.
2. Danilova S. N., Kozlova O. Yu., Teislina O. G. Main directions of state policy in the field of promoting employment in the region in the context of overcoming the consequences of coronavirus infection // Bulletin of the Saratov State Socio-Economic University. – 2020. – No. 4-5 (83). – pp. 110-114.
3. Klimova A. N. On the issue of the concept and characteristics of entrepreneurial activity // Bulletin of Kostroma State University. VAK. – 2017. – No. 6. – P. 182-184.
4. Polyakov V.V., Sumbatyan S.L., Basalaev V.A. Financial aspects of the formation of the institution of self-employment // Bulletin of the University. VAK. – 2020. – No. 1. – P. 144-148. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/finansovye-aspekty-stanovleniya-instituta-samozanyatosti?ysclid=lfqeok 9ver682277328 (date of access: 03.27.2024).
5. Semenova T. A., Chudnov I. A. Legal regulation of self-employment: Soviet experience and modern realities // Current issues of private law. Labor law. – St. Petersburg: News of higher educational institutions. Jurisprudence, 2018. – P. 21.
CIVIL LAW
MASLENNIKOVA Lyudmila Vladimirovna
Ph.D. in Law, associate professor of International private and business law sub-faculty of the I. T. Trubilin Kuban State Agrarian University, Krasnodar
NEBIERIDZE David Nikolaevich
student of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University, Krasnodar
NEW LEGISLATION IN OUT-OF-COURT BANKRUPTCY
In the article, the authors analyze the current legal status of one of the institutions of bankruptcy law – extrajudicial bankruptcy. The reasonableness of the legal regulation of relations, the boundaries of extrajudicial bankruptcy, as well as the degree of its compliance with the main trend in the development of rights of the Russian Federation are examined. The institution of extrajudicial bankruptcy of individuals is considered as a way to relieve debts for citizens who find themselves in a difficult financial situation. The regulatory framework for extrajudicial bankruptcy, the conditions and procedure for its implementation are analyzed, and the provisions of the current and previous versions of the provisions of the legislation on extrajudicial bankruptcy are compared. Particular attention is paid to the new criteria under which a citizen can file an application for declaring himself bankrupt out of court.
Keywords: bankruptcy, bankruptcy law, extrajudicial bankruptcy, debtor, citizen, writ of execution.
Bibliographic list of articles
1. Karelina S. A. Mechanism of legal regulation of insolvency relations. – M., 2008.
2. Insolvency (bankruptcy): Training course. In 2 volumes / Ed. Doctor of Law, Prof. S. A. Karelina. T. 1. – M.: Statute, 2019. – 925 p.
3. Bankruptcy of economic entities and citizens: textbook / L. V. Maslennikova, A. A. Astrakhankin, A. V. Mikhnevich [etc.]; under general ed. L. V. Maslennikova. – Krasnodar: KubSAU, 2017. – 256 p.
4. Federal Law of October 26, 2002 No. 3 127-FZ (as amended on December 25, 2023, as amended on March 19, 2024) “On Insolvency (Bankruptcy)” (as amended and additionally, entered into force on January 5 .2024).
CIVIL LAW
MEDENTSEVA Evgeniya Vladimirovna
Ph.D.in Law, associate professor of Legal support of economic activities sub-faculty of the Institute of Law of the Samara State University of Economics
TYUNIN Igor Igorevich
postgraduate student of the Institute of Law of the Samara State University of Economics
ISSUES OF LEGALIZATION OF UNAUTHORIZED BUILDINGS
At the present stage of the development of property rights, one of the most relevant topics is unauthorized construction and its legalization. Many citizens are engaged in construction on their land, building houses, sheds, outbuildings, and in the future they are unable to legalize this property. Entrepreneurs are also engaged in construction either on their own lands or on the land of the landlord, which also complicates the possibility of legalizing ownership of the building. In addition, difficulties arise when selling this property, because this property can no longer be sold, since the state Rosreestr will not conduct this transaction, since such property is not registered. These circumstances require further research in the field of legalization of unauthorized buildings in the Russian Federation. In the course of the work carried out, an analysis of civil studies in the field of legalization of unauthorized buildings in the Russian Federation was carried out. Based on the results of the analysis, the authors came to the conclusion that it is necessary to further improve the legal regulation of the legalization of unauthorized buildings in the Russian Federation. In particular, it is necessary to legislate the legal nature of unauthorized construction, excluding the term “structure” from Article 222 of the Civil Code of the Russian Federation and settle the issue of the possibility of applying the statute of limitations to unauthorized buildings in Article 234 of the Civil Code of the Russian Federation.
Keywords: building, structure, structure, unauthorized construction, legalization.
Bibliographic list of articles
1. Braginsky M.I., Vitryansky V.V. Contract law. Book two: Agreements on the transfer of property. – M.: Statute, 2002.
2. Kuzmina I. D. Legal regime of buildings and structures as real estate objects. – Tomsk: Tomsk University Publishing House, 2002.
3. Savina A.V. Legal regime of unauthorized construction: dis. …cand. legal Sci. – M., 2010.
4. Bakulin A.F., Petukhova A.V. On the negative nature of the demand for the demolition of unauthorized construction // Russian Legal Journal. – 2011. – No. 6.
5. Selivanov V.V. Civil law regime of unauthorized construction and its regulatory implementation: dis. …cand. legal Sci. – M., 2012.
6. Kozyr O. M. Real estate in the new Civil Code of Russia / Civil Code of Russia: problems, theory, practice: collection in memory of A. Khokhlov / Rep. ed. A. L. Makovsky. – M., 1998.
7. Betkher V. A, Nevzgodina E. L. Options for the legalization of unauthorized construction in the law, theory, practice and draft of the Civil Code of the Russian Federation // Laws of Russia: experience, analysis, practice. – 2016. – No. 10.
8. Meteleva Yu. A. Unauthorized buildings: problems of law enforcement // Lex Russica. – 2022. – No. 5 (186).
CIVIL LAW
MEDZHIDOVA Elena Vladimirovna
Ph.D. in Law, associate professor of Modern educational technologies sub-faculty of the Institute of Open and Distance Education of the South Ural National Research State University, Chelyabinsk
SOME PROBLEMS OF LEGAL REGULATION OF NEGOTIATIONS ON CONCLUSION OF AN AGREEMENT IN BUSINESS ACTIVITY
The basic requirements for conducting preliminary negotiations in Russian legislation appeared in 2015 by introducing amendments to the Civil Code of the Russian Federation through 434.1. The named article of the Civil Code establishes the conditions for the onset of civil liability at this stage. The article makes an attempt to characterize the legal nature of negotiation relations and pre-contractual liability. A critical analysis of some positions expressed in the scientific literature regarding the legal nature of negotiation relations is given. The norms of the current civil legislation providing for the liability of counterparties for dishonest behavior during negotiations on including a contract in business activities are considered. The author comes to the conclusion that fault for unfair negotiations should be recognized as contractual liability, which, in turn, will contribute to the implementation of the principle of freedom of contract in civil legal relations.
Keywords: preliminary negotiations, contractual liability, tortious liability, legal nature, civil liability, negotiation relations.
Bibliographic list of articles
1. Iering R. Culpa in contrahendo, or Compensation for losses in case of invalidity or non-conclusion of contracts / R. Iering, Russian translation: M. B. Zhuzhalov // Bulletin of Civil Law. – 2013. – No. 3. – P. 190-266.
2. Porotikova O. A. Approaches to understanding the nature of responsibility for improper negotiations // Bulletin of Voronezh State University. Series: Law. – 2021. – No. 3 (46). – pp. 107-114.
3. Kucher A. N. Theory and practice of the pre-contractual stage: legal aspect / A. N. Kucher. – M.: Statute, 2005. – 363 p.
4. Tolaeva N.V. Responsibility for unfair negotiations // Judge. – 201. – No. 10 (70). – pp. 22-26.
5. Karkhalev D. N. Methods of protecting organizational civil rightstheir rights // Legal world. – 2016. – No. 1. – P. 55-58.
6. Maleina M. N. Agreement on the negotiation procedure as an agreement and document in entrepreneurial activity // Entrepreneurial Law. – 2012. – No. 3. – P. 31-34.
7. Mazur O. V., Sergeev A. P., Tereshchenko T. A. Responsibility for unfair negotiations as a limitation of freedom of contract (on the example of the provisions of Article 434.1 of the Civil Code of the Russian Federation) // Freedom of contract: collection of articles of the Moscow State Law University named after. O. E. Kutafina. – M.: Publishing house “STATUT”, 2016. – P. 383-396.
8. Budylin S. L. Assurances and guarantees. Comparative research. – M.: Publishing House “Infotropic Media”, 2017. – 160 p.
9. Porotikova O. A. Approaches to understanding the nature of responsibility for improper negotiations // Vestnik VSU. Series: Law. – 2021. – No. 46. – P. 107-114.
CIVIL LAW
NAZAROVA Nadezhda Alexandrovna
Ph.D. in Law, associate Professor of Civil law and process sub-faculty of the N. I. Lobachevsky Nizhny Novgorod National Research State University
KALYUZHNY Evgeniy Alexandrovich
Ph.D. in biological sciences, associate professor of N. Yu. Belenkov Normal physiology sub-faculty of the Volga Region Research Medical University of the Ministry of Health of Russia, Nizhny Novgorod
LEGAL BASIS OF MEDICAL CARE FOR ELDERLY CITIZENS IN THE RUSSIAN FEDERATION
The authors emphasize that one of the urgent problems of modern society that requires a speedy solution is the provision of high-quality and affordable medical care to elderly citizens. The content of this problem is revealed: it includes many issues, such as the legal provision of medical care for elderly citizens, the availability of free medical care, the availability of home care for elderly citizens, the quality of service, the number of hospitals , hospitals, rest homes and sanatoriums for the elderly, etc. The provisions of the normative legal acts of the Russian Federation regulating this issue are indicated. The author’s assessment of the level of medical care for this category of citizens in Russia is given, its advantages and disadvantages are noted.
Keywords: medical care, senior citizens, legal regulation, medical care, social security.
Bibliographic list of articles
1. Bykovskaya T. Yu., Zakharchenko Yu. I., Kim V. V. Some features of providing medical care to elderly and senile citizens // Colloquium-journal. 2019. No. 16 (40). P. 70.
2. Vaganova-Naimushina L. A. Features of the health status of elderly people and social and medical work // Bulletin of the Shadrinsk State Pedagogical University. 2017. No. 2 (34). P. 6.
3. Vasilenko N. Yu. Social gerontology. Vladivostok: Far Eastern University Publishing House, 2003. P. 131.
4. Vasilchikov V. M. Ideological, legal and organizational aspects of the activities of the state system of social and medical services for the elderly // Clinical gerontology. 2007. No. 3. P. 12.
5. Vinogradova M. Yu. Problems of free medical care for pensioners // Problems of science. 2019. No. 10 (46). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/problemy-besplatnoy-meditsinskoy-pomoschipensioneram (date of access: 04/24/2023).
6. Gekht I. A., Artemyeva G. B. Aging of the population and health care modernization programs // Clinical gerontology. 2011. No. 11-12. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/postarenie-naseleniya-i-programmy-modernizatsii-zdravoohraneniya-1 (access date: 05/01/2023).
7. Glukhikh S.I., Statsuk S.V. The problem of the quality of training of nursing personnel for professional activities in medical and social services for the elderly // Vestnik VUiT. 2015. No. 4 (19). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/problema-kachestva-podgotovki-sestrinskogo personala-k-professionalnoy-deyatelnosti-po-mediko-sotsialnomu-obsluzhivaniyu-pozhilyh (date of access: 05/01/2023).
8. Grigorieva N. S. State policy to protect the health of the elderly and reduce mortality: the experience of Japan // ENSR. 2007. No. S1. P. 63.
9. Kuracheva N.V. Quality of life in older age groups: reserves for improvement // IVF. 2012. No. 2 (452). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kachestvo-zhizni-v-starshih-vozrastnyh-gruppah-rezervy-povysheniya (date of access: 05/01/2023).
10. Kurchenko O. S. The role of the state in realizing the right of citizens to free medical care // Bulletin of Omsk State University. Series. Right. 2007. No. 1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/rol-gosudarstva-v-realizatsii-prava-grazhdan-na-besplatnuyu-meditsinskuyu-pomosch (access date: 05/01/2023).
11. Novokreshchenova I. G., Chunakova V. V. Organization of medical and social servicespersonal services for elderly citizens // BMIK. 2013. No. 12.
12. Davydova O. V. Experience of social work with elderly people abroad // Central Russian Bulletin of Social Sciences. 2012. No. 4-1. P. 30.
CIVIL LAW
NUKHKADIEV Magomed Ramazanovich
magister student of the 2nd course of the direction “Current problems of Civil Law” of the Faculty of Law of the Dagestan State University, Makhachkala
GAYBATOVA Kurum Davudovna
associate professor of Civil law sub-faculty of the Dagestan State University, Makhachkala
ALIENATION OF REAL ESTATE IN CONNECTION WITH THE SEIZURE OF A LAND PLOT FOR STATE OR MUNICIPAL NEEDS
The procedure for the seizure of land plots and real estate for state or municipal needs is a complex and responsible process where the interests of the state and private individuals collide. The article discusses the basis and conditions for the seizure of land plots for state or municipal needs, as well as the procedure for such seizure in the land management system. The regulatory, legal and theoretical aspects of this process, including the seizure of real estate, have been studied. The procedure for seizure and the amount of compensation for the alienation of real estate in connection with the seizure of a land plot for state or municipal needs are considered.
Keywords: alienation of real estate, seizure of real estate, state and municipal needs, amount of compensation, equivalence of compensation, lost profit, losses.
Bibliographic list of articles
1. Civil Code of the Russian Federation (part one) dated November 30, 1994 No. 51-FZ (as amended on February 25, 2022).
2. Land Code of the Russian Federation dated October 25, 2001 No. 136-FZ (as amended on February 16, 2022).
3. Afanasyeva S. D. Constitutional and legal institution of seizure of land plots for public needs: a comparative analysis of the experience of the Russian Federation and the USA: dis. …cand. legal Sci. 2020.
4. Golovanov K. P. Seizure of land plots for state and municipal needs – problems of legal regulation // Property relations in the Russian Federation. – 2022. – No. 10 (145). – pp. 110-114.
5. Isakova N. A. Protection of the rights of the owner during the seizure of a land plot in the interests of the state // Modern science: scientific and practical. magazine – 2019. – No. 4. – P. 18-20.
6. Kochneva I.V. Seizure of land plots for state and municipal needs is one of the grounds for termination of rights to land plots // Property relations in the Russian Federation. – 2021. – No. 11. – P. 67-71.
7. Kulikova M. Forced termination of ownership of land plots due to improper use // Economy and Law. – 2020. – No. 6. – P. 115-121.
8. Novikova O. V. Legal issues of seizure of land plots for state or municipal needs // Bulletin of the Kursk State Agricultural Academy. – 2022. – No. 6. – P. 77-80.
9. Petrukhin M.V. Seizure of land plots for public needs // Judge. – 2020. – No. 2. – pp. 23-25.
10. Strantsova S. A. The problem of defining the concept of state and municipal needs as a basis for the seizure of a land plot with the demolition of residential premises // Bulletin of Omsk State University. Series. Right. – 2020. – No. 3. – P. 45-48.
11. Trubkin N.V. Confiscation of land for state and municipal needs (grounds, procedure) // Property relations in the Russian Federation. – 2020. – No. 8. – P. 74-80.
CIVIL LAW
PETROV Nikolay Vladimirovich
Ph. D. in Law, associate professor of the North Caucasus Federal University, Stavropol
MASHKOVA Alexandra Dmitrievna
assistant of the North Caucasus Federal University, Stavropol
PROBLEMS OF DETERMINING THE PLACE OF THE DIGITAL RUBLE IN THE SYSTEM OF OBJECTS OF CIVIL RIGHTS
Introduction. The process of digitalization covers all spheres of human life, which has led to the phenomenon of digitalization of objects of civil rights. The relevance of this study is due to the consolidation of the digital ruble as an object of civil relations and the definition of its legal nature. The authors pay special attention to the correlation of the digital ruble with other objects of civil rights, in particular, with property rights, digital rights, and non-cash funds. It is noted that the introduction of the digital ruble into civil circulation in the Russian Federation was a long process, which was preceded by public discussions of the Bank of Russia, but despite this, unity in understanding the essence of the new object of civil relations was not achieved. Materials and methods. This study is based on an analysis of approaches to the definition of the digital ruble in the doctrine of civil, financial and digital law. Special attention is paid to the study of amendments to the Civil Code of the Russian Federation in the field of determining new vectors of development of objects of civil rights. It is pointed out that there is a need for intersectoral regulation of the digital ruble in order to resolve the contradictions identified in the study. Analysis. The analysis carried out in the article indicates insufficient theoretical elaboration of the introduction of the digital ruble into civil circulation, the presence of gaps in legislation and contradictions between the norms governing similar legal relations. Results. The authors concluded that the digital ruble is a special digital payment instrument denominated in the national unit of account (ruble), which is a direct obligation of the Central Bank of the Russian Federation. The signs of the digital ruble that distinguish it from other objects of civil rights and related economic and financial legal categories have been identified.
Keywords: digitalization, objects of civil rights, property rights, non-cash funds, digital ruble, digital rights, digital financial assets.
Bibliographic list of articles
1. Vasilevskaya L. Yu. Digital ruble: a civil expert’s view of the problem // Lex Russica. – 2023. – No. 1 (194).
2. Gabov A.V. Digital ruble of the central bank as an object of civil rights // Current problems of Russian law. – 2021. – No. 4 (125). – pp. 55-65.
3. Civil Code of the Russian Federation (part one) dated November 30, 1994 No. 51-FZ (as amended on March 11, 2024 No. 48-FZ). – [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_5142/ (date of access: 03/27/2024).
4. Zakirov R. Yu., Kulmyakov N. S. Digital rights as objects of civil rights // Legal Bulletin of the Dagestan State University. – 2022. – No. 4. – P. 79-82.
5. 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 April 14, 2014 No. 2 -FKZ, dated July 21, 2014 No. 11-FKZ, dated October 4, 2022 No. 7-FKZ). – [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_28399/ (date of access: 03/27/2024).
6. Digital ruble concept. – [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_381759/ (date of access: 03/27/2024).
7. Determination of the Constitutional Court of the Russian Federation dated July 27. 2023 No. 1579-O “On the refusal to accept for consideration the complaint of citizen Irina Borisovna Terentyeva about the violation of her constitutional rights.” – [Electronic resource]. – Access mode: https://www.consultant.ru/cons/cgi/online.cgi?req=doc&base=ARB&n=771231#7yNlzrTSvonHb1UK (date of access: 03/27/2024).
8. Determination of the Constitutional Court of the Russian Federation dated July 27. 2023 No. 1581-O “On the refusal to accept for consideration the complaint of citizens Vyacheslav Evgenievich Degtyarev and Nina Vasilievna Degtyareva for violation of their constitutional rights.” – [Electronic resource]. – Access mode: https://www.consultant.ru/cons/cgi/online.cgi?req=doc&base=ARB&n=771233#Y8xlzrTicJ1xznH81 (date of access: 03.27.2024).
9. Letter of the Bank of Russia dated September 11, 2023 No. 04-45/8582 “On issues related to the digital ruble.” – [Electronic resource]. – Access mode: https://www.garant.ru/products/ipo/prime/doc/407556182/ (date of access: 03/27/2024).
10. Saadulaeva T. A., Shlyakhtina I. A. Digital ruble as a mechanism for ensuring the financial security of the state // Economics and business: theory and practice. – 2022. – No. 6-2. – pp. 135-139.
11. Smirnov D. A., Pervyshov E. A. On the concept of digital financial assets in the context of modern realities: financial and legal aspects // Humanitarian and legal studies. – 2022. – No. 4. – P. 638-642.
12. Smirnov D. A., Botasheva L. E. Legal regime of the digital ruble platform: issues of intersectoral regulation // State and trends in the development of law in the states of the Caucasus region: collection of materials from the International Legal Forum (Stavropol, November 9-11, 2023 ) / Ed. D. A. Smirnova, A. A. Biryukova. – Stavropol: Stavropol publishing house “Paragraph”, 2024. – 376 pp.
13. Federal Law “On digital financial assets, digital currency and on amendments to certain legislative acts of the Russian Federation” dated July 31, 2020 No. 259-FZ (as amended and supplemented, entered into force on January 11, 2023). – [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_358753/ (date of access: 03/27/2024).
14. Digital ruble. Report for public consultation. – [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_364913/ (date of access: 03/27/2024).
15. Forbes Russia. – [Electronic resource]. – Access mode: https://www.forbes.ru/finansy/493466-cislo-provodasih-oplatu-kriptovalutoj-servisov-udvoilos-v-rossii-god-k-godu (dateDate: March 27, 2024).
CIVIL LAW
SMOLINA Olga Sergeevna
Ph.D. in Law, Counselor of the Justice 3rd Class, Advisor of the 1st Class of the State Civil Service of the Russian Federation, Deputy head of the division of viticulture, winemaking and tobacco products of the Department of food and processing industry of Ministry of Agriculture of the Russian Federation
TRANSACTIONS VIA DIGITAL PLATFORM WITH NATURAL RESOURCES IN THE LIGHT OF IMPROVEMENTS OF CIVIL AND NATURAL RESOURCES LEGISLATION OF THE RUSSIAN FEDERATION
The article compares Russian and English approaches to using digital platforms for transactions with natural resources. In order to use digital platforms for completing transactions with natural resources, the article suggests classifying transactions with natural resources based on the special property right appliable to natural resources in Russia (Art. 9 of the Constitution of the Russian Federation) into transactions without extraction of natural resources and transactions with extraction of natural resources. It justifies the new approach to completing transactions with the extraction of natural subsoil resources via digital platforms, discloses the essence and specificity of transactions with the extraction of natural resources completed via digital platforms. The analysis is based on the example of service risk transactions carried out during geological survey, exploration and mining of hydrocarbon resources. The study is based on the author’s concept of transactions via a digital platform in the Russian Federation.
Keywords: digital economy, transactions via digital platform, transaction with natural resources, digital footprints of facts, service risk, principle of freedom of contract
Bibliographic list of articles
1. Constitution of the Russian Federation // Rossiyskaya Gazeta. – No. 237. – December 25, 1993
2. Civil Code of the Russian Federation (part one) dated November 30, 1994 No. 51-FZ // SZ RF. – 05.12.1994. – No. 32. – Art. 3301.
3. Law of the Russian Federation of December 21, 1992 No. 2395-1 “On subsoil” // Russian newspaper. – No. 102. – May 5. – 1992
4. Federal Law of November 28, 2011 No. 335-FZ “On Investment Partnership” // SZ RF. – 05.12.2011. – No. 49 (part 1). – St. 7013.
5. Federal Law of April 1, 2022 No. 75-FZ “On agreements concluded during geological study, exploration and production of hydrocarbons, and on amendments to the Law of the Russian Federation “On Subsoil” // SZ RF. – 04/04/2022. – No. 14. – Art. 2188.
6. Antonova N. A. Civil legal problems of insurance of business risk: abstract. dis. Ph.D. legal Sci. – Rostov-on-Don, 2003. – 30 p.
7. Bagdasarova A.V. Concession agreement in civil law of Russia and foreign countries: abstract. dis. …cand. legal Sci. – M., 2009. – 32 p.
8. Baybekova E. F. Production sharing agreement as a civil law agreement in the field of investment activity: abstract. dis. …cand. legal Sci. – Kursk, 2014. – 26 p.
9. Bardin A. A., Kuvshinov E. S. Agreement on service risks. New trends in legal regulation // Mineral Resources of Russia. Economics and Management. – 2021. – No. 1-6. – C. 95-100.
10. Bogolyubov S. A. Land legislation and the Concept of development of civil legislation // Journal of Russian Law. – 2010. – No. 1. – P. 38-47.
11. Braginsky M.I., Vitryansky V.V. Contract law. Book three: Contracts for the performance of work and provision of services. – M.: Statute, 2002.
12. Brinchuk M. M. Special legal regime of natural resources: the concept of nature as a national heritage // Environmental law. – 2021. – No. 6. – P. 3 – 10.
13. Grin O. S., Grin E. S., Solovyov A. V. Legal design of a smart contract: legal nature and scope of application // Lex Russica. – 2018. – No. 8.
14. Danilova N.V. State property rights to subsoil: abstract. dis. …cand. legal Sci. – Tyumen, 2003. – 22 p.
15. Dudikov M.V. Features of a contract for the performance of work related to the use of subsoil // Legal world. – 2007. – No. 1.
16. Zankovsky S.S. Entrepreneurial agreements in Russia. Problems of theory and legislation: dis. … Doctor of Law. – M., 2004. – 398 p.
17. Ioffe O. S. Law of Obligations. – M., Law. lit., 1975. – 880 pp.
18. Koldaev S.V. Contractual forms of subsoil use: abstract of thesis. …cand. legal Sci. – M., 2005. – 32 p.
19. Laptev V.V. Subject and system of economic law. – M. 1969. Quoted. by: V.V. Laptev Entrepreneurial (economic) law. Selected works. – Ekaterinburg: Business, management and law, 2008.
20. Naletov K. I. Licensing and contractual legal forms of subsoil use in the Russian Federation and abroad: authorf. dis. …cand. legal Sci. – M., 2006. – 26 p.
21. Reznikova V.V. Production sharing agreement: civil legal aspects of subsoil use: abstract. dis. …cand. legal Sci. – M., 2006. – 25 p.
22. Sadikov O. N. Some provisions of the theory of Soviet civil law // Soviet state and law. 1966. No. 9 @@ Sadikov O. N. Issues of civil law and private international law: Selected works. – M.: IZiSP under the Government of the Russian Federation: Publishing House Jurisprudence, 2015.
23. Sidorov I. N. Institutes of mining law // Environmental law. – 2019. – No. 3. – pp. 18-22.
24. Smolina O. S. The concept of transactions through a digital platform in the light of improving the Civil Code of the Russian Federation // Eurasian Legal Journal. – 2019. – No. 8. – P. 120-126.
25. Smolina O. S., Tarasova I. N. Credit transactions through a digital platform: freedom of agreement and its form // Eurasian Legal Journal. – 2020. – No. 2. – P. 210-213.
26. By the decision of the Supreme Court of the Russian Federation dated December 20, 2021 No. 302-ES21-21096.
27. Resolution of the Arbitration Court of the Far Eastern District dated 04/07/2023 No. F03-946/2023 in case No. A37-1085/2021.
28. Resolution of the Arbitration Court of the East Siberian District dated July 23, 2021 No. F02-3642/2021 in case No. A58-12965/2018.
29. Muzellec L., Ronteau S., Lambkin M. Two-sided Internet platforms: A business model lifecycle perspective // Industrial Marketing Management, Volume 45, February 2015, Pages 139-150 // https://www.sciencedirect. com/science/article/abs/pii/S0019850115000474 (date of access: 01/16/2023).
30. Rohn D., Bican P. M., Brem A., Kraus S., Clauss T. Digital platform-based business models – An exploration of critical success factors // Journal of Engineering and Technology Management, Volume 60, April–June 2021, 101625 // https://www.sciencedirect.com/science/article/abs/pii/S092347482100014X (date of visit: 01/16/2024).
CIVIL LAW
STARTSEVA Svetlana Vasiljevna
senior lecturer of Legal support of economic activity sub-faculty of the Institute of Law of the Samara State University of Economics
INDIVIDUAL ISSUES OF RECOGNITION OF A CITIZEN AS LEGALLY INCOMPETENT
In the Russian Federation, human and civil rights are proclaimed a fundamental value, and the protection of rights and legitimate interests is elevated to a number of priority policy directions of any modern state. An integral part of legal capacity is the ability to exercise one’s rights. However, duties play an equally important role in the functioning of the system, since for the harmonious functioning of state institutions and the building of a legal society, it is important not only to respect rights, but also to correspondingly comply with duties. Thus, building a rule of law requires a high level of legal awareness and responsibility from each participant in legal relations. Persons recognized as legally incompetent need special legal protection due to the fact that they cannot independently protect their interests. In the course of the work carried out, an analysis of civil studies in the field of recognizing a person as legally incompetent and a systematic analysis of law enforcement practice was carried out. Based on the results of the analysis, the author came to the conclusion that it is necessary to supplement art. 29 of the Civil Code of the Russian Federation with a provision on the need to include information about the incapacity of a citizen in the appropriate register in order to eliminate the risks of violation of the rights of incapacitated persons, as well as to supplement Article 284 of the CPC of the Russian Federation with a provision on the mandatory participation of a lawyer in the process where the issue of determining the legal capacity of a person is being resolved.
Keywords: legal capacity, limitation of legal capacity, recognition of a person as legally incompetent, mandatory participation of a lawyer, register of incapacitated persons.
Bibliographic list of articles
1. Ovchinnikova O. D., Shaganyan A. M. Legal obligations through the prism of theoretical and legal analysis of the provisions of the Constitution of the Russian Federation // Bulletin of Tomsk State University. Right. 2018. No. 27. pp. 46-55.
2. Akimova S. B. Legal capacity in civil law // Science. Society. State. 2019. No. 1 (25).
3. Uteva Ya. V. Concept and grounds for limiting the legal capacity of a citizen // International Journal of Humanities and Natural Sciences. 2021. No. 10-4.
4. Sych D.V. Restriction and deprivation of legal capacity: concept and consequences // StudNet. 2020. No. 3 (12).
5. Kantor P. Yu. Issues of representation of disabled people with mental disorders in court // Social and pension law. 2021. No. 3.
6. Mirzoyan V. G. Problems of recognition as a citizenand incompetent // Issues of Russian justice. 2022. No. 19.
7. Shagivalieva I. D. The problem of limiting the legal capacity of citizens // E-Scio. 2020. No. 11 (50).
CIVIL LAW
KHAZEEVA Laysan Ildarovna
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Bashkir Academy of Public Administration and Management under the Head of the Republic of Bashkortostan
FEATURES OF THE LEGAL REGULATION OF THE WORK OF THE HEAD OF THE ORGANIZATION
The research examines the problems of legal regulation of the work of the head of the organization. The author touches upon some controversial issues of the legal nature of the employment contract with the head of the organization, who is the sole founder of the legal entity. The article identifies gaps in legislation related to the deadline for the validity of a fixed-term employment contract, as well as additional grounds for termination of an employment contract with the head of an organization. The necessity of improving the normative legal acts regulating the activities of the specified special subject of labor relations is substantiated.
Keywords: head of the organization, special subject, conclusion of an employment contract, fixed-term employment contract with the head of the organization, additional grounds for termination of the employment contract.
Bibliographic list of articles
1. Abakumova E. B. Specifics of civil and labor legal relations between the general director and the business entity, part 1 // Legal Bulletin of the DSU. – 2021. – No. 2. T. 38. – P. 64-67.
2. Alekseeva G. I., Prizhennikova A. N. What the head of an organization needs to know: legal and accounting aspects // Accounting in budgetary and non-profit organizations. – 2014. – No. 21. – P. 32-38.
3. Bogdanov A.V. Legal structure of the agreement between a joint-stock company and the person performing the functions of its sole executive body // Bulletin of Perm University: Series “Legal Sciences”. – 2011. – No. 2 (12). – pp. 85–90.
4. Zavgorodniy A.V. Peculiarities of termination of an employment contract with employees without indicating the reasons for dismissal // Bulletin of St. Petersburg University. – Ser. 14. – Issue. 3. – 2012. – pp. 58-73.
5. Kuznetsova V.V. Features of termination of an employment contract with the head of an organization: dis. …cand. legal Sci. – Moscow, 2015. – 212 pp.
6. Kuznetsova V.V. Labor of the head of the organization. Legal regulation / pod. ed. Yu. P. Orlovsky. – M.: CONTRACT, 2016. – 156 p.
7. Martirosyan E. V. Legal status of the head of the organization // Labor Law. – 2000. – No. 1. – P. 4-12.
8. Sergeenko Yu. S. Labor legal personality of individuals holding positions of the head of an organization // Labor law in Russia and abroad. – 2010. – No. 2. – P. 12–16.
9. Shitkina I. S. The relationship between corporate and labor legislation in regulating the legal status of individual and members of collegial executive bodies // Economy and Law. – 2007. – No. 2. – P. 52-60.
10. Shuraleva S.V. Labor law of Russia: textbook. – Perm, 2020. – 145 p.
CIVIL LAW
YASTREMSKIY Ivan Anatoljevich
Lawyer of the regional bar association, branch of the Law Firm “Pelevin and Partners”
CIVIL LAW FEATURES OF PERFORMING PLASTIC SURGERY FOR MINORS
The article explores the concept of children’s plastic surgery, characterizes its types. The conditions for the independent provision of consent to medical intervention to minors are disclosed. It is noted that a minor patient must obtain the consent of his legal representatives to conclude a contract for the provision of medical services. A transaction with a minor made without the consent of his parents is disputed. In addition, parents have the right to receive information about the child’s health status. It is concluded that patients under the age of 18 should not undergo procedures to change or improve their appearance, unless it corresponds to their medical and/or psychological interests. The child has sufficient understanding and intelligence to fully understand the possible risks and consequences of the operation.
Keywords: plastic surgery, cosmetic surgery, minor, child, parents, consent, contract.
Bibliographic list of articles
1. Asadova S., Aleynikova E. Rules for a teenager concluding a contract for paid medical services. Legal subtleties, parental consent. [Electronic resource]. – Access mode: https://zakonguru.com/medicina/dogovor-meduslugi.html (date of access: 08.11.2023).
2. Bazhenov N. O., Ivanenko N. S. Legal aspects of informed voluntary consentlasia // Med. right. 2012. No. 6.
3. Mandryka E. A. Some problems of implementing the rights of minors in the provision of medical care // Medical law: theory and practice. 2015. T. 1. No. 1 (1).
4. Rabetz A.M. Participation of minors in contractual relations for the provision of medical services: legal possibilities and limits // The Power of the Law. 2022. No. 1 (49). pp. 88-101.
5. Salagaeva E. S. Legal regulation of the provision of medical services to minors: abstract. dis. …cand. legal Sci. M., 2007.
6. Sokolova N. A. Some aspects of ensuring the rights of minors in the provision of medical care. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/nekotorye-aspekty-obespecheniya-prav-nesovershennoletnih-grazhdan-pri-okazanii-meditsinskoy-pomoschi?ysclid=loq3ss6iru254137873 (access date: 11/08/2023).
7. Urvantseva S. O., Grebneva P. A., Suslova V. S. Realization of the right of minors to voluntary informed consent // Medical education today. 2020. No. 3 (11). pp. 84-94.
8. Khamitova G. M. Some problems of legal regulation of the rights and freedoms of minor patients. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/nekotorye-problemy-pravovogo-regulirovaniya-prav-i-svobod-nesovershennoletnih-patsientov (date of access: 11/08/2023).
CIVIL LAW
KARYUKIN Maxim Igorevich
postgraduate student of Civil law and process and international private law sub-faculty of the Patrice Lumumba Peoples’ Friendship University of Russia
A SIGNIFICANT CHANGE IN CIRCUMSTANCES AS THE BASIS FOR CHANGING OR TERMINATING THE CONTRACT
The article discusses the provisions concerning a significant change in circumstances as grounds for changing or terminating a contract in the Russian Federation. It is shown how law enforcement practice directly affects the formation of specific contracts in order to reduce the number of court proceedings and waste valuable resources. The author also substantiates the need to provide for significant circumstances related to changes in the economic, social and political spheres aimed at reducing the number of contracts being amended and terminated.
Keywords: significant change in circumstances, judicial practice, modification and termination of the contract, civil law.
Bibliographic list of articles
1. Zarya A. A. Change and termination of the contract in connection with a significant change in circumstances // Issues of Russian justice. – 2021. – No. 14. – P. 178-196.
2. Ovchinnikov A. A., Samokhina E. A. Significant change in circumstances as a basis for termination of a contract: problems of judicial practice // Issues of Russian and international law. – 2023. – Volume 13. No. 3A. – pp. 465-473.
3. Khaleeva Ya. O. Problems of changing and terminating a contract due to a significant change in circumstances // Bulletin of the Magistracy. – 2018. – No. 5-4. – pp. 188-189.
CIVIL LAW
SVETLICHNY Artur Vladimirovich
postgraduate student of the Patrice Lumumba Peoples’ Friendship University of Russia
EVOLUTION OF DEVELOPMENT OF LEGISLATION ON THE TRANSPORTATION OF PASSENGERS AND BAGGAGE IN DIRECT MIXED COMMUNICATIONS INVOLVING RAILWAY TRANSPORT
This work is a study of differences in the legal regulation of freight and passenger transportation, as well as their impact on the development of the transport industry. The study is based on an analysis of legislation, historical data and current trends in the transport sector. The work examines in detail the historical context of the development of transportation, from the 19th century to the present. Particular attention is paid to the General Charter of Russian Railways of 1885, which initially established standards for transportation by direct mixed traffic, and subsequent legislative acts regulating this area. The author analyzes in detail the factors that determine the difference in the regulation of freight and passenger transport, such as investments in transport infrastructure, market needs and organizational aspects of transport. Based on the analysis, the paper concludes that it is necessary to develop a separate law on direct multimodal transport, taking into account modern challenges and needs of the transport industry. Such a law should establish clear rules and regulations for the organization and implementation of direct multimodal transport, promoting the development of transport infrastructure and ensuring convenience and safety for passengers and cargo.
Keywords: transportation; direct mixed traffic; combined transport; multimodal transportation; history of development of transportation legislation; railway transport.
Bibliography
1. Vengerov A. B. Theory of state and law: Textbook. for legal universities M.: New Lawyer, 1998. P. 323.
2. Transport law. General part: textbook / Answer. ed. N. A. Dukhno, A. I. Zemlin. M.: Legal Institute of MIIT, 2017. 259 p.
3. History of railway transport in Russia. T. I: 1836-1917. / G. M. Fadeev, S. V. Amelin, F. K. Bernhard, G. I. Bogdanov [etc.]. M., 1994. 336 p.
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6. National Electronic Library: website. – [Electronic resource]. – Access mode:: https://rusneb.ru/catalog/000200_000018_RU_NLR_DIGIT_119345 (access date: 12/19/2023). – Text: electronic.
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8. Decree of the Council of People’s Commissars of the RSFSR dated June 28, 1918 “On the nationalization of the largest enterprises in the mining, metallurgical and metalworking, textile, electrical, sawmill and wood finishing, tobacco, glass and ceramic, leather, cement and other industries, steam mills, enterprises for local improvement and enterprises in the field of railway transport” // SPS ConsultantPlus
9. Decree of the Council of People’s Commissars of the RSFSR of August 16, 1920 “General Charter of the Railways of the R.S.F.S.R.” // SPS ConsultantPlus
10. Decree of the Council of People’s Commissars of the RSFSR dated June 12, 1922 “On the transportation of passengers and cargo. Railway Charter R.S.F.S.R.” // SPS ConsultantPlus
11. Resolution of the Council of People’s Commissars of the USSR of May 24, 1927 “On the implementation of the Charter of the Railways of the USSR” // SPS ConsultantPlus
12. Resolution of the Council of People’s Commissars of the USSR dated February 10, 1935 No. 232 “On approval of the Charter of Railways of the USSR” // SPS ConsultantPlus
13. Resolution of the Council of Labor and Defense of the USSR dated June 4, 1934 No. 573 “On the mutual responsibility of railways and shipping companies for the implementation of cargo transshipment plans in direct mixed railway-water communication” // SPS ConsultantPlus
14. Resolution of the USSR Council of Ministers of December 8, 1954 No. 2414 “On approval of the Charter of Railways of the USSR” // SPS ConsultantPlus
15. “Rules for the transportation of goods in direct mixed railway-water communication”, approved by the Ministry of Railways of the USSR, the Ministry of Marine Fleet of the USSR, the Ministry of River Fleet of the RSFSR on April 17/24 , 1956 // SPS ConsultantPlus
16. Resolution of the Council of Ministers of the USSR dated April 6, 1964 No. 270 “Charter of Railways of the USSR” // SPS ConsultantPlus
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CIVIL LAW
STARTSEVA Svetlana Vasiljevna
senior lecturer of Legal support of economic activity sub-faculty of the Institute of Law of the Samara State University of Economics
LIABILITY FOR BREACH OF OBLIGATIONS IN BUSINESS ACTIVITIES
The relevance of compensation for moral damage to subjects of civil turnover in violation of their rights is determined by the fact that despite a fairly long time period of existence of such compensation in the legislation of the Russian Federation and extensive law enforcement practice, there are still a number of issues requiring more detailed understanding, which cause a lot of controversy, both in the theory of civil law and in law enforcement practice. The effectiveness of legal protection of the legitimate interests of citizens depends on determining the degree of harm and, accordingly, the amount of compensation itself. The degree of legal protection of personal non-property rights shows the level of development of the state. There are several opinions about the legal nature of compensation for moral damage. These circumstances require further research in the field of compensation for moral damage. In the course of the work carried out, an analysis of civil studies in the field of compensation for moral damage and a systematic analysis of law enforcement practice were carried out. Based on the results of the analysis, the author came to the conclusion that it is necessary at the legislative level to fix the procedure for calculating the amount for specific cases, clear criteria are necessary for calculation, as well as the obligation of the court to take into account the mental state and life circumstances of the victim.
Keywords: compensation for moral damage, violation of non-property rights, normative act, justice, responsibility.
Bibliographic list of articles
1. Tsivilev K.V. On the issue of collecting compensation for moral damage // Issues of Russian justice. 2023. No. 29. pp. 198-205.
2. Lyskov V.K. The problem of compensation for moral damage as a way to protect civil rights // Public service and personnel. 2021. No. 2. P. 216-218.
3. Romanenko Yu. V. The concept and legal nature of moral harm // Bulletin of Science. 2021. T. 2. No. 12 (45). pp. 108-114.
4. Karpovets A. S., Startseva S. V. Analysis of judicial practice on the issue of compensation for moral harm // International Journal of Humanities and Natural Sciences. 2022. No. 12-1. pp. 139-141
5. Methodological recommendations for determining the amount of compensation for moral damage in cases of attacks on the life, health and physical integrity of a person. Moscow: M-Logos, 2023. 82 p.
CIVIL LAW
YASTREMSKIY Ivan Anatoljevich
Lawyer of the Leningrad regional bar association, branch of the Law Firm “Pelevin and Partners”
THE LEGAL SIGNIFICANCE OF FORENSIC MEDICAL EXAMINATION OF DISPUTES BETWEEN A PATIENT AND A PLASTIC SURGERY CLINIC IN COURTS OF GENERAL JURISDICTION
The article examines the legal significance of forensic medical examination of disputes between a patient and a plastic surgery clinic in courts of general jurisdiction. The concept and consequences of defects in medical care are disclosed. The grounds of the proceedings, the concept, the essence of the forensic medical examination are given, its significance for the fair resolution of a civil case is analyzed. The issues for the solution of which the forensic medical examination have been clarified. It is noted that failure to comply with the procedures and standards of medical care does not always mean its defect. It is not determined if the manipulations are performed correctly, but due to the individual characteristics of the patient, the risk inherent in surgical intervention has manifested itself. It was revealed that the main condition for the recognition of a medical care defect in the expert opinion is a violation by a doctor of the rules of medical manipulation technique. Examples from judicial practice are considered, confirming that the patient should 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 appropriate quality. The result is related to the specific clinical situation, the characteristics of the plaintiff’s body. If it follows from the expert opinion that the defendant made defects in the provision of medical care, the court will conclude that the plaintiff was provided with a substandard service. It is concluded that in such cases, the experts involved by the court should first of all establish the fact of the inadequate quality of this service, and then – their consequences. It is indicated that the relationship between cause and effect depends on the totality of a set of sufficient and clear criteria.
Keywords: plastic surgery, medical care, operation, forensic medical examination, examination, expert, harm to health, defect of medical care, causal relationship.
Bibliographic list of articles
1. Bozhchenko A.P. Professional offenses of medical workers: problems and trends in matters of appointment, production and evaluation of forensic medical examinations // Medical Law. – 2022. – No. 4. – P. 3-7 @@ Bozhchenko A. P. Professional offenses of medical workers: problems and trends in the appointment, production and evaluation of forensic medical examinations // Medical Law. – 2023. – No. 1. – P. 6-10.
2. Ershova G.V., Parfenov Yu.A., Sapozhnikov K.V. Forensic medical examination of assessing the severity of harm to health in modern criminal proceedings // Russian investigator. – 2019. – No. 11.
3. Zhukov S.P., Viter V.I. Legal assessmentand medical evidence. – Izhevsk, 2004.
4. Kovalev A.V. The procedure for conducting a forensic medical examination and establishing cause-and-effect relationships based on the failure to provide or improper provision of medical care: methodological recommendations. – Moscow: RTSSME, 2015.
5. Kratenko M. V. The problem of uncertainty of causality in “medical affairs” and ways to solve it. (On the issue of the evidentiary value of expert opinion) // Forensic medical examination. – 2022. – No. 1.
6. Prahova A. Yu. The problem of causality in the forensic medical assessment of violations committed during the provision of medical care // Current issues of forensic medical examination. The view of young scientists: Materials of the IX All-Russian (with international participation) scientific and practical conference, students, residents, graduate students, young scientists, dedicated to the year of science and technology in the Russian Federation, (April 30, 2021, Perm) / Ed. K. V. Shevchenko, D. V. Borodulina. – Perm, 2021.
7. Starchikov M. Yu. Civil regulation of relationships in the field of health care: problematic issues and judicial practice: scientific and practical guide // SPS ConsultantPlus. – 2022.
8. Timofeev I.V. Cause-and-effect relationships of medical intervention and negative outcome in clinical practice (medical aspect of the problem and analytical conclusion – message 2) // Medical Law. – 2022. – No. 1.
CIVIL LAW
ALIBEKOV Daniyal Ibrahimovich
student of the Institute of Law of the Dagestan State University, Makhachkala
STATE REGISTRATION OF LAND IN THE RUSSIAN FEDERATION
State registration of rights to land plots is an important stage in the acquisition and use of land resources in the Russian Federation. The article examines the main stages of state registration of rights to land plots, and also identifies the features associated with this process in various conditions. Understanding the features of state registration of rights to land plots will allow citizens and legal entities to more effectively carry out the process of acquiring and using land resources in the Russian Federation. This study explores the potential of using blockchain technology to improve transparency across all land administration processes using a due diligence methodology combined with framework analysis.
Keywords: state registration, land plot, turnover of land plots, features of state registration of rights to land plots, blockchain, information technology.
Bibliographic list of articles
1. Federal Law of July 13, 2015 No. 218-FZ (as amended on August 4, 2023) “On State Registration of Real Estate” (as amended and supplemented, entered into force from October 1, 2023)
2. Braginsky M.I. Commentary on the Law of the Russian Federation “On state registration of rights to real estate and transactions with it.” M., 2019.
3. Sidora V., Features of state registration of rights to land plots in the Russian Federation // GiP. 2019. No. 3.
4. Romanov O. State registration of rights to land plots in the Russian Federation: some problems of law enforcement // HiP. 2019. No. 7 and No. 8.
5. Syrodoev N. A. Registration of rights to land and other real estate // GiP. 2018. No. 8.
6. Syrykh E.V. Land law. M.: Justitsinform, 2020.
7. Kovaleva N. A. Practice of state regulation of the use of blockchain technologies and its improvement based on foreign experience // Economics. Taxes. Right. 2019. T. 12. No. 4. P. 87-93. EDN: VNZXGS. [Electronic resource]. – Access mode: https://doi.org/10.26794/1999-849X-2019-12-4-87-93
8. Kovaleva N. A. Practice of state regulation of the use of blockchain technologies and its improvement based on foreign experience // Economics. Taxes. Right. 2019. T. 12. No. 4. P. 87-93. EDN: VNZXGS. [Electronic resource]. – Access mode: https://doi.org/10.26794/1999-849X-2019-12-4-87-93
9. Yarkin M. S., Burtseva E. V. Blockchain technology – a platform for land transactions // Research Innovations 2020. Collection of articles of the II International Research Competition. Petrozavodsk, 2020. pp. 83-92. EDN:IXRHLM
CIVIL LAW
BABAEV Emil Afikovich
posgraduate student, Specialty: 5.1.3 Private Law (Civil) Sciences of the Moscow Financial-Industrial University “Synergy”, senior lawyer of Franchising Department of the “French Bakery Sedelice”
CROSS-BORDER FRANCHISING AGREEMENT IN THE CONTEXT OF NEW ECONOMIC TRENDS OF THE 21ST CENTURY
The article is a study of modern challenges and opportunities faced by participants in cross-border franchising transactions in the modern economy. The author analyzes the main aspects of cross-border franchising agreements in modern conditions, identifies the features of legal regulation and international cooperation, and also offers practical recommendations for participants in this type of business. The purpose of this article is to present franchising as a profitable business model, discuss its role, advantages and specifics of regulation.
Keywords: franchising, concession agreement, civil law, corporate law, business.
Bibliographic list of articles
1. Kulikov I.V. Legal regulation of cross-border franchising, mag. dis. 2022. – P. 6.
2. International private law / Ed. G. K. Dmitrieva. – M.: Prospekt, 2021. – P. 369.
3. Klimova S. V. Legal regime of franchising in national and international circulation: abstract. dissertation… Ph.D. – 2010. – P. 24.
CIVIL LAW
BASHKIROV Ilya Andreevich
magister student of the 2nd course of Computer law and information security sub-faculty of the Higher School of Public Audit of the Moscow State University
ADDITIONAL SOURCES OF PERSONAL DATA REGULATION: COMPARISON OF USA’S AND RUSSIAN EXPERIENCE
The article analyzes the legislation of the Russian Federation in order to identify additional sources of regulation of personal data as a complex legal institution. Personal data as a subject of regulation is considered not only from the point of view of an independent legal category, but also from the point of view of actual and technical operations with them. The complex structure of acts regulating personal data in a broad sense is revealed.
Keywords: personal data, regulation, legislation, rights in the information society.
Bibliographic list of articles
1. Vinogradova V. L., Khudyakova N. S., Milovanova L. R. Protection of personal data in Russia: methods and technologies for compliance with the regulation of personal data // Skif. – 2023. – No. 8.
2. Gorkovaya O. P., Petrov A. V. Socially responsible business and the implementation of sustainable development goals in Russia as an opportunity to reduce compliance risks // Society. Wednesday. Development (Terra Humana). – 2019. – No. 1 (50).
3. S. Boyne, “Data Protection in the United States” // The American Journal of Comparative Law. – 2018. – 332 rub.
4. O. Gstrein and A. Beaulieu, “How to protect privacy in a data-fied society? A presentation of multiple legal and conceptual approaches” // Philosophy & Technology. – 2022. – 199 RUR
5. Electronic resource: California Legislative Information. [Electronic resource]. – Access mode: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1798.160.&highlight=true&keyword=privacy.
6. Pisarev V.V. Implementation of the concept of comprehensive regulation of the circulation of personal data in the USA at the federal level // Legal science. – 2022. – No. 9.
7. Proskuryakova M.I. Constitutional and legal framework for the protection of personal data in Russia // Bulletin of St. Petersburg State University. Episode 14. Law. – 2016. – No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/konstitutsionno-pravovye-ramki-zaschity-personalnyh-dannyh-v-rossii (date of access: 05/11/2024).
8. Maistrenko G. A., Maistrenko A. G. Sources of legal regulation of the protection of personal data of an employee in Russia // Legal Bulletin. – 2020. – No. 1.
9. Electronic resource official website of Roskomnadzor. [Electronic resource]. – Access mode: https://54.rkn.gov.ru/protection/p32604/
10. Soldatova G. U., Teslavskaya O. I. Personal data and children: security issues // Epoch of Science. – 2017. – No. 12.
CIVIL LAW
DEREVYANKO Olga Viktorovna
postgraduate student of Civil law sub-faculty of the Faculty of Law of the A. I. Herzen Russian State Pedagogical University
DIVORCE IN COURT: KEY FEATURES OF DIVORCE PROCEEDINGS
This article analyzes the peculiarities of divorce proceedings in court, with a focus on legal and procedural aspects of the divorce process. In the context of changing sociocultural norms and an increased need to protect the rights and interests of spouses, the study of this topic becomes particularly relevant. The article examines various international and national legal norms that influence the divorce process and emphasizes the importance of adapting legislation to contemporary social changes. It discusses the legal nature of the right to divorce through the courts, the procedural order for considering divorce cases in Russia, and proposed measures to improve Russian family law. Special attention is paid to the need to increase the time frame for spousal reconciliation and introduce mandatory conciliation measures, which could contribute to reducing divorce rates and fostering a more responsible apProach to marriage.
Keywords: divorce, court proceedings, divorce process, family law, protection of spousal rights, procedural order, strengthening the institution of marriage.
Bibliographic list of articles
1. Izmailov, V.V. Divorce as a way to protect family rights of citizens: abstract. dis. …cand. legal Sciences: 12.00.03. – M., 2013. – 24 p.
2. Kovtun Yu. A. Grounds for divorce in court // Science and education: domestic and foreign experience: collection of articles of the XXV International Scientific and Practical Conference, Belgorod, November 25, 2019. – Belgorod, 2019. – pp. 73-75.
3. Krasheninnikov E. A. The right to claim // Problems of improving legislation on the protection of subjective civil rights. – 2015. – pp. 5-12.
4. Izmailov V.V. Legal nature and some problems of divorce in Russia // Prologue: a magazine about law. – 2018. – No. 3 (19). – pp. 45-49.
5. Dobrovolsky A. A. Claim form of protection of rights: (Basic issues of the doctrine of claims). – M.: Moscow State University Publishing House, 1965. – 186 p.
6. Family law: textbook / Ed. P. V. Krasheninnikova. – 4th ed., revised. and additional – M.: Statute, 2019. – 292 p.
7. Dzhavatkhanova M. Kh. Divorce in court. Grounds, reasons and motives for divorce // Problems of improving legislation: a collection of scientific articles by students of the law faculty of SKI (f) VSUYU (RPA of the Ministry of Justice of Russia). – Makhachkala, 2019. – Volume Issue 79/19. – pp. 81-85.
8. Eremin D. A. On the issue of the specifics of divorce in court in the absence of the consent of one of the spouses: comparative legal analysis of the legislation of the Russian Federation and Ukraine // Law of the Donetsk People’s Republic. – 2020. – No. 1 (17). – pp. 10-14.
9. Sirenchenko D. R. Divorce in court // Man: crime and punishment: collection of materials of the International scientific and theoretical conference of adjuncts, graduate students, applicants, cadets and students, Ryazan, March 27, 2020: at 3 o’clock – Ryazan , 2020. – Part 1. – pp. 130-134.
10. Dubrovskaya T.V. On the issue of legal regulation of divorce in Russia // Rule of law: theory and practice. – 2019. – No. 2 (56). – pp. 103-110.
CIVIL LAW
KOLOMIETS Viktor Alexandrovich
postgraduate student of the Novosibirsk State University of Economics and Management
HISTORICAL DEVELOPMENT OF THE INSTITUTION OF JUDICIAL REPRESENTATION
The relevance of the article is related to the need to consider the formation of the institution of judicial representation and the identification of the main periods in its development. The author examines the views of legal scholars on the understanding of “judicial representation”, as well as the types of periodization of its stages in historical retrospect. The conclusion is made about the need to improve this institution and suggestions are made.
Keywords: attorney, activity, representative, legal relationship, lawyer, legal institute, court, CPC of the Russian Federation.
Bibliographic list of articles
1. Bychikhin A.V., Rubanov S.A. Historical aspect of the development of the institution of judicial entrepreneurship // Current research. – 2019. – No. 1. – pp. 24-28
2. Gavrilov S. N. Advocacy in the Russian Federation. – M.: Jurisprudence, 2000. – 287 p.
3. Kiselyov O. Yu. Judicial representation as an institution for the implementation of the right to judicial protection // Young scientist. – 2020. – No. 47. – P. 294-295.
4. Safin D. A. The Institute of Judicial Representation as a Way to Realize the Right to Judicial Protection: Historical and Theoretical-Legal Analysis // Social institutions in the legal dimension: theory and practice. – 2019. – No. 1. – P. 78-82.
5. Sovetkina A. S. Historical and legal analysis of the institution of judicial representation: problematic aspects // International Journal of Humanities and Natural Sciences. – 2021. – No. 12-3 (63). – pp. 135-137.
6. Tabak I. A. New provisions of judicial representation in civil proceedings: abstract of thesis. … candidate of legal sciences. – Saratov, 2006. – 30 p.
7. Titov Yu. P. Reader on the history of state and law. – M.: Prospekt, 2005. – 463 p.
8. Fedorova N. A. Stages of formation of the institution of judicial representation in domestic civil proceedings // Law: history, theory, practice. Collection of articles and materials of the international scientific and practical conference. – Bryansk, 2022. – pp. 254-265.
9. Kryuchkov M. S. History of the emergence and development of the institution of representation // Politics, state and law. – 2014. – No. 7. [Electronic resource]. – Access mode: https://politika.snauka.ru/2014/07/1788 (date of access: 04/29/2024).
10. Shlepkov K. D. The Institute of Judicial Representation in Russia before the Judicial Reform of 1864. — Text: directlytvenny // Young scientist. – 2022. – No. 52 (447). – pp. 304-306. [Electronic resource]. – Access mode: https://moluch.ru/archive/447/98420/ (date of access: 05/02/2024).
CIVIL LAW
SOLOD Kseniya Artemovna
student of the Department of Legal Regulation of Economic Activities of the Financial University under the Government of the Russian Federation
CURRENT ISSUES AND DIRECTIONS FOR IMPROVING THE LEGISLATION OF THE RUSSIAN FEDERATION REGARDING THE ACTIVITIES OF AGGREGATORS OF GOODS AND SERVICES AND THE LEGAL STATUS OF THEIR OWNERS
The article analyzes current issues and directions for improving legislation on the activities of goods and services aggregators and the legal status of their owners. Judicial practices regarding the activities of marketplaces in Russia are examined, identifying key regulatory problems and proposing measures to strengthen the accountability of aggregators. Disputes over the quality of goods and return conditions are discussed, emphasizing the need for legislative changes to protect consumer rights. Directions for improving legislation in the Russian Federation on the activities of goods and services aggregators and the legal status of their owners are proposed.
Keywords: Marketplace, owner of an aggregator of goods (services) information, electronic commerce, digital trade.
Bibliographic list of articles
1. 445923-8 Bill “On Amendments to the Federal Law “On the Fundamentals of State Regulation of Trade Activities in the Russian Federation” and to Articles 12 and 18 of the Law of the Russian Federation “On the Protection of Consumer Rights” // State Duma. [Electronic resource]. – Access mode: https://sozd.duma.gov.ru/bill/445923-8 (access date: 03/01/2024)
2. 60% of Russians buy on marketplaces. The number of sellers has increased sevenfold in two years // Business Quarter, 03/11/2024. [Electronic resource]. – Access mode: https://www.dk.ru/news/237199705# (access date: 03/01/2024)
3. Blinova Yu. V., Utemova K. I. On some problems of legal regulation of marketplaces in Russia // Economics. Sociology. Right. – 2024. – No. 1 (33). – pp. 71-76.
4. A bill on state regulation of the work of marketplaces will be submitted to the State Duma // “Pravo.Ru”, 03/05/2024. [Electronic resource]. – Access mode: https://pravo.ru/news/251912/ (date of access: 03.26.2024).
5. The Supreme Court decided when the marketplace can cancel an order // “Pravo.Ru”, 09/05/2023. [Electronic resource]. – Access mode: https://pravo.ru/story/248476/ (access date: 04/01/2024).
6. Golovchenko O. N. Responsibility of marketplaces for violation of legislation on the protection of consumer rights // PRED. – 2023. – No. 4. – P. 13-20.
7. Case No. 2-760/2021 // World Court District No. 119 of Moscow. P. 2. [Electronic resource]. – Access mode: https://mos-sud.ru/119/cases/docs/content/ba2221b5-190f-478c-9ab8-7175dea29c1f (date of access: 03.15.2024).
8. Case No. 8G-35527/2022 [88-3310/2023 – (88-33479/2022)] // Second Cassation Court of General Jurisdiction of Moscow. [Electronic resource]. – Access mode: https://2kas.sudrf.ru/modules.php?name=sud_delo&srv_num=1&name_op=case&case_id=7839249&case_uid=f7b0ef8f-943e-4188-9982-90f145e6749a&new=2800001& delo_id=2800001 (date of access: 03/01/2024).
9. Information on case No. 02-1442/2023 // Tinkoff Magazine. [Electronic resource]. – Access mode: https://journal.tinkoff.ru/media/delo-no-02-1442_2023.t6hyleyqb1yx.pdf (date of access: 03.13.2024).
10. Marketing research “ECommerce market in Russia 2023: market assessment, trends and forecasts” // DataInsight, 10/11/2023. [Electronic resource]. – Access mode: https://datainsight.ru/DI_FedorVirin_EcomRetailWeek_2023 (access date: 03/01/2024)
11. Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 25, 2018 No. 49 “On some issues of application of the general provisions of the Civil Code of the Russian Federation on the conclusion and interpretation of a contract” // “ConsultantPlus”. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_314779/ (date of access: 04/01/2024).
12. Decision of the Avtozavodsky District Court of Tolyatti, Samara Region dated May 19, 2022 in case No. 2-1007/2022 // Judicial acts and decisions – Avtozavodsky District Court of Tolyatti (Samara Region). [Electronic resource]. – Access mode: https://sudact.ru/regular/court/reshenya-avtozavodskii-raionnyi-sud-g-toliatti-samarskaia-oblast/ (date of access: 03.14.2024).
CIVIL LAW
CHUKHADGAN Garnik Araevich
postgraduate student of the 1 year of study (scientific specialty 5.1.1 Theoretical and historical legal sciences) of the V. N. Tatishchev Astrakhan State University
INTERNATIONAL LEGAL ASPECTSOF INHERITANCE OF EXTORTIONATE PROPERTY
The article is devoted to the study of normative legal regulators of the international order, fixing the features of determining the status and fate of escheated property. Legal elements harmonized by domestic legislation have been recorded. Within the framework of the article, it was possible to establish two forms of legal structures in foreign legislation, in accordance with which the fate of escheated property is determined. Two concepts of the status of the state are presented regarding the potential possession of escheat property.
Keywords: inheritance, escheat, international legislation, foreign inheritance law.
Bibliographic list of articles
1. Convention on legal assistance and legal relations in civil, family and criminal matters (Concluded in Minsk on January 22, 1993) // Bulletin of International Treaties. – 1995. – No. 2.
2. Convention on legal assistance and legal relations in civil, family and criminal matters (Concluded in Chisinau on 10/07/2002). [Electronic resource]. – Access mode: http://www.consultant.ru (date of access: 03/17/2024).
3. Agreement between the Russian Federation and the Republic of Poland on legal assistance and legal relations in civil and criminal cases (signed in Warsaw on September 16, 1996) // Bulletin of International Treaties. – 2002. – No. 5. – P. 56-86.
4. German Civil Code of August 18, 1896 // Bürgerliches Gesetzbuch Deutschlands mit Einführungsgesetz trans. with him. / [IN. Bergmann, intro., comp.]; scientific ed. T.F. Yakovleva. – 4th ed., revised. (German and European Law Series; Book 1). 2015
5. Civil Code of France of March 21, 1804 [Electronic resource]. – Access mode: http://www.consultant.ru (date of access: 03/17/2024).
6. Civil Code of Japan of April 27, 1894 [Electronic resource]. – Access mode: http://www.wipo.int/wipolex/ru/details.jsp?id=2638 (date of access: 03/17/2024)
7. Federal Civil Code of the United Mexican States of August 30, 1928 [Electronic resource]. – Access mode: http://www.wipo.int/wipolex/ru/details.jsp?id=14507 (access date: 03/17/2024).
8. Azarevich E. A., Kaganer L. M. Escheatable property in private international law // Legal science. – 2021. – No. 7. – P. 15-20.
9. Shirochenko I. O. Regime of “escheatable property” in private international law // Sustainable development of science and education. – 2018. – No. 1. – P. 92-94.
10. Dicey and Morris. On the Confl ict of Laws. 10th ed. – London, 1980. – P. 611-612.
CIVIL PROCEDURE
AVDEEVA Ulyana Andreevna
student of the Hero of the Russian Federation, General of the Army E. N. Zinichev St. Petersburg State Fire Fighting Service University of the Ministry of Emergency Situations of Russia
ELMURZAEV Asoltan Valerjevich
Ph.D. in Law, associate professor, associate professor of Civil law sub-faculty of the General of the Army E. N. Zinichev St. Petersburg State Fire Fighting Service University of the Ministry of Emergency Situations of Russia
COSTS ASSOCIATED WITH THE CONSIDERATION OF THE CASE IN CIVIL PROCEEDINGS
This article discusses current issues related to the recovery of court costs in civil proceedings. The criteria, sizes, subject composition, as well as the reasons for the unjustified reduction or increase in the recoverable costs by the courts were determined. The identified paper problems and proposed ways to solve and improve them at the legislative level. In conclusion, it is concluded that it is impossible to consolidate an exhaustive list of costs associated with the consideration of the case, due to the variety of civil law disputes.
Keywords: civil proceedings, court costs, representation, legal services, presumption, reasonable amount.
Bibliographic list of articles
1. Belan V.V. The concept and composition of costs associated with the consideration of a case in modern civil proceedings in Russia // School of Young Innovators: Collection of scientific articles of the 2nd International Scientific Conference of Prospective Developments of Young Scientists, Kursk, June 18, 2021 / Yugo -Western State University; Interregional educational public organization “Association of Orthodox Scientists”; Oryol State University named after I. S. Turgenev; Ryazan State Agrotechnological University named after P.A. Kostycheva; Moscow Polytechnic University. Volume 2. – Kursk: Southwestern State University, 2021. – P. 20-23.
2. Bogdanova E. V., Chumilin G. E. Current issues of collection of legal costs in civil proceedings // Current issues of development of statehood and public law: Materials of the VI International Scientific and Practical Conference, in2 vols., St. Petersburg, September 25, 2020. Volume 2. – St. Petersburg: St. Petersburg Institute (branch) of VGUYU (RPA of the Ministry of Justice of Russia), 2020. – P. 34-41.
3. Dmitrieva A. V. The problem of collecting legal expenses in civil proceedings // Young researchers for sustainable development: Collection of articles of the II International Scientific and Practical Conference, Petrozavodsk, October 13, 2022. – Petrozavodsk: International Center for Scientific Partnership “New Science” (IP Ivanovskaya I. I.), 2022. – P. 50-54.
4. Lavrenova I. D., Lukin D. E., Elmurzaev A. V. Abuse of procedural rights in civil proceedings // people. Society. Society. 2023. – pp. 228-234.
5. Egorova T.V. Legal expenses in arbitration proceedings: dis. …cand. legal Sci. – Saratov, 2011. – 199 p.
6. Kuzmina K. A., Trubina D. V. Legal costs in civil proceedings // Science news: collection of articles of the II International Scientific and Practical Conference, Penza, January 10, 2024. – Penza: Science and Enlightenment (IP Gulyaev G. Yu.), 2024. – P. 57-59.
CIVIL PROCEDURE
MOROZOVA Tatyana Borisovna
postgraduate student of Civil law and process and international private law sub-faculty of the Patrice Lumumba Peoples’ Friendship University of Russia
SUBSIDIARY LIABILITY OF PERSONS CONTROLLING THE DEBTOR, PROBLEMS OF LEGAL CERTAINTY
The reform of the bankruptcy institution took place in stages, but very rapidly. The main leap in the development of legal regulation occurred in the post-revolutionary period, as well as during the Soviet period. The legislator clearly understood the need to regulate the economic situation in the country with a significant increase in the number of insolvent enterprises in the corporate sector, which was an important starting point for the development and adoption of current bankruptcy regulations.
As of January 2024, the Russian Federation, being under pressure from illegitimate international sanctions. One of the key positions is given to the mechanism of legal regulation of the judicial procedure of bankruptcy proceedings, issues of the validity of civil legal transactions concluded by debtors, as well as the procedure for challenging them in the system of civil legislation of the Russian Federation , while this aspect causes numerous scientific debates.
Keywords: bankruptcy, corporations, legal entities, insolvency, debtor.
Bibliographic list of articles
1. Baldin K.V., Jeffal V.I., Rukosuev A. Accounting and analysis of bankruptcies: Textbook. – M.: KnoRus, 2020. – 192 p.
2. Bartsits I. N., Bykov V. P., Chernikova E. V., Markelova I. V. Legal regulation of the rights of bankruptcy creditors in bankruptcy procedures of legal entities // Modern law. – 2020. – No. 6. – P. 87.
3. Selected works on the general theory of law / Magaziner Ya. M.; Rep. ed.: Kravtsov A.K. – St. Petersburg: Legal. Center Press, 2020. – 352 pp.
4. Frolova E. E., Karmadonova E. V. Trends and directions of development of the credit market (on the example of the Irkutsk region). – M.: Publishing house “NAUKA”, 2013. – 406 p.
5. Frolova E. E. Countering the legalization of proceeds from crime as an independent direction of state financial control in the sphere of monetary circulation. – Irkutsk, Reprocenter A1, 2010. – 127 p.
6. Civil Code of the Russian Federation (part one) dated November 30, 1994 No. 51-FZ // SPS Consultant Plus. – [Electronic resource]. – Access mode: http: www.consultant.ru (access date: 06/01/2023).
7. Letter of the Federal Tax Service of Russia dated August 16, 2017 No. SA-4-18/16148@ “On the application by tax authorities of the provisions of Chapter 111.2 of the Federal Law of October 26, 2002 No. 127-FZ.”
8. Resolutions of the Ninth Arbitration Court of Appeal dated June 24, 2020 No. 09AP-24715/2015 in case No. A40-119763/2020.
CIVIL PROCEDURE
PUZIKOV Ruslan Vladimirovich
Candidate of Law, Associate Professor, Associate Professor of the Department of Civil Law Institute of Law and National Security, Tambov State University named after G.R. Derzhavin, Tambov, Russia
SVIRIDOV Anton E.,
Laboratory Assistant at the Department of Civil Law at the Institute of Law and National Security of the Tambov State University named after G.R. Derzhavin
EMOJI AS EVIDENCE IN CIVIL AND ARBITRATION PROCEEDINGS
Relatively recently, law enforcement materials have provided a new type of evidence in civil and arbitration proceedings, namely printed screenshots of correspondence from social networks, in which a message with an emoji acts as evidence. In view of the appearance of the indicated evidence, it is worth considering the expediency of their use in court proceedings. To do this, it is necessary to consider the legal framework that regulates the possibility of using emoji as evidence in civil and arbitration proceedings. In addition to the theoretical justification, it is worth paying special attention to the practical application of such evidence, based on the materials of the law enforcement practice of the courts. After considering the issues outlined above, it is necessary to conduct an analysis and determine the primary limits of the applicability of emoji as evidence. Such a step-by-step approach will allow us to consider in detail the identified problematic issue and come to the maximum possible result, taking into account the available information. Thus, in the process of conducting the study, it became obvious that the procedural legislation of the Russian Federation provides for the possibility of providing evidence in the form of emojis. If we consider the option when such evidence is provided to the court in the form of a printout on a piece of paper, then it fits the category of “written evidence”. From the point of view of practical application, there are two judicial acts that are opposite in opinions regarding the issue of using emoji as evidence. Based on the explanations provided in the designated judicial acts, it turned out to draw up the primary boundaries of the practical application of emoji as evidence.
Keywords: legal doctrine, admissibility of evidence, emoji, evidence, written evidence, civil procedure, arbitration process.
Article bibliography
1. Aleshkina V. D., Anisiforova V. A. Emoji as evidence in civil proceedings // Civilistics: law and process. – 2024. – No. 2 (26). – P. 50-58.
2. Bogdan V. V. Use of the language of ideograms in legally significant messages // Perm legal almanac. – 2024. – No. 7. – P. 118-130.
3. Kublyakova D. M. Emoji and stickers as evidence in courts considering disputes on civil cases // Garant science discussion board on legal, accounting and auditing. – 2023. – No. 1.
4. Panteleeva D. R., Olshanskaya E. A. Screenshot as a type of evidence in arbitration proceedings // Legal sciences, the rule of law and modern legislation. Collection of articles of the XIII International scientific and practical conference. – Penza: “Science and education” (IP Gulyaev G. Yu.), 2020. – P. 190-193.
5. Kholmanov K. O. Screenshot as a means of proof in civil and arbitration proceedings // Social and legal notebook. – 2022. – No. 12. – P. 200-208.
CIVIL PROCEDURE
PROVATKINA Valeriya Evgenjevna
student of the Far Eastern Federal University, Vladivostok
BAVIN Dmitriy Evgenjevich
student of the Far Eastern Federal University, Vladivostok
KORKIN Maxim Sergeevich
student of the Far Eastern Federal University, Vladivostok
PROBLEMS OF MEDIATION PROCEDURE IN CIVIL PROCEEDINGS
This article discusses the main problems faced by participants in the mediation procedure in civil proceedings. The authors analyze the difficulties that arise in the way of successful mediation and suggest ways to solve them. Through the prism of the effectiveness and accessibility of mediation in civil justice, the authors seek to identify ways to improve this method of dispute resolution in order to achieve more fair and satisfactory results for all participants in the process.
Keywords: mediation, civil proceedings, dispute resolution, mediator, efficiency.
Bibliographic list of articles
1. Sudorgina E. V. Mediation in civil and arbitration proceedings // Issues of Russian and international law. – 2018. – T. 8. No. 10A. – pp. 40-46.
2. Samigullin D. D. On some aspects of mediator responsibility // News of the Academy of Management: theory, strategies, innovations. – 2012. – No. 5
3. Gorshkova K. N. Zhelonkin S. S. Conciliation procedures in Russia: novelties of procedural reform in Russia: novelties of procedural reform. / Bulletin of St. Petersburg University of the Ministry of Internal Affairs of Russia. 2019. – No. 3 (83). – P. 1-10.
4. Fedyushkina M. S. The problem of the mediation procedure as an alternative to judicial proceedings in civil proceedings // Materials of the interuniversity scientific and practical conference “Current problems of civil and administrative proceedings” (Krasnodar, April 18, 2019). – Krasnodar: Kuban State University, 2019. – pp. 634-638.
legal proceedings.
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’s degree of Civil process sub-faculty of the Faculty of Law of the M. V. Lomonosov Moscow State University
THE IMPACT OF LORD WOOLF’S REFORMS ON CASE PREPARATION FOR TRIAL
The article deals with the impact of the reform of the English civil procedure, known as Lord Woolf’s reforms, on case preparation for trial. Special attention is paid to the changes in the procedure of disclosure documents, the shift to standard disclosure and its advantages. Novel approaches to the use of alternative dispute resolution (ADR) and the courts’ role in promoting their application are also analyzed. The article examines the practical aspects of implementing the reform in the first years after its introduction.
Keywords: Lord Woolf’s reforms, English civil procedure, case preparation for trial, documents disclosure, alternative dispute resolution, litigation costs.
Bibliographic list of articles
1. Slapper G., Kelly D. The English Legal System. – 13th Edition. Taylor&Francis, 2012.
2. Andrews N. The Three Paths of Justice. Court Proceedings, Arbitration, and Mediation in England. Springer. – 2018. – P. 7.
3. Lord Woolf Access to Justice: Interim Report to the Lord Chancellor on the civil justice system in England and Wales. – 1996. – P. 281.
4. Lord Woolf. Access to justice: final report to the Lord Chancellor on the civil justice system in England and Wales. – London: HMSO, 1996.
CIVIL PROCEDURE
SARKISYAN Valentina Georgievna
associate professor of Civil process sub-faculty of the I. T. Trubilin Kuban State Agrarian University, Krasnodar
ON THE ISSUE OF THE FORMATION OF THE INSTITUTION OF THIRD PARTIES AND IN THE CIVIL PROCESS
To date, the institution of third parties in procedural legislation, as well as the participation of third parties in civil proceedings in general, retains its important role. The entry of subjects of civil procedural legal relations as third parties expresses the desire of the legislator not only to contribute to the correct and comprehensive consideration by the court of the claims stated by the participants in a particular trial, but also to significantly save time in considering a disputed case. Despite the existence of an educational and scientific theoretical basis, as well as the existence of a legislative framework, errors often occur in judicial practice, expressed in the attribution of other participants in civil proceedings as third parties, both declaring independent claims and not declaring them. Therefore, in order to avoid the above-mentioned judicial errors, a detailed regulation of the essence of each subject of procedural legal relations, the procedural importance of their participation, depending on the type of third parties in court proceedings, is necessary.
Keywords: interested parties, third parties, legal proceedings, process.
Bibliographic list of articles:
1. Gorelov M.V. Third parties in civil proceedings: from time immemorial // Arbitration and civil process. – 2012. – No. 2. – P. 41.
2. Flexor D.S. Cancellation of decisions at the request of third parties not participating in the case. – St. Petersburg, 1894. – pp. 15-20.
3. Yushkov S.V. Monuments of Russian law. – M.: Gosyurizdat, 1952. – P. 35-36.
4. Monuments of Russian law / Ed. K. A. Sofronenko. – M.: Gosyurizdat, 1957. Issue. 6. Council Code of Tsar Alexei Mikhailovich of 1649. – P. 153.
5. Zagidullin M.R. Norms on legal liability in litigation in the Council Code of 1649 // Perm State National Research University (Perm). – 2018. – No. 3. – P. 7-18.
6. Vaskovsky E. V.: Textbook of civil procedure / Ed. E. V. Vaskovsky. – M.: Publishing house of the Bashmakov brothers, 1914. – 55 p.
7. Kleinman A.F. Civil process of European countries of people’s democracy. – M.: Gosyurizdat, 1960. – 56 p.
8. Poklonova E. V. Institute of participation of third parties in the civil process of Russia: historical aspect // Arbitration and civil process. – 2014. – No. 2. – P. 55-56.
INFORMATION LAW
PERMINOVA Mariya Olegovna
student of the 4th course of the North Caucasus Branch of the Russian State University of Justice, Krasnodar
PROBLEMS AND PROSPECTS OF LEGAL REGULATION OF NEURAL NETWORKS
The article analyzes the approaches existing in legal science and legislation to determining the legal status of neural networks from the point of view of attribution to the structural element of legal relations. The correlation of the concepts of “neural network” and “artificial intelligence” is considered and a conclusion is made about the formation of a misconception in science about their identity. Based on the analysis, assumptions are made about the most likely development of further regulatory regulation, taking into account existing concepts. The author concludes that the optimal approach to the disclosure of the term “neural network” would be to combine the technical and legal context, thereby determining the legal status of neural networks as an object of legal relations. It is also necessary to distinguish at the legislative level the results of human activity using a neural network and the results of autonomous neural network activity.
Keywords: artificial intelligence, neural network, legal status of neural networks.
Bibliographic list of articles
1. Sibiryakova Yu. V. The use of artificial intelligence technologies in the field of education: risks and promising directions // Expert institutions in the 21st century: principles, technologies, culture: Collection of scientific papers / Scientific editor T. I. Grabelnykh. – Irkutsk: Irkutsk State University, 2022. – pp. 211-214.
2. Boychenko I. S. Models of legal regulation of neural networks // Education and Law. – 2019. – No. 1. – P. 235-237.
3. Pleshakov E. A., Prosvirnina M. I. The problem of authorship of a work created by a neural network // Education and Law. – 2023. – No. 7. – P. 408-411.
ARBITRATION PROCESS
MITASHOVA Anastasiya Anatoljevna
magister student of the A. A. Khmyrov Faculty of Law of the Kuban State University, Krasnodar
VILGAUK Valeriy Yurjevich
magister student of the A. A. Khmyrov Faculty of Law of the Kuban State University, Krasnodar
THE PROBLEM OF DISTRIBUTION OF THE BURDEN OF PROOF BETWEEN SPOUSES IN INSOLVENCY (BANKRUPTCY) CASES: ISSUES OF THEORY AND PRACTICE
At the moment, in the arbitration process, there is no unambiguous approach of the courts to the issue of distributing the obligation to provide evidence between spouses in the event of bankruptcy of one of them, in situations where the creditor’s claims are common and are presented to both spouses. Various judicial instances make contradictory decisions, which can be divided into two opposite positions. The paper analyzes the materials of law enforcement practice, namely the practice of arbitration courts, as well as the Supreme Court of the Russian Federation. The author considers both positions together with the legal arguments presented in their defense. Themost preferred approach with justification of the author’s position is highlighted. It is also noted in the work that the basis for eliminating contradictions in the practice of resolving disputes under consideration is the development of a clear legal position at the level of the Supreme Court, where, on the basis of multiple and contradictory practice, an unambiguous and uniform approach to resolving the issue will be highlighted.
Keywords: arbitration process, bankruptcy procedure, burden of proof, common obligations of spouses, evidence in the arbitration process, joint property.
Bibliographic list of articles
1. On insolvency (bankruptcy): Federal Law of October 26, 2002 No. 127-FZ (as amended on December 25, 2023) // SPS “ConsultantPlus”. – [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_39331/8764f1ea3b4838d75bea542a4b17522b6649f35d/ (date of access: 04/06/2024).
2. Kurkova N. A., Strogonova T. P. recognition of spouses’ obligations as common in bankruptcy // Ex jure. – 2023. – No. 3. – P. 62.
3. On some issues related to the peculiarities of the formation and distribution of the bankruptcy estate in cases of bankruptcy of citizens: Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 25, 2018 No. 48 // ATP “ConsultantPlus”. – [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_314621/ (date of access: 04/07/2024).
4. Review of judicial practice of the Supreme Court of the Russian Federation dated April 13, 2016 No. 1 (approved by the Presidium of the Supreme Court of the Russian Federation on April 13, 2016) // ATP “ConsultantPlus”. – [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_ LAW_196727/ (date of access: 04/07/2024).
5. Family Code of the Russian Federation: Federal Law of December 29, 1995 No. 223 (as amended on July 31, 2023) // SPS “ConsultantPlus”. – [Electronic resource]. – Access mode: https://www.consultant.ru/ document/cons_doc_LAW_8982/ (date of access: 04/07/2024).
6. Resolution of the Arbitration Court of the Moscow District dated May 12, 2023 No. F05-7684/2023 in case No. A41-69083/2021 // ATP “ConsultantPlus”. – [Electronic resource]. – Access mode: https://www.consultant.ru/cons/cgi/online.cgi?req=doc&base=AMS&n= 474880#9zD4N9UbKX6B4qRI (date of access: 04/07/2024).
7. Resolution of the Arbitration Court of the North-Western District dated October 15, 2021 No. F07-8823/2021 in case No. A56-83684/2019 // ATP “ConsultantPlus”. – [Electronic resource]. – Access mode: https://www.consultant.ru/cons/cgi/ online.cgi?req=doc&base=ASZ&n=253572#ysQ6O9U6r6T8KJgw (date of access: 04/08/2024).
8. Determination of the Judicial Collegium for Economic Disputes of the Supreme Court of the Russian Federation dated February 26, 2016 in case No. 309-ES15-13978, A07-3169/14 // ATP “ConsultantPlus”. – [Electronic resource]. – Access mode: https://www.consultant.ru/cons/cgi/ online.cgi?req=doc&base=ARB&n=454176#Kor8O9U67mS1SId71 (date of access: 04/08/2024).
LAND LAW
ALIBEKOV Daniyal Ibrahimovich
student of the Institute of Law of the Dagestan State University, Makhachkala
THE PROCEDURE FOR CREATING ARTIFICIAL LAND PLOTS
This article provides a detailed explanation of the concept of artificial land plots, examines the main goals and objectives facing the creation of such plots, and analyzes the results of coordinating the process of their formation. The procedure for including a contract for the creation of artificial land plots is also described. Moreover, the article touches on important aspects, compares the experiences of different countries, and analyzes the pros and cons of the process of creating artificial land.
Keywords: artificial land plot, structure, artificial island, land, reclamation technology: Russian and international experience.
Bibliographic list of articles
1. Federal Law of the Russian Federation dated July 19, 2011 No. 246-FZ “On artificial land plots created on water bodies that are in federal ownership, and on amendments to certain legislative acts of the Russian Federation.” – (ed. dated November 28, 2018)
2. Glushko O. A., Popova P. E. Artificial land plots as an object of environmental law // Scientific support of the agro-industrial complex Collection of articles based on the materials of the IX All-Russian Conference of Young Scientists. Responsible for the release: A. G. Koshaev. 2021. pp. 525-526.
3. Galinovskaya E. A., Kichigin N. V. Legal problems of creating and determining the regime of artificial land plots // Legal issues of construction. 2008. No. 2. P. 12-16.
4. Melnikov N. N. Artificial land plot: search for a universal definition // Journal of Russian Law. 2020. No. 5.
5. Alluvial territories: what will be built in St. Petersburg and who is interested in it? [Electronic resource]. – Modeaccess: http://www.novostroyspb.ru/statyi/n (date of access: 05.25.2024).
6. Novitskaya A. A. Creation of artificial land plots within the boundaries of water bodies that are in federal ownership // Law. 2011. No. 12.
FAMILY LAW
DUBROVINA Anastasiya Nikolaevna
student of Civil and private international law sub-faculty of the Volgograd State University
FANTROV Pavel Petrovich
Ph.D. in political sciences, senior lecturer of Procedural law and criminalistics sub-faculty of the Institute of Law of the Volgograd State University
PECULIARITIES OF CONCLUDING A MARRIAGE CONTRACT REMOTELY BY MEANS OF INFORMATION AND COMMUNICATION TECHNOLOGIES
The article characterizes the peculiarities of including a marriage contract remotely via the Internet. It is concluded that in order to improve the quality of notarial services to the population it is advisable for the Federal Chamber of Notaries to develop and implement a “chat-bot” based on artificial intelligence, which at the request of users will perform actions to conclude notarial transactions, including marriage contracts.
Keywords: marriage contract, notariat, artificial intelligence, legislation, spouses, Unified Notary Information System, electronic signature.
Bibliographic list of articles
1. Agibalova E. N., Ryzhova A. A. Modern notariat in the era of digital transformation // Legal paradigm. – 2022. – No. 1.
2. Gaivoronskaya Ya. V., Miroshnichenko O. I. Legal problems of digitalization: theoretical and legal aspect // Legal paradigm. – 2019. – No. 4.
3. Dubrovina A. N., Fantrov P. P. Trends in the modernization of the institution of marriage contracts in modern Russia // Forum. – 2023. – No. 3.
4. Inshakova A. O. Law and information and technological transformations of social relations in the conditions of industry 4.0 // Legal paradigm. – 2019. – No. 4.
5. Solovyanenko N. I. Electronic documents in the field of notaries: legal functions and the mechanism of legal regulation // Law and practice. – 2022. – No. 3.
FAMILY LAW
LYAPIN Nikita Mikhaylovich
Ph.D. in historical sciences, associate professor of Jurisprudence sub-faculty of the Astrakhan State Technical University
THE GROUNDS FOR REDUCING THE AGE OF MARRIAGE IN RUSSIA: FEATURES OF LEGAL REGULATION
The article discusses the valid reasons and special circumstances of reducing the age of marriage. Russian family law allows for a reduction in the age of marriage from 18 to 16 years if there are valid reasons. At the same time, the laws of the constituent entities of the federation may reduce the age of marriage to 15 and to 14 years, taking into account, as an exception, special circumstances. In a number of subjects of the federation, such circumstances include pregnancy, the birth of a common child, an immediate threat to the life of one of the parties, and an unfavorable family situation. The necessity of unification of special circumstances and the minimum age of marriage within the framework of federal legislation is shown.
Keywords: marriage, marriageable age, valid reasons, special circumstances, pregnancy, birth of a child, immediate threat to life.
Bibliographic list of articles
1. Eremeev D. E. Islam is a way of life and a style of thinking. – M.: Politizdat, 1990.
2. Lekanova E. E. Legal regulation of the minimum marriage age: history and modernity // Current problems of Russian law. – 2020. – No. 8.
3. Lyashenko E. N. Marriage according to ancient Indian legal sources. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/zaklyuchenie-braka-po-drevneindiyskim-pravovym-istochnikam/viewer.
4. Russian legislation of the 10th-20th centuries: in 9 volumes. T.4. Legislation during the formation of absolutism. Responsible editor A. G. Mankov. – M.: Legal literature, 1986.
5. Tarusina N. N. Family law: essays from classics and modernity: monograph. – Yaroslavl, YarSU, 2009.
FAMILY LAW
ELDAROVA Jamilya Abdulkarimovna
senior lecturer of Civil law and process sub-faculty of the North Caucasus Institute (branch) of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
LEGAL CONSEQUENCES OF SEX CHANGE FOR MARRIED PERSONS
The article is devoted to substantiating the need to improve the family legislation of the Russian Federation due to the insufficiency of modern regulation of issues arising from a sex change by a married person. The article examines the issues of the legal naturee of the institution of marriage in Russian family law, as a traditional union of a man and a woman. The current positions of the doctrine in defining the concept of marriage are analyzed. The concept of marriage is defined on the basis of various scientific views. Based on the analysis of the current legislation, the article formulates proposals for amending the norms governing the recognition of marriage as invalid and the termination of marriage.
Keywords: family law, marriage, principles of family law, sex change, invalid marriages, termination of marriage, rights and obligations of spouses.
Bibliographic list of articles
1. Drobyazko S. R. Personal lifestyle as a subject of constitutional and legal protection using the example of the issue of gender reassignment // Constitutional and municipal law. – 2023. – No. 1. – P. 53-57.
2. Proshchalygin R. A. Legal consequences of gender change by one of the spouses during marriage // Family and housing law. – 2016. – No. 2. – P. 17-20.
LABOR LAW
LINETS Alexander Alexandrovich
Ph.D. in Law, associate professor of Labor law sub-faculty of the M. V. Lomonosov Moscow State University
LEGAL ASPECTS OF THE APPLICATION OF ARTIFICIAL INTELLIGENCE TECHNOLOGIES IN THE FIELD OF LABOR (PART 2: ISSUES OF PERCEPTION OF JUSTICE)
The development and widespread adoption of artificial intelligence technologies have the potential to significantly transform the labor market and the characteristics of the interaction of its subjects. This transformation can have both a positive and a negative impact on the economic and social development of society, as well as on the position of the subjects of the labor market. Studies of possible reactions of the state to the development of legislation in response to the above-mentioned changes in line with the harmonization of the interests of employees, employers and the state are becoming relevant. This issue is primarily based on the question of whether there is a need for legal regulation in the area under consideration at all, and, if the answer is yes, in determining the specifics of the relevant regulation, in particular, the issues of legitimizing decision -making using AI and the perception of the fairness of such decisions (both in a substantive and procedural sense). Part two of this study examines the issues of perception of the fairness of the employer’s use of AI when interacting with an employee.
Keywords: artificial intelligence, labor standards, prohibition of discrimination, employer power, justice.
Bibliographic list of articles
1. Linets A. A. Legal structures for the implementation of employer power // Labor law in Russia and abroad. 2022. No. 4. pp. 12-15.
2. Linets A. A. Implementation of employer power: legal aspects // Education and law. 2024. No. 2. P. 400-404.
3. Vasilevskaya L. Yu. Artificial intelligence: problems of civil qualification // Bulletin of the O. E. Kutafin University (MSAL). 2023. No. 5. P. 32-40.
4. Langille B. A. Labor Policy in Canada – New Platform, New Paradigm // Canadian Public Policy / Analysis de Politiques. 2002. Vol. 28. No. 1. Pp. 132-142.
5. Lushnikov A. M. “Law and Economics”: monograph. Moscow: Prospekt, 2019. 192 pp.
6. Tomashevsky K. L. Axiology of labor law as a doctrine of values in the sphere of labor // Russian Journal of Legal Research. 2017. No. 1(10). pp. 220-228.
7. Güth W., Schmittberger R., Schwarze B. An Experimental Analysis of Ultimatum Bargaining // Journal of Economic Behavior and Organization. 1982. Vol. 3 (4). pp. 367–388.
8. Engel Ch. Dictator games: a meta study // Experimental Economics. 2011. No. 14 (4). pp. 583-610.
9. Camerer C., Thaler. R.H. Anomalies: Ultimatums, Dictators and Manners // Journal of Economic Perspectives. 1995. No. 9 (2). pp. 209-219.
10. Oosterbeek H, Sloof R., Van De Kuilen G. Cultural Differences in Ultimatum Game Experiments: Evidence from a Meta-Analysis // Experimental Economics. 2004. No. 7 (2). pp. 171-188.
11. Petrovskaya I. A., Demchenko V. S. Algorithmic management: experience of empirical research // Bulletin of Moscow University. Series 6. Economics. 2023. No. 58 (6). pp. 109-132.
LABOR LAW
VASILENKO Yuliya Evgenjevna
lecturer of the College of Altai State University, Barnaul
THE FORMAL NATURE OF LABOR RELATIONS IN THE CONTEXT OF JUDICIAL PRACTICE
Labor relations are an integral part of labor law. The presence of the norm of Art. 15 of the Labor Code of the Russian Federation, establishing signs of labor relations, allows you to distinguish labor relations from related. At the same time, as law enforcement practice shows, the presence of an employment contract is not always a confirmation of the existence of labor relations as such. This article presents an analysis of the concept of “formal nature of labor relations” formed in law enforcement practice and the legal consequences of recognizing labor relations as such, and also suggests ways to improve labor legislation in this area
Keywords: the formal nature of the employment relationship, fictitious labor relations, employment contract, artificial labor relations.
Bibliographic list of articles
1. Avdeeva S.V. Expert consultation, State Labor Inspectorate in the Oryol region. 2024. // consultant.ru [Electronic resource]. – Access mode: https://clck.ru/3ACfXp (04/20/2024).
2. Eremenko V.I. On formal agreements in Russian civil law // Invention. 2010. T. 10. No. 4. // elibrary.ru [Electronic resource]. – Access mode: https://clck.ru/3ABxpC (date of access: 04/20/2024).
3. Kuklin D.S. Features of fraud in the sphere of labor relations // Criminal justice. 2018. No. 11. // cyberleninka.ru [Electronic resource]. – Access mode: https://clck.ru/3ACtoy (04/21/2024).
4. Lushnikova M.V. Conditions for the validity of labor contracts, changes in the legal qualifications of labor contracts, annulment of the labor contract: questions of theory and practice // Russian Yearbook of Labor Law. 2009. No. 4 // elibrary.ru [Electronic resource]. – Access mode: https://clck.ru/3AFAg8 (date of access: 04/23/2024).
5. Osetrov S. A. Fictitious employment contract: legal consequences // Legal Bulletin of Samara University. 2016. T. 2. No. 1. // elibrary.ru [Electronic resource]. – Access mode: https://clck.ru/3ACgQB (04/20/2024).
6. Ofman E. M. Legality of concluding an employment contract from the position of the Social Insurance Fund of the Russian Federation // Bulletin of the South Ural State University. Series: Law. 2022. T. 22. No. 2. // elibrary.ru [Electronic resource]. Access mode: https://clck.ru/3ACs4Z (04/21/2024).
7. Ofman E. M. Invalidity of an employment contract: analysis from the perspective of the mechanism for exercising subjective rights and fulfilling the duties of the employee and employer // Bulletin of St. Petersburg University. Right. 2023. T. 14. No. 4. // elibrary.ru [Electronic resource]. – Access mode: https://clck.ru/3AChsT (04/21/2024).
8. Snigireva I. O. Labor legal relationship: general and special // Law and practice. 2018. No. 4. [Electronic resource]. – Access mode: https://clck.ru/3ACi5F (04/21/2024).
FINANCIAL LAW
BRYKIN Konstantin Igorevich
Ph.D. in Law, associate professor of Fundamental jurisprudence and international law sub-faculty of the G. Mirzoev Russian University of Lawyers and Notaries
REGIONAL CURRENCY AS AN OBJECT OF FINANCIAL LEGAL RELATIONS
The article, using historical and formal legal methods, examines the approaches of outstanding jurists of the Soviet era and modern times in the field of legal theory and financial law to the concepts of legal relations and its object. When considering a regional currency as an object of financial legal relations, it is necessary to take into account citizens, business, and society as a whole. In the context of integration processes within the framework of interstate associations with the participation of the Russian Federation, sanctions restrictions, ongoing financial policies, reorientation of sales and consumption markets, a regional currency can balance the interests of the state and society, which forms international financial rights – ensuring a balance of private and public interests.
Keywords: financial legal relationship, object of financial legal relationship, public fund, material benefit, regional currency, interstate association, public interest.
Bibliographic list of articles
1. Alekseev S.S. General theory of law. In two volumes. T. I. – M.: Legal. lit., 1982. – 360 pp.
2. Brykin K. I. Results of the BRICS summit: strengthening monetary and financial cooperation, development of settlement and correspondent relations, chances for the creation of a new currency // Agrarian and Land Law. – 2023. – No. 9 (225). – pp. 42-44.
3. Brykin K. I. Prospects for the development of currency legal relations between the SCO member states // Education and Law. – 2023. – No. 7. – P. 217-220.
4. Brykin K. I. The phenomenon of dedollarization in Russian financial law // Financial law. – 2024. – No. 2. – P. 8-10.
5. Vasyanina E. L. On the nature of financial legal relations // Business, management and law. – 2014. – No. 1 (29). – pp. 91-94.
6. Gorbunova O. N. Financial law and financial monitoring in modern Russia. – M.: Vocational Education LLC, 2003. – 158 p.
7. Gracheva E. Yu. On the issue of the essence of financial law //Bulletin of the University named after O. E. Kutafin (MSAL). – 2020. – No. 9 (73). – pp. 26-32.
8. Zapolsky S.V. Discussion issues in the theory of financial law: monograph. – M.: RAP, Eksmo, 2008. – 160 p.
9. Karaseva M.V. Modern trends in the development of property relations in financial law // Financial law. – 2021. – No. 7. – P. 7-11.
10. Krokhina Yu. A. Current problems of administrative-legal and financial-legal regulation at the present stage in the Russian Federation // Prospects for the development of financial law: Collection of articles based on the materials of the International scientific and practical conference “Prospects for the development of financial law” (“Piskotin Readings – 2022″), Moscow, April 14, 2022 – M.: Institute of State and Law of the Russian Academy of Sciences, 2022. – P. 41-46.
11. Krokhina Yu. A. Financial law of Russia: textbook. 6th ed., revised. – M.: Norma: INFRA-M, 2023. – 504 p.
12. Rovinsky E. A. Basic questions of the theory of Soviet financial law: monograph. 2nd ed. erased – M.: Norma: INFRA-M, 2018. – 176 p.
13. Turbanov A.V. Financial law and financial market // Financial law. – 2020. – No. 10. – P. 7-12 @@ 2021. – No. 1. – P. 10-16.
14. Financial law: textbook / rep. ed. N. I. Khimicheva, E. V. Pokachalova. 6th ed., revised. and additional – M.: Norma: INFRA-M, 2020. – 800 pp.
15. Financial law: textbook for universities / E. M. Ashmarina [etc.]; edited by E. M. Ashmarina. 3rd ed., revised. and additional – M.: Yurayt Publishing House, 2023. – 360 pp.
16. Financial law: textbook and workshop for universities / G. F. Ruchkina [et al.]; edited by G. F. Ruchkina. 2nd ed., revised. and additional – M.: Yurayt Publishing House, 2023. – 361 p.
17. Khimicheva N. I. Russian financial law at the present stage // Leningrad Legal Journal. – 2013. – No. 3 (33). – pp. 10-12.
18. Khimicheva N. I. Financial law: federal and regional aspects of development // News of higher educational institutions. Jurisprudence. – 2002. – No. 5 (244). – pp. 16-25.
FINANCIAL LAW
VINNIK Alexey Viktorovich
lecturer of Financial law sub-faculty of the V. F. Yakovlev Ural State Law University, Yekaterinburg
ON ASSESSING THE USE OF TAX PREFERENCES BY SCIENTIFIC ORGANIZATIONS IN THE CONTEXT OF PROTECTING THEIR RIGHTS AS TAXPAYERS (BASED ON AN ANALYSIS OF JUDICIAL AND ARBITRATION PRACTICE)
The article, based on an analysis of Russian tax legislation, extensive judicial practice and scientific literature, identifies the main reasons for the emergence of tax disputes regarding the application of tax preferences by scientific organizations as taxpayers and proposes the author’s way of solving the identified problems. In addition, the author states that certain provisions of the legislation on taxes and fees in Russia, which provide for tax preferences, by their legal nature and focus cannot be considered as tax benefits for scientific organizations.
Keywords: tax benefits, tax preferences, scientific organizations, tax disputes, tax authority, taxpayer.
Bibliographic list of articles:
1. Tax law: textbook. for undergraduate studies / Ed. I. A. Tsindeliani. – 2nd ed. – M.: Prospekt, 2016. – 525 p.
2. Bataykin P. A. Tax policy as an instrument of stimulation and stabilization // Lawyer. – 2022. – No. 3. – P. 43-51.
3. Ledneva Yu. V. Stimulating scientific and innovative activities through tax preferences // Financial law. – 2021. – No. 8. – P. 27-31.
4. Khavanova I. A. Tax expenses as a legal category // Financial law. – 2024. – No. 1. – pp. 15-19 // Access from SPS “Consultant Plus”.
5. Lermontov Yu. M. Article-by-article commentary to Chapter 25 of the Tax Code of the Russian Federation “Organizational Profit Tax” // SPS ConsultantPlus. 2012.
6. Yakusheva E. E. Tax benefits for high-tech companies: features and prospects // Russian Legal Journal. – 2023. – No. 2. – pp. 143-152 // Access from SPS “Consultant Plus”.
7. Kurochkin D. A. Tax mediation: experience of regulation and application in Russia // Tax expert. – 2021. – No. 3. – P. 53-63.
FINANCIAL LAW
KALIN Vitaliy Ivanovich
postgraduate student of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
WAYS TO ENSURE PROPER FULFILLMENT OF OBLIGATIONS ARISING FROM A BANK LOAN AGREEMENT
A comprehensive analysis of the bank loan agreement, an assessment of its relationship with the economic and legal principles of the life process of society, is dictated by the economic, legal, and social reality existing within the state. Given this circumstance, scientific thought does not remain indifferent to the analysis of the legal and theoretical aspects of bank lending carried out within the fframework of contractual principles. A variety of forms of bank lending (standard loan, credit line (renewable, non-renewable), overdraft, onco-lending, etc.), a heterogeneous subject composition, a universal approach to calculating interest rates, create favorable ground for doctrinal research , which is gradually being introduced into the banking industry.
In the conditions of modern reality, an inert position towards a bank loan agreement on the part of government authorities and representatives of scientific doctrine will serve as a vector for the trivial construction of public relations in the field of market regulation of the economy. In this regard, an attempt is being made to answer questions related to the proper execution of the contract and ensuring the fulfillment of obligations under the bank loan agreement.
Keywords: bank loan agreement, lending, methods of enforcement, bank, banking activity.
Bibliographic list of articles
1. Dudin M. N., Sekerin V. D., Smirnova O. O., Frolova E. E., Sepiashvili E. N.
State anti-crisis management of the banking sector: looking for optimization ways and contemporary development trends // Journal of Advanced Research in Law and Economics. – 2014. – Vol. 5. No. 2. – R. 74-81.
2. Frolova E. E., Zankovsky S. S., Dudin M. N., Zinkovsky S. B., Kirsanov A. N. Studying concepts of the breakthrough economic reforms in selected developed and developing countries and regions of the world: economic and legal aspect // Journal of Advanced Research in Law and Economics. – 2018. – Vol. 9. No. 4 (34). – R. 1236-1242.
3. Bakhrieva Z. R., Murtazaeva A. A. Unnamed methods of ensuring the fulfillment of obligations (part I) // Scientific notes of the Crimean Federal University named after V. I. Vernadsky, Legal Sciences. – 2019. – T. 5 (71). No. 14. – pp. 272-278.
4. Bakhrieva Z. R., Murtazaeva A. A. Unnamed methods of ensuring the fulfillment of obligations (part II) // Scientific notes of the Crimean Federal University named after V. I. Vernadsky, Legal Sciences. – 2021. – T. 7 (73). No. 1. – pp. 388-394.
5. Civil law. Volume 1. Edited by A. P. Sergeev, Yu. K. Tolstoy, Prospect. – M., 2001. – P. 564.
6. Koshko O. V. Financial covenants as an innovative mechanism for ensuring the fulfillment of a loan obligation in Russian practice (O. V. Koshko) // Bulletin of the Vologda Institute of Law and Economics: crime, punishment, correction. – 2010. – No. 10. – P. 57-59.
7. Meyer D.I. Russian civil law (in 2 hours, Part 2). According to the corrected and supplemented 8th ed., 1902. – M.: Statute, 1997. – P. 179.
8. Slutu N., Tsurkan R. Methods of ensuring the fulfillment of obligations and liability for failure to fulfill obligations // Law and Life. – Chisinau, 2016. – pp. 26-33.
9. Frolova E. E., Karmadonova E. V. Trends and directions of development of the credit market (on the example of the Irkutsk region). – M.: Publishing house “NAUKA”, 2013. – 406 p.
10. Frolova E. E. New ecosystem of the financial market of the European Union: digitalization and sustainability // Bulletin of the Russian Peoples’ Friendship University. Series: Legal sciences. – 2020. – T. 24. No. 3. – P. 673-694.
FINANCIAL LAW
ZARIPOV Renat Ravilevich
Ph.D. in economical sciences, associate professor, Head of Administrative and legal disciplines sub-faculty of the Faculty of Law of the Vladimir Law Institute of the FPS of Russia
ERMAKOV Sergey Vyacheslavovich
Ph.D. in Law, associate professor, associate professor of International and public law sub-faculty of the Financial University under the Government of the Russian Federation
FEATURES OF THE APPLICATION OF TAX LEGISLATION IN RELATION TO BODIES AND INSTITUTIONS OF THE FEDERAL PENITENTIARY SERVICE OF RUSSIA AND THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA IN THE PAYMENT OF REGIONAL TAXES
At the beginning of the article, the importance of taxes in the formation of the revenue side of the consolidated budgets of the subjects of the Russian Federation is considered. Further in the article, the authors begin to analyze such regional taxes as the transport tax and the corporate property tax. Consideration of the norms of tax legislation makes it possible to identify a number of controversial points regarding the procedure for paying transport tax and corporate property tax by federal institutions of the Federal Penitentiary Service of Russia and the Ministry of Internal Affairs of Russia. An in-depth study of this issue made it possible to identify two opposite recommendations from the financial authorities, in a time context. At the end of the article, conclusions are drawn and proposals are made to improve tax legislation.
Keywords: taxes, regional taxes, budget, taxpayer, object of taxation, law enforcement agentcies.
Bibliographic list of articles
1. Information illustrated publication “Execution of the federal budget and budgets of the budget system of the Russian Federation for 2022.” [Electronic resource]. – Access mode: https://minfin.gov.ru/ru/document?id_4=303683-informatsionnoe_illyustrirovannoe_izdanie_ispolnenie_federalnogo_byudzheta_i_byudzhetov_byudzhetnoi_sistemy_rossiiskoi_federatsii_za_2022_god (date of access: 04/01/2024 ).
2. Zaripov R. R., Popova T. V. On the need to reform the transport tax // Eurasian Legal Journal. -2022. – No. 4 (167). – P. 236.
ECOLOGICAL LAW
PERELEKHOVA Tatyana Sergeevna
magister student of the Higher School of Law and Forensic-Technical Expertise of the Humanitarian Institute of the Peter the Great St. Petersburg Polytechnic University
ERMOLINA Marina Anatoljevna
Ph.D. in Law, associate professor of World politics sub-faculty of the St. Petersburg State University
FEATURES OF CADASTRAL REGISTRATION AND REGISTRATION OF RIGHTS TO A LAND PLOT, TAKING INTO ACCOUNT INFORMATION ABOUT THE PRESENCE OF MINERALS ON ITS BORDERS
The article analyzes the features of the legal regulation of the accounting of minerals within the boundaries of land plots, as well as issues of registration of rights to it. The conclusion is made about the imperfection of legal regulation in this area, the reason for which is the lack of obligation of the legal holders of land plots to clarify the location of the boundaries of land plots within a certain time frame. An analysis of changes in federal legislation and judicial practice in this area is carried out. The authors also examine foreign experience and propose to make appropriate changes to legislation.
Keywords: land plot, mining allotment, cadastral registration, registration of rights, boundaries, location, forest plot, subsoil use, information.
Bibliographic list of articles
1. Bastrykin V., Bolotskikh V., Biryukova L. Theory and practice of determining the cost of land for subsoil use // Property relations in the Russian Federation. – 2020. – No. 3 (222). – pp. 20-31.
2. Evtushkova E. P. Improvement of the procedure for allocating land from forest fund lands for subsoil use // International agricultural journal. – 2023. – No. 1. – P. 87 -112.
3. Ermolina M. A., Bushueva A. E. Legal aspects of digital transformation of cadastral registration of natural resources // Law and information: questions of theory and practice. Collection of materials of the international scientific and practical conference. Ser. “Electronic legislation”. Scientific editor: N. A. Sheveleva. – St. Petersburg, 2022. – pp. 188-193.
4. Varlamov A. A., Galchenko S. A., Antropov D. V., Komarov S. I., Shapovalov D. A. Problems of cadastres and ways to solve them // Interexpo Geo-Siberia. – 2018. – T. 2. No. 3. – P. 237-251.
ECOLOGICAL LAW
SAFARYAN Yakov Gennadjevich
lecturer of Land and environmental law sub-faculty of the Saratov State Law Academy
THE CITY AS AN OBJECT OF LEGAL PROVIDING OF ENVIRONMENTAL SAFETY
The article deals with environmental problems and factors that have a negative impact on the state of the environment in modern cities. The author defines the most general environmental problems of cities, their causes and possible health risks for the citizens of cities of the Russian Federation. The author draws attention to the need to take into account the peculiarities of specific subjects and cities for maximum individualization of legal provision of environmental safety of cities. As a result of the study, the author concludes that modern cities are an important object of legal provision of environmental safety, requiring the consideration of individual characteristics to improve the effectiveness of the legal provision of environmental safety.
Keywords: urban ecology, legal provision of environmental safety, environmental problems, causes of environmental problems of the city, health deterioration of urban citizens.
Bibliographic list of articles
1. Lyakhovenko O.I., Chulkov D.I. Main environmental problems of Russian cities and strategy for their resolution // Russian political science. – 2017. – No. 3 (4).
2. Meisner T. N. Environmental safety of a modern city as a subject of interdisciplinary research // Humanities of the South of Russia. – 2020. – No. 1.
3. Lisina N. L. Sustainable development of cities in the Russian Federation: myth or reality? // Agrarian and land law. – 2019. – No. 9 (177).
4. Lisina N. L. Legal significance of state environmental assessment in solving problems of environmental protectionenvironment in cities // Society: politics, economics, law. – 2018. – No. 9 (62).
5. Lisina N. L. On the issue of the state and trends in the development of legal environmental protection in cities // Law and State: Theory and Practice. – 2019. – No. 11 (179).
CRIMINAL LAW
AMIRKHANYAN Vahe Gagikovich
senior lecturer of Physical training sub-faculty of the Voronezh Institute of the MIA of Russia, major of police
FEDORTSOV Andrey Vasiljevich
senior lecturer of Physical training and sports sub-faculty of the Krasnodar University of the MIA of Russia
MARCHENKO Ivan Nikolaevich
senior lecturer of Physical training sub-faculty of the Educational and Scientific Complex of Special Training of the V. Ya. Kikot Moscow University of the MIA of Russia
OPTIMIZATION OF COUNTERING EXTREMIST ACTIVITY: THE ROLE OF AN INTEGRATED APPROACH
This article highlights the importance of applying an integrated approach in the fight against extremist activities. The article examines the main aspects of cooperation between departments, emphasizing its crucial role in countering extremist crime. The role of the rapid exchange of information on the spread of radical ideas and joint planning of actions was analyzed in the context of timely suppression of extremist crimes. Annual event plans are also considered, which usually include preventive conversations, surveys and the fulfillment of various requests. The article also highlights the importance of identifying subversive intentions and plans organized by extremist organizations against Russia, and emphasizes the value of supporting local media in exposing extremist ideology. An important aspect is the conduct of counter-propaganda activities to resist extremist organizations. The article also describes the role of information and propaganda participation in ensuring foreign policy measures aimed at reducing the threat of extremism. It also emphasizes the need to limit the dissemination of propaganda materials by extremist organizations and to search for authors, manufacturers and distributors of such materials. In conclusion, the article notes the importance of in-depth research and analysis for effective counteraction to extremist activities, as well as the need for continuous improvement of legal mechanisms and international cooperation to counter these crimes.
Keywords: combating extremist activities, cooperation, information exchange, preventive measures, media support, counter-propaganda, eliminating authors and distributors of anonymous materials, limiting the spread of propaganda on the Internet, responsibility for extremist crimes, improving the legal framework, analyzing the legislation of other countries, judicial practice, taking into account the people and mentality when applying legislation.
Bibliographic list of articles
1. Alekseev A.I., Ovchinsky V.S., Pobegailo E.F. Russian criminal policy: overcoming the crisis. – M., 2019. – 214 p.
2. Baglay M.V. Constitutional law of the Russian Federation: Textbook for universities. – M.: Norma, 2017. – 453 pp.
3. 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.
CRIMINAL LAW
BALABKIN Dmitriy Alexeevich
student of the Higher School of Law and Forensic Technical Expertise of Humanitarian Institute of the Peter the Great St. Petersburg Polytechnic University
ABROSIMOV Ilya Sergeevich
student of the Higher School of Law and Forensic Technical Expertise of Humanitarian Institute of the Peter the Great St. Petersburg Polytechnic University
GOGOLEVA Valentina Vladimirovna
Ph.D. in pedagogical sciences, associate professor of the Higher School of Jurisprudence and Forensic-Technical Expertise of the Peter the Great St. Petersburg Polytechnic University
THE PLACE OF LEGAL CULTURE IN THE SYSTEM OF ANTI-CORRUPTION MEASURES IN THE RUSSIAN FEDERATION
The article considers the main elements of the anti-corruption system, which are provided for by the legislation of the Russian Federation. The authors pay special attention to the legal culture and its special role in the anti-corruption system. The authors state that a systematic approach is the most effective way to combat corruption. A system of measures to combat and prevent corruption is presented. The work analyzes scientific articles, federal laws and departmental acts of the Prosecutor General’s Office of the Russian Federation. The authors use an interdisciplinary approach based on legal and pedagogical views.
Keywords:corruption, counteraction measures, system, legal culture.
Bibliographic list of articles
1. “On Combating Corruption”: Federal Law No. 273-FZ dated December 25, 2008 (as amended on December 19, 2023). [Electronic resource]. – Access mode: http://www.pravo.gov.ru (date of access: 03/31/2024).
2. “On anti-corruption examination of regulatory legal acts and draft regulatory legal acts”: Federal Law of July 17, 2009 No. 172-FZ (as amended on December 5, 2022) // SPS “ConsultantPlus” (date of access: 03/31/2024).
3. Instruction of the Prosecutor General’s Office of Russia No. 401/11, Ministry of Internal Affairs of Russia No. 2 dated 06.19.2023 “On the implementation of lists of articles of the Criminal Code of the Russian Federation used in the formation of statistical reporting” // SPS “ConsultantPlus” (date of access: 03.31.2024) .
4. Zhuravlenko N. I. Daukaev I. M. Formation of a system for combating corruption // Eurasian Advocacy. – 2013. – No. 2 (3). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/formirovanie-sistemy-protivodeystviya-korruptsii (date of access: 03/31/2024).
5. Ovchenkov V. A., Pershina V. K. Formation in society of intolerance to corrupt behavior as one of the measures to prevent corruption offenses // Bulletin of the Prikamsky Social Institute. — 2021. — No. 2 (89). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/formirovanie-v-obschestve-neterpimosti-k-korruptsionnomu-povedeniyu-kak-odna-iz-mer-profilaktiki-korruptsionnyh-pravonarusheniy (date of access: 03/31/2024 ).
6. Sazhaeva M. A. On the issue of the system of combating crime (corruption) // Law and Law. – 2018. – No. 7. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/k-voprosu-o-sisteme-protivodeystviya-prestupnosti-korruptsii (date of access: 03/31/2024).
CRIMINAL LAW
VRAZHNOV Alexey Sergeevich
Ph.D. in Law
VOLKOVA Olesya Viktorovna
Ph.D. in Law, associate professor of Jurisprudence sub-faculty of the Moscow International University
SABIEV Suliman Shamsudinovich
senior lecturer of Public and criminal law sub-faculty of the Russian New University
ON THE ISSUE OF MILITARY LAWYERS PROVIDING LEGAL ASSISTANCE IN CRIMINAL AND OTHER CASES IN THE TERRITORY OF THE SPECIAL MILITARY OPERATION IN UKRAINE
This article is devoted to the activities of lawyers in providing legal assistance to military personnel, volunteers and volunteers in the territory of a special military operation in Ukraine. Based on the existing problems of providing legal assistance, within the framework of a Special military operation, proposals are made to improve law enforcement practice and legislation related to specialized military law firms.
Keywords: Special military operation in Ukraine, SMO, soldier, volunteer, volunteer, lawyer, military lawyer, specialized bar association, military bar association.
Bibliographic list of articles
1. Anisimov V. S. Current issues of the participation of lawyers in the implementation of legal protection of freedoms, rights and interests of participants in a special military operation // Military Law. – 2023. – No. 5 (81). – pp. 103-108.
2. Vrazhnov A. S. On the issue of specialization in the legal profession // Lawyer practice. – 2016. – No. 4. – P. 45-48.
3. Novikova O. V. Who are military lawyers in Russia? // Military law. – 2018. – No. 3 (49). – pp. 24-28.
CRIMINAL LAW
KUTSEV Vladimir Valentinovich
Deputy, Representative Assembly of the Rylsky District of the Kursk Region
CAUSES AND CONDITIONS FOR COMMITTING CRIMES IN THE FIELD OF FRIEND TRAFFICKING
The article is devoted to consideration of the causes and conditions for committing crimes in the field of drug trafficking. The purpose of the study is to identify the main causes and conditions that determine drug crime, as well as to develop proposals for their neutralization and elimination. Taking into account the specifics of drug-related crime, the fight against this negative phenomenon should be carried out precisely in the direction of eliminating the factors that contribute to the commission of drug-related crimes and the involvement of new persons in it. The article identifies and analyzes the main causes of drug crime. These are reasons of economic, legal, law enforcement, cultural, family, pedagogical and socio-psychological nature.
The subject of the study is the causes and conditions contributing to the emergence and growth of drug crime. The relevance of the research topic is beyond, since the problem of drug crime doubt is still quite acute.
Research methodology. During the study, general scientific methodsof cognition were used: analysis, synthesis, induction, deduction, analogy, universal dialectical, formal legal and other methods. The chosen methodology made it possible to comprehensively study all aspects of the topic. The result of the study was the identification of the main causes and conditions for committing crimes in the field of drug trafficking (economic, legal, law enforcement, cultural, family-pedagogical and socio-psychological). Proposals for their effective neutralization and elimination were also formulated. Attention was drawn to the fact that, as part of strengthening the fight against drug crime, it is necessary to work towards increasing the legal culture, legal awareness and legal literacy of the population.
The results of this study, the conclusions drawn and the proposals formulated can be used in the future to improve the anti-drug legislation of the Russian Federation, as well as in the practice of law enforcement agencies. The scientific novelty of the study is expressed in a comprehensive analysis of the totality of the causes and conditions for committing crimes in the field of drug trafficking, their systematization and the development of an integrated approach to neutralize their influence.
It is concluded that the fight against drug crime should not be limited to eliminating negative consequences. A much greater effect can be achieved if we work with the causes and conditions that determine drug crime.
Keywords: causes of drug crimes, conditions of drug crime, drug trafficking, narcotic drugs, drug addicts, law enforcement agencies, fight against drug crime, legal consciousness, legal culture, youth.
Bibliographic list of articles
1. Avanesov G. A. Crime and its causes in the USSR [Text] / Ed. Doctor of Law sciences, prof. K. E. Igosheva; Academician Ministry of Internal Affairs of the USSR. Department of Crime Prevention. – Moscow. 1976. – 48 p.
2. Beloglazov V. A. Causal complex of crime: questions of theory and methodology: dis. …cand. legal Sci. – Sverdlovsk, 1989. – 221 p.
3. Bluvshtein Yu. D. Methodological problems of studying crime and the personality of the criminal: (Logical-mathematical aspect): Abstract of thesis. dis. for the job application scientist Doctor of Law degrees Sci. – Moscow, 1975. – 33 p.
4. Volzhenkin B.F. Immediate cause of crime // Questions of studying crime and combating it. Collection of materials of the III All-Union Scientific Seminar on Problems of Criminology. – M.: Publishing House of the All-Union Institute for the Study of the Causes and Development of Crime Prevention Measures, 1975. – P. 159-165.
5. Galuzinsky A. A. Causes and conditions of crime associated with illegal drug trafficking // Problems of economics and legal practice. – 2012. – P. 45.
6. Kombarova A. Yu. A surge in drug addiction in Russia as a consequence of the reforms of the 90s // Bulletin of the Irkutsk State Transport University. – 2010. – No. 5 (45). – pp. 362-365.
7. Shabanov L.V., Firsova O.V. Comparative analysis of situational drug use in the youth subculture among adolescents with different family status // Bulletin of Tomsk State University. – 2007. – No. 301. – P. 186-192.
8. Zasseev D. A. Social and legal analysis of the spread of drug addiction in the modern world // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2016. – No. 3 (71). – pp. 108-111.
9. Karpets I. I. Modern problems of criminal law and criminology. – Moscow: Legal. lit., 1976. – 223 pp.
10. Galuzinsky A. A. Causes and conditions of crime associated with illegal drug trafficking // Problems of economics and legal practice. – 2012. – No. 1.
11. Luneev V.V. Trends in modern crime and the fight against it in Russia // State and law. – 2004. – No. 1. – P. 5.
12. Chashnikova V. A., Alimpiev S. A., Causes and conditions for committing crimes related to the illegal trafficking of narcotic drugs and psychotropic substances // Bulletin of the Tyumen Institute for Advanced Training of Employees of the Ministry of Internal Affairs of Russia. – 2015. – No. 2 (25). – pp. 174-180.
13. Kirsanov A. N. Countering drug trafficking and drug addiction in the national security system of Russia: political science analysis: dis. … doc. watered Sci. – M., 2010. – P. 33.
14. Kudryavtsev V. N. Causality in criminology: (On the structure of individual criminal behavior). – Moscow: Legal. lit., 1968. – 175 pp.
15. Piontkovsky A. A. The doctrine of crime in Soviet criminal law. – Moscow: Gosyurizdat, 1961. – 666 p.
CRIMINAL LAW
MAKHMUDOVA Maryana Amrullakhovna
Ph.D. in Law, associate professor, Deputy Head of Criminal law and public law disciplines sub-faculty of the Dagestan State University of National Economy, Makhachkala
MARIANOV Alikhan Abdulaevich
Ph.D., associate professor of the R. Gamzatov Dagestan State Pedagogical University, of the DagestanState University, branch in Izberbash
PROBLEMATIC ISSUES OF AN UNFINISHED CRIME
The article analyzes the norms of Russian criminal law, which describe the differences between a completed and an unfinished crime, and also examines the practice of their application, including the difference between preparation and attempt.
When investigating crimes, it is extremely important to correctly determine the stage of its commission, since the various stages reflect the level of implementation of the criminal intent. The presence of a certain stage of the crime significantly affects the public danger of the deed and is taken into account when considering the issue of criminal liability. Based on the analysis of criminal legislation, judicial practice and theoretical provisions, conclusions and proposals were made to improve the Criminal Code of the Russian Federation.
Keywords: preparation for a crime, an unfinished crime, the composition of an unfinished crime.
Bibliographic list of articles
1. Bezugly S. N. To the concept of “Unfinished Crime” // Gaps in Russian legislation. – 2014. – No. 2. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/k-ponyatiyu-neokonchennoe-prestuplenie (date of access: 04/05/2024).
2. Klochenko L. N. The reality of the threat of murder or harm to health // Law and state: theory and practice. – 2019. – No. 10 (178). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/realnost-ugrozy-ubiystvom-ili-prichineniem-vreda-zdorovyu (date of access: 04/05/2024).
3. Khrushchev A.V. Distinction between preparation for a crime and attempted crime // E-Scio. – 2021. – No. 6 (57). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/razgranichenie-prigotovleniya-k-prestupleniyu-i-pokusheniya-na-prestuplenie (date of access: 04/05/2024).
4. Chernenko T. G. Some questions of qualification of preparation for a crime and attempted crime // Bulletin of the Kuzbass Institute. – 2016. – No. 3 (28). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/nekotorye-voprosy-kvalifikatsii-prigotovleniya-k-prestupleniyu-i-pokusheniya-na-prestuplenie (date of access: 04/05/2024).
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
GRIGORYAN Ani Khachaturovna
magister student of Organization of combating economic crimes sub-faculty of the Samara State University of Economics
ACTUAL ASPECTS OF CRIMINAL LIABILITY FOR EMBEZZLEMENT OF FUNDS FROM BANK CARDS COMMITTED USING INFORMATION AND COMMUNICATION TECHNOLOGIES
The article reveals the reasons for the intensive use of bank cards by individuals and their spending operations through non-cash funds through convenient and expeditious financial transactions. The transfer of the money circulation system to the electronic space is accompanied by an increase in the number of criminal encroachments on citizens’ funds stored in the current accounts of credit institutions, due to the awareness of intruders about the form and place of accumulation of finances of specific persons. The active use of information and communication technologies (hereinafter – ICT) in all spheres of life has also affected the criminal world, which initiates the use of such innovations as a means of committing illegal acts.
These factors lead to an increase in the number of funds from bank cards committed using ICT. In this regard, the legislator corrects and supplements the norms of the criminal law in order to clarify and optimize existing regulatory methods for the prevention of this type of crime. At the same time, to date, there is no certainty in law enforcement practice: according to which article of the Criminal Code of the Russian Federation (hereinafter – the Criminal Code of the Russian Federation) the deed should be qualified, within the framework of which structure a selfish gratuitous encroachment on citizens’ money from banking products withdrawn using ICT is carried out. The differentiation of illegal acts by open (explicit) and implicit theft of non-cash funds raises the question. All this generates a scientific discussion and causes difficulties in law enforcement practice in bringing criminals to justice for stealing money from bank cards using ICT.
Keywords: electronic resources, information and communication technologies, money, malware, remote access, computer information, information networks, unauthorized access, criminal activity, “phishing”, theft from bank cards.
Bibliographic list of articles
1. Bordakova A. G., Dimoksyan A. A. Problems of using modern information and technical means for integrating special knowledge in the development and improvement of expert research in law enforcement // All-Russian student Lomonosov readings. Collection of articles of the II All-Russian Scientific and Practical Conference. – Petrozavodsk, 2022. – pp. 11-17.
2. Demenkov V. A., Alekhin V. P. Fraud in the field of computer information: on the issue of qualification and application of Art. 159.6 of the Criminal Code of the Russian Federation // Trends and developments of science and education. – 2023. – No. 104-8. – pp. 130-132.
3. Ishmeeva A. S., Gubaidullina I. N. Phishing as a method of stealing funds from bank accounts // Institutions and mechanisms of innovative development: world experience and Russian practice. Collection of articles of the 11th International Scientific and Practical Conference. – Volume 1. – Kursk, 2021. – P. 185-188.
4. Kalentyeva T. A., Mastyaev D. S. The use of digital technologies at the initial stage of crime investigation // Development of science and practice in a globally changing world under risk conditions. collection of materials from the IX International Scientific and Practical Conference. – Moscow, 2022. – pp. 86-89.
5. Maloletko N. E., Vorobyova T. I., Markin E. O. Classic phishing attacks, viruses and Trojan horses as threats to the economic security of enterprises // Current problems and prospects for economic development: Russian and foreign experience. – 2017. – No. 12. –P. 48-51.
6. Rad K. A. Problems of qualifying the theft of non-cash funds using someone else’s bank card // Theory of law and interstate relations. – 2021. – T. 1. No. 3 (15). – pp. 116-121.
7. Ryabinina T.K., Ryapolova Ya.P., Chistilina D.O. Current problems of identifying and investigating remote thefts from a bank account // Bulletin of the Belgorod Legal Institute of the Ministry of Internal Affairs of Russia. – 2023. – No. 4. – P. 31-37.
8. Suvorova M. A. Features of initiating a criminal case on the fact of theft of funds from bank cards // Law enforcement function of the state: current issues of history, theory and law enforcement practice. Materials of scientific and representative events. – Moscow, 2022. – pp. 255-257.
9. Torop S.S. Problems of qualifying theft of funds using bank cards: current state // Russian science: current research and development. Collection of scientific articles of the XIV All-Russian Scientific and Practical Conference. – Samara, 2022. – pp. 400-404.
10. Shakhov N. A. Prevention of theft of funds from bank cards // Culture of information security: challenges of the time. Materials of the XIV International Scientific and Practical Conference of Students, Postgraduate Students and Young Scientists. – Moscow, 2024. – pp. 86-90.
CRIMINAL LAW
MIKHAYLOVA Irina Anatoljevna
Ph.D. in Law, associate professor, professor of Criminal law disciplines sub-faculty of the I. D. Putilin Belgorod Law Institute of the MIA of Russia
IBODOV Ruslan Nutfullaevich
the commander of the platoon of the PPSP LO of the MIA of Russia of the Moscow-Savelovskaya station of the MIA of Russia in the Central Federal District
TOPICAL ISSUES OF COUNTERING TRANSNATIONAL CRIME IN THE RUSSIAN FEDERATION
The article discusses some directions for improving the criminal policy of the Russian Federation in the field of countering transnational crime, in particular, by expanding the list of articles on crimes of a terrorist and extremist nature. An important area of criminal policy is the fight against organized and corruption crime. The authors note that the prevention of transnational crime, due to a number of objective reasons, is carried out by law enforcement agencies mainly through the use of their own national resources, which is one of the most important problems of the modern criminal policy of the Russian Federation.
Keywords: transnational crime; fighting crime; criminal policy; organized crime corruption-related crimes.
Bibliographic list of articles
1. Dadalko V. A., Pobedushkina V. A. Methods of counteracting transnational crime in Russia // Academic Council. – 2020. – No. 10. – P. 18-25.
2. Statistics of preliminary investigations of particularly serious crimes committed by an organized group. [Electronic resource]. – Access mode: http://crimestat.ru/offe№ses_chart (access date: 05/17/2023).
3. Statistics on corruption in 2022: All-Russian public organization for promoting the implementation of civil anti-corruption initiatives “Commission for Combating Corruption.” [Electronic resource]. – Access mode: https://clck.ru/34ESXY (date of access: 05.18.2023).
4. Russia set a record for the number of corruption crimes. [Electronic resource]. – Access mode: https://lenta.ru/news/2021/08/30/record/ (yesdate of appeal: 05/18/2023).
5. The prosecutor’s office estimated the damage from corruption in 2022 at more than 37 billion rubles. [Electronic resource]. – Access mode: https://www.rbc.ru/society/09/12/2022/639296d89a7947dce491f2f5 (access date: 05/18/2023).
6. Dynamics of crimes under Art. 290 of the Criminal Code of the Russian Federation (taking a bribe) in the Russian Federation for 2014-2021. according to the General Prosecutor’s Office of the Russian Federation. [Electronic resource]. – Access mode: http://crimestat.ru/ (date of access: 05/19/2023).
7. International cooperation in the fight against transnational organized crime. [Electronic resource]. – Access mode: https://www.mid.ru/ru/foreign_policy/international_safety/crime/1848385/ (date of access: 03/10/2024).
CRIMINAL LAW
MURTAZIN Artur Ilgamovich
Deputy Head of Fire and tactical special training sub-faculty of the Ufa Law Institute of the MIA of Russia
BULATOV Denis Valerjevich
lecturer of Fire and technical training sub-faculty of the Barnaul Law Institute of the MIA of Russia
PLATONOV Leonid Alexeevich
senior lecturer of Fire preparation sub-faculty of the Siberian Law Institute of the MIA of Russia, Krasnoyarsk
FEATURES OF INVESTIGATION AND DISCLOSURE OF CRIMES RELATED TO ILLICIT DRUG TRAFFICKING
This article examines the main trends related to the methods of investigation and disclosure of crimes related to illicit trafficking in narcotic drugs, psychotropic substances and their analogues, examines the regulatory framework that allows to bring persons to criminal responsibility, as well as the methods and mechanism of committing this group of crimes, on the basis of which specific features are considered, related to the production of investigative actions.
Keywords: narcotic drugs and psychotropic substances, crime investigation, inspection of the scene, investigative actions.
Bibliographic list of articles
1. Portal of legal statistics of the Prosecutor General’s Office of the Russian Federation. [Electronic resource]. – Access mode: http://crimestat.ru/
2. Kontemirova Yu. V. Organization and tactics of conducting operational search activities to identify and disclose facts of illegal sale of narcotic drugs and psychotropic substances at the present stage of the fight against crime // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2014. – No. 4 (19).
3. Kustov A.M., Murzagalieva O.K., Shimanovskaya K.E. Typical information about the identity of a criminal during the investigation of crimes committed in the sphere of drug trafficking // Advances in chemistry and chemical technology. – 2017. – No. 7 (188).
4. Kuzmichev Yu. V. Features of the application of a preventive measure in the form of a prohibition of certain actions under the Russian Criminal Procedure Law // Current problems of science and practice in the research of young scientists: Collection of articles based on the results of the All-Russian Scientific and Practical Conference, Nizhny Novgorod, November 14, 2019 of the year. – Nizhny Novgorod: Nizhny Novgorod Academy of the Ministry of Internal Affairs of the Russian Federation, 2020. – P. 149-153. – EDN SHOGKE.
5. Muzafin R.R. Tactical methods of interrogating a suspect and accused to give truthful testimony // Current problems of the state and society in the field of ensuring the rights and freedoms of man and citizen. – 2021. – No. 1. – P. 206-209. – EDN QFKGBJ.
6. Romanov R. A., Gorbacheva E. V. Features of interrogation on crimes related to illegal drug trafficking // Universum: economics and jurisprudence. – 2023. – No. 5 (104).
CRIMINAL LAW
MUGINOVA Zulfiya Radikovna
senior lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia, lieutenant colonel of police
CONDITIONS FOR THE LEGALITY OF CAUSING HARM WHEN DETAINING A PERSON WHO COMMITTED A CRIME
The Russian Federation has embarked on the path of democratic transformations that affected the sphere of the individual, society and state. Such transformations are unthinkable without improving measures to combat crime, which poses a threat to the social system of the state, as well as to every citizen living in the country. Despite the attempts made by the Ministry of Internal Affairs of the Russian Federation to improve the crime situation through the development and adoption of various government programs, the number of crimes committed that create danger for the citizens of the country has not decreased over time. One of the effective means of identifying criminals and bringing them to criminal responsibility is detention. This article analyzes the conditions for the legality of causing harm during the detention of a person who has committed a crime. Compliance with these conditionstions is the basis for recognizing the act as a circumstance excluding the criminality of the act.
Keywords: detention, criminal, crime, causing harm, legality of harm.
Bibliographic list of articles
1. Kulikov S. Causing harm during the detention of a criminal // Soviet justice. –1981. – No. 22. – P. 14-17.
2. Nikulenko A. V. Conditions for the legality of causing harm during the detention of a person who has committed a crime in domestic and foreign criminal legislation // Bulletin of St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2009. – No. 2. – P. 19-21.
3. Tkachenko V.I. Responsibility for harm caused during the detention of a criminal // Social legality. – 1970. – No. 8. – P. 37-42.
4. Chulyukov O. O. Conditions for the legality of causing harm during the detention of a person who has committed a crime // Young scientist. – 2019. – No. 16 (254). – pp. 146-149.
5. Shavgulidze T. The right of citizens to detain a criminal should be regulated by law // Soviet justice. – 1966. – No. 2. – P. 9-16.
CRIMINAL LAW
NESTERENKO Andrey Vladimirovich
Deputy Head of Law enforcement organization sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia
ON THE ISSUE OF THE IDEOLOGY OF TERRORISM AND WAYS TO COUNTER IT
The article discusses the concept of the ideology of terrorism and ways to counter it. The author concludes that the formation of the ideology of terrorism is influenced by extremist, radical or fanatical views that call for struggle, destruction or seizure of power. Countering this ideology requires a comprehensive approach that includes education, the promotion of peaceful values, strengthening the legal system, developing international cooperation and raising public awareness of the signs and consequences of terrorism.
Keywords: terrorism, ideology of terrorism, terrorist activities, terrorist organizations, prevention of terrorism.
Bibliographic list of articles
1. Pochebut L. G. Psychology of terrorism // Bulletin of St. Petersburg University. – 2005. – No. 3.
2. Aripshev A. M. Ways to counter terrorism and violent extremism: a priority direction for ensuring national security // Journal of Applied Research. – 2022. – No. 2.
3. Alferova E. V. Legal foundations of the fight against terrorism in the European Union // Current problems of Europe. – 2021. – No. 4 (112).
4. Margiane A.L. The concept and main signs of terrorism // Novaum. – 2017. – No. 7.
5. Bondar B. A. Organizational and legal basis for the participation of internal affairs bodies in the national system of countering terrorism // Bulletin of Science. – 2020. – T. 4. – No. 2.
6. Chernova E. R. Methods of combating terrorism in the Russian Federation // Alley of Science. – 2017. – T. 5. – No. 16.
7. Boldyrev S.V. International legal regulation of countering terrorism // Military law. – 2022. – No. 2 (72).
CRIMINAL LAW
OSADCHAYA Natalya Georgievna
Ph.D. in Law, associate professor, associate professor of Criminal law sub-faculty of the Rostov branch of the Russian State University of Justice
EXEMPTION FROM CRIMINAL LIABILITY AND PUNISHMENT OF CONTRACTS AND CONTRACTORS DURING MOBILIZATION OR WARTIME: ISSUES OF LEGAL REGULATION
This article is devoted to the analysis of the basis and conditions for exemption from criminal liability and punishment during the period of mobilization or during hostilities, persons who are subject to the provisions of Art. 78.1 and 80.2 of the Criminal Code of the Russian Federation. The article provides an interpretation of the terms used by the legislator in the analyzed articles, clarifies the moment of the end of the criminal prosecution of persons released under these articles, and raises the problems of limiting the scope of the articles 78.1 and 80.2 of the Criminal Code of the Russian Federation.
Keywords: release, criminal liability, punishment, mobilization, wartime.
Bibliographic list of articles
1. Federal Law of March 23, 2024 No. 64-FZ “On Amendments to the Criminal Code of the Russian Federation and the Criminal Procedure Code of the Russian Federation” // Collection of Legislation of the Russian Federation.” – 03.25.2024. – No. 13. – Art. 1687
2. Marina Nagornaya. Will persons who entered into a contract with the RF Armed Forces during the SVO period be exempt from criminal liability? // Lawyer’s newspaper – March 15. – 2024. – No. 3. [Electronic resource]. – Access mode: https://www.advgazeta.ru/novosti/litsa-zaklyuchivshie-kontrakt-s-vs-rf-v-period-svo-budut-osvobozhdeny-ot-ugolovnoy-otvetstvennosti/ (date of access: 23.04. 2024).
3. DecreePresident of the Russian Federation dated September 21, 2022 No. 647 “On the announcement of partial mobilization in the Russian Federation” // SZ RF. – 09.26.2022. – No. 39. – Art. 6590.
4. Zagvozdkin N. N., Korshikova E. O. Federal Law of June 24, 2023 No. 270-FZ “On the peculiarities of criminal liability of persons involved in participation in a special military operation”: notes in the margins // Education. The science. Scientific personnel. – 2023. – No. 4. – P. 101-105.
5. Mozhaiskaya L. A. Special norm on exemption from criminal liability of participants in a special military operation // Law and Law. – 2023. – No. 11. – P. 240-242.
6. The Duma adopted in the third reading the law on the release of conscripts from criminal liability // Interfax. – June 20. – 2023. [Electronic resource]. – Access mode: https://www.interfax.ru/russia/908205 (date of access: 04/23/2024).
CRIMINAL LAW
RADCHENKO Olga Viktorovna
Ph.D. in Law, associate professor, associate professor of Criminal law sub-faculty of the Institute of Law of the Irkutsk State University
SMOLYANINOVA Diana Viktorovna
magister student of the 2nd course of the Institute of Law of the Irkutsk State University
SUFFERING AS A RESULT OF EXTREME CRUELTY DURING THE COMMISSION OF CRIMES: HISTORICAL AND LEGAL ANALYSIS
The article discusses a problematic issue related to the definition of such a result of the manifestation of special cruelty by criminals when committing an act provided for by the norms of the Criminal Code of the Russian Federation as suffering. The position of considering suffering as a result of particularly cruel behavior in the commission of crimes is substantiated. Also within the framework of this article, the results of the historical development of this assessment category are reflected. Based on a study of legal literature and law enforcement practice, its essence and distinctive features are revealed. The author proposes to consolidate the analyzed provisions at the level of explanations of the highest court – in the resolution of the Plenum of the Supreme Court of the Russian Federation, dedicated to the interpretation of special cruelty.
Keywords: cruelty, special cruelty, criteria for special cruelty, qualified sign of a crime, suffering, torment.
Bibliographic list of articles
1. Seregina E. V., Casanova T. A. Difficulties of criminal legal assessment of the signs of crimes committed with extreme cruelty // International Journal of Humanities and Natural Sciences. 2018. No. 5. P. 271-274.
2. Russian legislation of the 10th-20th centuries: in 9 volumes. Legislation of Ancient Rus’. M.: Legal. lit., 1984. T. 1. 432 pp.
3. Russian legislation of the 10th-20th centuries: in 9 volumes. Judicial Reform. M.: Legal. lit., 1984. T. 8. 496 pp.
4. Code of criminal laws. SPb.: In the printing house of the II Department of His Imperial Majesty’s Own Chancellery. 560 pp.
5. Tagantsev N. S. Code of Criminal and Correctional Punishments 1885 St. Petersburg, 1910. 1114 p.
6. Collection of documents on the history of criminal legislation of the USSR and the RSFSR 1917-1952. M.: State Publishing House of Legal Literature, 1953. 460 pp.
7. Criminal Code of the RSFSR of June 1, 1922. Lost force // RF SU. 1922. No. 15. Art. 153.
8. Criminal Code of the RSFSR of October 27, 1960 No. 63-FZ. Lost power. // NW RF. 1996. No. 25. Art. 2954.
9. Criminal Code of the Russian Federation of June 13, 1996 No. 63-FZ (as amended on March 18, 2023) // SZ RF. 1996. No. 25. Art. 2954.
10. Resolution of the Plenum of the Supreme Court of the Russian Federation of January 27, 1999 “On judicial practice in murder cases (Article 105 of the Criminal Code of the Russian Federation)” // Bulletin of the Supreme Court of the Russian Federation. 1999. No. 3. P. 3.
11. Resolution of the plenum of the Supreme Court of the Russian Federation dated December 4, 2014 No. 16 “On judicial practice in cases of crimes against sexual integrity and sexual freedom of the individual” // Bulletin of the Supreme Court of the Russian Federation. 2015. No. 2. P. 3.
12. Ivasenko N.R. The concept of “special cruelty” in Russian criminal law // Young scientist. 2021. No. 7. P. 110-112.
13. Menshikova A.G. Suffering as a result of the manifestation of special cruelty during the commission of a crime // Russian legal journal: application. 2017. No. 6. P. 91-96.
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
SOME QUESTIONS OF QUALIFICATION OF ONGOING CRIMES AGAINST SEXUAL INTEGRITY
In the article, taking into account the clarifications set out in the resolutions of the Plenum of the Supreme Court of the Russian Federation dated 12.12.2023 No. 43 “On certain issues of judicial practice in criminal cases of ongoing and ongoing crimes” and dated 12/04/2014 No. 16 “On judicial practice in cases of crimes against sexual integrity and sexual freedom of the individual”, as well as taking into account the established law enforcement practice and scientific views on the qualification of crimes committed against two or more persons, a legal assessment of possible qualification options is given, taking into account certain circumstances, and the issue of personal protection is also raised from the standpoint of the principle of justice with the established position on criminal liability of persons who infringe on sexual integrity.
Keywords: crime, punishment, justice, qualification of crimes, ongoing crime, crime against two or more persons, crimes against sexual integrity, lewd acts.
Bibliographic list of articles
1. Gusarova M.V. Issues of qualification of crimes against sexual integrity and sexual freedom of the individual // Bulletin of the Krasnodar University of the Ministry of Internal Affairs of Russia. – 2020. – No. 2 (48). – pp. 34-38.
2. Akieva D. Yu. Qualifying feature of “two or more persons”: controversial issues of interpretation // Criminal policy and law enforcement practice: Collection of materials of the IX International Scientific and Practical Conference, St. Petersburg, March 11, 2022 / Under the general editorship of E. N. Rakhmanova. – St. Petersburg: Center for Scientific and Information Technologies “Asterion”, 2022. – pp. 64-70.
3. Magomedov G. B., Dzhamalova B. B. Problems of qualification of ongoing and ongoing crimes in the context of the Resolution of the Plenum of the Supreme Court of December 12, 2023 No. 43 “On some issues of judicial practice in criminal cases of ongoing and ongoing crimes” // Law and state: theory and practice. – 2024. – No. 1 (229). – pp. 265-268.
4. Korotkikh N. N. Problems of qualification of crimes committed against two or more persons // Legal science. – 2016. – No. 1. – P. 86-91.
CRIMINAL LAW
CHEREPNENKO Elena Alexandrovna
Ph.D. in Law, senior lecturer of Criminal law and criminology sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, Simferopol
GENERAL CHARACTERISTICS OF LATENT CRIME AND THE MAIN METHODS OF ITS ASSESSMENT
In the article, the author draws attention to the multiple definitions of latent crime, which are described in doctrinal sources and identifies the main individual elements and signs of latent crime. The paper considers certain types of latent crime, taking into account which it is possible to build a fight against the definition under study on the principles of individuality. A separate aspect considers the characteristics of certain types of latent crime, which can be used to study and analyze the crime rate in society and the effectiveness of law enforcement agencies. The paper formulates the main components of latent crime as a category in criminology and the methods used to assess the level of latent crime and to develop measures to reduce it.
Keywords: law enforcement agencies, latent crime, types of latent crime, punishment, crime prevention.
Bibliographic list of articles
1. Kaziev A. Z., Karaeva L. Kh. Difficulties in identifying latent crime // Magistracy Bulletin. 2019. No. 5-5 (92). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/slozhnosti-vyyavleniya- latentnoy-prestupnosti
2. Avanesov G. A., Inshakov S. M., Antonyan E. A. [et al.] Criminology: textbook / Ed. G. A. Avanesova. – 7th ed., revised. and additional Moscow: Unity-Dana, 2020. 449 p.
3. Antonyan E. A., Kirillov S. I., Kiryukhin A. B. [et al.] Criminology and crime prevention: textbook. Moscow: Unity-Dana, 2020. 335 p.
4. Arzamasov V. Yu. Latent crime: concept, inhomogeneous nature, preventive measures // Vestnik VSU. Series: Law. 2022. No. 1 (48).
5. Toropin Yu. V. Latent crime: concept, essence and structure // Proceedings of the Academy of Management of the Ministry of Internal Affairs of Russia. 2011. No. 2 (18)
6. Criminology and crime prevention: textbook / Team of authors; under general ed. V. I. Gladkikh. M.: JUSTICE, 2019. P. 45.
7. Inshakov S. M. Latent crime as an object of research // Materials of the round table held by the Research Institute of the Academy of the General Prosecutor’s Office of the Russian Federation on the topic “Research of latent crime” on April 21. M., 2010. P. 6-13.
8. Kazantsev S. Ya., Eriashvili N. D., Shevko N. R. [et al.] Legal statistics: textbook / Ed. S. Ya. Kazantseva, S. M. Inshakova. – 4th ed., revised. and additional Moscow: Unity-Dana: Law and Law, 2021. 367 pp.
9. Kuzmina N.V. Criminology: textbook for undergraduate studies: [16+]. Moscow; Berlin: Direct-Media, 2020. 344 p.
10. Kurganov S.I. Criminology: textbook. – 4th ed., revised. and additional Moscow: Unity-Dana: ZakoN and Law, 2017. 184 p.
11. Plyaskina K. S. Causes of latent crime // Questions of science and education. 2017. No. 6 (7).
12. Kaiser G. Criminology. Introduction to the basics. M., 1979. pp. 178-179.
13. Kurnikov V. A. Causes and conditions of artificial latency of penitentiary crime // Gaps in Russian legislation. 2011. No. 2.
CRIMINAL LAW
VASILJEVA Darya Vladimirovna
assistant of Foreign law and comparative law sub-faculty of the Institute of Law of the Siberian Federal University, Krasnoyarsk
PROBLEMS OF DETERMINING OBJECTIVE SIGNS OF ILLEGAL ACTIONS IN BANKRUPTCY
The article deals with the problem of applying the corpus delicti provided for in Article 195 of the Criminal Code of the Russian Federation, which is caused by an ambiguous understanding of the objective side. The context of the commission of this crime is the presence of signs of bankruptcy. However, with this formulation, the boundaries of the period during which signs of bankruptcy occur are not clear. In addition, the scope of the disposition of Article 195 of the Criminal Code of the Russian Federation leads to a confusion of the terms “concealment”, “transfer”, “alienation” of property. It is proposed to distinguish these concepts based on the grounds discovered. Due to the difficulty of understanding the objective side of the composition and the lack of clear criteria in the legislation, judicial practice rarely uses the norm of misconduct in bankruptcy.
Keywords: insolvency (bankruptcy), illegal actions in bankruptcy, signs of bankruptcy, crime situation, objective side, concealment of property, transfer of property, alienation of property, improvement of criminal legislation.
Bibliographic list of articles
1. Zhuravleva E. N. Criminal bankruptcy: criminal legal characteristics and qualification issues: Dis. …cand. legal Sci. – Omsk, 2006.
2. Mikhalev I. Yu. Criminal bankruptcy: monograph. – St. Petersburg: Legal. Center Press, 2001.
3. Pestereva Yu. S., Rozhkova O. I., Shaglanova A. N. Criminal liability for illegal actions in bankruptcy: current state, problems and ways to solve them // Siberian Legal Review. – 2022. – No. 4. – P. 407-418.
4. Summary statistical information on the activities of federal arbitration courts for 2022. [Electronic resource]. – Access mode: http://www.cdep.ru/index.php?id=79&item=7650 (date of access: 04/10/2024).
5. Subachev A.K. Problems of establishing the situation of committing illegal actions during bankruptcy // Current problems of Russian law. – 2021. – No. 1. – P. 120-127.
6. Criminal law of the Russian Federation. Special part: Textbook / Ed. L. V. Inogamova-Khegai, A. I. Raroga, A. I. Chuchaeva. – M.: CONTRACT, INFRA-M, 2009.
7. Criminal proceedings. Data on the imposed punishment under articles of the Criminal Code. Judicial statistics of the Russian Federation. [Electronic resource]. – Access mode: http://stat.api-press.rf/stats/ug/t/14/s/17 (date of access: 04/10/2024).
8. Khristenko E.V. Evaluation criteria and qualification of illegal actions in bankruptcy (Part 1 of Article 195 of the Criminal Code of the Russian Federation) // Lawyer. – 2012. – No. 11. – P. 15-18.
9. Shishko I.V. Unlawful actions in bankruptcy (Article 195 of the Criminal Code of the Russian Federation) // Laws of Russia: experience, analysis, practice. – 2011. – No. 7. – P. 41-47.
10. Yani P. S. Criminal bankruptcy: intentional and fictitious bankruptcy // Legislation. – 2000. – No. 3. – P. 62-70.
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
THE ESSENCE AND PRINCIPLES OF CRIMINAL LAW POLICY IN THE FIELD OF PROTECTION OF THE FOUNDATIONS OF THE CONSTITUTIONAL SYSTEM OF THE RUSSIAN FEDERATION
In the content of this scientific article, the author examines the essence of criminal law policy in the field of protection of the foundations of the constitutional system, analyzes its basic principles. At the end of the preparation of this scientific study, the author formulated his own vision of the essence of criminal law policy in the field of protection of the foundations of the constitutional system, which is currently being implemented on the territory of the Russian Federation.
Keywords: criminal law policy, foundations of the constitutional system, the essence of criminal law policy, principles of criminal law policy, protection of the foundations of the constitutional system.
Bibliographic list of articles
1. Vikhrov A. A. Criminal policy of Russia: theory and practice. Monograph. – St. Petersburg: Yurayt, 2022. – 410 p.
2. Lopashenko N. A. Criminal policy. – Moscow: Wolters Kluwer, 2019. – 244 p.
3. Shestakov D. A. Terrorism and terror: a view from the position of political criminology. – St. Petersburg: St. Petersburg University of the Ministry of Internal Affairs of Russia, 2019. – 330 pp.
CRIMINAL LAW
KORCHAGIN Anatoliy Georgievich
Ph.D. in Law, associate professor, Acting Head of Competition and business law sub-faculty of the Law School of the Far Eastern Federal University, Vladivostok
MOZHENKO Nikita Sergeevich
student of the Law School of the Far Eastern Federal University, Vladivostok
RESTRICTION OF COMPETITION: ELEMENTS AND SIGNS
The relevance of the topic is due to the fact that there is no unified approach in determining the criminal-legal signs of restriction of competition. In this regard, theoretical and practical positions are analyzed. As a result, it is possible to develop certain positions concerning the topic being studied, as well as some problems. The authors emphasize some gaps that require further regulation.
Keywords: restriction of competition, competition, elements of a crime, cartel, competition law, criminal law.
Bibliographic list of articles
1. Korchagin A. G., Ivanov A. M. Competition policy and legal regulation of antimonopoly relations in Russia // Law and Politics. – 2013. – No. 5 (161). – pp. 608-615.
2. Danilovskaya A.V. Competition as an object of criminal law protection // Lex Russica. – 2020. – No. 2 (159). – pp. 75-91.
3. Tenishev A. Cartel cases: results of 2014 // Competition and law. – 2014. – No. 6. – P. 22-23.
4. Sokolovskaya E. Problems of qualification of anti-competitive agreements // Competition and law. – 2011. – No. 3. – P. 15-18.
5. Shishko I.V., Derevyagina O.E. Criminal restriction of competition (Part 1 of Article 178 of the Criminal Code of the Russian Federation): signs of the objective side // All-Russian Criminological Journal. – 2017. – No. 3. – P. 551-561.
6. Maksimov S. V. Head policy in the field of competition protection: goals and opportunities / S. V. Maksimov, K. A. Utarov; edited by L.E. Mideli, V.P. Zavarukhina. – M.: IPRAN RAS, 2018. – 80 p.
7. Shishko I.V., Derevyagina O.E. Subject of the conclusion of an agreement limiting competition (cartel) // Bulletin of Omsk State University. – Right. – 2014. – No. 1 (38). – pp. 173-180.
8. Derevyagina O. E. On the interpretation of some signs of criminal restrictions on competition // Law and Politics. – 2021. – No. 7. – P. 48-58.
CRIMINAL LAW
KOSTENKO Alla Igorevna
postgraduate student of Criminal law sub-faculty of the Volgograd State University
COERCIVE MEASURES RELATED TO THE RESTRICTION OF LIBERTY UNDER FOREIGN LEGISLATION AND LEGAL MEANS TO ENSURE THEIR ENFORCEMENT: COMPARATIVE LEGAL ANALYSIS AND PROSPECTS FOR RECEPTION BY THE RUSSIAN LEGISLATOR
The article is devoted to a comprehensive study of coercive measures related to the restriction of liberty abroad. The main aspects of the content of these measures in various countries have been studied and systematized, and the legal means to ensure their implementation have been considered. A legal comparative analysis of various models of restriction of liberty in world practice is carried out. Based on the analysis of the enforcement of coercive measures under foreign legislation and the identified problems, the conclusion is substantiated that it is necessaryto amend the current criminal and penal enforcement legislation of Russia in order to increase the effectiveness of the appointment and application of coercive measures related to restriction of liberty.
Keywords: restriction of liberty, coercive measures, criminal punishment, criminal law, supervision, penal inspection, forced labor.
Bibliographic list of articles
1. Babkina E. V. Formation of the US probation service // The penal system at the present stage, taking into account the implementation of the Concept for the development of the penal system of the Russian Federation for the period until 2030: Collection of abstracts of speeches and reports of participants in the International Scientific and Practical Conference on Problems execution of criminal penalties, Ryazan, November 17-18, 2022.
2. Barabanov N. B. Tracking and face recognition systems as a tool for operational identification of a person // Current problems in the fight against crimes and other offenses. – 2021. – No. 21-1.
3. Boyko S. B. Restriction of freedom as a type of punishment in Russian criminal law: dis. …cand. legal sciences. Specialty: 12.00.08 / Svetlana Borisovna Boyko. – Rostov-on-Don, 2001.
4. Vasiliev K. A. Probation service in the USA // Bulletin of a young scientist of the Kuzbass Institute: collection of scientific articles. Volume Issue 7. – Novokuznetsk: Kuzbass Institute of the Federal Penitentiary Service, 2021.
5. Grushin F.V., Lyadov E.V. Restriction of freedom as a criminal punishment in Russia, Belarus and Kazakhstan // Legal Bulletin of the DSU. – 2020. – T. 35. No. 3.
6. Musali Nuradel. Restriction of freedom as a type of punishment under the criminal law of the Republic of Kazakhstan: theoretical and practical problems // Gaps in Russian legislation. – 2022. – T. 15. No. 5.
7. Sokolov I. V. Restriction of freedom as a type of criminal punishment / Ed. M. B. Kostrova. – M., 2013.
8. Tsakhuev A.V. Information from mobile devices as a source of evidence in the investigation of the participation of citizens of the Russian Federation in illegal armed groups on the territory of a foreign state // Legal Bulletin of the DSU. – 2019. – T. 30. No. 2.
9. Shabanova V. B., Budanova D. Yu. Foreign experience in the execution of sentences to condemn a person to punishment without isolation from society // Theoretical and practical problems of development of the penal system in the Russian Federation and abroad: Collection of abstracts of speeches and reports of participants International scientific and practical conference. In 2 volumes, Ryazan, November 28-29, 2018. Volume 1. – Ryazan: Academy of Law and Management of the Federal Penitentiary Service, 2018.
CRIMINAL LAW
LUKYANOV Saveliy Andreevich
magister student of the Institute of Law of the Siberian Federal University, Krasnoyarsk
MISAPPROPRIATION OR EMBEZZLEMENT USING A PERSON’S OFFICIAL POSITION: QUALIFICATION MISTAKES
Judicial practice often makes mistakes in the application of Part 3 of Article 160 of the Criminal Code of the Russian Federation on the basis of the use by a person of his official position. This paper analyzes the errors of regional courts when considering cases of misappropriation or embezzlement with the use of a person’s official position, identifies the most frequent errors and offers recommendations to avoid them.
Keywords: embezzlement, misappropriation and defalcation, official position, administrative and economic functions, post, sentence.
Bibliographic list of articles
1. Judicial Department of the Supreme Court of the Russian Federation: official website. – [Electronic resource]. – Access mode: https://goo.su/Sb9NS (date of access: 05/10/2024).
2. Supervisory ruling of the Supreme Court of the Russian Federation dated February 27. 2008 No. 11-D08-1.” – [Electronic resource]. – Access mode: Access from directory. – legal system “Consultant Plus” (date of access: 05/10/2024).
3. Criminal Code of the Russian Federation dated 06/13/1996 No. 63-FZ (as amended on 08/04/2023) // SPS Consultant Plus (date of access: 05/10/2024).
4. Resolution of the Plenum of the Supreme Court of the Russian Federation dated November 30, 2017 No. 48 “On judicial practice in cases of fraud, misappropriation and embezzlement.” – [Electronic resource]. – Access mode: https://707.su/OW4 (date of access: 05/10/2024).
5. Verdict of the Zelenogorsk City Court of the Krasnoyarsk Territory dated December 17, 2012 No. 1-268/2012. – [Electronic resource]. – Access mode: https://707.su/uOv (date of access: 05.10.2024).
6. Verdict of the Zelenogorsk City Court of the Krasnoyarsk Territory dated May 27, 2015 in case No. 1-88/2015. – [Electronic resource]. – Access mode: https://goo.su/o0lMPJg (date of access: 05/10/2024).
7. The verdict of the Lesosibirsk City Court of the Krasnoyarsk Territory dated October 3, 2016 in case No. 1-332/2016. – [Electronic resource]. – Access mode: https://707.su/TrJ (date of access: 05/10/2024).
8. Ruling of the Third Court of Cassation of General Jurisdiction in case No. 77-380/2021 dated 02/11/2021. – [Electronic resource]. – Access mode: https://707.su/7Rx (date of access: 05/10/2024).
9. The verdict of the Emelyanovsky District Court of the Krasnoyarsk Territory dated May 26, 2015 in case No. 1-153/2015. – [Electronic resource]. – Access mode: https://707.su/dqi (date of access: 05/10/2024).
10. Boytsov A.I. Crimes against property. – St. Petersburg: Publishing house “Legal Center Press”, 2010. – 775 pp.
11. Krieger G. A. Qualification of theft of socialist property. – M.: Publishing house “Legal Literature”, 1971. – 336 p.
12. Verdict of the Lesosibirsk City Court of the Krasnoyarsk Territory dated September 27, 2013 in case No. 1-394/2013. – [Electronic resource]. – Access mode: https://707.su/Ugn (date of access: 05/10/2024).
13. The verdict of the Emelyanovsky District Court of the Krasnoyarsk Territory dated 02/07/2017 in case No. 1-348/2016. – [Electronic resource]. – Access mode: https://lyl.su/nDw (date of access: 05/10/2024).
14. Letter of Rostrud dated October 31, 2007 No. 4412-6 “On the procedure for making changes to job descriptions of employees.” – [Electronic resource]. – Access mode: Access from the legal reference system “Consultant Plus” (date of access: 05/10/2024).
CRIMINAL LAW
KIRILLOV Igor Alexandrovich
Ph.D. in Law, docent, Professor of the Department of Criminal Law and Criminology of the Siberian law Institute of the Ministry of internal Affairs of Russia (Krasnoyarsk)
STUPINA Svetlana Aleksandrovna
Ph.D. in Law, docent, Asssistant Professor of Forensic Science Department Siberian Fire and Rescue Academy EMERCOM of Russia (Zheleznogorsk)
CERTAIN ISSUES OF QUALIFICATION OF ASSISTANCE TO TERRORIST ACTIVITIES
The article considers certain issues on the qualification of crimes provided for in Article 205.1 of the Criminal Code of the Russian Federation. Attention is focused on the establishment of such signs of the objective side of these compositions as declination, recruitment and involvement. The individual subjective signs necessary for the qualification of such actions, depending on the method of their commission, are investigated. In addition, the authors raised the question of the rules of qualification for the involvement of a certain group of persons in the commission of terrorist crimes.
Keywords: crime, terrorism, crimes of a terrorist orientation, persuasion, recruitment, involvement, a set of crimes.
Article bibliography
1. Abdulatipov, A. M. Problems of criminal-legal regulation of responsibility for assisting terrorist activity / A. M. Abdulatipov // Legal Bulletin of Dagestan State University. – 2021. – Vol. 38, No. 2. – Pp. 108-114.
2. Conclusion on the draft federal law No. 97528-3 “On Amendments and Additions to the Legislative Acts of the Russian Federation” (11273930.163 11/27/01); Conclusion on the draft federal law No. 97528-3 “On Amendments to the Legislative Acts of the Russian Federation) and the draft resolution of the State Duma on its adoption in the second reading (06053335.163 07/06/2022). – URL: https://sozd.duma.gov.ru/bill/97528-3. (Accessed on 10.06.2024).
3. Panina, Yu. A. The relationship between the terms “instigator” and “inducement” (using Article 205.1 of the Criminal Code of the Russian Federation as an example) / Yu. A. Panina // Current issues in the development of modern society: Collection of scientific articles. – Kursk: South-West State University, 2020. – P. 61-64.
4. Brilliantov, A. Issues of complicity in the qualification of assistance to terrorist activity / A. Brilliantov // Criminal law. – 2008. – No. 3. – P. 25-30. P. 26.
CRIMINAL LAW
CHIGRINA Olesya Ruslanovna
postgraduate student of the University of the Prosecutor’s Office Russian Federation
ON THE ISSUE OF DETERMINING THE TRUE INDICATORS OF IMPROPER PROVISION OF MEDICAL CARE TO A PATIENT AS A CONDITION FOR THE CRIMINALIZATION OF THE CRIME OF THE SAME NAME
Currently, in all countries of the globe, the problem of inadequate provision of medical care to the patient persists, which does not decrease even under the influence of high technologies and modern diagnostic and treatment methods (for example, telemedicine, laser therapy , etc.) and which is focused within a larger a negative phenomenon in the healthcare system – iatrogeny, namely, facts of the doctor introducing an additional reason for the unfavorable outcome of his course for the patient (in addition to his own – the existing disease, disorder or pathological condition).
In this regard, in the Russian Federation there is an urgent need to adopt a Federal Law on apologies in relation to victims of the consequences of iatrogenics with guarantees of rehabilitation for the latter and the necessary compensation, as well as the formulation of Communication and Settlement Programs along the line “doctor (health worker) – patient”, which would open new opportunities for reducing the number of medical errors, and on a global scale would allow us to assess the prevalence of the negative social phenomenon being studied, including a possible appeal to the norms of the Criminal Code of the Russian Federation.
In modern conditions, we know rather provisionally about the scale of medical (medical) errors and facts of improper provision of medical care to patients in the Russian Federation, which does not allow us to form a complete and comprehensive criminologicalpicture of the negative phenomenon under consideration and prove the social conditionality of the adoption of a criminal ban on the inadmissibility of improper provision of medical care. assistance and its consequences.
Keywords: improper provision of medical care, unfavorable treatment outcome, statistics of medical errors, iatrogenic crimes, feasibility of bringing medical workers to criminal liability
Bibliographic list of articles
1. Amlaev K.R., Blinkova L.N., Gavrilenko N.P., Dakhkilgova Kh.T. et al. Public health and healthcare: textbook. – M.: GEOTAR-Media, 2019. – 560 pp.
2. Kibalnik A.G., Starostina Ya.V. Current problems of criminal liability of medical workers: Monograph. – M.: Ilexa, 2006. – 92 p.
3. Medical criminal law / Rep. Ed. Professor A.I. Rarog. – M.: Prospekt, 2024.
4. Muravyova V.N., Maksimenko L.L., Khripunova A.A. Organization of medical care to the population of the Russian Federation. – Stavropol: St. State Medical University Publishing House, 2017. – 132 p.
5. Patients begin to defend themselves // Evening Tomsk. 2007. March 14. No. 43 // Bureau of Forensic Medical Examination of the Tomsk Region / OGUZ BSMETO. – Tomsk, 2008. [Electronic resource]. – Access mode: http://www.bsm.tomsk.ru.
6. Sergeev Yu. D., Erofeev S. V., Kozyrev V. A. Inappropriate provision of medical care: social and legal aspects // Lawyer. – 1999. – No. 7. – P. 17-19.
7. Shaposhnikov A.V. Iatrogenesis: terminological analysis and concept construction. – Rostov-on-Don: JSC “Book”, 1998. – 112 p.
CRIMINAL PROCEDURE
AKHTYAMOVA Kristina Mikhaylovna
lecturer of the Ufa Law Institute of the MIA of Russia
PODKOVKA Svetlana Valerjevna
lecturer of the Cycle of professional and Service Training of the Ufa School for the Training of Dog Handlers of the MIA of Russia
INSTITUTE FOR ENSURING THE SECURITY OF PARTICIPANTS IN CRIMINAL PROCEEDINGS: QUESTIONS OF THEORY AND PRACTICE
The article examines the etymology of the term “security”, authors makes a small digression into the history of the development of the institution of ensuring the security of participants in criminal proceedings, analyzes the category of “protected persons”, proposes an expansion of its subject composition, considers the list of objects to be protected, as well as the essence of individual procedural security tools and problematic aspects of their implementation. In addition, the issue of criminal liability provided for by Russian legislation is disclosed.
Keywords: security, security measures, threat, protected persons, protection.
Bibliographic list of articles
1. Vasiliev A. A. The essence of the protective legal doctrine // Reference legal system “ConsultantPlus”.
2. Russian legislation of the X-XX centuries / Ed. ed. Doctor of Law, Professor O. I. Chistyakov. – Moscow: Legal literature, 1984. – T. 1. – 430 pp.
3. Kononovich S. N. Bringing a knowingly innocent person to criminal liability as a type of crime against justice – a historical and legal aspect // Collection of scientific papers based on the materials of the international scientific and practical conference. -2010. – T. 17. No. 1. – P. 13-19.
4. Belyavsky A.V. Protection of honor and dignity of the individual in the USSR // Russian State Library. Moscow: Legal literature, 1971.
5. Antoshina, A. Law on state protection of witnesses // Russian justice. – 2004. – No. 1. – P. 64-73.
6. Vvedensky A. Yu. Making decisions on carrying out measures to protect participants in criminal proceedings // Business in law. – 2014. – No. 1. – P. 142-145.
CRIMINAL PROCEDURE
LITVINOV Roman Viktorovich
lecturer of Forensic examination sub-faculty of the Siberian Fire and Rescue Academy of the EMERCOM of Russia, Zheleznogorsk
BUTOVA Kseniya Pavlovna
student of the Faculty of Higher Education of the Siberian Fire and Rescue Academy of the EMERCOM of Russia, Zheleznogorsk
CURRENT PROBLEMS OF FORENSIC EXAMINATION
In the article, the authors draw attention to the problems faced by persons who have the right to appoint and conduct forensic examinations. The authors provide examples from domestic judicial practice. The difficulties encountered by participants in criminal, civil, administrative and arbitration processes in the appointment and conduct of forensic examinations are highlighted. Cases of misconduct by officials and abuse of the rights of the parties to the proceedings are also indicated.
Keywords: forensic examination, expert, investigator, court, violation of rights, issues, problems.
Article bibliographic list
1. Federal Law “On State Forensic Activities in the Russian Federation” dated May 31, 2001 No. 73-FZ.
2. Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 21, 2010 No. 28 (as amended on June 29, 2021) “On forensic examination in criminal cases.”
3. Rossinskaya E. R. Forensic examination in civil, arbitration, administrative and criminal proceedings, 3rd ed., additional. – M.: Norma: InFRA-M, 2011. – 736 p.
4. Bibliographic description: Tsvetkov D. A. Formulating questions for an expert when appointing an examination in court proceedings. — Text: immediate // Young scientist. – 2019. – No. 47 (285). – pp. 415-417. [Electronic resource]. – Access mode: https://moluch.ru/archive/285/64136/ (date of access: 03/15/2024).
CRIMINAL PROCEDURE
MASLENNIKOVA Ekaterina Alexandrovna
Ph.D. in Law, associate professor of Criminal process and criminalistics sub-faculty of the Academy of Law and Management of the FPS of Russia
ON THE ISSUE OF LEGISLATIVE IMPROVEMENT OF THE PRINCIPLES OF CRIMINAL JUSTICE
The article analyzes the fundamental principles of criminal procedural activity, reveals the conceptual apparatus of the principles implementing the activities of the preliminary investigation bodies. The educational and scientific literature, as well as normative legal acts regulating criminal procedural activities, are reviewed and summarized. The analysis of the criminal procedure law showed that it is necessary to make changes, namely, to consolidate the concept of principles of criminal procedure in Article 5 of the Criminal Procedure Code of the Russian Federation (hereinafter referred to as the CPC of the Russian Federation ) and expand at the legislative level the list of principles on which the criminal procedure activities of the preliminary investigation bodies are based, namely, to consolidate and define such the principle of how to protect the rights of an imperfect person in criminal proceedings, the legality and validity of the sentence. The amendments to Articles 5 and Chapter 2 of the Code of Criminal Procedure of the Russian Federation are necessary in order to streamline the criminal justice system and implement other legally established principles of criminal procedure, such as equality of the parties in the course of investigative, procedural and judicial actions.
Keywords: criminal proceedings, principles of criminal procedure, the Code of Criminal Procedure of the Russian Federation, criminal procedural activity, conceptual apparatus, bodies of preliminary investigation, procedural actions.
Bibliographic list of articles
1. Voskobitova L. A. Criminal process / Textbook for bachelors. – M., 2015. – 616 pp.
2. Ozhegov S.I., Shvedova N.Yu. Explanatory dictionary of the Russian language. − 4th ed., add. − Moscow: Azbukovnik, 2000. – 940 p.
CRIMINAL PROCEDURE
MELIKOVA Aminat 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 criminology sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
JUDICIAL INVESTIGATION IN CRIMINAL CASES AS A REFLECTION OF THE MAIN PROBLEMS OF DOMESTIC JUSTICE
Judicial investigation, since its formation and consolidation as a key stage of judicial proceedings in the criminal process, has been the object of close attention of scientific research and, perhaps, the main indicator of many problems in the justice system. The independence and objectivity of the judicial process, necessary to ensure a fair decision of the court, largely depend on the legal organization of the judicial investigation, which in recent years has sometimes proven unstable. The continuous striving to find a balance between the completeness of judicial proceedings and the economy of procedural resources, between the broad rights of the courts of verification instances and the principles of legal certainty, as well as between the procedural freedom of the judge and the framework of judicial proceedings, is the eternal goal of improving domestic justice, and it is always associated with judicial investigation.
Keywords: judicial investigation, criminal cases, problems, domestic justice, Russian Federation, corruption, inequality before the law.
Bibliographic list of articles
1. Tarasov A. A., Gizatullin I. A. Judicial investigation in criminal cases as a reflection of the main problems of domestic justice // Bulletin of the Bashkir Law InstituteState University. – 2020. – No. 4 (8). – pp. 88-96.
2. Tarasov A. A. The updated Russian jury is preserved in the classical model // Legal science and practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2018. – No. 4. – P. 122-127.
3. Sharipova A. R. Unified standards of judicial acts in criminal, arbitration, civil and administrative proceedings // Legal science and practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2020. – No. 2 (50). – pp. 122-126.
4. Sharipova A. R. Termination of a case by a court in criminal, arbitration, civil and administrative proceedings: trends and accidents // Legal. Bulletin Samarsk. un-ta. – 2020. – No. 6 (2). – P. 90-95
CRIMINAL PROCEDURE
MURTAZALIEV Murtazali Kurbanismailovich
magister student of the 2nd year of full-time study of the Institute of Law of the Dagestan State University, Makhachkala
DATSIEVA Khadizhat Hasanovna
Ph.D. in Law, associate professor of Criminal process and criminology sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
THE COURT AS A PARTICIPANT IN CRIMINAL PROCEEDINGS IN THE RUSSIAN FEDERATION
The study of the functions and powers of the court in criminal proceedings is currently attracting increasing attention among modern lawyers. This article analyzes the importance of the court in criminal proceedings, since in such a complex system as criminal proceedings, the court occupies a key position. The court is not just an authority, it represents State jurisdiction in full. For a deeper understanding of this role, the article defines the judiciary and describes its role in criminal jurisdiction, paying attention to the specific procedures and used by mechanisms courts in criminal cases. The Court acts as an integral participant in criminal proceedings. The article analyzes modern problems related to the implementation and fulfillment of the court’s powers. In carrying out its functions and tasks, the court is guided by the principles laid down in the criminal process.
Keywords: defense, judicial authorities, court, power, function, powers, judicial proceedings, criminal case.
Bibliographic list of articles
1. Bogdanova P.R. The court as a participant in criminal proceedings // Perm period: Collection of materials of the scientific and practical conference within the framework of the VII International Scientific and Sports Festival of Cadets and Students. In 2 volumes, Perm, May 22, 2020 / Compiled by V. A. Ovchenkov. Volume I. – Perm: Perm Institute of the Federal Penitentiary Service, 2020. – pp. 77-80.
2. Zhilina N. Yu. General concept of participants in criminal proceedings // Development of personality and society: economic, political, legal and cultural aspects: collection of scientific papers based on the materials of the International Scientific and Practical Conference, Belgorod, December 28, 2021 / LLC Agency for Perspective Scientific Research research (APNI). – Belgorod: Limited Liability Company “Agency for Advanced Scientific Research”, 2021. – P. 48-50.
3. Rogava I. G., Arevyan A. O. Procedural status of the court in criminal proceedings // Science and education: economy and economics; entrepreneurship; law and management. – 2021. – No. 7 (134). – pp. 124-128.
4. Serkov K. E. The role and powers of the court in criminal proceedings // Universum: economics and jurisprudence. – 2022. – No. 9 (96). – pp. 31-35.
5. Sidorov E. S., Poltoratsky N. A. The court as a participant in criminal proceedings // Forum of young scientists. – 2018. – No. 5-3 (21). – pp. 248-251.
CRIMINAL PROCEDURE
MURTAZOVA Khava Magomedbegovna
magister student of the 2nd year of correspondence courses 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 criminology sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
FEATURES OF PRE-TRIAL PROCEEDINGS IN CRIMINAL CASES AGAINST MINORS
This scientific article examines the features of pre-trial proceedings in criminal cases involving minors in the Russian Federation. The main attention is paid to the analysis of the legal and practical aspects of this process, taking into account the specifics of age and psychological characteristics of adolescents. The article discusses the importance of the principle of social protection and rehabilitation of juvenile suspects, as well as their socialization. The authors emphasize the importance of involving various institutions involved in the protection of children’s rights in the pre-trial investigation process. The issue of alternative measures of influenceapplied to minors, their compliance with legislation and effectiveness is also being considered. In conclusion, the article emphasizes the need to respect the principle of confidentiality in pre-trial proceedings in criminal cases involving minors in order to protect their privacy.
Keywords: pre-trial proceedings, criminal cases, minors, Russian Federation, social protection, rehabilitation, alternative measures of influence, confidentiality.
Bibliographic list of articles
1. Dutov Yu. I., Dutov N. Yu. Some features of criminal proceedings against minors in the legislation of the CIS countries // Criminal procedural protection of the rights and legitimate interests of minors. – 2021. – No. 1 (8). – P. 33-40.
2. Ilyina M. G. Features of pre-trial proceedings regarding minors // Humanitarian readings: a collection of articles of the All-Russian scientific and practical conference dedicated to the 75th anniversary of the Great Victory: text electronic publication, Vladivostok, October 31, 2019 / Editorial board: V. V. Uncovered (chairman); M. V. Zhernova (executive editor); N. A. Shabelnikova, A. V. Milezhik, A. V. Usov. – Vladivostok: Far Eastern Federal University, 2020. – pp. 214-218.
3. Krasilnikov A.V., Ruchina A.A. Features of pre-trial proceedings on the application of compulsory medical measures against minors / Academy of Management of the Ministry of Internal Affairs of Russia. – Moscow: Limited Liability Company “Prospekt”, 2022. – 104 p.
4. Malkina T. O. Features of pre-trial proceedings in criminal cases against minors // Student scientific spring: Abstracts of reports of the All-Russian student conference dedicated to the 175th anniversary of N. E. Zhukovsky, Moscow, April 01-30, 2022. – Moscow: Publishing House “Scientific Library”, 2022. – P. 338-339.
5. Malkina T. O. Features of judicial proceedings in criminal cases against minors // Polytechnic youth magazine. – 2022. – No. 6 (71). – pp. 1-9.
6. Ugolnikova N.V., Gurdin S.V. Some issues of the procedural status of a minor accused (suspect), in respect of whom the criminal case is separated into separate proceedings // Bulletin of Economic Security. – 2019. – No. 1. – P. 111-114.
CRIMINAL PROCEDURE
ROSHKA Mikhail Yakovlevich
senior lecturer of Criminal process and criminalistics sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, Simferopol
THE ROLE OF DETERMINANTS IN THE CRIMINOLOGICAL PREVENTION OF JUVENILE DELINQUENCY
In the article, the author draws attention to such a special specific object of criminological research as juvenile delinquency. The causes and conditions contributing to its manifestation (social, moral and psychological factors) are under investigation. In addition, the early and immediate stages, as well as the prevention of relapse, were analyzed as part of individual prevention. In the work, a separate aspect considers the types of incitement as fundamental factors in the commission of crimes and some features of negative influence on the part of adults, which directly contributes to the commission of offenses by minors. The paper formulates the main directions of the prevention of this type of crime, taking into account the psychophysiological characteristics of this category of persons.
Keywords: minors, determinants, prevention, crime prevention, criminogenic factors.
Bibliographic list of articles
1. Frydenberg V.F. Intrafamily relationships and their influence on the upbringing of children and adolescents // Difficult fates of adolescents – who is to blame? M., 1991. P. 212.
2. Galzhieva A. A. Children-victims in their family // Criminal situation at the turn of the century in Russia. Criminological Association. M., 1999. pp. 144-145.
3. Vologina Zh. Yu., Spivakova N. V., Kamalov A. A. Crime among minors // Law: modern trends: materials of the international. scientific conf. 2012. No. 3.
4. Aleksandrov S.G. Deviant deviations in the personality structure of young men who committed crimes: Author’s abstract. dis. …cand. legal Sciences: 12.00.08 // Ministry of Internal Affairs of Russia, St. Petersburg University. St. Petersburg 2009.
5. Terekhova O. N. Criminological characteristics and prevention of juvenile delinquency: textbook. Manual // Krasnoyarsk: Siberian Law Institute of the Ministry of Internal Affairs of Russia. 2010. P. 92.
CRIMINAL PROCEDURE
SAFRONOV Dmitriy Mikhaylovich
doctoral student of the Research Department of the Omsk Academy of the MIA of Russia, Ph.D. in Law, associate professor, colonel of police
URGENT CASES DURING INVESTIGATIVE ACTIONS IN THE HOME IN EVERYDAY ACTIVITIES AND SPECIAL CONDITIONS
The article clarifies the content of urgent cases in the context of everyday activities and special conditions, including martial law, and proposes a range of circumstances that must be reflected in documents justifying the legality of the extraordinary procedure for carrying out investigative actions in a home.
The novelty of the article is seen in the author’s approach to naming the periods of time when an investigative action is carried out without a court decision, as well as in the proposed list of typical situations that can be assessed as urgent, including under martial law .
Keywords: urgent cases, special conditions, criminal proceedings in special conditions, martial law conditions.
Bibliographic list of articles
1. On the protection of the population and territories from natural and man-made emergencies: federal law of December 21, 1994 No. 68-FZ. (ed. dated April 14, 2023) // Collection of legislation of the Russian Federation. – 12/26/1994. – No. 35. – Art. 3648.
2. On the practice of courts considering petitions for investigative actions related to the restriction of the constitutional rights of citizens (Article 165 of the Code of Criminal Procedure of the Russian Federation): Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 1, 2017 No. 19. // Bulletin of the Supreme Court of the Russian Federation. – No. 7. – July, 2017.
3. On the organization of a preliminary investigation in the Investigative Committee of the Russian Federation: order of the Investigative Committee of the Russian Federation dated January 15, 2011 No. 2. (The document was not published). Access from the reference search system “ConsultantPlus”.
4. On the detention of suspects and accused of committing crimes: Federal Law of July 15, 1995 No. 103-FZ. (ed. dated December 29, 2022) // Collection of legislation of the Russian Federation. – 07/17/1995. – No. 29. – Art. 2759.
5. On the refusal to satisfy the application for recognition as partially invalid of certain provisions of the Internal Regulations of temporary detention centers for suspects and accused of internal affairs bodies, approved. Order of the Ministry of Internal Affairs of Russia dated November 22, 2005 No. 950: decision of the Supreme Court of the Russian Federation dated April 19, 2019 No. AKPI19-100. Access from the ConsultantPlus reference search system.
6. Ovchinnikov Yu. G., Savchenko V. A. Urgent cases when making a decision to conduct a search of a home without obtaining a court decision // Law and Law. – 2018. – No. 11. – P. 63-65.
7. Alekseeva E. S. Category “urgent cases” in criminal procedural legislation and law enforcement practice // Bulletin of St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2019. – No. 4 (84). – pp. 124-130.
8. On the introduction of martial law in the territories of the Donetsk People’s Republic, Lugansk People’s Republic, Zaporozhye and Kherson regions: Decree of the President of the Russian Federation of October 19, 2022 No. 757 // Collection of legislation of the Russian Federation. – 10.24.2022. – No. 43. – Art. 7382.
9. On a state of emergency: federal constitutional law of May 30, 2001 No. 3-FKZ. (as amended on November 2, 2023) // Collection of legislation of the Russian Federation. – 06/04/2001. – No. 23. – Art. 2277.
10. On the protection of the population and territories from natural and man-made emergencies: federal law of December 21, 1994 No. 68-FZ. (as amended on April 14, 2023) // Collection of legislation of the Russian Federation. – 12/26/1994. – No. 35. – Art. 3648.
11. On countering terrorism: Federal Law of March 6, 2006 No. 35-FZ. (as amended on July 10, 2023) // Collection of legislation of the Russian Federation. – 03/13/2006. – No. 11. – Art. 1146.
CRIMINAL PROCEDURE
SOKOLOV Yuriy Nikolaevich
Ph.D. in Law, associate professor of Information law sub-faculty, associate professor of Criminalistics sub-faculty of the V. F. Yakovlev Ural State Law University, Yekaterinburg
ON THE POSSIBILITY OF EVIDENCE ARISING OUTSIDE THE CRIMINAL PROCESS
The article discusses the controversial issues of the emergence of “ready” evidence outside the framework of criminal proceedings. The author gives several points of view on this topic, substantiates his own position in relation to electronic evidence, and concludes about the possibility of the emergence of only information, but not full-fledged evidence, outside the criminal process.
Keywords: theory of evidence, trace, forensically significant information, information product, information, data, messages.
Bibliographic list of articles
1. Davletov A. A. Criminal proceedings of the Russian Federation. Lecture course. Ed. 2nd. – Ekaterinburg, 2013. – 328 pp.
2. Lazareva V. A. Collecting or forming? We continue the discussion // Judicial power and criminal procedure. – 2021. – No. 1. – P. 78-87.
3. Lazareva V. A. Evidence as a category of criminal procedural law: new (old) approaches // Legal Concept (Legal Paradigm). – 2019. – T. 18. No. 2. – P. 55–62.
4. Nesterov A. V. About information objects and their legal properties // Scientific-Technical Sciencesical information. Ser. 1. – 2014. – No. 2. – pp. 28-31.
5. Polyakov M.P., Smolin A.Yu. Conceptological analysis of the phenomenon of electronic evidence // Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2019. – No. 2 (46). – pp. 135-145.
6. Polyakov M.P. Criminal procedural interpretation of the results of operational investigative activities. – Nizhny Novgorod: Nizhny Novgorod Law Academy, 2001. – 260 pp.
7. Rossinsky S. B. Paratus evidence in criminal proceedings // Legal Bulletin of Samara University. – 2023. – T. 9. No. 3. – P. 40–48.
8. Vytovtov A. E., Rossinsky S. B. Proper understanding of the results of operational investigative activities is the key to solving the problem of their use in proving criminal cases // Lex russica (Russian Law). – 2022. – T. 75. No. 1 (182). – pp. 60–73.
9. Rossinsky S. B. Reflections on the essence of material evidence in criminal proceedings // Proceedings of the Institute of State and Law of the Russian Academy of Sciences. – 2022. – T. 17. No. 2. – P. 176-197.
CRIMINAL PROCEDURE
SUKHININ Alexander Vitaljevich
Ph.D. in Law, professor of Criminal law and process sub-faculty of the B. B. Gorodovikov Kalmyk State University, Elista, professor of Humanitarian disciplines sub-faculty of the Sebryakov branch of the Volgograd State Technical University
TSEBEKOVA Gilyana Vladimirovna
Ph.D. in Law, professor of Criminal law and process sub-faculty of the B. B. Gorodovikov Kalmyk State University, Elista
USTAROV Mirza Rizvanovich
magister student of the 2nd year of study in the direction of “Jurisprudence”, profile “Criminal procedure, judicial power, prosecutor’s office, advocacy” of the B. B. Gorodovikov Kalmyk State University, Elista
MUCHERYAEVA Gerel Arslanovna
magister student of the 2nd year of study in the direction of “Jurisprudence”, profile “Criminal procedure, judicial power, prosecutor’s office, advocacy” of the B. B. Gorodovikov Kalmyk State University, Elista
NALYKOV German Sananovich
magister student of the 2nd year of study in the direction of “Jurisprudence”, profile “Criminal procedure, judicial power, prosecutor’s office, advocacy” of the B. B. Gorodovikov Kalmyk State University, Elista
THE CONCEPT OF AN ANONYMOUS WITNESS IN RUSSIAN CRIMINAL LAW
The article discusses the development of the significance of theoretical and applied research on the problem of admissibility of testimony of anonymous witnesses. It is substantiated that the most promising direction in this area is the compatibility of the use of testimony of anonymous witnesses with the right of the accused to confront prosecution witnesses guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms. Keeping information about their identity secret from the accused and the defense attorney is provided for by the current criminal procedure legislation of the Russian Federation as a measure of their security. The most significant legal problem that has arisen in connection with the introduction of this measure is that the use of the testimony of anonymous witnesses significantly limits the right of the accused to defense. The anonymity of witnesses and the admissibility of their testimony must be subject to additional criteria compared to the admissibility of ordinary testimony.
Keywords: witness, anonymity, secrecy, state protection
Bibliographic list of articles
1. Asalkhanova A. R. Anonymity of a witness in Russian criminal proceedings // Young scientist. – 2022. – No. 19. – P. 232.
2. Brusnitsyn L.V. On the issue of supervision over the implementation of legislation in the field of ensuring the safety of participants in criminal proceedings // Legality. – 2012. – No. 9. – P. 9.
3. Dikusar E. A. An anonymous witness and a person assisting the authorities carrying out operational investigative activities // Bulletin of the St. Petersburg Legal Academy. – 2023. – No. 1. – P. 117.
4. Dikusar E. A. Testimony of anonymous witnesses in Russian criminal proceedings: dis. …for a job application. scientist step. Ph.D. legal Sciences: 12.00.09. – St. Petersburg: SPGU, 2020. – P. 18.
5. Koval A.V. Anonymity of a witness in criminal cases // Problems of improving Russian legislation: a collection of abstracts of the All-Russian (with international participation) scientific conference of cadets, listeners and students. – 2021. – P. 82.
6. Morozova E. R., Valkova T. V. Anonymity of witnesses in a criminal case: problems and ways to solve them // Current problems of preliminary investigation. Materials of the All-Russian scientific and practical conference. – 2020.
7. Osodoeva N.V. The mechanism for interrogating “anonymous” witnesses through video conferencing in court // Law and Law. – 2021. – No. 11. – P. 188.
8. Selezneva A. Yu., Myasoedova A. A. Problems of implementing the institution of witness anonymity // Unity and differentiation of pre-trial and judicial proceedings in criminal proceedings: new conceptual approaches in the light of the legacy of the great judicial reform. – 2019. – P. 314.
9. Smolkova I. V. Pseudonym of a witness in criminal proceedings (taking into account the practice of the European Court of Human Rights) // Criminological Journal of the Baikal State University of Economics and Law. – 2012. – No. 2.
10. Shestakova S. D., Markova E. A. The right to anonymity in Russian criminal proceedings // Bulletin of St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2016. – No. 1. – P. 86.
CRIMINAL PROCEDURE
ALKHIMENKO Yuliya Valerjevna
postgraduate student of the Faculty of Training Scientific Personnel of the University of the Prosecutor’s Office of the Russian Federation
ON THE QUESTION OF THE CORRELATION OF THE CONCEPTS OF ELECTRONIC AND DIGITAL EVIDENCE IN THE CRIMINAL PROCESS OF THE RUSSIAN FEDERATION
The article deals with the actual problems of the correlation of the concepts of electronic and digital evidence in the Russian criminal process. The author’s definition of the concept of electronic evidence is proposed. Special attention is paid to the need to improve the system of sources of evidence in the domestic criminal procedure law.
Keywords: criminal trial, electronic evidence, digital evidence, sources of evidence, proof, electronic information, electronic media.
Bibliographic list of articles
1. Volkova K. Yu., Zverevich V. V. Digital or electronic (Digital vs Electronic) // Scientific and technical libraries. – 2020. – No. 12. – P. 159-172.
2. Zigura N. A., Kudryavtseva A. V. Computer information as a type of evidence in criminal proceedings in Russia: monograph. – M.: Yurlitinform, 2011. – 176 p.
3. Zuev S. V. Electronic evidence in criminal proceedings: concept and significance // Legal order: history, theory, practice. – 2020. – No. 3. – P. 46-51.
4. Kostenko R.V. Evidence in criminal proceedings: conceptual approaches and prospects for legal regulation: abstract. dis. … doc. legal Sciences: 12.00.09. – St. Petersburg, 2006. – 36 p.
5. Kupryashina E. A. Sources of evidence and criteria for their assessment in the criminal process of the Russian Federation: dis. …cand. legal Sci. – Voronezh, 2007. – 223 p.
6. Lyublinsky P.I. On evidence in a criminal court: Practical commentary on Chapter IV of the Criminal Procedure Code / Prof. P. I. Lyublinsky. 2nd edition, corrected and expanded. – M.: Publishing House “Pravo and Life”, 1924. – 74 p.
7. Marfitsin P. G. Some approaches to the formulation of the concept of “electronic evidence” in criminal proceedings // Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2017. – No. 3 (39). – pp. 106-109.
8. Okonenko R.I. “Electronic evidence” and problems of ensuring the rights of citizens to protect the privacy of personal life in criminal proceedings: a comparative analysis of the legislation of the United States of America and the Russian Federation: dis. …cand. legal Sci. – M., 2016. – 158 p.
9. Pastukhov P. S. Doctrinal model for improving criminal procedural evidence in the information society: monograph / ed. Zaitseva O. A. – M., 2015. – 352 p.
10. Politsan D. A. Digital and electronic evidence – pro et contra: problems of terminology // Russian Judge. – 2022. – No. 7. – P. 38-44.
11. Silnov M. A. Current problems of criminal procedural evidence in adversarial conditions: a manual / Academician. Gene. Prosecutor’s Office of Russia Federation. – M., 2011. – 92 pp.
12. Stolyarov Yu. N. Digital, analog, electronic, virtual: which is correct? // Scientific and technical libraries. – 2021. – No. 3. – P. 136.
13. Strogovich M. S. Course of Soviet criminal procedure: in 2 volumes – M.: Nauka, 1968. – T. 1. – 470 pp.
14. The theory of evidence in Soviet criminal proceedings / Ed. N.V. Zhogina. – 2nd ed., rev. and additional – M.: Legal. literature, 1973. – 736 pp.
CRIMINAL PROCEDURE
BIBIKOVA Olga Valentinovna
adjunct of Criminal process sub-faculty of the V. Ya. Kikot Moscow University of the MIA of Russia
THE CONCEPT AND MEANING OF ENFORCEMENT OF A SENTENCE IN TERMS OF CONFISCATION OF PROPERTY AT THE STAGE OF PRELIMINARY INVESTIGATION
In the modern criminal process, confiscation of property plays an important role as a means of suppressing and preventing crimes, and as a measure of influence on those who have committed an offense. This article will analyze the ratio of different types of confiscation, the mechanism of their application and interim measures related to the execution of confiscation of property. As a result of the analysis, the conclusion is made about the importance of ensuring the execution of the sentence in terms of confiscation of property at the stage of preliminary investigation.
Keywords: criminal procedure law; criminal proceedings; confiscation of property, enforcement of sentence.
Bibliographic list of articles
1. Martynenko E.V. Confiscation of property in current Russian criminal law. – M., 2011. – 152 pp.
2. Complete course of criminal law: Crime and punishment. In 5 volumes. T. 1 / Edited by: Korobeev A.I. – St. Petersburg: Legal. Center Press, 2008. – 1133 p.
3. Serdyuk L. Lopashenko N. A. Confiscation of property // Criminal law. – 2013. – No. 3. – P. 136-139.
4. Skoblikov P. Confiscation of property has been abolished. Forever? // EZh-Lawyer. – 2004. – No. 7.
5. Tutynin I. B. On the issue of the place of restoration of property rights and interests violated by crime in the criminal procedural activities of internal affairs bodies // Scientific notes of the Kazan Law Institute of the Ministry of Internal Affairs of Russia. – 2020. – T. 5. No. 2 (10). – pp. 236-239.
CRIMINAL PROCEDURE
MURTAZALIEV Murtazali Kurbanismailovich
magister student of the 2nd year of full-time study of the Institute of Law of the Dagestan State University, Makhachkala
DATSIEVA Khadizhat Hasanovna
Ph.D. in Law, associate professor of Criminal process and criminology sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
THE COURT AS A PARTICIPANT IN CRIMINAL PROCEEDINGS IN THE RUSSIAN FEDERATION
The scientific article on the topic “The procedural status of the court in criminal proceedings in the Russian Federation” is a study of the legal status of the court at various stages of the criminal process, taking into account the basic principles of justice and legality. The article analyzes the powers of the court, its independence and its role in ensuring the protection of the rights and interests of citizens in the context of criminal proceedings. Special attention is paid to the functions of the court, its competence, as well as issues of compliance with procedural norms and principles in the consideration of criminal cases. The study also examines the practical aspects of the application of legislation and the problems faced by courts in the exercise of their functions in criminal proceedings.
Keywords: procedural status of the court, criminal proceedings, the Russian Federation, legality, independence of the court, citizens’ rights, judicial functions.
Bibliographic list of articles
1. Bogdanova P.R. The court as a participant in criminal proceedings // Perm period: Collection of materials of the scientific and practical conference within the framework of the VII International Scientific and Sports Festival of Cadets and Students. In 2 volumes, Perm, May 22, 2020 / Compiled by V. A. Ovchenkov. Volume I. – Perm: Perm Institute of the Federal Penitentiary Service, 2020. – pp. 77-80.
2. Zhilina N. Yu. General concept of participants in criminal proceedings // Development of personality and society: economic, political, legal and cultural aspects: collection of scientific papers based on the materials of the International Scientific and Practical Conference, Belgorod, December 28, 2021 / LLC Agency for Perspective Scientific Research research (APNI). – Belgorod: Limited Liability Company “Agency for Advanced Scientific Research”, 2021. – P. 48-50.
3. Rogava I. G., Arevyan A. O. Procedural status of the court in criminal proceedings // Science and education: economy and economics; entrepreneurship; law and management. – 2021. – No. 7 (134). – pp. 124-128.
4. Serkov K. E. The role and powers of the court in criminal proceedings // Universum: economics and jurisprudence. – 2022. – No. 9 (96). – pp. 31-35.
5. Sidorov E. S., Poltoratsky N. A. The court as a participant in criminal proceedings // Forum of young scientists. – 2018. – No. 5-3 (21). – pp. 248-251.
CRIMINAL PROCEDURE
MURTAZOVA Khava Magomedbegovna
magister student of the 2nd year of correspondence courses 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 criminology sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
FEATURES OF PRE-TRIAL PROCEEDINGS IN CRIMINAL CASES AGAINST MINORS
The scientific article considers a comprehensive analysis of the specifics of criminal proceedings on the acts of insane persons in the Russian Federation. The article highlights the legal, medical and social aspects of this problem, including the procedures for recognizing insanity, the role of psychiatric examination, the specifics of judicial review, the protection of the rights of the accused, the application of security measures and the organization of social rehabilitation. The authors offer an analysis of existing practice and recommendations for improving legislation and practice in this area. The article also discusses the importance of observing the principles of humanism and human rights when considering cases of insanity, as well as the need to create specialized institutions to provide adequate medical and social assistance to insane persons.
Keywords: insanity, criminal proceedings, psychiatric examination, judicial review, security measures, social rehabilitation, protection of the rights of the accused.
Bibliographic list of articles
1. Dovgun S.I. Peculiarities of the subject of proof in relation to persons who committed a socially dangerous act in a state of insanity, and persons who fell ill after committing a crime with a mental disorder (disease) // Bulletin of the Magilevskaga dzyarzhaўnaga university named after A. A. Kulyashov. Gray D. Economics, social science, rights. – 2021. – No. 2 (58). – P. 92-99.
2. Zakharova S.S. Features and grounds for the use of compulsory measures of a medical nature // Epomen. – 2021. – No. 58. – P. 202-217.
3. Smolkova I. V. Legal status of the person against whom proceedings are being conducted to apply a compulsory measure of a medical nature // Academic Legal Journal. – 2021. –No. 4 (86). – pp. 361-368.
4. Tokareva E. V. Peculiarities of investigative actions in criminal cases on the use of compulsory measures of a medical nature // Criminal proceedings in Russia: problems and development prospects: Materials of the All-Russian scientific and practical conference, St. Petersburg, November 27, 2020. – St. Petersburg: St. Petersburg University of the Ministry of Internal Affairs of the Russian Federation, 2020. – P. 320-326.
CRIMINALISTICS
DOLGUSHINA Lyubov Viktorovna
Ph.D. in chemical sciences, associate professor, Head of Forensic science sub-faculty of the Siberian Fire and Rescue Academy of the EMERCOM of Russia, Zheleznogorsk
EXPLOSIVES: CLASSIFICATION APPROACHES
The article analyzes issues related to classifications of explosives. There is no clear description of explosives in forensic science. Technical works for classification of explosive substances use such parameters as method of chemical transformation, physical state in which substance is located, peculiarities of its chemical nature, composition, presence of sensitivity to certain influence of external category. While in forensic science, parameters such as power, form of transformation of an explosive type, sensitivity, purpose, method of manufacture, composition are used to classify explosives. In the framework of this article, special attention is paid to the consideration of various approaches to the classification of explosives. Since classification is an important aspect of safety and regulation, since it allows you to determine the degree of danger of each substance and take appropriate precautions.
Keywords: explosion, explosive, explosive device, detection of explosion traces, accident site, classification, explosive examination.
Bibliographic list of articles
1. Dildin Yu. M. Explosive devices of industrial production and their forensic research: textbook. allowance. All-Russian Scientific Center of the Ministry of Internal Affairs of the USSR, 1991. – P. 5.
2. Yablokov N.P. Forensics: textbook. – 2nd ed., revised. and additional – Moscow: Yurayt Publishing House, 2016. – 303 p. [Electronic resource] – Access mode: https://urait.ru/bcode/392032 (access date: 04/30/2021).
3. Belozerov Yu. N., Nagaev E. A. Illegal trafficking of firearms, ammunition, explosives and explosive devices. – Moscow: Publishing House “Legal Literature” of the Administration of the President of the Russian Federation, 2000. – 208 p.
4. Motorny I. D. Forensic explosives: a new teaching in forensic science: Textbook. -method, and reference. Benefit. – M.: Shumilova, 2000. – 176, [1] p.: ill.; 20 cm. – (Operative Library: (Open Fund)).; ISBN 5-89784-031-8.
5. Dvorkin A.I., Bertovsky L.V. Methodology for investigating murders committed with the use of explosive devices: A manual. – Moscow: Publishing House “Infra-M”, 2001. – 96 p. – ISBN 5160005404.
6. Motorny I. D. Theoretical and applied principles of using means and methods of forensic explosives in the fight against terrorism: Monograph. – M.: Shumilova I.I., 1999. – 198 p.: ill.
7. Bagal L. I. Chemistry and technology of initiating explosives [Text]. – Moscow: Mechanical Engineering, 1975. – 456 p.
8. Kabakova E. S., Dolgushina L. V. Detection of traces of an explosion at the scene of an incident // Eurasian Legal Journal. – 2024. – No. 1 (188). – pp. 383-385.
9. Dolgushina L.V., Forensic features of the initial investigative actions associated with the inspection of the explosion site // Eurasian Legal Journal. – 2024. – No. 1 (188). – pp. 398-399.
CRIMINALISTICS
KORNAKOVA Svetlana Viktorovna
Ph.D. in Law, associate professor, associate professor of Theory and history of state and law sub-faculty of the Baikal State University, Irkutsk
KOCHETKOVA Irena Vitaljevna
senior lecturer of Theory and history of state and law sub-faculty of the Baikal State University, Irkutsk
OSIPOVA Marina Anatoljevna
senior lecturer of Theory and history of state and law sub-faculty of the Baikal State University, Irkutsk
ON THE ISSUE OF THE CONTENT OF THE REQUIREMENT FOR THE INDEPENDENCE OF JUDGES
The article examines the content of such a legislative requirement for the administration of justice as independence. Two sides of the independence of judges are distinguished: objective (external) and subjective (internal), their essential features are considered. It is emphasized that refers to independence to the key qualities of the personality of the bearers of judicial power, attention is paid to the differentiation of the concepts of independence of judicial authorities and independence of judges. It is concluded that in order to realize the independence of judges, it is necessary to create such conditions in which the court, represented by judges, would have a real opportunity to make responsible decisions on a solid basis solely on the prescriptions of the law.
Keywords: human rights; independence of judges; fair justice subordination to the law; personal qualities of judges.
Bibliographic list of articles
1. Litvintseva N. Yu. Constitutional mechanism for the implementation of individual rights in criminal proceedings // Siberian criminal procedural and forensic readings. – 2019. – No. 2 (24). – pp. 28-36.
2. Mamina O. I. Justice in the mechanism of the rule of law: concepts and reality: dis. …cand. legal Sci. – Tambov, 2007. – 208 p.
3. Federal constitutional law “On the Constitutional Court of the Russian Federation”. Comment / Reply ed. N. V. Vitruk, L. V. Lazarev, B. S. Ebzeev. – M.: Legal. lit., 1996. – 352 pp.
4. Bondar N. S., Dzhagaryan A. A. Justice: orientation to the Constitution. –M.: NORMA, INFRA-M, 2018 // SPS ConsultantPlus.
5. Kazarina M.I. On the issue of the system of criminal procedural guarantees for the implementation of the principle of independence of judges // Siberian criminal procedural and forensic readings. – 2018. – No. 4 (22). – pp. 72-82.
6. Garmoza P.V. Legal status of judges in Russia: Formation and development: abstract. dis. …cand. legal Sci. – Rostov-on-Don, 2000. – 27 p.
7. Mironova E. Yu. Ethical principles of the activities of judges: comparative legal analysis of codes of judicial ethics in Russia and Kazakhstan // Siberian criminal procedural and forensic readings. – 2021. – No. 2 (32). – pp. 119-130.
CRIMINALISTICS
NAZARKIN Evgeniy Valerjevich
Ph.D. in Law, associate professor, associate professor of Criminal process and criminalistics sub-faculty of the Institute оf the Academy of the FPS of Russia
NOVIKOVA Lyudmila Vladislavovna
Ph.D. in Law, associate professor, associate professor of Criminology sub-faculty of the Ryazan branch of the V. Ya. Kikot Moscow University of the MIA of Russia
FEATURES OF THE TACTICS OF CONDUCTING AN INSPECTION OF THE SCENE DURING THE INVESTIGATION OF ILLICIT TRAFFICKING IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES IN INSTITUTIONS PROVIDING ISOLATION FROM SOCIETY
This article examines the specifics of the tactics of preparing and conducting on-site verification of testimony during the investigation of a crime related to illicit trafficking in narcotic drugs and psychotropic substances committed in a correctional institution of the Russian penal system. The specific tactical techniques in the preparation, conduct and consolidation of an investigative action, the specifics of the organization and conduct of an inspection in relation to the conditions of a penitentiary institution are considered.
Keywords: narcotic drug, feature, tactical technique, on-site verification of testimony, protocol, correctional institution.
Bibliographic list of articles
1. Zinin A. M. Criminalist in investigative actions: educational and practical work. allowance. – M.: Exam: Law and Law, 2004. – 141 p.
CRIMINALISTICS
PROURZINA Olga Yurjevna
lecturer-methodpsychologist of the Information center of the St. Petersburg University of the MIA of Russia
THE POSSIBILITIES OF USING DIGITAL SURVEILLANCE AND CONTROL SYSTEMS IN THE DETECTION AND INVESTIGATION OF CRIMES IN RAILWAY TRANSPORT
The article discusses the trends in the development of digital systems that provide video surveillance, recording and control of the movement of objects in railway transport. The transport infrastructure of railway transport facilities is equipped with modern high-tech digital systems that ensure uninterrupted operation of cargo and passenger transportation. The use of general scientific knowledge about the operation of railway rolling stock, an idea of the functional features of terminal devices and information systems that ensure the operation of railway transport, provides law enforcement officers with the opportunity to obtain reliable information about offenses, extract criminally significant information in order to obtain evidence.
Keywords: crime, detection and investigation, evidence, digital systems, rail transport, forensic characteristics and tactics.
Bibliographic list of articles
1. Golovin A. Yu. Forensic systematics: [Monograph]. – Moscow: LexEst, 2002.
2. Forensics: textbook. A team of authors at hand. Belkina R.S. – M.: Legal literature, 1966.
3. Ovchinsky V. S. Technologies of the future against crime. (“Collection of the Izborsk Club”) – M.: Knizhny Mir, 2017. – 288 pp.
4. Rossinskaya E. R. Forensics: textbook. – Moscow: Norma: INFRA-M, 2024. – 464 p.
5. Smushkin A. B. The concept of remote forensics: monograph / Ed. doc. legal sciences, prof. V. B. Vekhova. – M.: Yurlitinform, 2024. – 256 p.
6. Tsukanova O. V. Features of the interaction of the investigator with the bodies of inquiry during the investigation of crimes committed at railway transport facilities // Russian investigator. – 2015. – No. 19. – P. 8-11.
CRIMINALISTICS
STANOVAYA Olga Vladimirovna
lecturer of Criminalistics sub-faculty of the Training and Scientific Complex of Preliminary Inquiry in Law Enforcement Agencies of the Volgograd Academy of the MIA of Russia
CHETVEROUS Alexey Nikolaevich
senior lecturer of Fire and physical training sub-faculty of the Volgodonsk branch of the Rostov Law Institute of the MIA of Russia
FORENSIC EXAMINATION OF LICENSE PLATES ON THE BODY AND ENGINES OF CARS
One of the types of concealment of car thefts is the destruction of primary factory markings on engines, bodies, followed by the application of new license plates.
To establish the fact of changing the number, the expert needs to know the main ways of applying identification numbers to the car units, as well as the signs formed when they are removed.
The article discusses various ways of factory marking on engines and car bodies, including new ones that were not previously used on older models. There is not enough information about new ways of applying markings.
The article also highlights some of the features of conducting tracological studies of license plates on car bodies and engines, describes the main methods of their application, and lists the signs characteristic of removing or changing license plates.
Keywords: markings on the engine and car body, impact-point marker, stamping, impact stamps, punch, signs of number change.
Bibliographic list of articles
1. Chesnokova E. V. Expert study of markings on vehicles in cases related to their illegal possession: Abstract of a dissertation for the degree of candidate of legal sciences. – Moscow, 2007.
2. Raigorodsky V.M., Khrustalev V.N., Ermolaev S.A., R18 Examination of the restoration of changed and destroyed markings: Textbook / Edited by Khrustalev V.N. – Saratov: SuiUI Ministry of Internal Affairs of Russia, 1999. – 72 s.
CRIMINALISTICS
TYKHEEV Mikhail Sergeevich
postgraduate student of Criminalistics, forensic expertise and legal psychology sub-faculty of the Baikal State University, Irkutsk
FEATURES OF INITIATING CRIMINAL CASES OF FRAUD COMMITTED USING CELLULAR (MOBILE) COMMUNICATIONS (TELEPHONE FRAUD)
This article discusses the features of initiating criminal cases of fraud committed using cellular (mobile) communications, as well as the features of actions during pre-investigation checks, which can lead the inquiry or investigation authorities to make the correct and prompt decision to initiate or refuse to initiate criminal proceedings. Problematic issues that arise when initiating a criminal case inthe category of cases under study are identified. The article notes that such crimes have a number of features that make their investigation difficult. These include: the anonymity of the criminals, the difficulty of collecting evidence, and the victims’ lack of reliable information about the fact of the crime.
Keywords: crime, theft, telephone fraud, cellular communications, preinvestigation check.
Bibliographic list of articles
1. Criminal Code of the Russian Federation: Federal Law No. 63-FZ of June 13, 1996 (as amended on December 25, 2023) // SPS “ConsultantPlus”.
2. Criminal Procedure Code of the Russian Federation: Federal Law No. 174-FZ of December 18, 2001 (as amended on December 25, 2023) // SPS “ConsultantPlus”.
3. Code of the Russian Federation on Administrative Offenses No. 195-FZ dated December 30, 2001 (as amended on March 11, 2024) // SPS “ConsultantPlus”.
4. Baranov A. M. Initiation of a criminal case: tradition and modernity // Scientific Bulletin of the Omsk Academy of the Ministry of Internal Affairs of Russia, 2022. – P. 86.
5. Bednyakov I. L. Organization of interaction between departments of internal affairs bodies when considering reports of fraud committed using cellular communications by convicts serving a sentence of imprisonment // Vestnik SUI. – 2019. – P. 15.
6. Ivanova O. M., Ivanov M. G. The problem of qualifying “non-contact” thefts at the stage of initiating criminal cases // Vestnik RUK. – 2021. – P. 121.
7. Sorokotyagina D. A. Victimological analysis in the investigation of crimes: a textbook. – Moscow, 2018. – P. 71.
8. Stepanenko D. A. Criminological aspects of identifying and preventing cyber attacks in the banking sector // Humanitarian, socio-economic and social sciences. – 2022. – P. 241.
9. Khasnutdinov R. R., Bikineeva L. N. Peculiarities of preliminary verification and initiation of criminal cases of fraud associated with the use of mobile communications // International Journal of Humanities and Natural Sciences. – 2021. – P. 131.
10. Criminal case No. 1180125003600282/2019 // Archive of OP No. 8 of the MU Ministry of Internal Affairs.
11. Criminal case No. 11901250036001255/2019 // Archive of OP No. 8 of the MU Ministry of Internal Affairs.
CRIMINOLOGY
BABANINA Darya Vasiljevna
lecturer of Criminal law and criminology sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia
PROBLEMS OF THE DEVELOPMENT OF THE CRIMINOLOGICAL THEORY OF THE CAUSES AND CONDITIONS OF CRIME
The article discusses the current problems of the development of the criminological theory of the causes and conditions of crime in the context of ensuring national security of the state. The importance of the theory as a universal interrelation and interdependence of the phenomena of objective reality acting as intensifiers of socio-psychological factors of crime is determined. Through the use of various methods of scientific research, certain provisions of the issue under consideration that have developed in the theory of science are analyzed in order to concretize their essential content. A meaningful review of various areas of understanding of the criminological theory of the causes and conditions of crime and their consideration in the practical and regulatory aspects of crime prevention is carried out.
Keywords: criminology, crime, crime prevention, development problems, national security.
Bibliographic list of articles
1. Gilinsky Ya. I., Morozova Yu. V., Fedyshina P. V. Current problems of criminology: a textbook for master’s degrees. — St. Petersburg: St. Petersburg Law Institute (branch) of the Academy of the Prosecutor General’s Office of the Russian Federation, 2016. – P. 188.
2. Krupina M. A. Historical aspects of the formation of the concept of latent crime // Criminology: yesterday, today, tomorrow. – 2011. – No. 1 (20). – P. 40.
3. Kuryavyi A. A., Kravtsov D. A. On the issue of the relationship between the causes and conditions of crime and the causes and conditions of individual criminal behavior. – Text: immediate // Young scientist. – 2022. – No. 22 (417). – P. 336.
4. Gilinsky Ya. I. Decree op. – P. 188.
CRIMINOLOGY
KABAKOVA Ekaterina Sergeevna
lecturer of Forensic examination sub-faculty of the Siberian Fire and Rescue Academy of the EMERCOM of Russia, Zheleznogorsk
PROBLEMS OF CYBERCRIME INVESTIGATION ON THE EXAMPLE OF KRASNOYARSK KRAI
Criminals are increasingly using the Internet to commit malicious acts. With the development of digital technologies, new forms of crime have emerged, and cybercrime occupies a special place among them. It includes hacker attacks, identity theft, financial fraud and much more. Specialists of the Federal Prosecutor’s Office of the Russian Federation note that cybercrime in Russia has grown by more than 75%. In this article we will consider the main problems in the investigation of crimes committed via the Internet and ways to solve them.
Keywords: crime investigation, cybercrime, cyber criminals, internet criminals, fraud.
Bibliographic list of articles
1. Grachev A.V. In the collection “Information security and issues of preventing cyber extremism among youth” // Materials of the intra-university conference. – 2015. – pp. 162-175.
2. Prosecutor’s Office of the Krasnoyarsk Territory. [Electronic resource]. – Access mode: https://epp.genproc.gov.ru/web/proc_24/mass-media/news?item=90147444 (date of access: 04/22/2024).
3. Koliev V.V. Tactics and methods of investigating crimes committed via the Internet // Law and State: Theory and Practice. – 2021. – No. 4 (196). – pp. 280-282.
4. Garanina A. A. Practical problems in the investigation of crimes committed through the Internet and mobile communications // Criminal procedural problems in the investigation of criminal cases. – Irkutsk: East Siberian Institute of the Ministry of Internal Affairs of the Russian Federation, 2017. – P. 23-25.
5. Kuznetsov P. S. Problems of investigating crimes in the field of computer information // Young scientist. – 2020. – No. 15 (305). – pp. 210-212.
CRIMINOLOGY
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
MIKHAYLIN Daniil Alexandrovich
postgraduate student of Combating economic crimes sub-faculty of the Samara State University of Economics
ON THE ISSUE OF CRIMINOLOGICAL CHARACTERISTICS OF MEDIATION IN BRIBERY
The article is devoted to the analysis of the criminological characteristics of mediation in bribery. The authors identify typical features of a subject prone to such corrupt manifestations. They show in detail the significance of generally recognized signs, focusing especially on those that are of a debatable nature. They offer their own vision of such aspects as gender, education, marital status. Disagreeing with the position of a number of researchers, they substantiate the thesis about the importance of these points for understanding the identity of the mediator, with the prospect of developing preventive measures to counteract the illegal acts in question. The authors reasonably note an increase in recidivism in this segment, which is an alarming factor, since it indicates an insufficiently effective application of Article 291.1 of the Criminal Code of the Russian Federation by investigative and judicial practice.
Keywords: the identity of the intermediary, bribery, unstable persons, corruption factors, socio-demographic characteristics, psychological traits, official dependence, criminal activity, illegal remuneration, causes of crime, motives for committing a crime.
Bibliographic list of articles
1. Baikalov M. M., Chirkov D. V. Personality of the intermediary in bribery // Power and society: history, current state and development trends. Collection of materials from the All-Russian Scientific and Practical Conference. – Abakan: Federal State Budgetary Educational Institution of Higher Education “Khakass State University named after. N. F. Katanova”, 2023. – P. 82-84.
2. Bondar A. Ya., Zamaraev A. Ya., Revyagin A. V. Mediation in bribery: concept, problems and prevention // Psychopedagogy in law enforcement agencies. – 2021. – Volume 26. No. 4 (87). – pp. 472-479.
3. Vyalshin K. N., Churakov A. N. Criminological characteristics of the personality of an intermediary in bribery // Science of the XXI century: Current directions of development. – Samara, 2021. – No. 1-2. – pp. 251-256.
4. Grinko S. D. Criminological characteristics of youth organized crime // Law and State: Theory and Practice. – 2020. – No. 2 (182). – pp. 230-232.
5. Dashkova L. G. Bribery: problems of qualification and sentencing. Author’s abstract. …dis. Ph.D. legal Sci. – Chelyabinsk, 2007. – 26 p.
6. Egiyan A. M., Korobeev A. I. Criminological characteristics of the personality of the subject who mediates in bribery // UNIVERSUM: Economics and jurisprudence. – 2023. – No. 2 (101). – pp. 32-36.
7. Kurdyumov R.V. Problematic issues of qualification of mediation in bribery // Young scientist. – 2023. – No. 40 (487). – pp. 221-224.
8. Maistrenko G. A. Concept, social and legal essence and causes of corruption in the Russian state // Questions of Russian and international law. – 2023. – Volume 13. No. 6-1. – pp. 392-399.
9. Lobanova L. A. Some issues of criminal law qualification of mediation in bribery // Young scientist. – 2020. – No. 49 (339). – pp. 267-270.
10. Farakhiev D. M. Criminologicallyth portrait of the personality of a modern criminal-corruption // Bulletin of the Siberian Legal Institute of the Ministry of Internal Affairs of Russia. – 2022. – No. 4 (49). – pp. 220-225.
CRIMINOLOGY
MUKSINOVA Adelya Faridovna
lecturer of Criminal law sub-faculty of the Kazan Law Institute of the MIA of Russia
DRUG CRIME IN RUSSIA: STATUS AND TRENDS
Based on the study and generalization of statistical data for 2014-2023, the article presents an analysis of the state of crime in the field of illicit trafficking in narcotic drugs, psychotropic substances or their analogues. In addition, the dynamics of drug crime over the past decade is analyzed, data on the number of persons prosecuted for these crimes are being considered, the structure of drug crime as of 2023 is being studied. The characteristics of the public danger of the drug situation and its determinants are also determined. As a result of the analysis, the trends of modern crime in the field of drug trafficking are revealed.
Keywords: crimes in the field of drug trafficking, drug crime, drug situation, drug trafficking, narcotic drugs, psychotropic substances, criminal liability.
Bibliographic list of articles
1. Zinoviev V.V. Anti-drug policy of Russia: criminal law and criminological aspects of implementation: dis. …cand. legal Sci. – Saratov, 2016. – 272 p.
2. Fedorov A.V. Narcocriminology as one of the areas of criminology // Narcocontrol. – 2013. – No. 1. – P. 4-27.
CRIMINOLOGY
SAGAYDAK Albina Yurjevna
Ph.D. in pedagogical sciences, Deputy Head of Criminology sub-faculty of the St. Petersburg University of the MIA of Russia
TURUNOVA Meruert Nurlanovna
Ph.D. in Law, lecturer of Criminology sub-faculty of the St. Petersburg University of the MIA of Russia
UZIKHANOVA Elvira Gumerovna
Ph.D. in Law, Head of Criminology sub-faculty of the St. Petersburg University of the MIA of Russia
THE SYSTEM OF COMBATING JUVENILE DELINQUENCY CAUSED BY THE INFLUENCE OF THE INTERNET
The article examines the system of countering juvenile delinquency caused by the influence of the Internet: the object, subject and subjects of countering the crime in question are determined. Measures to counter juvenile delinquency on the Internet are disclosed and classified at the general social and special criminological levels. The author identifies specialized subjects of crime prevention and specifies their powers.
Keywords: Internet, minor, crime, criminogenic, destructive influence on a person, inclination, involvement, information and telecommunication technologies.
Bibliographic list of articles
1. Avanesov G. A. Criminology. M.: Publishing house Acad. Ministry of Internal Affairs of the USSR, 1984. P. 228.
2. Baturin Yu. M., Polubinskaya S. V. What makes virtual crimes real // Proceedings of the Institute of State and Law of the Russian Academy of Sciences. 2018. No. 2. P. 10-35.
3. Kleimenov M.P. Criminology. M.: Norma: INFRA-M, 2013. P. 223.
4. Savelyeva O. Yu. Criminology. Tolyatti: Tolyatti State University. 2019. pp. 57-59. (236 pp.).
5. Turunova M. N. Countering the influence of the Internet on the criminal behavior of minors: dis. …cand. legal Sciences: 5.1.4. St. Petersburg, 2022. 241 p.
6. Yakovleva, M. A. The author’s view on the system of subjects of crime prevention in modern Russia // Legal science. 2019. No. 8. pp. 81-87. – EDN QZFRLO.
CRIMINOLOGY
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 Institute of Law of the Volgograd State University
TRENDS IN THE MODERNIZATION OF LEGISLATION IN THE CONTEXT OF THE PREVENTION OF VIOLENT CRIMES COMMITTED IN THE DOMESTIC SPHERE
The article assesses promising directions for improving legislation on the prevention of violent offenses in the family and domestic sphere. The authors of the manuscript propose a number of changes in this area: to supplement Federal Law No. 182-FZ of June 23, 2016 “On the Fundamentals of the System of Prevention of Delinquency in the Russian Federation” with families and minors prone to provisions on protective orders and judicial protective orders; to develop a unified database on “socially unstable vagrancy”; to create specialized courts with jurisdiction to hear criminal cases involving minors by amending the Federal Constitutional Law on the Prevention of Delinquency in the Russian Federation.
Keywords: domestic violence, prevention, juvenile justice, legislation, family, minors, protective order.
Bibliographic list of articles
1. Denisova N. S., Fantrov P. P., Solovyova N. A., Solovyova P. V. Protection of the rights and freedoms of minors in criminal proceedings // Eurasian Legal Journal. – 2019. – No. 9 (136). – pp. 305-310.
2. Dikaev S.U., Dikaeva M.S. On the criminal policy of responding to juvenile delinquency in modern Russia // All-Russian Journal of Criminology. – 2020. – No. 5. – P. 687-698.
3. Ivanova A. A. Criminological prevention as a priority task of juvenile justice // All-Russian Criminological Journal. – 2018. – No. 4. – P. 505-514.
4. Ivasyuk O. N. Modern problems of prevention and crimes in the sphere of family and household relations // Scientific notes of the Crimean Federal University named after V. I. Vernadsky. Legal sciences. – 2020. – No. 2. – P. 230-235.
5. Fantrov P. P. Social policy of the Russian Federation: prevention of juvenile delinquency as a direction for ensuring national security // Materials of the Scientific Session of Volgograd State University, Volgograd, April 20-24. 2015
CRIMINOLOGY
ABAZEKHOVA Zarema Izmailovna
postgraduate student of Economic and financial investigations sub-faculty of the Higher School of Public Audit of the M. V. Lomonosov Moscow State University
CRIMINOLOGICAL CHARACTERISTICS OF THE ILLEGAL ORGANIZATION AND CONDUCT OF GAMBLING
The scientific article presents criminological characteristics of the illegal organization and conduct of gambling. Crime in general, as well as its individual types, has its quantitative and qualitative characteristics. The aggregate of these indicators represents the criminological characteristics of crime, the significance of which, in our opinion, is that it allows us to assess its dynamics, the effectiveness of measures to prevent it, the need to develop additional prevention measures, as well as the work of law enforcement agencies to prevent and suppress certain types of crimes. The paper considers both the criminal-legal characteristic of the crime and the socio-demographic characteristic of the personality of the subject and the characteristic of the players. The article is of particular interest to criminologists, law enforcement officials, as well as politicians who are interested in combating illegal gambling.
Keywords: criminological characterization, gambling, effective measures, criminology, crime, gambling business, Art. 171. of the Criminal Code of the Russian Federation.
Bibliographic list of articles
1. Borzenkov G. N. Subject of the crime // Criminal law of the Russian Federation. General part: Textbook for universities / Ed. V. S. Komissarova, N. E. Krylova, I. M. Tyazhkova. M., 2012. P. 273.
2. Ivanishcheva D. A., Pestereva Yu. S. Criminological characteristics of illegal organization and conduct of gambling // Current problems of jurisprudence: unity of theory and practice: collection. tr. conf. M., 2019. pp. 406-413.
3. Ivanova O. A. Criminal liability for illegal organization and conduct of gambling. Author’s abstract. dis. …for a job application. scientist step. Ph.D. legal Sci. Saratov. 2016. P. 25.
4. Karabanova E. N. The concept of the object of a crime in modern criminal law // Journal of Russian Law. 2018. No. 6. P. 70.
5. Kobets P. N. General characteristics of the objective side of the crime according to the current main legislation of the Russian Federation // international scientific journal “Symbol of Science”. 2017. No. 2. P. 188.
6. Mosechkin I. N. Criminal legal measures to counteract illegal gambling activities. Author’s abstract. dis. …for a job application. scientist step. Ph.D. legal Sci. M.,. 2016. P. 10.
7. Revyagin A.V., Panov S.L. Gambling business in Russia: current state // Legislation and practice. 2018. No. 2 (41). P. 39.
8. Sevostyanov R. A., Prosvirin E. V. Problems of criminal legal regulation of the organization and conduct of illegal gambling business. M., 2013. P. 147.
9. Chebotareva G.V., Podkorytova L.N. Object of the crime: a general overview of the problem // Scientific notes of the Crimean Federal University named after V.I. Vernadsky. Legal sciences. 2015. No. 1. P. 185.
LAW ENFORCEMENT AUTHORITIES
JAMBOROV Anzor Anatoljevich
Ph.D. in Law, associate professor of Fire training sub-faculty of the North Caucasian Institute for Advanced Studies (branch) of the Krasnodar University of the MIA of Russia
SOME FEATURES OF THE USE OF TRAINING EXERCISES WHEN CONDUCTING FIRE TRAINING CLASSES WITH EMPLOYEES OF THE INTERNAL AFFAIRS BODIES OF THE RUSSIAN FEDERATION
This article focuses on the significance and need for the use and greater use in fire training of internal affairs officers of a set of training (introductory) exercises (“idle” or using training weapons) both in practical exercises before firing practice and during individual training sessions.
In addition, in the work the author has prepared and offers a combination (“bundle”) of some training exercises to improve the skills of high-speed pistol shooting, together forming one of the preparatory sets of exercises that can improve the quality of the training process and the level of the shooter as a whole.
Keywords: fire training, basic training, initial stage, correction stage, training weapons, special exercises, shooting technique.
Bibliographic list of articles
1. Gusev S. N., Chaichen D. V. Application of sports techniques in teaching fire training to police officers // Scientific Notes of the University. P. F. Lesgaft. – 2020. – No. 12 (190). – pp. 57-60.
2. Kryzhanovsky Yu. S. Features of the use of special training exercises using training weapons in the process of training employees of internal affairs bodies to shoot a pistol [Text]: educational and methodological manual. – Domodedovo: VIPK of the Ministry of Internal Affairs of Russia, 2013. – 48 p.
3. Korsakov Yu. V. The role of special exercises during shooting training sessions // World of Science. – 2018. – T. 6. No. 5. – P. 25
4. Zhamborov A. A. Some aspects of improving fire training of police officers // Eurasian Legal Journal. – 2018. – No. 8 (123). – pp. 348-350.
LAW ENFORCEMENT AUTHORITIES
LEGOSTAEV Sergey Valentinovich
Ph. D. in Law, associate professor of Criminal process and criminalistics sub-faculty of the Academy of Law and Management of the FPS of Russia
ON EXPANDING THE COORDINATION FUNCTION OF THE PROSECUTOR’S OFFICE
The article reveals the essential elements of coordination activities and its importance for improving the effectiveness of crime prevention. On the basis of the fundamentals and principles of coordination enshrined in legislation, the key aspects of this type of joint law enforcement activity are outlined. Some scientific points of view on the need to expand the coordination function of the prosecutor’s office are reflected and analyzed. The author’s approach to the possibility of granting prosecutors additional powers in the field under consideration is outlined. It is pointed out that it is inappropriate to assign additional powers to prosecutors to coordinate the fight against administrative offenses. The main directions of improving the coordination function of the prosecutor’s office are highlighted.
Keywords: fighting crime, administrative offenses, functions of the prosecutor’s office, coordination activities, powers of the prosecutor, control and supervisory authorities.
Bibliographic list of articles
1. Azarova E. S., Vnukov V. I. Coordination of the activities of law enforcement agencies to combat crime // Legal Concept = Legal paradigm. – 2021. – T. 20. No. 2. – P. 30. – DOI: https://doi.org/10.15688/lc.jvolsu.2021.2.4.
2. Alkhutova E. Yu. — Features of the coordination activities of the modern prosecutor’s office // Administrative and municipal law. – 2017. – No. 4. – P. 76.
3. Gulyagin A. Yu. Features of law enforcement activities in the field of administrative jurisdiction: abstract. dis. … doc. legal Sci. – M., 2016. – P. 12.
4. Isaeva A. M. Coordination of the activities of law enforcement agencies to combat crime. Problems and ways to improve the status of the Prosecutor’s Office of the Russian Federation in this activity. // Law and law. – 2020. – No. 8. – P. 35.
5. Yakubov S.V. Administrative and legal sphere of activity of the prosecutor’s office: coordination of combating offenses: abstract. dis. …cand. legal Sci. – Moscow, 2008. – P. 9.
LAW ENFORCEMENT AUTHORITIES
MAGARRAMOV Magarram Dzhabrailovich
Ph.D. in philosophical sciences, professor, leading researcher of the Regional Center for Ethnopolitical Studies (RCEI) of the Dagestan Federal Research Center (DFIC) of the Russian Academy of Sciences (RAS), Makhachkala
MAGOMEDOV Magomed Abdulkadirovich
Ph.D. in Law, Head of the Department for Compliance with Federal Legislation of the Prosecutor’s Office of the Republic of Dagestan, Senior Adviser to Justice, Honored Lawyer of the Russian Federation
THE ROLE OF THE PROSECUTOR’S OFFICE OF THE RUSSIAN FEDERATION IN ENSURING THE SECURITY OF THE STATE AND SOCIETY: LEGAL ANALYSIS OF SOURCES
Using the method of historicism, dialectical principles and approaches, the basic forms of correct thinking, dialectical and formal logical laws, the authors analyzed historical sources devoted to identifying the role of the Russian prosecutor’s office in the process of ensuring the security of the Russian state, society and individual individuals.
In the context of the considered sources, the main types of security are defined, mechanisms for optimizing the work of government bodies, local governments, and educational institutions in this direction are proposed.
The material has heuristic value and cognitive significance for students of law universities, law enforcement and law enforcement officials, and research scientists working on this problem.
Keywords: prosecutor’s office, the role of the prosecutor’s office, security of the state, society and the individual, types of security, mechanisms for ensuring it, etc.
Bibliographic list of articles
1. Agutin A.V. Ensuring national security as an integral part of the activities of the Russian prosecutor’s office // In the collection: Criminal proceedings: current state and main directions for improvement // Collection of materials of the International scientific and practical conference dedicated to the 50th anniversary of the Doctor of Law, Professor A.V. Grinenko. – 2016.
2. Alexandrova L. I., Borisov S. V., Velikaya E. V., Dikanova T. A., Zyablina M. V., Kamchatov K. V., Kremneva E. V., Rubtsova M. V., Sidorenko T. A., Yastrebov V. V. Prosecutor’s supervision over the implementation of laws on transport safety. Collective monograph. Chapter 1 Problems of ensuring transport safety and the work of the prosecutor’s office. – Moscow, 2019.
3. Ashitkova T.V. Ensuring safety in the electric power industry by means of prosecutorial supervision // Energy and law. – 2017. – No. 4.
4. Ashurbekov T. Organizational and structural structure of the prosecutor’s office to ensure the national security of the Russian Federation // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2008. – No. 10.
5. Baltaeva S.V. Peculiarities of assessing the effectiveness of the activities of prosecutorial authorities in supervising the implementation of laws in the field of ensuring national security, interethnic relations, countering extremism and terrorism // In the collection: Problems of the formation of civil society. Collection of articles of the VI International Scientific Student Conference. Irkutsk Law Institute (branch) of the Academy of the Prosecutor General’s Office of the Russian Federation. – 2018.
6. Valiev G. Kh., Khairullina R. G. Features of the activities of the prosecutor’s office to ensure the economic security of the Russian Federation // Science of Krasnoyarsk. – 2021. – T. 10. No. 2-3.
7. Vasilyev F. P. Prosecutor’s office as the main subjects of ensuring the economic security of Russia, issues of improving their control and supervisory activities // Issues of Russian and international law. – 2020. – T. 10. No. 2-1.
8. Vasyagina M. M. Current directions for the development of organizational forms of activity of the prosecutor’s office of the Russian Federation in the interests of constitutional security. In the collection: XI Derzhavin readings in the Republic of Mordovia // Materials of the All-Russian Scientific and Practical Conference. Middle Volga Institute (branch) of VSUYU (RPA of the Ministry of Justice of the Russian Federation). – Podolny, 2015.
9. Vlasenko Ya. A. Legal principles of the activities of the prosecutor’s office to supervise the implementation of legislation on ensuring the safety of minors in children’s recreation organizations and their health // Symbol of science: international scientific journal. – 2021. – No. 6.
10. Vlasenko Ya. A. Characteristics of the main goals and objectives of prosecutorial supervision over the implementation of legislation on ensuring the safety of minors in organizations for children’s recreation and their health // Symbol of science: international scientific journal. – 2022. – No. 3.
11. Gracheva O. A. Ensuring the national security of the country as a priority direction of activity of the Russian prosecutor’s office // In the collection: Man and law – XXI century. almanac of the Institute of the Prosecutor’s Office of the Saratov State Law Academy. – Saratov, 2022.
12.Dobretsov D. G. The role of the prosecutor’s office in ensuring the environmental safety of the Russian Federation // In the collection: Global environmental safety: current problems of law and practice. Collection of proceedings of the International Scientific and Practical Conference. Edited by M. M. Mukhlynina, A. I. Nikiforov, S. V. Aramilev, M. V. Saltykova, L. R. Sharifullina. – 2018.
13. Elfimova M. O. Protection of intellectual property as a factor in ensuring the economic security of the Russian Federation // Management of investments and innovations. – 2016. – No. 3.
14. Kapinus O. S. Activities of the prosecutor’s office to ensure the protection of the population from natural and man-made emergencies // Bulletin of the University of the Prosecutor’s Office of the Russian Federation. – 2019. – No. 3 (71).
15. Kardashova I. B. Modern system of ensuring national security of the Russian Federation // Administrative law and process. – 2013. – No. 9.
16. Karpysheva Yu. O. The Russian Prosecutor’s Office as a subject of ensuring the country’s internal security // Academic legal journal. – 2018. – No. 4 (74).
17. Karpysheva Yu. O. The role of the prosecutor’s office in the strategic planning system of the Russian Federation // In the collection: Ensuring national security in the light of global challenges of our time. Materials of the international scientific and practical conference. – Irkutsk, 2021.
18. Kashaev A. R. The role of the prosecutor’s office in ensuring national security // Alley of Science. – 2017. – T. 4. No. 15.
19. Kolesov M.V. Problems and prospects for ensuring information security in the prosecutor’s office of the Russian Federation // Bulletin of the University of the Prosecutor’s Office of the Russian Federation. – 2020. – No. 5 (79). – P. 92-95 @@ Kobzarev F. M. On legal and organizational support for information security of prosecutorial authorities. In the collection: Prosecutor’s Office: yesterday, today, tomorrow (Sukharev readings) // Collection of materials of the II International Scientific and Practical Conference. Academy of the General Prosecutor’s Office of the Russian Federation. – 2017. – P. 368-376 @@ Kozintsev Z.V. Some issues of ensuring information security in the bodies and organizations of the prosecutor’s office // Student Bulletin. – 2021. – No. 35-1 (180). – P. 62-65 @@ Semenova N.V., Ivanova V.V., Slotin A.Yu. The role of the prosecutor’s office in ensuring the information security of society // In the collection: The Prosecutor’s Office of the Russian Federation: vector of development and role in the formation of a democratic rule of law state // Collection of materials of the International Scientific and Practical Conference: at 2 o’clock. Chuvash State University named after I. N. Ulyanov. – Cheboksary, 2021. – pp. 153-158 @@ Korenyuk A. L. Some issues of ensuring information security in the prosecutor’s office of the Russian Federation in the conditions of digital transformation // In the collection: Digitalization of the activities of prosecutor’s offices. Collection of materials from the seminar (round table). – Moscow, 2021. – pp. 97-105.
20. Kondrat I. N., Petrov P. A., Sterenchuk D. D. Some problems that arise when a prosecutor goes to court to recognize information that is prohibited for dissemination, harmful to the health and development of children, posted on the Internet information and telecommunications network » // Legal science: history and modernity. – 2018. – No. 7.
21. Korenyuk A. L. On the issue of ensuring information security in the prosecutor’s office of the Russian Federation // In the collection: Public service: legal and managerial aspects. Materials on the results of a scientific and practical conference with international participation. – Ekaterinburg, 2021.
22. Kot S.V. Activities of the prosecutor’s office to ensure the constitutional security of the Russian Federation // abstract of the dissertation for the degree of candidate of legal sciences / Russian Academy of Public Administration under the President of the Russian Federation. – Moscow, 2004.
23. Likhacheva E. Yu. Selected issues of ensuring information security in the bodies and organizations of the prosecutor’s office of the Russian Federation. In the collection: Military-legal instruments for ensuring national security // Collection of articles of the scientific-practical conference. – Moscow, 2022.
24. Makhmudov I. T. Activities of the prosecutor’s office to ensure the rule of law in the field of national security, countering terrorism and extremism // Bulletin of the Tajik National University. – 2015. – No. 3-12.
25. Merkuryev V.V. Tasks of the Prosecutor’s Office of the Russian Federation in countering extremism and terrorism in the context of ensuring national security // Bulletin of the Academy of the General Prosecutor’s Office of the Russian Federation. – 2016. – No. 3 (53).
26. Misailidi B. A. The role of the prosecutor’s office of the Russian Federation in ensuring the economic security of the state // In the collection: Collection of scientific works of the department of legal culture and protection of human rights. Collection of scientific works of teachers, graduate students, undergraduates and students // Federal State Autonomous Educational Institution of Higher Education “North Caucasus Federal University”, Law Institute. – Stavropol, 2020.
27. Mitonova K. E., Beletskaya A. V. The role of the prosecutor’s office in providing informationoh the safety of minors. In the collection: Jurisprudence in theory and practice: current issues and modern aspects // Collection of articles of the XI International Scientific and Practical Conference. – Penza, 2021.
28. Olifirenko E. P. Ensuring the security of the information space in the management activities of the prosecutor’s office // In the collection: Scientific forum: jurisprudence, history, sociology, political science and philosophy. Collection of articles based on the materials of the LXVII international scientific and practical conference. – Moscow, 2022.
29. Rubtsova M.V. The role of the prosecutor’s office in ensuring transport safety // TheScientificHeritage. – 2021. – No. 67-5 (67).
30. Ryabchenko O. N. On some aspects of prosecutorial supervision over activities to ensure environmental safety of the use and protection of water resources (on the example of the Udmurt Republic) // Law and State: Theory and Practice. – 2015. – No. 8.
31. Saltykova A. E. Activities of the prosecutor’s office for supervision in the field of preventing offenses on the Internet // In the collection: Problems of ensuring the rule of law: history and modernity. A collection of scientific papers based on the results of the International Scientific and Practical Conference within the framework of festive events dedicated to the 300th anniversary of the Russian Prosecutor’s Office and the 165th anniversary of the birth of the Prosecutor General of the Russian Empire A. A. Khvostov. – Yelets, 2021.
32. Sokolov I. A. “History of legal regulation of the participation of the prosecutor in ensuring the information security of the state” (dedicated to the 300th anniversary of the Russian prosecutor’s office) (12.00.08) // Problems of law. – 2021. – No. 4 (83).
33. Tabanova D. B. Competence of the prosecutor’s office in the field of ensuring the implementation of environmental rights of citizens. In the collection: Questions of the evolution of the legal thought of mankind // Collection of articles of the International Scientific and Practical Conference. – 2016.
34. Ulyanov A. Yu. Ensuring road safety through prosecutorial supervision // Legality. – 2016. – No. 7 (981).
35. Usmanova R. M. Legal regulation of the powers of local governments to ensure environmental safety // Rule of law: theory and practice. – 2019. – No. 4 (58).
36. Fairushina R. D. Measures of prosecutorial supervision over the enforcement of legislation on road safety // Eurasian Legal Journal. – 2018. – No. 4 (119).
37. Khrulev D. A. Activities of the prosecutor’s office to ensure the economic security of Russia (organizational and legal aspects) // dissertation for the degree of candidate of legal sciences. – Moscow, 2005.
38. Tsyganov D.V. On the role of the prosecutor’s office in ensuring the environmental safety of the state. In the collection: Novels of Law and Politics 2016 // Collection of scientific papers based on the materials of the International Scientific and Practical Conference. – 2016.
39. Sharikhin A. E. Public security as a key element of the national security strategy of the Russian Federation // Monitoring of law enforcement. – 2015. – No. 1 (14).
40. Stefashina Ya. V. The role of the prosecutor’s office in ensuring environmental safety // In the collection: Higher education for the 21st century: Digital transformation of society: new opportunities and new challenges. Reports and materials of the XVI International Scientific Conference: 2 hours (online format). – Moscow, 2020. – pp. 426-429.
41. Rubtsova M.V. The role of the prosecutor’s office in the field of ensuring the safety of civil aviation aircraft // In the collection: The role of the prosecutor’s office in building the rule of law: history and modernity (To the 300th anniversary of the Russian prosecutor’s office). Collection of articles based on materials from the scientific and practical round table. Rep. editor: E. Yu. Antonova. – Vladivostok, 2022. – pp. 131-133.
42. Savelyev N. A. Legal aspects of national security // In the collection: Security in the modern world. Materials of the III All-Russian scientific and practical conference with international participation. Rep. editor S. A. Bondareva. – Volgograd, 2021. – P. 326-333.
LAW ENFORCEMENT AUTHORITIES
MOTORINA Irina Stanislavovna
senior lecturer of Legal regulation of business and civil proceedings sub-faculty of the Moscow University for Industry and Finance “Synergy”
GENERAL TRENDS IN THE DEVELOPMENT OF CONCILIATION INSTITUTIONS OF THE RUSSIAN FEDERATION
The article highlights the problems faced by citizens in protecting their rights in the 21st century and the judicial systems of different countries. They are associated with overload of courts with claims and structural imbalances in conditions of instability of political relations and economic crisis. The work substantiates the need to find ways to popularize conciliatory institutions in judicial activities. The relevance of this topic lies in the fact that increasing the culture of reconciliation of the parties leads to strengthening social peace, “de-judicialization of disputes” and reducing the burden on the courts.
Keywords: justice, conciliatory institutions, reducing the load on the courts.
Bibliographic list of articles
1. Lebedev V. M. Scientific foundations of the modern Russian model of justice // Journal of Russian Law. – 2023. – No. 5. – P. 103-115.
2. Noskov I. Yu. On the issue of the concept of “judicial activity” // State and prospects for the development of the judicial system of the Russian Federation: Coll. scientific articles; edited by V. A. Terekhina, S. B. Pogodina. – Penza, 2014. – pp. 173-181.
3. Ershov V.V. Legal and individual regulation of public relations. Monograph. – Moscow: RGUP, 2018. – 627 p.
4. Petrukhin I. L., Baturov G. P., Morshchakova T. G. Theoretical foundations of the effectiveness of justice. – M.: Nauka, 1979. – 392 pp.
LAW ENFORCEMENT AUTHORITIES
SILANTJEV Alexander Vyacheslavovich
lecturer of Physical training sub-faculty of the Voronezh Institute of the MIA of Russia
GRISHCHENKO Andrey Sergeevich
Deputy Head of Physical training and sports sub-faculty of the Krasnodar University of the MIA of Russia
YUDIN Sergey Vladimirovich
senior lecturer of Physical training sub-faculty of the Educational and Scientific Complex of Special Training of the V. Ya. Kikot Moscow University of the MIA of Russia
ENSURING SECURITY AND LEGAL ORDER: THE EXPERIENCE AND MEASURES OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
This article presents an analysis of the actions of the Ministry of Internal Affairs of Russia in the context of special military operations. The article examines the adaptation of law enforcement activities to new threats that go beyond traditional methods of struggle. The measures taken to ensure security and legal order in educational organizations of the Ministry of Internal Affairs of Russia, including professional training of students, are highlighted. The article analyzes in detail the cunning methods used by the Ukrainian special services to destabilize the situation in Russia and harm civilians. The article describes the practical training of law enforcement officers for high-risk situations, including profiling methods and algorithms for detecting potential criminals. The importance of prompt and decisive actions of employees in the event of a threat to the safety of others is also emphasized. The article contains recommendations on effective interaction with citizens and support for personal safety in conditions of increased threat. In general, this article provides a valuable analysis of the experience of the Ministry of Internal Affairs of Russia and its applicability in ensuring security and law and order in conditions of special military operations.
Keywords: practical experience, in conditions of special military operations; arson of military commissariats; destabilization of the situation in the state; a police officer; the Ministry of Internal Affairs of Russia; a terrorist attack; professional training; relevance of training, security; law enforcement agencies public safety; national security; countering new threats; professional applied skills; patrol routes; basic profiling; developed and new technologies; fixed weapons; algorithm of actions; legitimate demands of a police officer; reflection of new threats that have arisen.
Bibliographic list of articles
1. Order of the Ministry of Internal Affairs of Russia dated July 1, 2017 No. 450 (as amended on July 27, 2020) “On approval of the Manual on the organization of physical training in the internal affairs bodies of the Russian Federation.” [Electronic resource]. – Access mode: http://www.consultant.ru (access date: 02/01/2024).
2. Order of the Ministry of Internal Affairs of Russia dated 05/05/2018 No. 275 (as amended on 01/10/2022) “On approval of the Procedure for organizing the training of personnel to fill positions in the internal affairs bodies of the Russian Federation.” [Electronic resource]. – Access mode: http://www.consultant.ru (access date: 02/01/2024).
3. Professional training of police officers: a textbook in 4 hours / Under the general editorship of V. L. Kubyshko. – M.: DGSK Ministry of Internal Affairs of Russia, 2020. Professional cycle. Part 1. – 536 p. – The text is immediate.
4. Shuldeshov L. S., Rodionov V. A., Uglyansky V. V. Fire training: a textbook. – Moscow: KNORUS, 2020. – Direct text.
5. Voronin S. M. [et al.]. Professional applied physical training: textbook for universities / Edited by N. A. Voronov. — 2nd ed., rev. and additional – Moscow: Yurayt Publishing House, 2023. – 140 p. – (Higher education). — ISBN 978-5-534-12268-8. — Text: electronic // Educational platform Urayt [website]. [Electronic resource]. – Access mode: https://urait.ru/bcode/518668.
6. Pozhalin V.N. [etc.]. Physical training of employees of the penal system: a textbook for secondary professionalsional education / Executive editor V. N. Pozhalin. — 2nd ed., rev. – Moscow: Yurayt Publishing House, 2023. – 276 p. – (Professional education). — ISBN 978-5-534-14657-8. — Text: electronic // Educational platform Urayt [website]. [Electronic resource]. – Access mode: https://urait.ru/bcode/518180.
7. Puzyrevsky R.V. [etc.]. Physical training as the main component of the physical culture of employees of the penal system: a textbook for universities / Edited by R. V. Puzyrevsky. — 2nd ed., rev. – Moscow: Yurayt Publishing House, 2022. – 276 p. – (Higher education). — ISBN 978-5-534-12866-6. — Text: electronic // Educational platform Urayt [website]. [Electronic resource]. – Access mode: https://urait.ru/bcode/495681.
LAW ENFORCEMENT AUTHORITIES
TONYSHEV Alexander Vladimirovich
Ph.D. in Law, associate professor of Personnel management and educational work sub-faculty of the Educational and Scientific Complex for Researching Problems of Personnel Work and Moral and Psychological Support of the Activity of Internal Affairs Bodies of the St. Petersburg University of the MIA of Russia
UDODOV Alexander Grigorjevich
Ph.D. in Law, associate professor of Legal regulation of entrepreneurial and applied jurisprudence sub-faculty of the Moscow Financial and Industrial University “Synergy”
EDUCATION OF THE CULTURE OF INTERETHNIC COMMUNICATION IN THE BODIES OF INTERNAL AFFAIRS
The content of the proposed article highlights the issues of the formation of a culture of interethnic communication. Considering that such a direction of educational activity in the internal affairs of bodies is carried out in strict dependence on the relevant legal regulation, the article analyzes the legal norms affecting the concepts of “national” and “interethnic”. The main means of forming a culture of interethnic communication are legal prohibitions and regulations, familiarization of employees with the rules that guide the communication of subjects of such communication to professional goals.
Keywords: education, interethnic communication, people, police, national identity, ethno-cultural competence.
Bibliographic list of articles
1. Nikolaeva N.V. Activities of police officers in a multi-ethnic society: conflictological aspect // Activities of law enforcement agencies in modern conditions: Collection of materials of the XXVII international scientific and practical conference, Irkutsk, June 03, 2022. – Irkutsk: East Siberian Institute of the Ministry of Internal Affairs of the Russian Federation, 2022. – P. 351-354. – EDN BSFATE.
2. Udodov G. A. Tolerance in relationships between students and teachers // Language. Culture. Communication: Materials of the All-Russian scientific and practical conference, St. Petersburg, November 29, 2022. – St. Petersburg: St. Petersburg University of the Ministry of Internal Affairs of the Russian Federation, 2022. – P. 99-103. – EDN KWLANC.
3. Udodov G. A., Demidov A. V. Respect for the individual in the educational process // Moral and psychological support for the activities of internal affairs bodies: modern approaches and development prospects: materials of the All-Russian scientific and practical conference, St. Petersburg, December 14, 2022 of the year / St. Petersburg University of the Ministry of Internal Affairs of Russia. – St. Petersburg: St. Petersburg University of the Ministry of Internal Affairs of the Russian Federation, 2022. – P. 274-277. – EDN FIMQYK.
LAW ENFORCEMENT AUTHORITIES
KHALILULLIN Fail Fargatovich
Ph.D. in psychological sciences, associate professor of Physical training sub-faculty of the Kazan Law Institute of the MIA of Russia
ZHABKIN Anton Sergeevich
Ph.D. in Law, senior lecturer of Tactical and special training sub-faculty of the Rostov Law Institute of the MIA of Russia, senior lieutenant of police
KARPOV Alexander Alexandrovich
senior lecturer of Physical training sub-faculty of the Voronezh Institute of the MIA of Russia, lieutenant colonel of police
MERKAZOVA Valentina Anatoljevna
lecturer of Special disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
ON THE MAIN DIRECTIONS OF TRAINING POLICE OFFICERS TO ACT IN SPECIAL CONDITIONS
In this article, the authors analyze the term “special conditions of service”, and also consider the main directions of training police officers to act in special conditions, in particular, the authors highlight the need to develop physical fitness, psychological stability , the development of knowledge from the field of tactical medicine and tactical special training, fire and legal training. Theauthors note that the training of police officers should be systematic and comprehensive.
Keywords: police officers, skills development, special conditions, physical training, psychological training.
Bibliographic list of articles
1. Krokhina Yu. V. Pedagogical conditions for training employees of the Ministry of Internal Affairs of Russia for the use of physical force and firearms // Modern education. – 2023. – No. 1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/pedagogicheskie-usloviya-podgotovki-sotrudnikov-mvd-rossii-k-primeneniyu-fizicheskoy-sily-i-ognestrelnogo-oruzhiya (date of access: 04/16/2024).
2. Ryzhkov P. S. Features of training employees of the Ministry of Internal Affairs for professional activities in special conditions. — Text: immediate // Young scientist. – 2024. – No. 3 (502). – pp. 411-413. [Electronic resource]. – Access mode: https://moluch.ru/archive/502/110297/ (date of access: 04/16/2024).
3. Slyshalov I.V. Special conditions in the activities of internal affairs bodies: approaches to understanding // Law and Politics. – 2019. – No. 5. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/osobye-usloviya-v-deyatelnosti-organov-vnutrennih-del-podhody-k-ponimaniyu (date of access: 04/22/2024).
4. Sadekov R.R. Pedagogical conditions for training employees of the Ministry of Internal Affairs of Russia to act in special conditions // Police activity. – 2023. – No. 1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/pedagogicheskie-usloviya-podgotovki-sotrudnikov-mvd-rossii-k-deystviyam-v-osobyh-usloviyah (date of access: 04/16/2024).
5. Tarasenko A. A., Alifanov Yu. N. Organizational aspects of ensuring personal safety of police officers when acting in special conditions // PPD. – 2021. – No. 3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/organizatsionnye-aspekty-obespecheniya-lichnoy-bezopasnosti-sotrudnikov-politsii-pri-deystviyah-v-osobyh-usloviyah (date of access: 04/16/2024).
6. Khaliullina L. I. Approaches to the definition of “Special conditions in police activities” and related terms // Proceedings of the Academy of Management of the Ministry of Internal Affairs of Russia. – 2013. – No. 1 (25). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/podhody-k-opredeleniyu-osobye-usloviya-v-deyatelnosti-politsii-i-smezhnyh-s-nim-terminov (date of access: 04/16/2024).
LAW ENFORCEMENT AUTHORITIES
KHOLOPOVA Tatyana Viktorovna
adjunct of Management of activities of public order protection units at the command and staff training sub-faculty of the Center Academy of Management of the MIA of Russia, Vladivostok, captain of justice
THE ROLE OF INTERNAL AFFAIRS BODIES IN THE SYSTEM OF LEGAL RELATIONS ARISING IN THE FIELD OF PREVENTIVE IMPACT
The prevention of offenses by the police is the activity of services, departments and employees of internal affairs bodies carried out within their competence, aimed at preventing crimes by identifying, eliminating or neutralizing the causes, conditions and circumstances conducive to their commission, providing preventive effects on persons with illegal behavior. The prevention of crimes by internal affairs bodies is carried out in order to protect the individual, society, and the state from criminal encroachments, counteract criminogenic processes in society, and ensure the containment and reduction of crime.
Keywords: crime prevention system, state policy in the field of internal affairs, announcement of an official warning, administrative punishment.
Bibliographic list of articles
1. Official website of the Ministry of Internal Affairs of the Russian Federation. – [Electronic resource]. – Access mode: http: // mvd.ru (date of access: 03/02/2023).
2. Official website of the President of the Russian Federation. – [Electronic resource]. – Access mode: http: // kremlin.ru (date of access: 03/02/2023).
3. Speech by the President of the Russian Federation V.V. Putin at an extended meeting of a colleague of the Ministry of Internal Affairs of Russia (February 17, 2022) // Official website of the President of the Russian Federation. – [Electronic resource]. – Access mode: http://kremlin.ru/events/president/news/67795 (date of access: 03/02/2023).
4. Kapinus O. S. Improving measures to prevent involvement in illegal and destructive activities // Laws of Russia: experience, analysis, practice. – 2022. – No. 4.
5. Podchernyaev A. N. Crime prevention as a priority activity of internal affairs bodies // Scientific Bulletin of the Oryol Law Institute of the Ministry of Internal Affairs of Russia named after V. V. Lukyanov. – 2018. – No. 2 (75).
6. Amelchakov I.F., Kataeva O.V. On the need to improve the legal basis for the prevention of domestic violence // Bulletin of Voronezh State University. Series: Law. – 2022. – No. 1. (14). – P. 188.
7. Shishkina O. E. New Law in the field of crime prevention in the Russian Federation: an attempt at a systematic approach // Administrative law and process. – 2022. – No. 7. – P. 38-41.
LAW ENFORCEMENT AUTHORITIES
TSARKOVA Evgeniya Gennadjevna
Ph.D. in physical and mathematical sciences, leading researcher of the Department for the Study of the problems of employment of convicts and economic problems of the functioning of the penitentiary system of the Center for the Study of Problems of management and organization of the execution of sentences in the Penitentiary System of the Federal State Institution “Research Institute of the Federal Penitentiary Service”
THE USE OF MACHINE LEARNING IN LAW ENFORCEMENT AGENCIES IN CRIME FORECASTING: FOREIGN EXPERIENCE
Criminological forecasting is an effective tool for reducing the risks of recidivism and improving the safety of citizens. In modern conditions of digital transformation of public administration, data-based solutions are becoming increasingly important. The availability of effective mathematical algorithms for the collection and processing of statistical information is an essential condition for the possibility of building predictive models in the field of criminology. The use of machine learning methods is becoming mainstream in crime forecasting, however, it requires the availability of data with the necessary indicative composition. Using the experience of foreign countries as an example, the paper examines the areas of application of artificial intelligence methods in crime forecasting. Special attention is paid to the constraining factors of the widespread introduction of machine learning methods into law enforcement. The directions of domestic research in the field of predictive analytics in the activities of law enforcement agencies are determined.
Keywords: security, criminological forecasting, crime, machine learning, artificial intelligence, Penal System of Russian Federation.
Bibliographic list of articles
1. Zorina N. S. Crime factors in the field of computer technology // 25 years of experience in the application of the Criminal and Penal Codes of the Russian Federation: problems and development prospects: Collection of materials from the round table within the framework of the XII Perm Congress of Legal Scientists, Perm, 29 October 2022. Perm: Perm Institute of the Federal Penitentiary Service of Russia, 2022. pp. 45-47.
2. Zorina N. S. The concept of crimes committed with the use of information and telecommunication technologies // Bulletin of the FKU NIIIT FSIN of Russia: Scientific and practical edition. Issue 5. Tver: FKU NIIIT FSIN of Russia, 2022. P. 34-37.
3. Dremlyuga R.I., Reshetnikov V.V. Legal aspects of the use of predictive analytics in law enforcement // Asia-Pacific region: economics, politics, law. 2018. No. 3. P. 133-144.
4. Tsarkova E. G. Development of machine learning models for identifying cyber attacks on departmental information resources // Scientific and Technical Bulletin of the Volga Region. 2023. No. 12. P. 410-413.
5. Bennett M. L., Chan J. Algorithmic prediction in policing: Assumptions, evaluation, and accountability / Policing and Society. 2016. R. 806-822.
6. Camacho-Collados M., Liberatore F. A decision support system for predictive police patrolling / Decision Support Systems. 2015. R. 25-37.
7. Perry W. L. Predictive policing: The role of crime forecasting in law enforcement operations. Santa Monica: Rand Corporation, 2013. RUB 145
PROSECUTORAL SUPERVISION
IVANOVA Irina Anatoljevna
magister student of the Faculty of Law of the M. K. Ammosov North-Eastern Federal University, Yakutsk
YAKOVLEV Nikolay Mikhaylovich
Ph.D. in Law, associate professor of Arctic law, Asia pacific law sub-faculty and Criminal law sub-faculty of the Faculty of Law of the M. K. Ammosov North-Eastern Federal University, Yakutsk, honored lawyer of the Russian Federation, honored lawyer of the Republic of Sakha (Yakutia)
PROSECUTORAL SUPERVISION OVER THE EXECUTION OF LEGISLATION ON AIR PROTECTION
Atmospheric air is a vital element of the environment, which contains a mixture of atmospheric gases. For this reason, ensuring everyone’s constitutional right to a healthy environment is of particular importance. Increasingly, in matters of atmospheric air protection, importance is attached to prosecutorial supervision. , within the framework of this article, the features of prosecutorial supervision over the implementation of Russian legislation on the protection of atmospheric air thus will be considered. The subject, goals and objectives of prosecutorial supervision over the implementation of legislation on atmospheric air protectionare determined. Measures aimed at increasing the efficiency of prosecutorial supervision in this area are proposed.
Keywords: supervision, prosecutorial supervision, legislation, Russian legislation, security, protection of atmospheric air.
Bibliographic list of articles
1. Artemchenkova L. M., Neka L. I. Prosecutor’s supervision over the implementation of legislation on the protection of atmospheric air // Current issues of modern science. – 2019. – No. 4 (20). – pp. 42-45.
2. Chelpanova M. M. Legal regulation of the implementation of prosecutorial supervision over the implementation of legislation on environmental protection // Crimean legal readings. Russian Prosecutor’s Office: on the eve of the 300th anniversary, 2021. – pp. 197-202.
SAFETY AND LAW
ALEXEEV Artem Mikhaylovich
lecturer of Fire and tactical special training sub-faculty of the Ufa Law Institute of the MIA of Russia
CHERNEYKIN Pavel Petrovich
lecturer of the Cycle of Cynology of the Ufa School for the Training of Dog Handlers of the MIA of Russia
BEREZOVIKOV Evgeniy Vladimirovich
lecturer of Physical training sub-faculty of the Far Eastern Law Institute of the MIA of Russia, Vladivostok
ON THE ISSUE OF APPLICATION OF SECURITY MEASURES “PERSONAL PROTECTION, SECURITY OF HOME AND PROPERTY”
This article discusses the main problems related to the implementation of their practical activities by police officers working in the Department of state protection. In particular, the issues of the application of state protection measures in compliance with personal security measures. Thus, in the article under consideration, the main tactical techniques of the unit for ensuring the safety of persons participating in criminal proceedings were reflected. The main key to the success of activities aimed at eliminating and exposing the threat carrier is psychology, fire and tactical special training. There are quite a lot of subtleties, taking as a basis, actions in case of injury to the protected person, various diseases, fire contact and so on. As well as the decision-making time in case of a threat from third parties. This list of tactical, special and other actions is not limited and requires further study.
Keywords: briefing, threat carrier, situation, firearms, physical protection, inspection of vehicles, explosive devices.
Bibliographic list of articles
1. Petrov P. S. Problematic aspects of improving fire training for government employees // Current problems of the state and society in the field of ensuring the rights and freedoms of man and citizen (dedicated to the adoption of the Universal Declaration of Human Rights): collection of materials of the International Conference, Ufa, December 08, 2022 . – Ufa: Ufa Law Institute of the Ministry of Internal Affairs of the Russian Federation, 2022. – P. 277-281. – EDN DEPNTJ.
2. Petrov P. S., Didorenko N. N., Fakov A. M. Prospective directions for improving fire training for law enforcement officers // Eurasian Legal Journal. – 2022. – No. 9 (172). – pp. 415-416. – EDN EXFIEH.
3. Marusin I. G., Alekseev A. M. Tactics of action when applying measures of state protection depending on the situation and the nature of the real // Issues of improving physical, tactical-special and fire training of police officers for operational work: materials of the All-Russian scientific -practical conference, Volgograd, June 21, 2023. Volume Issue 6. – Volgograd: Volgograd Academy of the Ministry of Internal Affairs of the Russian Federation, 2023. – P. 177-182. – EDN IPZNOY.
SAFETY AND LAW
ROMANOV Anton Alexandrovich
Ph.D. in Law, Deputy Head of Fire and special tactical training sub-faculty of the Ufa Law Institute of the MIA of Russia
ON IMPROVING THE LEGAL REGULATION OF THE USE OF WEAPONS BY EMPLOYEES OF SECURITY UNITS ENSURING THE SAFETY OF PERSONS SUBJECT TO STATE PROTECTION
The activities of employees of departments to ensure the safety of persons subject to state protection have significant differences from other police officers, including in situations involving the use of weapons. At the same time, the current provisions of Federal Law No. 3-FZ dated 02/07/2011 “On the Police” do not fully take into account this specificity, which in situations where weapons are used complicates the activities of employees of these units, does not contribute to the effective solution of their tasks and personal safety . The solution to these problems is seen in the introduction of amendments and additions proposed by the author to the law.
Keywords: state protection, use of weapons, protected person, threat carrier, priority task.
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.
2. Noskov O. S. Current aspects of law enforcement activities in terms of legal regulation of the use of firearms by law enforcement officers // Bulletin of the Ufa Law Institute of the Ministry of Internal Affairs of Russia. – 2019. – No. 4 (86). – pp. 103-109.
3. Romanov A. A., Muzafin R. R., Akhiyarov R. A., Davletov V. I. Problems and algorithms for ensuring personal safety of internal affairs officers in situations involving the use of firearms: educational and practical manual. – Ufa: Ufa Judicial Institute of the Ministry of Internal Affairs of Russia, 2020. – 38 p.
SAFETY AND LAW
FEDOSOV Artyom Vasiljevich
Ph.D. in technical sciences, associate professor of the Ufa State Petroleum Technical University
VALITOVA Karina Alfredovna
magister student of the Ufa State Petroleum Technical University
VALEEV Rustem Ilfatovich
magister student of the Ufa State Petroleum Technical University
NAZMUTDINOV Ainur Azamatovich
magister student of the Ufa State Petroleum Technical University
ANALYSIS OF PROBLEMS IN THE WORK OF A LABOR PROTECTION SPECIALIST
It’s no secret that there is a wide range of problems in the world of occupational safety and health. Ensuring workplace safety is not an easy responsibility, and it can become overwhelming for professionals working in this field.
In this article, we have reviewed the main, most frequently mentioned problems faced by occupational safety specialists and managers in their work to create a safe working environment for everyone.
The purpose of this study is to identify and analyze problems in the work of an occupational safety specialist, classify them and propose methods for solving the identified problems. The work is based on a statistical research method. The object of this study is occupational safety specialists working in the oil and gas industry.
This article concludes with solutions to overcome these problems. In our opinion, every company should take a course to optimize the work of an occupational safety specialist and improve the safety culture at work.
Keywords: occupational safety, occupational safety specialist, problems, safety improvement.
Bibliographic list of articles
1. Vadulina N.V., Litvinova V.I., Konstantinova O.V., Ismagilov M.I., Ismatov Zh.F. Comparative analysis of the concepts of industrial safety culture, // Labor Safety in Industry. – 2021. – No. 9. – P. 20-25.
2. Vadulina N.V., Kiraeva A.A. Behavioral safety audit – a method for increasing the efficiency of the occupational safety management system // Scientific aspect. – 2023. – No. 12. – P. 240-247.
3. Fedosov A.V., Tazhetdinova A.A., Tazhetdinova A.A., Ganiev A.M. Problems of labor protection legislation and ways to solve them // Eurasian Legal Journal. – 2023. – No. 9 (184). – pp. 241-242.
4. Fedosov A.V., Tazhetdinova A.A., Nasibullina V.A., Konstantinova O.V. Analysis of the requirements of the legislation of the Russian Federation in the field of training in occupational safety issues // Eurasian Legal Journal. – 2023. – No. 4 (179). – pp. 395-396.
5. Fedosov A.V., Fedosova E.A., Vasilyeva A.I. Changes in labor protection legislation over the last year // Millionshchikov-2023. – 2023. – pp. 335-338.
6. Abdrakhmanov N. Kh., Abdrakhmanova K. N., Vorokhobko V. V., Shaibakov R. A. Current state of development of a methodology for analyzing system risks in the design and operation of oil and gas equipment of hazardous production facilities // Oil and Gas Business. – 2014. – No. 3. – P. 359-376.
SAFETY AND LAW
LYUEV Tembot Khabasovich
senior lecturer of Internal affairs in special conditions sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia, lieutenant colonel of police
PROBLEMS OF INTERNATIONAL COOPERATION OF STATES IN COUNTERING TERRORISM
This article examines the main problems of international cooperation between states in countering terrorism. The normative legislatives for solving the issue of terrorism and methods of combating them are compared. It is proposed to review and improve the legal support for anti-terrorist cooperation between States at the international and regional levels in order to increase the effectiveness of the international fightagainst terrorism.
Keywords: terrorism, extremism, Russian and foreign legislation, public danger, counteraction, cyberterrorism, prevention of extremist crime.
Bibliographic list of articles
1. Institute of Economics and Peace. Official site. Global Terrorism Index 2024. Measuring the impact of terrorism. [Electronic resource]. – Access mode: https://www.economicsandpeace.org/reports/ (date of access: 04/20/2024).
2. Paliy V.M., Grishai E.V., Lyudkevich Yu.N. General social measures to counter the spread of the ideology of extremism and terrorism // Criminological Journal. – 2022. – No. 4. – P. 141-144.
3. Bitov A. A., Prokhorov K. A. Countering terrorism as one of the components of comprehensive security at the present stage // Current issues of fire and tactical-special training of employees of internal affairs bodies: Collection of scientific articles based on the results of the interuniversity scientific-practical conference, Nizhny Novgorod, May 15, 2019. – Nizhny Novgorod: Publishing and printing company “New Time” (Cheboksary), 2019. – P. 34-37.
4. Expert on the protection of the CIS countries: the highest priority is the fight against international evil, terrorism. [Electronic resource]. – Access mode: https://ctv.by/ekspert-o-zashchite-stran-sng-samoe-prioritetnoe-napravlenie-borba-s-mezhdunarodnym-zlom-terrorizmom (date of access: 04/20/2024)
5. Bezborodov A. S. Trend in the development of the fight against international terrorism in international law // Current issues of state and law at the current stage of development of society. Collection of materials of the International scientific and practical conference among students, undergraduates and graduate students. – Perm, 2022. – pp. 13-15.
6. Abazov I. S. On ways to counter cyberterrorist threats // Journal of Applied Research. – 2022. – T. 2. No. 6. – P. 178-181.
7. RIA Novosti. Putin called it unacceptable to use terrorists for political interests. [Electronic resource]. – Access mode: https://ria.ru/20160805/1473667679.html (access date: 04/20/2024)
8. Kankulov A. Kh., Kazak I. B. Terrorism as a subject of research in Russian and foreign criminal legislation // Agrarian and land law. – 2023. – No. 8 (224). – pp. 96-100.
9. Korolkov D. N. International terrorism as a modern trend in the development of international law // Current issues of state and law at the current stage of development of society. Collection of materials of the International scientific and practical conference among students, undergraduates and graduate students. Perm, 2022. -S. 213-217.
EDAGOGY AND LAW
BUKHTOYAROV Ivan Ivanovich
senior lecturer of Fire training sub-faculty of the Voronezh Institute of the MIA of Russia, lieutenant colonel of police
LINEVICH Yan Vladimirovich
lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia, major of police
MARTYNYUK Sergey Nikolaevich
lecturer of Special disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, Simferopol, major of police
LITVINENKO Alexander Alexandrovich
lecturer of Tactical and special training sub-faculty of the Rostov Law Institute of the MIA of Russia, junior lieutenant of police
TEACHING METHODS USED IN EDUCATIONAL ORGANIZATIONS OF THE MINISTRY OF INTERNAL AFFAIRS
This article discusses the importance of choosing methods of study at universities of the Ministry of Internal Affairs of Russia, in order to improve the quality of training of future police officers. The authors discuss the roles of interactive and active teaching methods in the context of modern education acquired in departmental universities. The use of the presented methods contributes not only to the assimilation of educational material, but also to the development of communication skills, critical thinking and the ability to make effective decisions in conditions of time shortage, in extreme situations. The article emphasizes the importance of further research in this area to optimize the educational process and improve the quality of training of the Ministry of Internal Affairs of the Russian Federation.
Keywords: teaching methods, interactive methods, active methods, passive methods, educational process, business game.
Bibliographic list of articles
1. Kirillova T.V., Mishchuk A.M. Pedagogical potential of the disciplines of the “fire training” course to increase the effectiveness of training cadets in shooting skills from service weapons // Bulletin of the Kuzbass Institute. – 2017. – No. 4 (33). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/pedagogicheskiy-potentsial-distsiplin-kursa-ognevoy-podgotovki-dlya-povysheniya-effektivnosti-obucheniya-kursantov-navykam-strelby-iz (date of access: 04/20/2024).
2. Klimovsky A. S., Skorobogatova M. R. Visualization as one of the main teaching methods in the system of professional training of employees of the Ministry of Internal Affairs of Russia // Scientific notes of the Crimean Federal University named after V. I. Vernadsky. Sociology. Pedagogy. Psychology. – 2022. – No. 4 (74). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/naglyadnost-kak-odin-iz-osnovnyh-metodov-obucheniya-v-sisteme-professionalnoy-podgotovki-sotrudnikov-mvd-rossii (access date: 04/16/2024 ).
3. Marchenko G.V., Soshnikova I.A. Application of educational teaching methods in educational organizations of the Ministry of Internal Affairs of Russia // Bulletin of St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2020. – No. 3 (87). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/primenenie-metodov-vospityvayuschego-obucheniya-v-obrazovatelnyh-organizatsiyah-mvd-rossii (date of access: 04/16/2024).
4. Nesmelov P.V., Lavrova M.S., Sivoronov D.I. Modern trends in the development of tactical and special training in educational organizations of the Russian Ministry of Internal Affairs // Bulletin of Economic Security. – 2021. – No. 1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sovremennye-tendentsii-razvitiya-taktiko-spetsialnoy-podgotovki-v-obrazovatelnyh-organizatsiyah-sistemy-mvd-rossii (date of access: 04/16/2024).
5. Ruskova Yu. N. The essence and content of interactive learning technologies as a means of developing professional competencies among cadets of educational organizations of the Ministry of Internal Affairs of Russia // Materials of the XI International Student Scientific Conference “Student Scientific Forum”. [Electronic resource]. – Access mode: https://scienceforum.ru/2019/article/2018017605 (date of access: 04/16/2024).
EDAGOGY AND LAW
ZHABKIN Anton Sergeevich
Ph.D. in Law, lecturer of Tactical and special training sub-faculty of the Rostov Law Institute of the MIA of Russia, senior lieutenant of police
STAROSTIN Vadim Gennadjevich
senior lecturer of Physical training sub-faculty of the Kazan Law Institute of the MIA of Russia
MELNIK Kirill Andreevich
senior lecturer of Tactical and special training sub-faculty of the Voronezh Institute of the MIA of Russia, lieutenant colonel of police
RODITELEVA Yana Nikolaevna
senior lecturer of Special disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, lieutenant colonel of police
THE ROLE OF AN INTEGRATED APPROACH IN SHAPING THE READINESS OF FUTURE POLICE OFFICERS FOR PROFESSIONAL ACTIVITY
This article examines the role of the integrated approach in the formation of professionally significant qualities of future police officers and their readiness for future professional activities. The authors draw attention to the importance of implementing interdisciplinary connections in the process of training cadets and students of universities of the Ministry of Internal Affairs. The article discusses various aspects of readiness formation, such as tactical and special training, physical training, fire training, legal training. The study highlights the importance of using the situational method in the process of training cadets and trainees, which allows them to form the necessary skills, knowledge and skills for the effective performance of official duties by future police officers.
Keywords: police officers, integrated approach, interdisciplinary communication, situational method, skills development.
Bibliographic list of articles
1. Kalinin S.V., Morozov V.A., Chernov Yu.N. Kalinin S.V., Morozov V.A., Chernov Yu.N. An integrated approach to training personal safety of police officers // Philological Sciences. Questions of theory and practice. – 2017. – No. 7-3 (73). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kompleksnyy-podhod-pri-obuchenii-lichnoy-bezopasnosti-sotrudnikov-politsii (date of access: 04/23/2024).
2. Nikishin E. S., Pakhomov V. I. Legal foundations and problematic issues of the use of firearms, special means and combat techniques in combat by police officers // Science-2020. – 2022.- No. 4 (58). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/pravovye-osnovy-i-problemnye-voprosy-primeneniya-ognestrelnogo-oruzhiya-spetsialnyh-sredstv-i-boevyh-priemov-borby-sotrudnikami (access date: 23.04 .2024).
3. Nikonorov E. A. Tactical-special training as an element of combat training in the internal affairs department // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2010. – No. 9. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/taktiko-spetsialnaya-podgotovka-kak-element-boevoy-podgotovki-v-ovd (date of access: 04/23/2024).
4. Pechunov A. Yu. An integrated approach to preparing cadets for armed confrontation on the basis of an inter-cathedral training ground // Bulletin of the BelYUI Ministry of Internal Affairs of Russia. – 2009. – No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kompleksnyy-podhod-k-podgotovke-kursantov-k-vooruzhennomu-protivoborstvu-na-baze-mezhkafedralnogo-poligona (date of access: 04/23/2024).
5. Sinyansky V. A., Kalenik R. S., Afinogenov T. P. Professional training of police officers in foreign countries, advanced experience, modern technologies // ANI: pedagogy and psychology. – 2020. – No. 1 (30). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/professionalnaya-podgotovka-politseyskogo-v-zarubezhnyh-stranah-peredovoy-opyt-sovremennye-tehnologii (date of access: 04/23/2024).
6. Startsev A. M. On the issue of an integrated approach to improving professional service and physical training of employees of internal affairs bodies // Bulletin of Economic Security. – 2018. – No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/k-voprosu-o-kompleksnom-podhode-k-sovershenstvovaniyu-professionalnoy-sluzhebnoy-i-fizicheskoy-podgotovki-sotrudnikov-organov (access date: 04/23/2024 ).
EDAGOGY AND LAW
KIKTEV Alexander Valerjevich
lecturer of Criminalistics sub-faculty of the Training and Scientific Complex of Preliminary Inquiry in Law Enforcement Agencies of the Volgograd Academy of the MIA of Russia
CHETVEROUS Alexey Nikolaevich
senior lecturer of Fire and physical training sub-faculty of the Volgodonsk branch of the Rostov Law Institute of the MIA of Russia
DIGITAL TRANSFORMATION OF EDUCATION. DIGITAL DIDACTICS, DIGITAL LITERACY AND THE FORMATION OF DIGITAL COMPETENCIES
Currently, the training of law enforcement officers is becoming digitally promising in development and highly technologically advanced. The development of new technologies every year requires making decisions that would be most relevant. At the same time, law enforcement officers should already have interdisciplinary skills and the ability to adapt to the period of digitalization of society in order to have the necessary level of digital competencies.
Keywords: digital transformation, digital didactics, digital literacy, law enforcement officers, new technologies, artificial intelligence, digital platforms.
Bibliographic list of articles
1. What is digital transformation? [Electronic resource]. – Access mode: https://trends.rbc.ru/trends/innovation/5d695a969a79476ed81148ef (date of access: 02/14/2024).
2. What is digital literacy and why do you need it. [Electronic resource]. – Access mode: https://skillbox.ru/media/business/chto-takoe-tsifrovaya-gramotnost-i-pochemu-ona-vam-nuzhna/ (date of access: 02.14.2024).
3. Amani Smathers R. The T-shaped Lawyer and Beyond: Rethinking legal professionalism and legal education for contemporary societies // ABA Law Practice Magazine “Big Ideas Issue”. – 2014. – P. 126.
4. Dellermann D., Calma A., Lipusch N., Weber T., Weigel S., & Ebel P. The Future of Human-AI Collaboration: A Taxonomy of Design Knowledge for Hybrid Intelligence Systems // Hawaii International Conference on System Sciences (HICSS). – Hawaii, USA, 2019. – R. 11.
5. Janet L. Kolodner, Michael T. Cox, Pedro A. Gonzalez-Calero Case-based reasoning-inspired approaches to education // The Knowledge Engineering Review. – Cambridge University Press, 2005. – P. 1-4.
6. Scheer A., Noweski Ch., Meinel Ch. Transforming Constructivist Learning into Action: Design and Technology // Education: an International Journal. – 2012. – No. 17 (3). – P.8-19.
7. Valerie J. Shute, Rim Razzouk. What Is Design Thinking and Why Is It Important? // Review of Educational Research, 2012. – No. 82 (3). – R. 330-348.
EDAGOGY AND LAW
KRAVCHENKO Oleg Georgievich
senior lecturer of Special disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, Simferopol, lieutenant colonel of police
KOVALEV Timur Vitaljevich
lecturer of Fire training sub-faculty of the Siberian Law Institute of the MIA of Russia, Krasnoyarsk, senior lieutenant of police
GUSAK Vladimir Vladimirovich
lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia, lieutenant colonel 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
THE USE OF INNOVATIVE TECHNOLOGIES IN CONDUCTING FIRE TRAINING CLASSES AT UNIVERSITIESOF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
This article examines the use of modern technologies in the process of teaching fire training to cadets and university students of the Ministry of Internal Affairs of Russia. The authors emphasize the importance of using virtual shooting simulators to teach cadets and students the basics of shooting and tactics of using weapons in situations of official necessity. The main focus is on creating maximally realistic scenarios that allow cadets to immerse themselves in conditions similar to real service situations. The principle of operation of shooting simulators and their role in the formation of skills and moral and psychological stability of future law enforcement officers is also considered.
Keywords: fire training, shooting simulator, skill development, weapons, use of weapons, training of cadets.
Bibliographic list of articles
1. Vasilyeva T. B. The use of electronic shooting simulators in the methodology of teaching fire training in educational organizations of the Ministry of Internal Affairs of Russia // Scientific component. – 2019. – No. 3 (3). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ispolzovanie-elektronnyh-strelkovyh-trenazherov-v-metodike-prepodavaniya-ognevoy-podgotovki-v-obrazovatelnyh-organizatsiyah-mvd (date of access: 05/01/2024).
2. Domracheva E. Yu., Ilyakhina O. Yu., Karaulova E. A. Application of modern technical means in conducting fire training classes for cadets and students of educational organizations of the Ministry of Internal Affairs // Epoch of Science. – 2020. – No. 22. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/primenenie-sovremennyh-tehnicheskih-sredstv-pri-provedenii-zanyatiy-po-ognevoy-podgotovki-kursantov-i-slushateley-obrazovatelnyh (access date: 05/01/2024 ).
3. Zakharova I. N. Organization of classes and the use of modern technologies during fire training classes / I. N. Zakharova, V. S. Matievsky. — Text: immediate // Young scientist. – 2023. – No. 17 (464). — P. 101-102. [Electronic resource]. – Access mode: https://moluch.ru/archive/464/102086/ (date of access: 05/01/2024).
4. Karavaeva E. M. Features of teaching the discipline “fire training” // Bulletin of the Chelyabinsk State University. Education and healthcare. – 2022. – No. 4 (20). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/osobennosti-prepodavaniya-distsipliny-ognevaya-podgotovka (date of access: 05/01/2024).
5. Pakhomov R.V. Issues of fire training of cadets of educational organizations of the Ministry of Internal Affairs of Russia within the framework of their education and professional training // Bulletin of Economic Security. – 2021. – No. 5. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/voprosy-ognevoy-podgotovki-kursantov-obrazovatelnyh-organizatsiy-mvd-rossii-v-ramkah-ih-obucheniya-i-professionalnoy-podgotovki (access date: 01.05 .2024).
6. Prekina T. A., Gvozdev A. K., Mudrik I. A. Mastering fire training by cadets of the Ministry of Internal Affairs in the modern world using innovative technologies // Epoch of Science. – 2020. – No. 23. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/osvoenie-ognevoy-podgotovki-kursantami-mvd-v-sovremennom-mire-s-primeneniem-innovatsionnyh-tehnologiy (date of access: 05/01/2024).
EDAGOGY AND LAW
KUZNETSOV Alexander Vladimirovich
lecturer of Special disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, major of police
IDRISOV Idris Kerimovich
senior lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia, captain 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
LESHCHEV Alexander Igorevich
lecturer of Tactical and special training sub-faculty of the Voronezh Institute of the MIA of Russia, senior lieutenant of police
PEDAGOGICAL FOUNDATIONS OF THE USE OF INNOVATIVE TECHNOLOGIES IN THE EDUCATIONAL PROCESS OF THE UNIVERSITY OF THE MINISTRY OF INTERNAL AFFAIRS
In this article, the authors explore the issue of the use of innovative technologies in education. The authors consider various types of innovative technologies used in the educational process and present specific examples of their application in the higher education system.
The article analyzes in detail the pros and cons of using innovative technologies, highlights current trends in education and provides recommendations for the successful integration of new technologies into the educational process of the university. The necessity of maintaining a balance between traditional and innovative teaching methods in order to achieve the most effective results are considered.
In conclusion, the authors conclude that the effective use of innovative technologies in education requires an integrated approach, adaptation to the specific needs of students and continuous development.
Keywords: innovative technologies, educational technologies, educational process, interactive teaching methods.
Bibliographic list of articles
1. Al Bairmani Ali Ganim Innovative technologies in education // Globe: psychology and pedagogy. – 2020. – No. 2 (37). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/innovatsionnye-tehnologii-v-obrazovanii-4 (date of access: 04/11/2024).
2. Amonov Kh. N. Introduction to innovative technologies // Problems of Science. – 2020. – No. 11 (156). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/vvedenie-v-innovatsionnye-tehnologii (date of access: 04/11/2024).
3. Artamonova E. S., Nefedova V. N. Innovative technologies in education // Innovative science. – 2023. – No. 11-2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/innovatsionnye-tehnologii-v-obrazovanii-11 (date of access: 04/11/2024).
4. Stukalenko N. M., Lepeshev D. V., Prosandeeva I. A. Innovative technologies in higher professional education // NIR/S&R. – 2022. – No. 4 (12). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/innovatsionnye-tehnologii-v-vysshem-professionalnom-obrazovanii (date of access: 04/11/2024).
5. 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 // Bulletin of 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: 04/11/2024).
EDAGOGY AND LAW
MADZHUGA Anatoliy Gennadjevich
Ph.D. in pedagogical sciences, professor, Head of Pedagogy, psychology and health care sub-faculty of the Institute of Education Development of the Republic of Bashkortostan, Ufa
AZHIEV Akhmed Vakhaevich
Ph.D. in pedagogical sciences, professor, Vice-rector for Social, Educational Work and Public Relations of the Chechen State Pedagogical University, Grozny
THE METHODOLOGY OF THE VALUE-COMPETENCE APPROACH IN THE CONTEXT OF MILITARY-PATRIOTIC EDUCATION OF STUDENTS
The article presents the theoretical and methodological foundations of a new approach – value-competence approach and shows its role in the system of military-patriotic education of students. The authors define the essential characteristics of the value-competence approach and propose a descriptive matrix that acts as a framework for military-patriotic education of students. Special attention is paid to the consideration of the functional principles of the value-competence approach, on which the system of military-patriotic education of students is based. An important result of the research is the definition of the functions of the value-competence approach as a methodological regulatory, which are designed to: axiologize education, bring to the level of understanding the hierarchy of motives, needs; determine ethical and moral values as a conscious necessity; help bridge the gap between emotional and descriptive factors; implement the idea of social activity of a person and ethical values in the context of her life; to spread the ideas of humanism.
Keywords: value-competence approach, values, competencies, descriptive matrix, principles of value-competence approach, patriotism, military-patriotic education.
Bibliographic list of articles
1. Galina A.P. Modernization of the values of modern Russian society: ideological aspect. – Omsk, 2010. – 326 pp.
2. Vyrshchikov A. N., Kusmartsev B. M. Patriotic education of youth in modern Russian society. – Volgograd, 2006. – [Electronic resource]. – Access mode: http://www.vounb.volgograd.ru/CLNVR/library/Kusmarzev/Patrioticheskoe_vospitanie_covremennoi_molodegi.pdf (date of access: 04/03/2024).
3. Evtikhov O. V. Relevance and contradictions of introducing the value-competence approach into the system of higher education // Bulletin of the Siberian Law Institute of the Ministry of Internal Affairs of Russia. – No. 3(24). – 2016. – pp. 34-39.
4. 2020 indicators for education within the framework of the “Europe 2020” strategy Data from March 2016. Planned article update: May 2017. – [Electronic resource]. – Access mode: https:// https://www.spbstu.ru/upload/inter/indicators-education-2020-Europe-strategy.pdf [Electronic resource] (date of access: 04.14.2024).
5. Lugovinov V.I. System of patriotic education: state, problemsand directions of development. – [Electronic resource]. – Access mode: http://fpvestnik.ru/patriotizm-segodnya/sistema-patrioticheskogo-vospitaniyasostoyanie-problemy-i-napravleniya-razvitiya/ (date of access: 04/03/2024).
6. Pryamikova E. V. Competence-based approach in the modern educational space. Functional and structural content. Abstract of the dissertation for the degree of Doctor of Sociological Sciences. – Ekaterinburg, 2012. – 35 p.
7. Strategy for the development of education in the Russian Federation for the period until 2025: approved. by order of the Government of the Russian Federation of May 29, 2015 No. 996-r. – [Electronic resource]. – Access mode: http://static.government.pdf (date of access: 04/03/2024).
8. Magun V., Rudnev M., Schmidt P. A Typology of European Values and Russians’ Basic Human Values // Sociological Reserach. – 2017. – Vol. 56. Issue 2. – Pr. 149-180. Published online: 11 Oct 2017.
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”
MORAL AND PATRIOTIC EDUCATION OF JUVENILE CONVICTS SERVING SENTENCES IN EDUCATIONAL COLONIES
Within the framework of this article, the analysis of the features of the moral and patriotic education of juvenile convicts serving sentences in educational colonies is carried out. Concepts such as patriotism and patriotic education are revealed. The author also describes the tasks of moral and patriotic education. The article provides a critical assessment of current research on this topic. Special attention is paid to the need to ensure the high quality of research conducted in the subject area under consideration.
Keywords: minor, morality, patriotism, crime, values, educational colonies.
Bibliographic list of articles
1. Dodueva O. F. Moral and patriotic education of juvenile convicts serving sentences in educational colonies // Perspectives of science. – 2020. – No. 11 (134). – pp. 25-27.
2. Yolkin S. M., Kosova A. A. On the content of the concepts of “patriotism” and “patriotic education” // Bulletin of the Novgorod State University. Yaroslav the Wise. – 2017. – No. 1 (99). – pp. 14-16.
3. Zautorova E. V. The role of patriotic education of convicts in places of deprivation of liberty // Theoretical and practical problems of the development of the penal system in the Russian Federation and abroad. – 2018. – P. 325-335.
4. Tarasova O. A. Aspects of moral and patriotic education of adolescents // Moral values and the future of humanity. – 2021. – pp. 66-68.
EDAGOGY AND LAW
POPOVA Natalya Vladimirovna
Ph.D. in pedagogical sciences, associate professor of Theoretical foundations of physical education sub-faculty of the Altai State Pedagogical University, Barnaul
ZHELONKIN Vadim Viktorovich
postgraduate student of the Altai State Pedagogical University, lecturer of Physical training sub-faculty of the Barnaul Law Institute of the MIA of Russia
TATARNIKOV Semyon Alexeevich
senior lecturer of Physical training sub-faculty of the Far Eastern Law Institute of the MIA of Russia, Vladivostok
PROBLEMS OF STUDYING LEGAL DISCIPLINES IN PEDAGOGICAL UNIVERSITY
The article reveals the theoretical and practical aspects of the problem of studying legal disciplines in a pedagogical university. The specificity of studying legal disciplines is, first of all, determined by the fact that they begin to be taught from the first year, with the gradual formation and development of students’ legal knowledge, skills and abilities of independent application of legal norms to solve problem situations and the foundations of the legal culture of legal ethics. Therefore, 1st year of study can be called a leveling course. In this regard, in their experimental research, the authors developed special techniques and methods of working with students that make it possible to eliminate gaps in legal knowledge and, if possible, overcome difficulties in obtaining it. The authors conclude that in the process of integrating subject areas and using the Consultant Plus legal reference system, a fundamentally new approach to the study of legal knowledge is being created. In their study, the authors propose to use this course in the educational process as a basic element, and recommend the concept contained in it for replication as an innovative approach in the educational cycle, enhancing the professional readiness of graduates.
Keywords: legal disciplines, legal regulation, motivation process, pedagogical methods and techniques, non-standard tasks, informatization process.
Bibliographic list of articles
1. Bayankina D. E. Organizational features of students’ independent work in the process of stimulating cognitive activity // World of science, culture, education. – 2016. – No. 6 (61). – pp. 126-129.
2. Zhelonkin V.V., Zavgorodniy A.G. Programmed educational materials as didactic means of active cognitive activity of students // Eurasian Legal Journal. – 2021. – No. 4 (155). – pp. 423-425.
3. Zhelonkin V.V., Zavgorodniy A.G. Practical experience in the use of innovative pedagogical technologies in the educational process of the Barnaul Law Institute // Eurasian Legal Journal. – 2022. – No. 3 (166). – pp. 457-459.
4. Ivanov P. A. Formation of the readiness of future specialists to conduct classes during extracurricular time // Problems of modern pedagogical education. – 2023. – No. 80-3. – pp. 230-233.
5. Menner M. O., Knyazev S. A. State and prospects for the development of the system of professional training of future specialists // In the collection: SNK-2023. materials of the LXXIII open international student scientific conference of the Moscow Polytechnic University. – Moscow, 2023. – pp. 387-389.
6. Popova N.V. Pedagogical system for stimulating students’ cognitive activity in learning // Bulletin of the Barnaul Law Institute of the Ministry of Internal Affairs of Russia. – 2005. – No. 9. – P. 142-144.
7. Popova N.V., Bayankin O.V. The use of innovative technical means of teaching students of the Institute of Physical Culture and Sports // Bulletin of the Saratov Regional Institute for Educational Development. – 2019. – No. 2 (18). – pp. 81-86.
EDAGOGY AND LAW
SERKEROV Samur Elmirovich
Ph.D. in Law, associate professor, Head of Legal disciplines and teaching methods sub-faculty of the R. Gamzatov Dagestan Pedagogical University
MARIANOV Alikhan Abdulaevich
Ph.D. in Law, associate professor of the R. Gamzatov Dagestan Pedagogical University, Branch in Izberbash of the Dagestan State University
KUHMAZOV Namik Kuhmazovich
postgraduate student of the 1st year of study of Legal disciplines and teaching methods sub-faculty of the R. Gamzatov Dagestan Pedagogical University
SOME PROBLEMS OF COMBATING CORRUPTION IN THE EDUCATIONAL ENVIRONMENT
This article analyzes the causes and assesses the current level of corruption, as well as its negative consequences for the economic development of Russia. It examines the scope of domestic corruption related to teachers receiving additional remuneration from the public, in addition to their official salaries. The authors describe the main reasons that contributed to the spread of corruption in the system of social relations.
Keywords: bribery, abuse of office, blackmail, allocation of resources, distortion of exam results, unreliability of information, corrupt relationships.
Bibliographic list of articles
1. Damm I. A. Anti-corruption standards of behavior for employees of educational organizations of higher education // Lex Russica. – 2018. – No. 8 (141). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/antikorruptsionnye-standarty-povedeniya-rabotnikov-obrazovatelnyh-organizatsiy-vysshego-obrazovaniya (date of access: 04/02/2024).
2. Maksimenko A. A., Deineka O. S., Krylova D. V., Dukhanina L. N. Attitude of Russians to corruption // Bulletin of St. Petersburg University. Sociology. – 2020. – No. 4. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/otnoshenie-rossiyan-k-korruptsii (date of access: 04/02/2024).
3. Malysheva Yu. Yu. The concept of corruption crime according to the criminal legislation of modern Russia // National interests: priorities and security. – 2012. – No. 36. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ponyatie-korruptsionnogo-prestupleniya-po-ugolovnomu-zakonodatelstvu-sovremennoy-rossii (date of access: 04/02/2024).
4. Shulga V.I. Criminal liability for corruption in a university // Territory of new opportunities. – 2015. – No. 4 (31). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ugolovnaya-otvetstvennost-za-korruptsiyu-v-vuze (date of access: 04/02/2024).
EDAGOGY AND LAW
SUBBOTIN Vladimir Yakovlevich
Ph.D. in pedagogical sciences, professor of Physical culture and sports sub-faculty of the Tyumen Industrial University
THE LEGAL FOUNDATIONS OF A HEALTHY LIFESTYLE FOR STUDENTS
The article presents an analysis of legal documents regulating the development of a healthy lifestyle in our country. Based on a secondary analysis of the results of sociological research conducted in various Russian regional universities, the attitude of student youth towards a healthy lifestyle was revealed. In general, students have the right attitude towards a healthy lifestyle; they have an idea of the components of a healthy lifestyle. The conclusion is formulated about the need for joint efforts of the family, educational institutions at all levels and society to promote and spread a healthy lifestyle among adolescents and young people.
Keywords: health, healthy lifestyle, physical culture, sports, state policy in the field of healthy lifestyle, student youth.
Bibliographic list of articles
1. Gareeva I. A., Konobeyskaya A. V. Healthy lifestyle of student youth as a social value and real practice (based on sociological research) // Power and management in the East of Russia. – 2020. – No. 4 (93). – pp. 178-190.
2. Lyzhenkova R. S. Healthy lifestyle and its attitude among students at the present stage of life // Scientific electronic journal Meridian. – 2019. – No. 13 (31). – pp. 243-245.
3. Order of the Ministry of Health of the Russian Federation dated January 15, 2020 No. 8 “On approval of the Strategy for the formation of a healthy lifestyle of the population, prevention and control of non-communicable diseases for the period until 2025.” [Electronic resource]. – Access mode: https://www.garant.ru/products/ipo/prime/doc/73421912/ (date of access: 03/23/2024).
4. Popov V. G., Khairullina N. G., Sadykova Kh. N. Trends in the use of gluten-free flours in the production of functional products // Bulletin of the Voronezh State University of Engineering Technologies. – 2021. – T. 83. No. 1 (87). – pp. 121-128.
5. Prishchepa A. A., Khabibullin A. B. Healthy lifestyle and its components: the key to quality life // Trends in the development of science and education. – 2023. – No. 104-12. – pp. 92-94.
6. Putin: “Formation of a healthy lifestyle of the younger generation should become one of the priorities of authorities at all levels.” [Electronic resource]. – Access mode: https://ktovmedicine.ru/news/2009/1/vladimir-putin-formirovanie-zdorovogo-obraza-zhizni-molodogo-pokoleniya-dolzhno-stat-odnim-iz-prioritetov-vlastey-vseh-urovney. html (date of access: 03/21/2024).
7. Concept for the development of university sports in the Russian Federation for the period until 2025: order of the Ministry of Sports of Russia No. 1007. dated November 21, 2017
8. Sadykova Kh. N. Food biotechnologies as a factor of national security // Eurasian Legal Journal. – 2021. – No. 1 (152). – pp. 457-458.
9. Saurbaeva A.I. Healthy lifestyle in the everyday life of students // Bulletin of Science. – 2023. – T. 3. No. 2 (59). – pp. 140-142.
10. Sipatorova A. M., Melikhov Ya. P., Lyashenko A. A. Healthy lifestyle in the life of students of the Orenburg State Medical University // Science and education today. – 2017. – No. 10 (21). – pp. 93-94.
11. Khairullina N. G., Moskatova A. K., Nedosekina A. G., Obidina Yu. S., Stepanov A. V., Sterledeva T. D., Shitova N. B. Social and humanitarian problems of our time: personality and society / Book 2: monograph. – Saint-Louis, MO, USA, 2013. – 200 pp.
12. Subbotin V. Ya. Analysis of the attitude of technical university students to active physical education / In the collection “GTO: practice of implementation. Materials of the All-Russian Student Conference within the framework of the implementation of the program for developing the activities of student associations and the All-Russian youth project “GTO Students”. – Tyumen, 2015. – pp. 116-120.
13. Subbotin V. Ya. On the issue of studying the attitude of students to regular physical education and sports / In the collection: Strategy for the development of mass sports work with students. Materials of the All-Russian Scientific and Methodological Conference. – Tyumen, 2015. – pp. 130-133.
14. Subbotin V. Ya. Life as sport and life in sport: monograph. – Tyumen: TIU, 2024. – 196 pp.
15. Khairullina N. G., Baranova K. L. Retirement age of Russians: assessments and opinions. – Tyumen: TyumGNGU, 2012. – 100 p.
EDAGOGY AND LAW
FROLOVA Elena Vyacheslavovna
senior lecturer of the Higher School of Law of the Yugra State University, Khanty-Mansiysk
THE CIVIC IDENTITY OF STUDENTS IN THE CONDITIONS OF TURBULENT SOCIO-POLITICAL PROCESSES: THE CONCEPT AND WAYS OF ITS FORMATION IN HIGHER EDUCATION
The article is devoted to the study of the concept of civic identity, as well as the analysis of the process of its formation in modern higher education. The four-component structure of the formation of the civic identity of students is presented, which includes: cognitive (knowledge), value-oriented, emotional-evaluative, behavioral components. The content of the process of forming the civic identity of university students is revealed, in which all types and directions of the educational process existing at the university are structured: spiritual and moral, historical, political and legal, patriotic, labor (professionally oriented) .
Keywords: identity, civic identity, structure of civic identity, student youth, educational process, higher school.
Bibliographic list of articles
1. Erickson E. H. Identity: youth and crisis / Transl. from English – M.: Progress, 1996. – 340 pp.
2. Asmolov A.G. Strategy for sociocultural modernization of education: on the way to overcoming the identity crisis and building a civil society // Issues. education. – 2008. – No. 1. – P. 65-86.
3. Efimenko V. N. Structural components and content of the concept of “civil identity” // Theory and practice of social development. – 2013. – No. 11. – P. 250-254.
4. Kravchenko N. Yu. Crisis of the concept of civil identity: taxiological dimension // News of Saratov University. Series Sociology. Political science. – 2015. – No. 3 (15). – pp. 14-18.
5. Krechetova V. A. Construction of a theoretical model of a student’s civil identity // Almanac of modern science and education. – 2013. – No. 9 (76). – pp. 91-97.
6. Semenova Yu. A. Formation of civil identity in the conditions of modern Russian society // Bulletin of the Chelyabinsk State University. – 2010. – No. 1 (182). – pp. 104-108.
7. Lebedeva N.V., Gasanova Z.B. Formation of civil identity of students in the conditions of an economic university // News of the Baltic State Academy of Fishing Fleet. – 2023. – No. 3 (65). – pp. 32-38
8. Mineev-Li V. E., Shapovalova Yu. Formation of civil identity of students of a pedagogical college // Bulletin of the North Caucasus Federal University. – 2022. – No. 6 (93). – pp. 113-119.
9. Sergeeva V.P., Milkevich O.A. Education of youth in civil identity, spirituality and patriotism in the educational process // Secondary vocational education. – 2020. – No. 11 (303). – pp. 63-66.
EDAGOGY AND LAW
EGOROVA Olga Igorevna
magister student of Logic, philosophy and methodology of sciences (pedagogical education in the field of social sciences and humanities) sub-faculty of the I. S. Turgenev Oryol State University
FOMINA Darya Sergeevna
magister student of Logic, philosophy and methodology of sciences (pedagogical education in the field of social sciences and humanities) sub-faculty of the I. S. Turgenev Oryol State University
GLADILOVA Elena Alexeevna
magister student of Logic, philosophy and methodology of sciences (pedagogical education in the field of social sciences and humanities) sub-faculty of the I. S. Turgenev Oryol State University
TEACHING THE BASICS OF SECULAR ETHICS IN THE MODERN EDUCATIONAL PROCESS
Considering the problem of axiological development of personality by mastering the module “Fundamentals of secular ethics”, the main teaching methods existing in the modern educational process are highlighted, the significant role of studying this discipline is determined not only at school, but also in other educational institutions in order to fully develop personality, its moral component and successful functioning in society. The improvement of the qualitative and semantic content of a young person depends on the ongoing state youth policy. Developing it, there is a need for detailed elaboration of each point of the concept. It is also important for the state to support projects aimed at religious and cultural tolerance. Teaching secular ethics as the first step provides the basic basis for self-determination of a person and the formation of his subjective position, which helps him to successfully adapt to society.
Keywords: personality, secular ethics, moral education, society.
Bibliographic list of articles
1. Verkhovy I.V., Zabrodina I.V., Kozlova N.A. Teaching the course “Fundamentals of world religious cultures and secular ethics” // Bulletin of SUSUGPU. 2016. No. 7. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/prepodavanie-kursa-osnovy-mirovyh-religioznyh-kultur-i-svetskoy-etiki (date of access: 04/11/2024).
2. Gorelov A. A. History of world religions: textbook. allowance / Ros. acad. Education, Moscow. psychol.-social int. – 2nd ed., rev. M.: Flinta, 2021. 355 pp.
3. Kharlamov A.V. Religious tolerance in modern Russia // Bulletin of the Kemerovo State University of Culture and Arts. 2008. No. 5. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/religioznaya-tolerantnost-v-sovremennoy-rossii (date of access: 04/10/2024).
4. Shcheglova L. V. Problems of teaching the discipline “Fundamentals of Secular Ethics” to future teachers // Education and Science. 2013. No. 3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/problemy-prepodavaniya-distsipliny-osnovy-svetskoy-etiki-buduschim-uchitelyam (date of access: 04/12/2024).
SPORTS LAW
MAKHONIN Danila Dmitrievich
student of the 3rd course of the bachelor’s degree in the field of study 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University, Vladivostok
SCOBILEVA Irina Vyacheslavovna
student of the 3rd course of the bachelor’s degree in the field of study 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University, Vladivostok
PECULIARITIES OF THE LEGAL STATUS OF UNDERAGE PROFESSIONAL ATHLETES
The article is devoted to the problem of ineffective regulation of labor of underage athletes. The article presents approaches to the legal regulation of labor of professional athletes who have not reached the age of eighteen years, the provisions of the Labor Code of the Russian Federation, the Federal Law “On Physical Culture and Sports in the Russian Federation” from 04.12 .2007 No. 329-FZ. The main gaps and conflicts in the regulation of sports activities of minors are revealed, foreign experience is given, and the principles of ensuring the rights of minors, on which the legislation in the field of sports should be based, are proposed.
Keywords: underage professional athletes, labor activity, sports activity, legal regulation of labor of underage athletes.
Bibliographic list of articles
1. “Labor Code of the Russian Federation” dated December 30, 2001 No. 197-FZ (as amended on August 4, 2023, as amended on October 24, 2023).
2. Federal Law “On Physical Culture and Sports in the Russian Federation” dated December 4, 2007 No. 329-FZ.
3. “Convention on the Rights of the Child” (approved by the UN General Assembly on November 20, 1989) (came into force for the USSR on September 15, 1990).
4. Molodtsov M.V., Golovina S.Yu. Labor law of Russia: Textbook for universities. M.: Norma, 2003. P. 507.
5. Buyanova M. O., Kazakov S. O., Panarina M. M. Labor law. General part: textbook for universities / Edited by M. O. Buyanova. — 2nd ed., revised. and additional Moscow: Yurayt Publishing House, 2023. P. 193.
6. Ponkin I.V., Shevchenko O.A., Rogachev D.I., Redkina A.I. Features of legal protection of minor athletes during the organization and conduct of sports competitions // Law and State: Theory and Practice. 2017. No. 7 (151). pp. 67-70.
7. Buyanova A.V. Content of the labor legal status of minor athletes // Socio-political sciences. 2015. No. 4. P. 104-108.
8. Vaskevich V. P. On the issue of legal regulation of the professional activities of an athlete // Legal science. 2020. No. 11. P. 29-33.
9. Urzhinsky K.P. Guarantees of the right to work. M.: Legal. lit., 1984. P. 199.
10. Kovtun N. A., Dumenko T. P. Problematic issues of the legal status of minor athletes // Matters of Russian and International Law. 2023. Vol. 13.Is. 6A.
11. International Athlete Rights Association. [Electronic resource]. – Access mode: https://iara.team (date of access: 04/11/2024).
12. World Anti-Doping Code of 2015 (WADA Code). World anti-doping agency. [Electronic resource]. – Access mode: https://www.wada-ama.org/sites/default/files/resources/files/wada-2015-code-ru.pdf (access date: 04/11/2024).
13. Sports.ru: Kamila Valieva goes to court as a “protected person.” How will this status help her? from 09/25/2023. [Electronic resource]. – Access mode: https://www.sports.ru/tribuna/blogs/dalniyles/3191432.html (date of access: 04/11/2024).
SOCIOLOGY AND LAW
ANISIMOVA Valentina Antonovna
Ph.D. in pedagogical sciences, associate professor of Engineering business and management sub-faculty of the Ryazan Institute (branch) of the Moscow Polytechnic University
FROLOVA Svetlana Vladimirovna
Ph.D. in economical sciences, associate professor of Engineering business and management sub-faculty of the Ryazan Institute (branch) of the Moscow Polytechnic University
AGUZAROV Alexey Vadimovich
Deputy Director of the Branch for Youth Policy and Development
PROBLEMS OF CAREER GUIDANCE WORK WITH SCHOOLCHILDREN AND YOUTH AND EXTRACURRICULAR ACTIVITIES AS AN EFFECTIVE FACTOR IN ITS FORMATION (ON THE EXAMPLE OF THE RYAZAN INSTITUTE (BRANCH) OF THE MOSCOW POLYTECHNIC UNIVERSITY
The relevance of the article is due to the need to form and conduct career guidance work by higher educational institutions with schoolchildren and youth, which in turn is determined by numerous regulations. The formation of career guidance work, according to the authors, is fully actualized through a combination of both educational and extracurricular activities. One of the effective forms of career guidance work at the institute, according to the authors, is the implementation of the project “One step closer to Polytechnic”, where much attention is paid to the interaction of social groups in the culture-forming environment of the university.
Keywords: formation of career guidance work, educational and extracurricular types and forms of work, cultural environment, society, social groups, legal socialization, schoolchildren, career guidance project “One step closer to the Polytechnic” “.
Bibliographic list of articles
1. Anisimova V. A., Anisimova A. M., Frolova S. V. On some aspects of the work of student self-government at a university // Eurasian Legal Journal. – 2023. – No. 1 (176). – P. 370-373.
2. Vozdvizhensky T. Ryazan Encyclopedia. – Ryazan, 1992.
3. Dobrolyubov V., Yakhontov S. Bibliographic dictionary of writers, scientists and artists, immigrants from the Ryazan province. – Ryazan, 1995.
4. Krasnogorskaya I., Chugunov S. House on Bolshaya Street. – M., 1985.
5. Klimov E. A. Psychology of professional self-determination. – M.: “Academy”, 2004. – 304 pp
6. Kolontaevskaya I. Career guidance work with schoolchildren for admission to engineering and technical areas of training in vocational education // Scientific and methodological electronic journal “Concept”. – 2014. – No. 11 (November). – pp. 111-115.
7. Sokolov D. A flight that went down in history // Ryazan Gazette. – 2018.
8. Miloslavsky V. G., Alieva N. Kh., Solovyov S. M. [etc.]. Theory and practice of career guidance in Russia: problems and prospects. – Text: immediate // Young scientist. – 2016. – No. 7 (111). – pp. 905-911.
SOCIOLOGY AND LAW
SAVITSKAYA Yuliya Petrovna
senior lecturer of Marketing and municipal management sub-faculty of the Tyumen Industrial University
SOCIO-LEGAL VIEWS OF YOUTH ABOUT THE VALUE OF THEIR OWN HEALTH
The article analyzes the results of questionnaire surveys conducted in various years among students of Tyumen universities. Research has revealed the socio-legal ideas of young people about the value of their own health. Every student has the right to choose either a healthy lifestyle or bad habits. Supporters of the first option, as studies have shown, are becoming more numerous every year.
Keywords: student youth, health as a value, healthy lifestyle, physical education, sports, bad habits.
Bibliographic list of articles
1. Order of the Ministry of Health of the Russian Federation dated January 15, 2020 No. 8 “On approval of the Strategy for the formation of a healthy lifestyle of the population, prevention and control of non-communicable diseases for the period until 2025.” [Electronic resource]. – Access mode: https://www.garant.ru/products/ipo/prime/doc/73421912/ (date of access: 03/23/2024).
2. Savitskaya Yu. P., Osipova L. B., Rebysheva L. V. Problems of forming value orientations among students // Bulletin of the Chelyabinsk State University. 2015. – No. 26 (381). – pp. 141-144
3. Khairullina N. G., Moskatova A. K., Nedosekina A. G., Obidina Yu. S., Stepanov A. V., Sterledeva T. D., Shitova N. B. Social and humanitarian problems of our time: personality and society / Book 2: monograph. – Saint-Louis: MO, USA, 2013. – 200 pp.
4. Subbotin V. Ya. Analysis of the attitude of technical university students to active physical education / In the collection “GTO: practice of implementation. Materials of the All-Russian Student Conference within the framework of the implementation of the program for developing the activities of student associations and the All-Russian youth project “GTO Students”. – Tyumen, 2015. – pp. 116-120.
5. Subbotin V. Ya. On the issue of studying the attitude of students to regular physical education and sports / In the collection: Strategy for the development of mass sports work with students. Materials of the All-Russian Scientific and Methodological Conference. – Tyumen, 2015. – pp. 130-133.
6. Subbotin V. Ya. Life as sport and life in sport: monograph. – Tyumen: TIU, 2024. – 196 p.
7. Khairullina N. G., Sadykova Kh. N. Food biotechnologies as a factor of national security // Eurasian Legal Journal. – 2021. – No. 1 (152). – pp. 457-458.
SOCIOLOGY AND LAW
SHATSKAYA Ekaterina Alexandrovna
Ph.D. in sociological sciences, associate professor of Philosophy and socio-humanitarian disciplines sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk
WESTERN AND EASTERN PHILOSOPHICAL THOUGHT IN MODERN RUSSIA
In modern conditions, the problem of the correlation of Western and Eastern traditional cultures, and in particular, the difficulties in intercultural communication, is being actualized. This issue arose a long time ago, but in the current conditions it is of particular importance. The author of the article focuses on very simple and understandable criteria that have become firmly embedded in our lives. These include human interaction with the world, priority ways of activity, forms of thinking, self-knowledge, and value orientations. It is emphasized that the conventions, principles, habits, etc. that have entered our lives require careful attention to them in order to preserve their unique and distinctive culture.
Keywords: East, West, culture, orientation, identity, comparison, traditions, philosophical thought, civilization, man.
Bibliographic list of articles
1. Bondarenko G.V. The problem of interaction of Eastern philosophy with Western and Russian philosophical traditions in the study of the nature of the world and man // Humanitarian, socio-economic and social sciences. – 2015. – No. 6-1. – pp. 44-46.
2. Borzova E. P. East and West: comparative analysis of cultures // Proceedings of the St. Petersburg State Institute of Culture. – 2010. – No. 190. – P. 282-311.
3. Vozheva L. B. Cultural traditions of the East and West (comparative analysis) // Culture of modern Russian society: state, problems, prospects: proceedings of the International Scientific and Practical Conference (Ekaterinburg, April 10-12, 2003). – Ekaterinburg: USTU – UPI, 2003. – pp. 16-19.
4. Gutareva N. Yu., Vinogradov N. V. Comparative analysis of the cultures of East and West // Young scientist. – 2015. – No. 10 (90). – pp. 1468-1470.
LANGUAGE AND LAW
LATYPOVA Elvira Rashitovna
Ph.D. in pedagogical sciences, associate professor of the Institute of Chemical Technology and Engineering Sterlitamak of the Ufa State Petroleum Technical University
VOROBJEVA Ekaterina Alexandrovna
magister student of the Institute of Chemical Technology and Engineering Sterlitamak of the Ufa State Petroleum Technical University
STEKLYANNIKOVA Regina Aidarovna
magister student of the Institute of Chemical Technology and Engineering Sterlitamak of the Ufa State Petroleum Technical University
DEVELOPMENT AND APPLICATION OF INTERCULTURAL COMMUNICATION IN PROFESSIONAL SPHERE
In the modern world, interest in intercultural communication has increased significantly due to the development of international business relations, the emergence of new technologies and close cooperation between countries in various fields. The article presents the prerequisites for the emergence of the discipline “intercultural communication” and considers the need to develop communication skills for personal and professional growth. The authors of the article emphasize that good communication skills contribute to successful teamwork, improve the decision-making process and enhance professional reputation. Special attention is paid to flexibility and adaptability, respect and tolerance, learning and exchange of experience, self-awareness and understanding of one’s cultural identity in intercultural communication. Much attention is also paid to the concept of culture, its position in the humanities, and its relationship with man. Successful intercultural communication is possible under the condition of a tolerant attitude towards representatives of other cultures. In particular, the importance of managing intercultural relations for successful professional activity is highlighted, noting that the ability to effectively communicate and cooperate with colleagues from different cultures can become a key competitive advantage in the modern global labor market. As a result, developing intercultural communication skills will help improve work efficiency, improve relationships with colleagues and clients, and promote a better understanding and respect for cultural diversity.
Keywords: communication, interaction, learning, communication skills, professional growth, effective communication, empathy, culture.
Bibliographic list of articles
1. Voloshina I. A., Novikov P. N. The concept of skill as part of educational and professional labor terminology // Social and labor research. – 2020. – No. 3 (40).
2. Grushevitskaya T. G., Popkov V. D., Sadokhin A. P. Fundamentals of intercultural communication: Textbook for universities // Ed. A. P. Sadokhina. – M.: UNITY-DANA, 2003.
3. Dorofeeva M. Yu., Latypova E. R. Relevance of intercultural communications for modern society: collection of conference proceedings // Society, pedagogy, psychology: current research: materials of the All-Russian. scientific-practical conf. with international participation (Cheboksary, 2021). – Cheboksary: “Laru-tăru” (“Wednesday”) publishing house çurchě, 2021.
4. Latypova E. R., Makarov P. A., Khabibullina A. N. The importance of studying intercultural communication in the modern world // Questions of pedagogy. – 2019. – No. 3.
5. Latypova E. R. [et al.] Intercultural communication between representatives of different cultural groups in the spheres of the Internet // Science and school. – 2020. – No. 3.
6. Latypova E. R., Anikina E. N., Osipova A. S. Intercultural communications in the professional training of specialists // Questions of pedagogy. – 2019. – No. 4-2.
7. Morokhova O. A., Anosov V. A. Communication culture as a factor of success in professional activity // Young scientist. – 2019. – No. 19 (257).
8. Motovilova A. D., Merker A. A., Nizhelskaya Yu. A. Intercultural communications: theory and practice // Bulletin of Science. – 2023. – No. 5 (62).
9. Fominykh M.V., Uskova B.A. Innovative linguodidactics: monograph. – Ekaterinburg: Publishing House of the Russian State Vocational Pedagogical University, 2022.
ECONOMY. RIGHT. SOCIETY
GROGULENKO Nadezhda Vladimirovna
associate professor of the Ufa State Petroleum Technical University
GROGULENKO Anastasiya Igorevna
student of the Ufa State Petroleum Technical University
FAKHRISLAMOVA Nerkes Yulaevna
student of the Ufa State Petroleum Technical University
DAVLETBAEVA Angelina Rinatovna
student of the Ufa State Petroleum Technical University
INCREASING INVESTMENT ATTRACTIVENESS BY MEANS OF PUBLIC RELATIONS
The article discusses the importance of using public relations tools to form the investment attractiveness of the region, the company, with the help of which it is possible to build a well-chosen image, to ensure a positive reputation in order to attract additional financing.
Keywords: investment attractiveness, public relations, image, investments, reputation.
Bibliographic list of articles
1. Shoev A. Kh. Increasing the investment attractiveness of regions and improving the methodology for their assessment // Young scientist. – 2020. – No. 11 (301). – pp. 282-284.
2. Barinov G. O. The influence of the project management system on the investment attractiveness of the region // Economy and Society. – 2017 – No. 1-1 (32). – pp. 168-175.
3. Chikunova P. S. Problems of increasing the investment attractiveness of the Russian economy // Current scientific research in the modern world. – 2021. – No. 11-12 (79). – pp. 212-215.
4. Company investment policy and PR methods. [Electronic resource]. – Access mode: https://pr-news.su/publicat/n5/5_4.htm (date of access: 04/30/2024).
5. Izilyaeva L. O., Mikhailova K. V. Features of the implementation of programs 5-100 and Priority-2030 in the Russian Federation // Eurasian Legal Journal. – 2022. – No. 9. – P. 465-466.
6. Izilyaeva L. O. Fuel and energy markets of the world in the context of the long-term viral pandemic Covid-19 // Economics and management: scientific and practical journal. – 2022. – No. 3. – P. 18-23.
7. Gabdulkhakova R.V., Shagiakhmetova A.R. The influence of the Internet on the nature and effectiveness of public relations // Modern PR: theory, practice, education. Materials of the XI International Scientific and Practical Conference dedicated to the 20th anniversary of professional education in public relations in the Republic of Bashkortostan. – 2017. – pp. 52-53
ECONOMY. RIGHT. SOCIETY
MAVSAROVA Milana Umarovna
student of the Faculty of Taxes, Audit and Business Analysis of the Financial University under the Government of the Russian Federation
ISMAILOV Nurmagomed Omarovich
associate professor of Humanitarian sciences sub-faculty of the Faculty of Social Sciences and Mass Communications of the Financial University under the Government of the Russian Federation
CAPITAL AND WEALTH
The article examines the relationship between the concepts of capital and wealth and provides a philosophical interpretation in the works of domestic and foreign philosophers and economic theorists. The development of these categories in various historical eras is traced. It is shown that capital is a form of development of matter. Marx’s view on the fundamental characteristics of capital is analyzed. Based on the views of scientists and the presence of conflicting definitions, the properties of capital are highlighted. It is substantiated that the concept of capital conservation is consistent with the concept of sustainable development, aimed at reviving the social, natural and spiritual development of society.
Keywords: capital, benefit, wealth, well-being, income, sustainable development.
Bibliographic list of articles
1. An S. A., Makarov I. V. Good in the tradition of domestic and Western philosophy // Context and reflection: philosophy about the world and man. 2022. Volume 11. No. 2A. pp. 74-82. DOI: 10.34670/AR.2022.92.45.003
2. Kamenetsky V. A., Patrikeev V. P. Capital (from simple to complex). M.: ZAO Publishing House “Economy”, 2006. 583 p.
3. Marx K. Capital. M.: Gospolitizdat, 1949.
4. Rath T., Harter D. Five elements of well-being: Tools for improving the quality of life. Moscow: Alpina Publisher, 2010. 148 pp.
5. Sadovskaya A. A. Theories of well-being and their reflection in modern philosophical concepts // Vectors of well-being: economics and society. 2019. No. 2 (33). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/teorii-blagopoluchiya-i-ih-otrazhenie-v-sovremennyh-filosofskih-kontseptsiyah (date of access: 04/16/2024).
6. Smith A. Research on the nature and causes of the wealth of nations. M.: EKSMO, 2007. 960 p. Series: Anthology of economic thought.
7. Philosophical Dictionary / Ed. I. T. Frolova. 5th ed. M.: Politizdat, 1986. 590 pp.
8. Yagi K. Marshall and Marx // Economic Review of Kyoto University. 1992. T. 62. No. 2. pp. 32-42.
9. Ante Prodan, William Hynes, Harris A. Eyre, Alex Schulze, Goran Ujdur B.Com, Marcel Tanner Navigating a stable transition to the Age of Intelligence: A Mental Wealth perspective. [Electronic resource]. – Access mode: https://doi.org/10.1016/j.isci.2024.109645
10. Erik W. Matson A dialectical reading of Adam Smith on wealth and happiness // Journal of Economic Behavior & Organization. Vol. 184, April 2021, pp. 826-836.
11. Kiichiro Yagi Marx’s theory of capital in the history of economics: Marx’s concept of capital, classical school, Austrian School, and growth theory. Evolut Inst Econ Rev 18. 2021. P. 465-489. [Electronic resource]. – Access mode: https://doi.org/10.1007/s40844-020-00196-9.
12. Lohoff E., Trenkle N. Die große Entwertung: warum Spekulation und Staatsverschuldung nicht die Ursache der Krise sind. Unrast-Verlag, 2012.
13. Marshall A. Principles of economics: unabridged eighth edition. Cosimo, Inc., 2009.
14. Scanlon T. What We Owe to Each Other. Harvard, Belknap Press, 1998. 432 p. [Electronic resource]. – Access mode: https://doi.org/10.2307/j.ctv134vmrn
15. Wicksell K. Value, Capital and Rent. Routledge, 2016. 182 p. https://doi.org/10.4324/9781315438498
ECONOMY. RIGHT. SOCIETY
OLSHANSKAYA Mariya Vadimovna
Ph.D. in economical sciences, Deputy Director for Development of the Higher School of Industrial Policy and Entrepreneurship of the Patrice Lumumba Peoples’ Friendship University of Russia
PLACE OF DEVELOPMENT IN THE STATE POLICY OF DEVELOPMENT OF THE CONSTRUCTION INDUSTRY
The construction industry is the driver of economic growth in the country, its development brings multiplier effects. Development as a separate area of activity provides for stimulating the construction industry in such a direction that increases the efficiency of the implementation of construction projects. Thus, the relationship between development and the development of construction in the country is traced. At the same time, since development activities do not have a legislative definition, it is not considered in state programs for the development of construction and does not use support funds. The development of development should be included as a target area for the formation of state instruments to support the development of the construction industry. The purpose of the publication is to substantiate the role of development in the state policy of construction development. The need to include support is justified to include as a target area for the formation of state instruments for the development of the construction industry.
Keywords: urban environment, developer, development, preferential mortgage, construction industry, Strategy for the development of construction and housing and communal services.
Bibliographic list of articles
1. Antokhina Yu. A., Kornilova S. V. Development as a concept of effective investment in conditions of change // Bulletin of the Pacific State University. – 2020. – No. 1 (56). – pp. 53-58. – EDN HOQPZG.
2. Bachurinskaya I. A. Planning and forecasting of development projects: textbook. – St. Petersburg: Publishing house of St. Petersburg State Economic University, 2021. – 118 p.
3. Beloborodov R. S. Development as an effective management system for investment and construction projects // Russian Economic Internet Journal. – 2017. – No. 1. – P. 23-33.
4. Dolgov M. A., Kruglyakova V. M. Development in construction as a form of investment activity in the real estate market // Bulletin of Voronezh State University. Series: Economics and management. – 2020. – No. 4. – P. 54-64. – DOI 10.17308/econ.2020.4/3193. – EDN PSDWQF.
5. Ilyin M. O. Determination of the magnitude of the possible effect from the implementation of a development scheme in projects in the investment and construction industry // Financial management. – 2019. – No. 1. – P. 29-49.
6. Mazur I. I. Real estate development: textbook / Ed. ed. I. I. Mazura and V. D. Shapiro. – M.: Elima: Omega-L Publishing House, 2020. – 928 pp.
7. Nazarova Yu. V. Development of the development market in conditions of macroeconomic turbulence // Theory and practice of service: economics, social sphere, technology. – 2023. – No. 3 (57). – pp. 31-36. – EDN CBDBEJ.
8. Shontukov B.Z., Beslaneeva Zh.Kh. Construction as a branch of material production and its role in the national economy // Economy and Society. – 2018. – No. 5 (48). – pp. 1376-1381.
ECONOMY. RIGHT. SOCIETY
SAYAPIN Alexey Viktorovich
Ph.D. in economical sciences, associate professor of Strategic economic development sub-faculty of the G. R. Derzhavin Tambov State University
NUTSALOVA Maryam Abubakarovna
postgraduate student of the G. R. Derzhavin Tambov State University
THE LABOR FACTOR IN THE STRATEGIC MANAGEMENT OF REGION
The article presents the materials of the analysis of a sociological survey on labor relations and employment, the results of which made it possible to identify the most mobile gender and age groups of the employed population of the region and the main motivations determining them mobility. The proposed working hypothesis that generations Y and Z are more mobile than the older generations of the working populationon was only partially confirmed by the results of the survey. The identified categories with high labor mobility and willingness to change the region of employment are identified as risk groups.
Keywords: labor mobility, labor relations, interregional labor migration.
Bibliographic list of articles
1. How to poach other people’s employees. [Electronic resource]. – Access mode: https://tambov.hh.ru/article/26205?ysclid=lr37dmzon7494586739.
2. Kuznetsov I. A., Sayapin A. V., Polushkina O. O. Problems of restructuring the economy of the region of the agrarian-industrial type // Bulletin of the North Caucasus Federal University. – 2021. – No. 4. – P. 63-69.
3. Nukhovich E. Globalization of the US economy // Bulletin of the Financial Academy. – 1998. – No. 1. – P. 52.
ECONOMY. RIGHT. SOCIETY
RADCHENKO Elena Pavlovna
Ph.D. in economical sciences, chief researcher of the Department for the Study of Problems of Management and Reform of the Penal System of the Center for the Study of Problems of Management and Organization of the Execution of Sentences in the Penal System of the Federal State Institution “Research Institute of the Federal Penitentiary Service
VDOVINA Alina Nafisovna
senior researcher of the Department for the study of the problems of employment of convicts and economic problems of the functioning of the Penitentiary System of the Center for the Study of Problems of Management and organization of the execution of Sentences in the Penal System of the Federal Penitentiary Institution “Research Institute of the Federal Penitentiary Service”
MANAGEMENT OF THE PENITENTIARY SYSTEM THROUGH PUBLIC-PRIVATE PARTNERSHIPS
The article analyzes the possibility of private sector participation in the management of the penitentiary service in foreign countries. The differences in the management of the public and private sectors are highlighted, which are not limited to the way property rights are distributed (i.e. public or private management). The analysis carried out by the authors shows that the effective organization of the management of penitentiary institutions is the result of how all the elements of management are combined with each other, creating a special structure. It is shown that the main driving factors are such elements as: the right to make decisions, the right to income and property rights, which are combined and coordinated with each other, creating a consistent management structure. The effect of private participation in the management of a penitentiary institution depends on the proper coordination of the actions of the private and public sectors. This explains the different results of the effectiveness of private participation in the provision of prison services in different countries.
Keywords: mechanism, economy, infrastructure, cooperation, private sector, public-private partnership, private prison, penal enforcement system.
Bibliographic list of articles
1. Hodge Georgia, Greve K. Public-private partnership: an international review of effectiveness // Public Administration Review. – 2009. – No. 67 (3). – pp. 545-558. doi: 10.1111/j.1540-6210.2007.00736.x.
2. Bennett J., Iossa E. Transfer of public services to non-profit firms under contract // Oxford Economic Documents. – 2010. – No. 62 (4). – P. 784-802. doi: 10.1093/oep/gpp040
3. Boyne A., James O., Lodge M. The New Revolution of Public Administration in the Public Sector: Promise and Results in Three European Penitentiary Systems // Public Policy and Management. – 2006. – No. 21 (2). – P. 81-100. doi: 10.1177/095207670602100207.
4. Boyne Georgia, Meyer KJ, O’Toole LJ, Walker RM. Public Service Effectiveness: Perspectives on Measurement and Management. – Cambridge: Cambridge University Press, 2007.
5. Bayer P., Posen D. Efficiency of correctional institutions for minors: public and private management // Law and Economics. – 2005. – No. 48 (2). – pp. 549-589. doi: 10.1086/497526.
6. Radchenko E. P. Public-private partnership in the penitentiary system of the French Republic // Scientific works of the Federal Public Institution Research Institute of the Federal Penitentiary Service of Russia. Volume Issue 2. – Moscow: Federal State Institution Research Institute of the Federal Penitentiary Service of the Russian Federation, 2020. – P. 269-273. – EDN NVNVVQ.
7. Kozin M. N., Radchenko E. P. Formation of public-private partnership in the penitentiary system of foreign countries // Bulletin of the public research laboratory “Interaction of the penal system with the institutions of civil society: historical, legal and theoretical and methodological aspects ” – 2019. – No. 15. – P. 29-35. – EDN NSBWMY.
8. Cabral S.,Lazzarini S. G., De Azevedo P. F. Private entrepreneurs in public services: a longitudinal study of outsourcing and prison statistics // Strategic Entrepreneurship. – 2013.
9. Logan K. Private prisons: pros and cons // Oxford University. – 1990.
ECONOMY. RIGHT. SOCIETY
SADYKOVA Khadiya Nurgalievna
Ph.D. in sociological sciences, associate professor of the Tyumen Industrial University
BOGDANOVA Yuliya Zufarovna
Ph.D. in philological sciences, associate professor of the Northern Trans-Ural State Agricultural University, Tyumen
ECONOMIC ASPECTS OF LIFE ACTIVITIES OF ELDERLY PEOPLE
The article is devoted to the economic aspects of the life of older people. Initially, the regulatory documents regulating the legal aspects of older people in our country are analyzed, the concepts of “old age”, “elderly person”, the fundamentals of economic and social protection of elderly and elderly people are defined, issues of realizing the rights of the studied category of citizens to a decent life and old age dignity are raised.
Keywords:economic situation of older people, pensions, right to a decent life; the right to a dignified old age; aged people; image of old age; life expectancy; active longevity; social services.
Bibliographic list of articles
1. Anikeeva O. A. Old age and active longevity in modern Russia: realities and trends of change // Domestic Journal of Social Work. – 2018. – No. 4 (75). – pp. 60-72.
2. Sadykova Kh. N., Subbotin V. Ya. Economic consequences of raising the retirement age of Russians: statement of the problem // Eurasian Legal Journal. – 2019. – No. 7 (134). – pp. 396-397.
3. Strategy of action in the interests of older citizens in the Russian Federation until 2025. [Electronic resource]. – Access mode: https://mintrud.gov.ru/ministry/programms/37/2 (date of access: 04/23/2024).
4. Strategy for the long-term development of the pension system of the Russian Federation. [Electronic resource]. – Access mode: https://mintrud.gov.ru/ministry/programms/37/1 (date of access: 04/23/2024).
5. Subbotin V. Ya. Life as sport and life in sport: monograph. – Tyumen: TIU, 2024. – 196 pp.
6. Subbotin V. Ya. Analysis of the attitude of technical university students to active physical education / In the collection “GTO: practice of implementation. Materials of the All-Russian Student Conference within the framework of the implementation of the program for developing the activities of student associations and the All-Russian youth project “GTO Students”. – Tyumen, 2015. – pp. 116-120.
7. Subbotin V. Ya. On the issue of studying the attitude of students to regular physical education and sports / In the collection: Strategy for the development of mass sports work with students. Materials of the All-Russian Scientific and Methodological Conference. – Tyumen, 2015. – pp. 130-133.
8. Khairullina N. G., Baranova K. L. Retirement age of Russians: assessments and opinions. – Tyumen: TyumGNGU, 2012. – 100 p.
ECONOMY. RIGHT. SOCIETY
SOLOVJEVA Irina Anatoljevna
Ph.D. in economical sciences, associate professor, associate professor of Social and cultural activities and pedagogy sub-faculty of the Oryol State Institute of Culture
COMMERCIALIZATION OF CULTURE: CHARACTERISTIC FEATURES AND REASONS FOR DEVELOPMENT
Modern society is in a period of great transformations in the structure and economic mechanism of the cultural sphere. In this context, special attention should be paid to the business processes that have affected this important part of the country’s economy. The study of the commercial sector of the cultural sphere allows us to understand more precisely its characteristics, conditions of formation and dynamics of development. In the course of this analysis we have determined that the goal of commercial organizations in the cultural sphere is a profit, and the economic effect often prevails over the social one.
Keywords: cultural sphere, commercial sector, commercialization, business, cultural activities.
Bibliographic list of articles
1. Annenkova A. A. Digitalization of services and the formation of information space in the field of culture // Current state of the infosphere of cultural institutions: Materials of the V International Student Scientific and Practical Forum dedicated to the 50th anniversary of the Oryol State Institute of Culture, Orel-Minsk, March 24, 2022 / Scientific editors and compilers D. N. Gribkov, N. E. Belyaeva, editorial board: T. N. Somova, N. A. Beketova, E. E. Politevich, O. A. Barma. – Orel: Oryol State Institute of Culture, 2022. – P. 91-93.
2. Kunyashova S.V. Commercialization of cultural policy in spaceof regional culture // Caspian region: politics, economics, culture. – 2019. – No. 2 (59). – pp. 114-121.
3. Lugin D. A., Boronina L. N. State support for entrepreneurship in the field of culture: analysis of the state and improvement of tools // Strategies for the development of social communities, institutions and territories: materials of the V International Scientific and Practical Conference, Yekaterinburg, April 22-23 2019: in 2 volumes – Ekaterinburg: Ural Publishing House. University, 2019. – T. 1. – P. 305-310
4. Rudakova O. V., Matveev V. V., Annenkova A. A. Cultural and creative industries: essence, classification, development trends in the world and in Russia // Transformation of the socio-cultural sphere in modern conditions: economic and managerial aspects . – Kursk: Closed Joint Stock Company “University Book”, 2022. – P. 84-104.
5. Solovyov A.P. Scientific and methodological recommendations on the criteria for classifying Russian cultural institutions at the federal, regional and municipal levels: for executive authorities and local governments. – M.: Heritage Institute, 2023. – 76 p.
6. Solovyova I. A. Institutional features of the formation of the commercial sector in the socio-cultural sphere // Problems of development of modern society: collection of scientific articles of the 4th All-Russian scientific and practical conference, Kursk, January 24–25, 2019 / Southwestern State University . – Kursk: Southwestern State University, 2019. – pp. 275-279.
7. Solovyova I. A. Digital competence as a necessary skill in Economy 5.0 // Electronic information space for science, education, culture: Proceedings of the X International Scientific and Practical Conference, Orel, December 14, 2023. – Oryol: Oryol State Institute of Culture, 2023. – P. 174-179.
ECONOMY. RIGHT. SOCIETY
FADINA Yana Sergeevna
bachelor’s student of the Faculty of International Relations of the St. Petersburg State University
ALYOSHKIN Vladimir Vladimirovich
Head of the Office of the Rectorate of the B. N. Yeltsin Kyrgyz-Russian Slavic University
MATVEEVSKAYA Anna Sergeevna
Ph.D. in geographical sciences, associate professor of World politics sub-faculty of the St. Petersburg State University
ERMOLINA Marina Anatoljevna
Ph.D. in Law, associate professor of World politics sub-faculty of the St. Petersburg State University
INTEGRATION OF THE DIGITAL ECONOMY IN THE EAEU
The presented paper examines various aspects of digital transformation in the economic sphere and the impact of these changes on trade turnover, the development of joint investment projects and the competitiveness of the Eurasian Economic Union as a whole. The purpose of the study is to analyze the digital mechanisms for regulating economic activity, which are gradually being introduced into the digital space of the EAEU, and the transition to a new level of digital transformation. Specific proposals are proposed to improve the economic climate at a new stage of development for a smoother and most effective implementation of the Union countries in the digitalization process.
Keywords: Eurasian Economic Union, digital economy, integration, information technology, digital transformation.
Bibliographic list of articles
1. Eremenko M. Yu. Digitalization as a driver of economic integration of the countries of the Eurasian Economic Union // Bulletin of the University. – 2021. – No. 3. – P. 32-37.
2. Meshkova T. A. Eurasian economic integration // Bulletin of international organizations: education, science, new economics. – 2019. – T. 14. No. 4. – P. 80-85.
3. The EAEU 2025 Digital Agenda: prospects and recommendations. Overview report. / Navas-Sabater J., Petrov O. V. Washington D. C.: World Bank Group, 2018. – [Electronic resource]. – Access mode: https://documents1.worldbank.org/curated/en/850581522435806724/pdf/EAEU-Overview-Full-ENG-Final.pdf (access date: 02/25/2024).
ECONOMY. RIGHT. SOCIETY
FIRSOVA Olga Nikolaevna
Ph.D. in economical sciences, associate professor, associate professor of Marketing and entrepreneurship sub-faculty of the I. S. Turgenev Orel State University
YELKINA Darya Andreevna
assistant of the State University of Management
INNOVATIVE ACTIVITY AND SPATIAL DEVELOPMENT OF THE REGIONS OF THE RUSSIAN FEDERATION
The article substantiates the relevance of regional innovation policy as a condition for maintaining the competitiveness of the regions of the Russian Federation. The features of the development over time of the level of innovative activity of organizations located in different federal districts of the country are identified and characterized; it is established that the difference between the highest and lowest values of the level of innovative activity of organizations increased significantly from 2010 to 2022, which suggests an increased differentiation between federal districts in the field of development under consideration.
Keywords:innovation, innovation activity, federal district, level of innovation activity.
Bibliographic list of articles
1. Zhdanova O. A. The role of innovation in the modern economy // Economics, management, finance: materials of the I international scientific conference. – Perm: Mercury, 2011. – P. 38-40. – [Electronic resource]. – Access mode: https://moluch.ru/conf/econ/archive/10/783/ (date of access: 03/19/2024).
2. Lizunov V.V. Innovative activity and spatial development of regions // Bulletin of the University “Cluster”. Electronic journal. – 2022. – No. 6. – [Electronic resource]. – Access mode: https://klastervestnik.ru/wp-content/uploads/2022/06/vestnik-un-ta-klaster.-№-66-2022-1.pdf (date of access: 03.21.2024).
3. Federal Law of August 23, 1996 No. 127-FZ (as amended on July 24, 2023) “On Science and State Scientific and Technical Policy.” – [Electronic resource]. – Access mode: https://base.garant.ru/135919/ (access date: 03/21/2024).
4. Strategy for scientific and technological development of the Russian Federation (approved by Decree of the President of the Russian Federation of February 28, 2024 No. 145). – [Electronic resource]. – Access mode: http://publication.pravo.gov.ru/document/0001202402280003 (date of access: 03/19/2024).
5. On approval of the methodology for calculating the indicator “Level of innovative activity of organizations” (approved by Rosstat Order No. 818 dated December 27, 2019. – [Electronic resource]. – Access mode: https://rosstat.gov.ru/storage/mediabank /pr818-27122019.pdf (date of access: 03/19/2024).
ECONOMY. RIGHT. SOCIETY
FOKINA Oksana Gennadjevna
Ph.D. in economical sciences, associate professor of the I. S. Turgenev Orel State University
KARYAGINA Tatyana Vasiljevna
Ph.D. in technical sciences, associate professor of the Russian State Social University
THE ROLE OF NON-FINANCIAL NON-PRODUCED ASSETS IN THE ECONOMIC DEVELOPMENT OF RUSSIA
In the article, the authors analyzed the dynamics of investments in non-produced non-financial assets in the Russian Federation in the period from 2000 to 2022, revealed their place in the structure of investments in non-financial assets as a whole ; the regions of the Russian Federation were grouped by the amount of investments in non-financial non-produced assets in 2022, identified the leading regions and outsider regions. It has been established that investments in non-financial non-produced assets are currently a promising but underused area of investment in the Russian economy, which is due to a lack of understanding of their role, a lack of funds for investment, and the intangible nature of acquired assets.
Keywords: investments, non-financial non-produced assets, investments in non-financial non-produced assets, economic development.
Bibliographic list of articles
1. Decree of the President of the Russian Federation dated February 28, 2024 No. 145 “On the Strategy for Scientific and Technological Development of the Russian Federation.” Electronic resource. – Access mode: http://publication.pravo.gov.ru/document/0001202402280003?ysclid=lwpcyalqw4987609768&index=1.
ECONOMY. RIGHT. SOCIETY
KHARCHEVA Irina Vladimirovna
Ph.D. in economical sciences, associate professor, associate professor of Economics in energy and industry sub-faculty of the National Research University “Moscow Power Engineering Institute”
FIRSOVA Olga Nikolaevna
Ph.D. in economical sciences, associate professor, associate professor of Marketing and entrepreneurship sub-faculty of the I. S. Turgenev Orel State University
DYNAMICS OF EMPLOYMENT INDICATORS IN SMALL BUSINESSES IN THE SUBJECTS OF THE CENTRAL FEDERAL DISTRICT OF THE RUSSIAN FEDERATION
The authors of the article analyzed the dynamics of indicators characterizing the level and differentiation of small business development in the regions of the Central Federal District of the Russian Federation. The authors have established a tendency to reduce the average number of employees employed in small businesses in the Central Federal District and a simultaneous increase in the proportion of those employed in the MP of the Central Federal District in the structure of those employed in these enterprises in the whole of the Russian Federation. The characteristic of the structure of the distribution of the number of people employedin small business in the Central Federal District by types of economic activity is given.
Keywords: Central Federal District, small business, small entrepreneurship.
Bibliographic list of articles
1. Order of the Government of the Russian Federation dated June 2, 2016 No. 1083-r “On the Strategy for the development of small and medium-sized businesses in the Russian Federation for the period until 2030 and the action plan (“road map”) for its implementation.” Electronic resource. – Access mode: https://www.garant.ru/products/ipo/prime/doc/71318202/?ysclid=lsbhcznjqz527729643 (date of access: 04/15/2024).
2. Regions of Russia. Socio-economic indicators. 2023: Stat. Sat. / Rosstat. – M., 2023. – 1126 p. Electronic resource. – Access mode: https://rosstat.gov.ru/storage/mediabank/Region_Pokaz_2023.pdf (access date: 04/15/2024)
3. Regions of Russia. Socio-economic indicators. 2019: Stat. Sat. / Rosstat. – M., 2019. – 1204 p. Electronic resource. – Access mode: https://rosstat.gov.ru/storage/mediabank/Region_Pokaz_2019.pdf (access date: 04/15/2024)
ECONOMY. RIGHT. SOCIETY
SHAYBAKOVA Emma Rifovna
Ph.D. in economical sciences, professor of Economic Security sub-faculty of the Ufa State Petroleum Technical University
SALAKHOV Alan Ruslanovich
magister student of the Ufa State Petroleum Technical University
BUILDING AN EFFECTIVE ORGANIZATIONAL STRUCTURE AS A CONDITION FOR ENSURING THE ECONOMIC SECURITY OF THE ENTERPRISE
The economic security of an enterprise includes many components and requires a detailed study of all aspects of the company’s activities. Effective management of a company and its guarantee of survival even in unfavorable conditions are impossible without the well-functioning work of all departments and divisions of the company, which play an important role in ensuring the smooth operation of the entire production and financial mechanism of the enterprise.
This article describes the main methods of ensuring the economic security of a business entity. A description of the role and place of building an organizational structure in the process of organizing business processes in a company is also presented. Modern factors that change the idea of classical types of structures are given.
The following tools of scientific knowledge were used as a methodological basis for writing this article: description, comparison, analysis, synthesis.
The theoretical basis is scientific articles by Russian researchers devoted to the issues of building organizational management structures.
As a result of the study, a conclusion is made about the many types of organizational structures that are focused on achieving various goals and take into account the peculiarities of the scale of the enterprise’s activities, as well as the characteristics of its type of activity. Key trends in changes in technology and the nature of employment are presented as factors that seriously change ideas about classical types of organizational structures.
Keywords:economic security, organizational and legal methods, organizational structure, functional structure, linear structure, adaptability, neural networks, management functions.
Bibliographic list of articles
1. Glekov E. Ya. Methods of organization and management of ensuring economic security of a commercial enterprise // Young scientist. – 2022. – No. 3 (398). – pp. 158-159. – EDN WOGJRF.
2. Tezyaeva A. S. Construction and assessment of the organizational structure of an enterprise // Young scientist. – 2017. – No. 17 (151). – pp. 383-386. – EDN YMFADF.
3. Mikhailenko E. A., Panova V. A., Mesropyan M. A. Situational factors influencing the choice of organizational structure of an enterprise // Young scientist. – 2017. – No. 4 (138). – pp. 502-505. – EDN XSCJCF.
4. Mamatelashvili O.V., Mukhamadieva E.F., Khisamutdinova R.F. Risks and threats to the economic security of an organization // Economics and management: scientific and practical journal. – 2023. – No. 3 (171). – pp. 43-46. – DOI 10.34773/EU.2023.3.8. – EDN CENLFZ.
5. Talypova A. I., Shaibakova E. R. The role of managing the financial results of an enterprise in order to improve the quality of its economic security // Current problems of ensuring the economic security of the state, regions, enterprises: Collection of scientific articles of the IV International Scientific and Practical Conference, Ufa , June 26, 2020. – Ufa: Ufa State Petroleum Technical University, 2020. – P. 412-415. – EDN ESUJPV.
PHILOSOPHY. RIGHT. SOCIETY
BAIRON Alexander Alexandrovich
Ph.D. in philosophical sciences, senior lecturer of Philosophy sub-faculty of the A. S. Pushkin Leningrad State University
B. N. CHICHERIN AND I. KANT ON THE PROBLEM OF EVIDENCE OF THE EXISTENCE OF GOD
In 2024, the 120th anniversary of the death of the Russian thinker B.N. Chicherin and the 300th anniversary of the birth of the German philosopher I. Kant were celebrated. These thinkers are united, first of all, by the commonality of the spheres of “scientific interests,” which includes not only such disciplines as ontology, epistemology, logic, philosophy of law and ethics, but also such an area as the philosophy of religion . Within the framework of the last one of the topics of interest for both the first and the second of these figures, the problem of evidence of the existence of God, which has existed from antiquity to the present day, is often the subject of controversy in philosophy The article compares the views of Kant and Chicherin on this problem. The views of two philosophers on the content and objective significance of the three most important proofs of the existence of God, first formulated back in the ancient era (onto-, cosmo- and teleological), as well as the moral proof put forward by Kant are considered. The author concludes that, despite the generally different opinion (Chicherin has a positive opinion, Kant a negative) about the possibility of rationally proving the existence of God and, accordingly, about the significance of the three main proofs, both thinkers come to a common opinion regarding the last proof, recognizing it as a valid way for the mind to verify the truth of the existence of God. The difference in the views of the two figures is that if Chicherin’s existence of God is a strict and objective logical conclusion, then Kant’s is only a “requirement” of reason based on his practical, moral interest.
Keywords: B. N. Chicherin, I. Kant, evidence of the existence of God, absolute, philosophy of religion.
Bibliographic list of articles
1. Bible. Books of the Holy Scriptures of the Old and New Testaments. – M., 1979.
2. Hegel G. V. F. Science of Logic. In 3 volumes. T. 1. – M.: Mysl, 1970.
3. Hegel G. V. F. Philosophy of religion. In 2 volumes. T. 2. – M.: Mysl, 1977.
4. Gorin A. A. Formation of an ontological argument – a manifestation of Platonism in philosophy and theology // Bulletin of the Leningrad State University. A. S. Pushkin. – 2009. – No. 3. T. 2. – P. 44-53.
5. Kant I. The only possible basis for proving the existence of God // Kant I. Works in 6 volumes – M.: Mysl, 1963. – T. 1. – P. 391-508.
6. Kant I. Criticism of practical reason // Kant I. Fundamentals of the metaphysics of morality; Critique of Practical Reason; Metaphysics of morals. – St. Petersburg: Nauka, 1995. – P. 121-258.
7. Kant I. Critique of Pure Reason / Transl. with him. N. O. Lossky with variants per. in Russian and European languages. – M.: Nauka, 1999.
8. Lega V.P. Cosmological proof of the existence of God of Aristotle and its development in Christian philosophy // XXVII Annual Theological Conference of the Orthodox St. Tikhon’s Humanitarian University. Sat. mat. conf. – M., 2017. – pp. 29-33.
9. Fokin A. R. From an intelligent creation to an intelligent Creator: ancient and patristic analogues of the argument from “fine tuning” // Bulletin of the Orthodox St. Tikhon’s University for the Humanities. Episode 1: Theology. Philosophy. Religious Studies. – 2017. – No. 73. – P. 30-40.
10. Chicherin B. N. Science and religion. – M.: Republic, 1999.
PHILOSOPHY. RIGHT. SOCIETY
DUNAEVSKIY Stanislav Vitaljevich
senior lecturer of Natural sciences and humanitarian disciplines sub-faculty of the S. Yu. Witte Moscow University
PHILOSOPHY OF HUMAN RESOURCE MANAGEMENT: A HUMANISTIC APPROACH
This study analyzes the evolution of the philosophy of human resource management throughout the 20th century, with special attention being paid to the transformational changes that occurred in the 1970s and 1990s. The main focus is on changing priorities in approaches to personnel management, starting from issues of ensuring the safety and health of employees and ending with an emphasis on the importance of organizational culture and innovation. The transition to a humanistic paradigm is noted, in which the central place is given to the person as a person, his needs and values. At the same time, the study reveals the difficulties associated with the implementation of a humanistic approach in management, especially in large organizations where there is a need for an individual approach to each employee. The importance of improving working conditions and providing social guarantees for staff is emphasized. The paper traces the transformation of management concepts from highly specialized models focused primarily on improving productivity and compliance with safety standards to more comprehensive and holistic approaches that take into accountthe human factor in all its diversity. The study demonstrates how, in the process of evolution of the philosophy of human resource management, the emphasis gradually shifted from the tasks of ensuring basic working conditions to the problems of motivation, engagement, potential development and self-realization of employees within the organizational environment . Special attention is paid to the role of organizational culture and innovation as factors contributing to improving the efficiency and competitiveness of enterprises in modern conditions.
Keywords: humanistic approach, management philosophy, organizational culture, humanization of management, working conditions, social security.
Bibliographic list of articles
1. Arkhipova N. I. Philosophy of personnel management as a moral and ethical core of the organization’s activities // Bulletin of the Russian State University for the Humanities. Series “Economics. Control. Right”. – 2015. – No. 3 (146). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/filosofiya-upravleniya-personalom-kak-nravstvenno-eticheskiy-sterzhen-deyatelnosti-organizatsii-1 (date of access: 05/26/2024).
2. Ivanova O. E., Gurbanov M. S. Philosophy of HRM as an understanding of people management in an organization // Forum of young scientists. – 2018. – No. 7 (23). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/filosofiya-hrm-kak-osmyslenie-upravleniya-lyudmi-v-organizatsii (date of access: 05.26.2024).
3. Lobanova T. N., Zakharova L. N., Leonova I. S. Psychology in personnel management: a new balance // Organizational psychology. – 2022. – No. 1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/psihologiya-v-upravlenii-personalom-novyy-balans (date of access: 05/26/2024).
4. Logvinova L. I. The importance of personal qualities of personnel for the effective functioning of the organization // Skif. – 2020. – No. 7 (47). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/znachimost-lichnostnyh-kachestv-personala-dlya-effektivnogo-funktsionirovaniya-organizatsii (date of access: 05.26.2024).
5. Madyarov A. A. Corporate social responsibility in the information society: features of personnel management in the 21st century // Bulletin of the State University of Management. – 2023. – No. 1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/korporativnaya-sotsialnaya-otvetstvennost-v-informatsionnom-obschestve-osobennosti-upravleniya-personalom-v-xxi-veke (date of access: 05.26.2024).
6. Nikolaev M. V. Development of personnel management strategy in organizations // Economics and society. – 2020. – No. 11 (78). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/razrabotka-strategii-upravleniya-personalom-v-organizatsiyah (date of access: 05/26/2024).
7. Rodin D.V. “Hard” and “Soft” approaches to managing human resources of an organization // Vestnik VUiT. – 2015. – No. 3 (34). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/zhestkiy-i-myagkiy-podhody-k-upravleniyu-chelovecheskimi-resursami-organizatsii (date of access: 05/26/2024).
8. Ryazantseva I.V., Samoylyuk T.A. Humanistic approach to human resource management // Theory and practice of social development. – 2016. – No. 6. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/humanisticheskiy-podhod-k-upravleniyu-chelovecheskimi-resursami (date of access: 05.26.2024).
9. Howell R. Analytical work on Kant – idealism, things in themselves and the object of knowledge // Kant collection. – 2017. – No. 4. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/analiticheskaya-rabota-nad-kantom-idealizm-veschi-v-sebe-i-obekt-znaniya (date of access: 05.26.2024).
10. Shishkina D. I. Theoretical approaches to determining the essence of human resource management of industrial corporations // Regional and industrial economics. – 2021. – No. 1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/teoreticheskie-podhody-k-opredeleniyu-suschnosti-upravleniya-chelovecheskimi-resursami-promyshlennyh-korporatsiy (date of access: 05/26/2024).
PHILOSOPHY. RIGHT. SOCIETY
KUZMENKO Alexander Anatoljevich
Ph.D. in biological sciences, associate professor of Computer technology and systems sub-faculty of the Bryansk State Technical University
PHILOSOPHICAL UNDERSTANDING OF THE CONCEPT OF LIFE ENVIRONMENT IN THE CONTEXT OF ERGODESIGNER DESIGN
The article highlights the philosophical aspects of ergodesign of the life environment, paying attention to its interdisciplinary nature and importance in the modern world. The key concepts related to the concepts of “environment” and “vital activity” are analyzed. They emphasize the importance of integrating various scientific and practical techniques to create harmonious and safe human living conditions in harmony with the natural environment. The purpose of the study is to conduct a philosophical analysis of the concept of the environment of life in the context of ergodesigner design. The obtained results emphasize the need to integrate a sociotechnological approach into the methodology of ergodesigner design of the living environment.
Keywords: ergodesign, environment, vital activity, socio-technological development of the world.
Bibliographic list of articles
1. Basov M. Ya. Selected psychological works. M.: Pedagogy, 197
2. Bernstein N. A. Essays on the physiology of movements and physiology of activity. M.: Medicine, 1966
3. Bertalanffy L. von. General theory of systems, critical review // Research on general theory of systems. M.: Progress, 1969. P. 23-82
4. Volkova V. N., Denisov A. A. Fundamentals of systems theory and system analysis. Ed. 2nd. St. Petersburg: St. Petersburg State Technical University, 1999
5. Gibson Day. An ecological approach to visual perception. M.: Progress, 1988.
6. Demidenko E. S., Dergacheva E. A., Popkova N. V. Philosophy of social and technological development of the world: articles, concepts, terms: scientific publication. M.: World Information Encyclopedia; Bryansk: BSTU, 2011. P. 186.
7. Demidenko E.S., Dergacheva E.A. Technogenic development of society and transformation of the biosphere. M.: Krasand, 2010. 288 pp.
8. Kant I. From the manuscript heritage (Materials for the “Critique of Pure Reason”, “Opus postumum”). M.: Progress-Tradition, 2000. 752 pp.
9. Kastler G. The emergence of a biological organization. M.: Mir, 1967.
10. Kuzmenko A. A. Philosophical understanding of ergoecological interaction in the design (ergodesign) of systems in the conditions of technogenic socio-natural development // Eurasian Legal Journal. 2023. No. 10 (185). pp. 532-536.
11. Markovich D. Zh. Social ecology. M.: Enlightenment, 1991.
12. Munipov V. M. Theory and practice of ergodesign. Special course program // In: Labor Psychology and Organizational Psychology. M.: MSU, 1977.
13. Munipov V. M., Zinchenko V. P. Fundamentals of ergonomics. Ed. Moscow University, 1979. 247 p.
14. Nesterov D.I. Ergonomics of the architectural environment: textbook. Chelyabinsk: SUSU Publishing Center, 2015. 65 p.
15. Ozhegov S.I. Dictionary of the Russian language: 70,000 words. M.: Russian language, 1990. P. 758.
16. Oparin A.I. The emergence of life on Earth. M.: Publishing House of the USSR Academy of Sciences, 1957. Progress-Tradition, 2000.
17. Petrov I.F. On the category of human “life activity” // Bulletin of science and practice. 2021. No. 7 (3). pp. 360-363.
18. Sergeev S.F. Methodology for ergonomic design of artificial intelligence systems for 5th generation aircraft // Mechatronics, Automation, Management. 2007. No. 11. P. 6-11.
19. Fragments of early Greek philosophers: Part 1. From epic theocosmogonies to the emergence of atomism. M.: Nauka, 1989.
20. Kuzmenko A. A., Filippov R. A., Filippova L. B. The formation of ergonomic thinking when designing complex information systems in the conditions of socio-technogenic development of the world / ITM Web of Conferences. II International Workshop “Hybrid Methods of Modeling and Optimization in Complex Systems” (HMMOCS-II 2023) Krasnoyarsk, Russia, November 28-30, 2023 Volume 59 (2024).
PHILOSOPHY. RIGHT. SOCIETY
MAKARCHUK Ivan Yurjevich
Ph.D. in Law, associate professor of Philosophy sub-faculty of the Humanitarian Institute of the Siberian Federal University, Krasnoyarsk
GRUZDEV Andrey Alexandrovich
Ph.D. in philosophical sciences, associate professor of Philosophy sub-faculty of the Humanitarian Institute of the Siberian Federal University, Krasnoyarsk
A. D. SAKHAROV’S SOCIO-POLITICAL VIEWS
The proposed article analyzes the socio-political views and ideas of the outstanding Soviet physicist, academician, human rights activist and thinker Andrei Dmitrievich Sakharov, who had a significant impact on the political and intellectual environment of his time. His socio-political views and ideals continue to be relevant at the present time. The academician advocated political and social reforms, proclaimed the need for openness and freedom of information, and supported the idea of active participation of citizens in policy-making. His socio-political views reflected a focus on a deep and principled struggle for justice, freedom and harmonious development of society. Sakharov’s ideals of democracy, freedom and human rights continue to inspire people and serve as a guide in the struggle for justice and the improvement of society.
Keywords: A. D. Sakharov, democratization of society, human rights, social justice, perestroika
Bibliographic list of articles
1. Bardakov A.I. Political utopias of the humanist A.D. Sakharov // Humanist and peacemaker A.D. Sakharov: conference materialsnations. ‒ Volgograd: Volgograd Institute of Management – branch of RANEPA, 2021.
2. Galinskaya I. L. Andrei Sakharov – the conscience of the world // Culturology. – 2014. – No. 4 (71).
3. Korovina I. Yu. Corruption and human rights according to A. D. Sakharov // Humanist and peacemaker A. D. Sakharov: conference materials. ‒ Volgograd: Volgograd Institute of Management – branch of RANEPA, 2021.
4. Mordasova V. V., Burmistrova Yu. V. A. D. Sakharov as a political thinker // Crossroads of History. Current problems of historical science: Materials of the XVII All-Russian Scientific Conference. ‒ Astrakhan: Publishing House “Astrakhan University”, 2021.
5. Sakharov A.D. Anxiety and hope. T. 1. ‒ M.: Vremya, 2006.
6. Sakharov A.D. Anxiety and hope. T. 2. ‒ M.: Vremya, 2006.
7. Tlepshev A.B. Social and philosophical views of academician A.D. Sakharov // Collection of scientific works of the XI All-Russian (national) scientific-practical conference dedicated to the 100th anniversary of the birth of academician Andrei Dmitrievich Sakharov. ‒ Nalchik: Federal State Budgetary Educational Institution of Higher Education “Kabardino-Balkarian State Agrarian University named after V. M. Kokov”, 2021.
8. Ugolkov I. A. Human rights activities and political and legal views of A. D. Sakharov // The Newman in Foreign policy. ‒ 2021. ‒ No. 58 (102).
9. Fedotov M. A., Deineko A. G. Constitutional ideas of academician Andrei Sakharov: a view from the digital era // Proceedings on intellectual property. ‒ 2023. ‒ T. 44. No. 1.
10. Yurovchik S. A. A. D. Sakharov – scientist, human rights activist // Pedagogical search. ‒ 2021. ‒ No. 5.
PHILOSOPHY. RIGHT. SOCIETY
ODINTSOVA Elena Alexeevna
Ph.D. in Law, associate professor of the M. Tugan-Baranovsky Donetsk National University of Economics and Trade
PETROVA Elena Igorevna
Ph.D. in philosophical sciences, associate professor of the M. Tugan-Baranovsky Donetsk National University of Economics and Trade
FROM CONSUMER IDEOLOGY TO REVIVAL IDEOLOGY
In recent decades, the topic of the influence of the process of consumerism (consumerism) on the social and spiritual life of society has been actively discussed in the media, in journalistic and scientific literature. Consumerism, from the practice of consuming necessary goods and services by a person, develops into the ideology of his existence, determines his main life-value orientations and attitudes. In this regard, the research topic seems relevant. The work examines the influence of the consumerism process on the social and spiritual life of society. The negative role of the ideology of consumerism on the development of society is noted and the need to abandon this ideology is substantiated. The necessity of developing a national ideology that consolidates society is substantiated. It is concluded that a revision of the neoliberal ideology of egocentrism and consumerism is necessary, otherwise humanity cannot avoid environmental and anthropological catastrophe.
Keywords: consumerism, consumerism ideology, individualism, neoliberalism, national ideology.
Bibliographic list of articles
1. Ivanova M. V. Ideology of consumerism as a phenomenon of modern liberal-democratic society // Bulletin of ChitSU. – 2008. – No. 4 (49). – P. 16-22.
2. Myakshev A.P., Gumenyuk A.A. Failure to create a consumer society in the USSR (1953-1985) // News of Saratov University. New episode. Series History. International relationships. – 2022. – T. 22. Issue. 4. – pp. 470-476.
3. Odintsova E. A. State ideology: strategy for the formation of modern society // Scientific potential. – 2020. – No. 3 (30). – pp. 61-64.
4. Mantatov V.V., Mantatova L.V. On the way to sustainable development of the world: a communitarian strategy for the life structure of communities of people // Bulletin of the Buryat State University. – 2020. – No. 1. – P. 4-11.
5. Baudrillard J. Consumption Society. Its myths and structure / Transl. from fr. E. Samarskaya. – M.: Republic; Cultural Revolution, 2006. – 269 p.
6. Radaev V.V. Sociology of consumption: basic approaches // Sociology of research. –2005. – No. 1. – P. 5-18.
7. Ivanova M. V. Main directions of the policy of the social state in relation to the ideology of consumerism // Bulletin of ChitSU. – 2008. – No. 6 (51). – pp. 170-175.
8. Ilyin A. N. Consumption culture as a factor in the transformation of family values // Scientific notes of KnAGTU. – 2019. – No. 1. – 2 (37). – pp. 83-91.
9. Dronov V. T. About the new Russian ideology: pros and cons // News of the Russian State Pedagogical University named after. A. I. Herzen. – 2010. – No. 1. – P. 144-151.
PHILOSOPHY. RIGHT. SOCIETY
POZDYAEVA Svetlana Mikhaylovna
Ph.D. in philosophical sciences, professor, professor of Philosophy and cultural studies sub-faculty 0f the Ufa University of Science and Technology
MYTH IN AN UNSTABLE SOCIETY
The article provides a socio-philosophical analysis of the viability of myths in modern society, as well as the features of their substantive changes under the influence of social reforms. The author believes that modern myth is a special way of constructing social changes, revealing their dynamic nature, which is based on traditional meanings, but goes through certain stages of transformation. The author comes to the conclusion that myth-making is immanently inherent in mass consciousness, while modern myth itself is ambivalent, since it carries both positive and negative features. What impact a myth will have on social development depends on the specific historical and sociocultural situation in which it is constructed and applied.
Keywords: vitality of myth; myth-making; archaic, scientific, reconstructed myths; mass consciousness, social development.
Bibliographic list of articles
1. Bart R. Mythologies. – M.: Academic Project, 2008. – 351 pp.
2. Vetoshkina E. A. Social myth as a means of manipulating the consciousness of society // Bulletin of the KRSU. – 2009. – Volume 9. No. 6. – P. 33-36.
3. Gurevich P.S. Ancient and modern myth / Philosophy of culture. [Electronic resource]. – Access mode: http://society.polbu.ru/gurevich_culturephilo/ch26_i.html.
4. Zinatullina Yu. Sh., Pozdyaeva S. M. Myth-making in Russia (social and philosophical analysis): monograph. – Ufa: RIC BashSU, 2016. – 152 p.
5. Leshkevich T. G. Uncertainty in the world and the world of uncertainty: (Philosophical reflections on order and chaos) / Rost. state univ. – Rostov n/d: Publishing house Rost. University, 1994. – 231 p.
6. Toshchenko Zh. T. Time of myths and ways to overcome them // Sociological studies. – 2006. – No. 1. – P. 37-45.
7. Shakhnovich M.I. Primitive mythology and philosophy [Text]: Prehistory of philosophy; Academy of Sciences of the USSR. – Leningrad: Science. Leningr. department, 1971. – 238 pp.
8. Schiller G. Manipulators of consciousness. – M., Mysl, 1980 – 325 pp.
PHILOSOPHY. RIGHT. SOCIETY
RAVOCHKIN Nikita Nikolaevich
Ph.D. in philosophical sciences, associate professor, professor of History, philosophy and social sciences sub-faculty of the T. F. Gorbachev Kuzbass State Technical University, Kemerovo; professor of Pedagogical technologies sub-faculty of the V. N. Poletskov Kuzbass State Agricultural University
SHEPELEVA Sophia Alexeevna
Ph.D. in technical sciences, associate professor, Head of Physics sub-faculty of the T. F. Gorbachev Kuzbass State Technical University, Kemerovo
OLEKSENKO Elizaveta Mikhaylovna
postgraduate student of History of philosophy and logic sub-faculty of the National Research Tomsk State University
SOCIOCULTURAL DYNAMICS IN THE REALITIES OF DIGITALIZATION: PHILOSOPHICAL ANALYSIS (PART 2)
The article presents a philosophical analysis of changes in sociocultural dynamics under the influence of digitalization. In the second part, the authors examine transformations in various principles of society of life. The modification specification of the modification has been identified. The consequences of decentralization between various actors of the modern world are determined. A comparative analysis was carried out between methods of control in traditional and digital models of the state. It is clarified that strong power centers are transmitted through diffusion processes. The authors substantiate the popularity of the use of advanced technologies in the economic sphere. Emphasis is placed on personalizing the relevant processes for various agents. In conclusion, the results of the study are presented.
Keywords: digitalization, society, power, economics, communication.
Bibliographic list of articles
1. Dolzhenko I. B. Digital marketing of transnational corporations in the fashion industry // Journal of Applied Research. – 2021. – No. 2-4. – pp. 27-33.
2. Levitskaya I. A. Digital transformation of sociocultural dynamics as a systemic information process // International scientific research journal. – 2021. – No. 8 (110). – pp. 153-156.
3. Loseva E. S. Digitalization as a sociocultural construct // Azimuth of scientific research: pedagogy and psychology. – 2021. – T. 10. No. 2 (35). – pp. 372-375.
4. Naim M. The end of power. – M.: Corpus, 2016. – 512 pp.
5. Ravochkin N. N. Social and philosophical analysis of political and legal institutions of the New Age and Postmodern // Humanitarian of the South of Russia. – 2018. – T. 7. No. 1. – P. 94-102.
6. Rozina I. N. Digitalization of education. [Electronic resource]. – Access mode: http://ito.1gb.ru/tezises/1027.doc (date of access: 02.27.2024).
7. Fomicheva T.V., Kataeva V.I. Values Russians in the context of digitalization of the Russian economy // Living standards of the population of Russian regions. – 2019. – No. 2 (212). – pp. 80-84.
PHILOSOPHY. RIGHT. SOCIETY
SOBKO Ruslan Vasiljevich
Ph.D. in philosophical sciences, associate professor of the Volga branch of the Russian State University of Justice, Nizhny Novgorod
SPIRIN Vasiliy Konstantinovich
master of philosophy, lecturer of the Nizhny Novgorod Theological Seminary
TRETYAKOV Ilya Sergeevich
bachelor of theology, master of religious studies, lecturer of the Nizhny Novgorod Theological Seminary
IS FEMALE PRIESTHOOD BELIEVABLE IN RUSSIAN TRADITIONAL CULTURE: REFLECTIONS ON THE PHILOSOPHICAL INTUITION OF RELIGIOUS CULT FROLOVA S. R.
This article continues a series of studies devoted to the Nizhny Novgorod cult in honor of the icon of the Mother of God “Resurrecting Russia”. In the previous article on the pages of the Eurasian Law Bulletin we considered the question of the mariology of the religious phenomenon under study, as well as the Christology and pneumatology of Frolova S.R. In this article we decided to discuss the traditionality or non-traditionality of the female priesthood in the context of the philosophical views of both Matushka Photinia herself and the religious and philosophical background accompanying her cult. To some extent, the tradition of Frolova S.R.’s Temple of Light reflects the history of the search for a spiritual alternative to Christianity traditional of the late 19th and early 20th centuries. This can include both European feminist religiosity and Russian Khlystovism, sophiology together with the religious and poetic tradition of the Silver Age, and the ideas of alternative catacomb Orthodoxy of the early Soviet, Soviet, and post-Soviet periods.
Keywords: Icon “Resurrecting Russia”, Abode of Light, Frolova S. R., Matushka Fotinia, Great Mother, Wiccanism, female priesthood, sophiology, Silver Age.
Bibliographic list of articles
1. Sobko R.V., Spirin V.K., Tretyakov I.S. Christology and pneumatology of Mother Photinia: on the question of the religious affiliation of the cult of Frolova S.R. // Eurasian Legal Journal. – 2023. – No. 9 (184). – pp. 323-325. – EDN COOONM.
2. Sobko R.V., Spirin V.K., Tretyakov I.S. Is the cult in honor of the icon “Resurrecting Rus’” Mariological? // Eurasian legal journal. – 2023. – No. 8 (183). – pp. 528-530. – EDN UUAJZD.
3. The Secret of Elder Theodosius: The Legend of the Life and Miracles of the “Jerusalem Father” – Rev. Theodosius of the Caucasus / Anna Ilyinskaya. – Moscow: Pravoslav. pilgrim: Journal. “Verbs of Life”, 1997. – 238 p., [2] l. ill.: ill., portrait, fax; 20 cm. – (Pilgrim Library)
4. Sobko R.V. Union of scarlet and white roses (religious and philosophical feuilleton) // Damascene. – 2014. – No. 4 (29). – P. 42-52. – EDN LXOOQF.
5. Newspaper “Temple of Light” No. 1. [Electronic resource]. – Access mode: https://hram-vr.narod.ru/gazeta-hram-sveta1.pdf (date of access: 04/19/2024).
6. Doyle White E. Wicca: History, belief, and community in modern pagan witchcraft. Eastbourne. – Chicago: Sussex Academic Press, 2016
7. Witches for Putin. Magic ritual. (2020). [Electronic resource]. – Access mode: https://www.youtube.com/watch?v=gqrGLPIgiNY (date of access: 04/19/2024).
8. Dyachenko T. A. Oriental motifs and images in Russian poetry 1880-1890: Diss. Ph.D. Philol. Sci. ASU named after Tatishcheva. Astrakhan, 2024 – 165 p. [Electronic resource]. – Access mode: https://vgpu.org/sites/default/files/disfiles/dissertations/dissertaciya_dyachenko_t.a.pdf (date of access: 04/19/2024).
PHILOSOPHY. RIGHT. SOCIETY
KHARCHENKO Denis Olegovich
lecturer of the 16th Department of Information Support of the Prince Alexander Nevsky Military University of the Ministry of Defense of the Russian Federation
A SPECIAL MILITARY OPERATION IN UKRAINE AS A WAY TO COMBAT THE NEGATIVE MANIFESTATION OF SUPERMAN
Abstract. In this article, the author examines the problem of superman and his negative manifestations on a global scale from the perspective of social philosophy. The author defines the origins of the concept of “superman” and analyzes the ways to achieve such a state from the point of view of various researchers. The article also describes proxy wars as one of the methods of world domination. The rejection of moral principles, moral attitudes and the desire for power, to impose their own rules, invested by F. Nietzsche’s concept of “superman” has become a guide to action in the United States and NATO countries, which seek to maintain leadership positions in geopolitics. The author points out that the special military operation in Ukraineis a retaliatory and forced measure against the actions of Western countries in attempts to establish their own rules. At the same time, it is noted that many Eurasian countries are ready to unite in order to prevent the imposition of someone else’s ideology and come to a multipolar world, where many even small but strong states can influence world processes. Russia, relying on its traditional values, on support, assistance, respect for foreign culture and interests, is trying to suppress the negative manifestations of superpowers by conducting its own.
Keywords: superman, superpower, will to power, proxy war, special military operation, moral values.
Bibliographic list of articles
1. Lawrence J. S, Jewett R. Captain America and the crusade against evil: the dilemma of zealous nationalism. Grand Rapids, Michigan: Wm. B. Eerdmans Publishing, 2004. P. 29-31.
2. Rondeaux C., Sterman D. Twentyfi rst Century Proxy Warfare. Confronting Strategic Innovation in a Multipolar World. [Electronic resource]. – Access mode: https://www.newamerica.org/international-security/reports/twentyfirst-century-proxy-warfare-confrontingstrategic-innovation-multipolar-world/ (access date: 03.13.2024).
3. Bartosh A. A. Proxy war as a determining factor in military conflicts of the 21st century // Military Thought. 2023. No. 5. P. 61-74.
4. Belyaev D. A. Specificity of the linguistic-semantic existence of the term/concept “superman” in the German, Russian and English language traditions // Fundamental Research. 2013. No. 4. Part 2. P. 511-514
5. Belyaev D. A. Philosophical definition of superman // Izv. Sarat. un-ta. New ser. Ser. Philosophy. Psychology. Pedagogy. 2014. T. 14. Issue. 3. pp. 9-14. P. 10.
6. Bovdunov A. Superman and the American political tradition // Geopolitics. Information and analytical publication. M., 2011. Issue VIII. P.35-43.
7. Golovko L.V. The US proxy war against Russia in Ukraine: origins, goals and course of the first year of military operations // Military Historical Journal. 2023. No. 10. P. 116-118.
8. Znamensky S.P. “Nietzsche’s Superman” // Nietzsche.ru. – [Electronic resource]. – Access mode: https://nietzsche.ru/look/century/znamenski/ (access date 03/13/2024)
9. Isachenko N. N. The idea of a “superman” in philosophical discourse // Fundamental Research. 2014. No. 11 (part 9). pp. 2086-2089.
10. Lucian. Selected Prose. M.: True. 1991. 720 p.
11. Mikryukov V. Proxy war // Research Center for National Security Problems. [Electronic resource]. – Access mode: https://nicpnb.ru/analytics/proksi-vojna/ (date of access: 01/20/2023)
12. Nebrenchin S. M. Special military operation in Ukraine – 2022: war with the collective West // Materials of the Fifth International Scientific and Practical Conference “Greater Eurasia: National and Civilizational Aspects of Development and Cooperation.” 2023. Issue 6. Part 1. pp. 287–290.
13. Address by the President of the Russian Federation on February 24, 2022. // Website of the President of Russia. [Electronic resource]. – Access mode: http://www.kremlin.ru/events/president/news/67843 (date accessed 03/13/2024).
14. Solovyov V.S. Works: in 2 volumes. M., 1988. T. II. 822 pp.
PHILOSOPHY. RIGHT. SOCIETY
FARKHITDINOVA Olga Mikhaylovna
Ph.D. in philosophical sciences, associate professor, associate professor of Ontology and theory of cognition (Section of Religious Studies) sub-faculty of the first President of Russia B. N. Yeltsin Ural Federal University, Yekaterinburg
RELIGIOUS STUDIES EXPERTISE: THE PROCESSES OF INSTITUTIONALIZATION, THE FORMATION OF METHODOLOGY AND RESEARCH DIRECTIONS IN MODERN RUSSIA
The article analyzes the stages of the formation of religious studies expertise. The reasons and factors influencing its institutionalization in modern Russia are shown. The author substantiates the thesis that religious research of information materials as a type of expert activity is not identical to religious research in the field of religious studies, requires a special methodology, methods of posing questions, formulations of problems. New ways of displaying religious meanings are shown, in such types of digital symbolic codes as memes and hashtags. It is concluded that the system of digital narratives (narratives), in which the ontology of religion is manifested, has led to changes in the fields of perception of religion, the generation of new meanings indirectly related to religion, their hybridization, which became the reason for the formation of judicial religious expertise.
Keywords: religious studies expertise, judicial religious studies expertise, institutionalization processes, methodology of new types of expertise, religious ontology.
Bibliographic list of articles
1. Astapov S. N. Rereligious studies aspect of examination in cases of insult to religious beliefs and feelings // Theory and practice of forensic examination. – 2017. – T. 12. No. 1. – P. 99.
2. Zagrebina I.P. State religious studies examination: theory and practice. – M.: Publishing House “Jurisprudence”, 2012. – 224 p.
3. Illarionov S.V. Theory of knowledge and philosophy of science. – M.: “Russian Political Encyclopedia” (ROSSPEN), 2007. – 535 pp.
4. Lunkin R. N. Churches in politics and politics in churches. How modern Christianity is changing European society. – M.: IE RAS: Nestor-History, 2020. – 488 p.
5. Nikishin V.D. Verbal religious extremism. Legal qualifications. Expertise. Judicial practice / Ed. E.I. Galyashina. – Moscow: Prospekt, 2019. – 240 pp.
6. Pivovarov D.V. Culture and religion: sacralization of basic ideals. – Ekaterinburg: Ural Publishing House. University, 2013. – 248 p.
7. Sekerazh T. N., Kuznetsov V. O. Research of information materials – a current direction of forensic activity // Journal “Law”. – No. 10, October. – 2019. – pp. 80-89.
8. Torchinov E. A. Religions of the world: experience of the beyond. Psychotechnics and transpersonal states. – St. Petersburg: “ABC-classics”, “Petersburg Oriental Studies”, 2005. – 544 p.
9. Fedorchenko S. N. The power of the algorithm: technologies for legitimizing political regimes in the conditions of digitalization. – Moscow: Prospekt, 2023. – 480 pp.
10. Elbakyan E. S. Metamorphoses of institutional religiosity // Bulletin of the Leningrad State University named after A. S. Pushkin. – 2023. – No. 3. – P. 153-170.
PHILOSOPHY. RIGHT. SOCIETY
SHAYKHUTDINOVA Irina Irikovna
senior lecturer of the Ufa University of Science and Technology
LUKMANOVA Regina Aidarovna
postgraduate student of the 3rd year of study of the Ufa University of Science and Technology
DEVELOPMENT OF STUDENT VOLUNTEER ACTIVITY
The paper analyzes the current state and prospects for the development of student volunteer activities. The factors influencing student involvement in volunteering, as well as the role of the university in supporting and developing this area are considered. The article is based on the results of a study conducted among university students. The authors analyze the motivations and barriers faced by student volunteers, and also identify the most popular areas of volunteer activity. The study showed that student volunteer activity is an important factor in the formation of civic responsibility and social activity of young people, based on altruistic thought.
Keywords: volunteering, volunteering, educational institution, student, sociological survey, society.
Bibliographic list of articles
1. Google form. The role of volunteering. [Electronic resource] – Access mode: https://docs.google.com/forms/d/e/1FAIpQLSd5LwGg6xcaa6z-a6lnMQCE97Qq_9646GDeZH6a-bckOmV8ug/viewform?usp=sharing
2. Lukmanova R. A., Shaikhutdinova I. I. The role of the volunteer in the modern world // Bulletin of the Bashkir State Pedagogical University. M. Akmulla. – 2023. – T. 1. – No. S1 (66). – pp. 197-202.
3. Shaikhutdinova I. I., Lukmanova R. A. Historical aspects of the development of charity and mentoring in Russia. In the collection: Mavlyutov’s readings. materials of the XVI All-Russian Youth Scientific Conference. – Ufa, 2022. – pp. 1343-1352.
4. Shaikhutdinova I. I., Lukmanova R. A. Charity and mentoring // Man. Society. Culture. Socialization: materials of the XVIII International Youth Scientific and Practical Conference / Ed. T. Z. Urazmetova. – Ufa: Print+ LLC, 2022. – P. 305-312.
5. Rakhmatullina Z. Ya. The world rests on culture: philosophical understanding: monograph. – Ufa: RIC BashSU, 2021. – pp. 8-9, 85-87.
6. Kholina O. Volunteering as a social phenomenon of modern Russian society. // Theory and practice of social development. – M., 2011. – No. 8. – P. 71-73.
7. Bodrenkova G. K., Karavaeshnikov S. V. Systematic development of youth volunteering in the context of promoting a healthy lifestyle. Guidelines. – M., 2011. – 88 p.
8. Fromm E. To have or to be. – M.: Progress, 1986. – P. 69-74, 113-115, 126, 130-131, 136, 160-161.
PHILOSOPHY. RIGHT. SOCIETY
DIKHTEMIROV Mikhail Sergeevich
competitor of the Ph.D.
THE RUSSIAN EXPERIENCE OF SOCIO-PHILOSOPHICAL REFLECTION ON THE PHENOMENON OF MIGRATION (based on the materials of the RSL dissertation Fund)
The review article discusses the content of one of the complex and multifaceted concepts of some human sciences – “migration”. The purpose of the article is to analyze the specifics socio-philosophical discourse study of migration research. The scientific novelty of the article is implementation of the socio-philosophical discourse as an approach in social philosophy, which allowed expanding the ways of understanding migration, isolating the links between migration as part of the social process and the methodological basis of social philosophy, and also tracing the multiple meanings of the phenomenon under study. The methodological basis of the research is the discourse analysis of scientific texts (articles, abstracts of dissertations) of social philosophers who are involved in the study of migration processes. The structure of the article in addition to the introductory and final parts includes four thematic blocks, which reveal various socio-philosophical aspects of migration. The logic of the formation of these blocks is based on the content of those researches which were used by the author in the course of writing this study. The results of the study. The analysis of the sources, carried out by the author, gives grounds to assert that in the reflexive field of social philosophy, this concept is not fully reflected in the scientific discourse. As a social and objective phenomenon in socio-philosophical discourse, migration appears: in the form of social matter; as a movement of people between collectivist and individualistic types of sociality; a way to ensure the survival of mankind; how extraterritorial communities are constructed; spatial expression of the social reproduction of human life, intellect and culture; one of the most important forces in the internal organization of society; a factor that simultaneously destabilizes and consolidates society; a factor in the transformation of the socio-cultural space, both a separate region and the whole world; the subject of both the production of risks and their management; as part of the process of globalization of the world; as a special form of sociality. In turn, at the individual level, migration can act: in the form of a person’s desire to survive, to realize a certain goal or lifestyle; as a way to gain freedom; as a reaction to social reality and possible threats; as an opportunity for human development; as a set of extended, recombining, successive types of activity; as part of the human development process.
Keywords: migration; society, socio-philosophical discourse, socio-philosophical reflection, subject field of social philosophy.
Bibliographic list of articles
1. Irkhin Yu. V. Discourse analysis: essence, approaches, methodology, design // Social and humanitarian knowledge. 2014. No. 4. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/diskurs-analiz-suschnost-podhody-metodologiya-proektirovanie (date of access: 02/13/2022).
2. Preobrazhenskaya N. M. Migration in the context of globalization: social and philosophical aspects: abstract of thesis. … Candidate of Philosophical Sciences: 09.00.11; [Place of protection: Moscow. state University named after M. V. Lomonosov. Philosophy fak.]. Moscow, 2007. 26 p.
3. Mochkina V. Kh. Migration as a way of existence of society: Social and philosophical analysis: abstract of thesis. … Candidate of Philosophical Sciences: 09.00.11 / Siberian Aerospace. acad. them. acad. M. F. Reshetneva. Krasnoyarsk, 2006. 22 p.
4. Drokin M. S. Social and philosophical analysis of the phenomenon of migration: abstract of thesis. … candidate of philosophical sciences: 09.00.11 / Ivanovo State. University”. Ivanovo, 2010. 24 p.
5. Metelev I. S. Social and philosophical aspects of migration // Power. 2010. No. 12. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sotsialno-filosofskie-aspekty-migratsii/viewer (access date: 03.15.2022).
6. Metelev I. S. Social and philosophical principles of migration analysis // ONV. 2011. No. 4 (99) [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sotsialno-filosofskie-printsipy-analiza-migratsii (date of access: 03.15.2022).
7. Verpatova O. Yu. Migration in the context of a globalizing sociocultural space: socio-philosophical analysis: abstract of thesis. … Candidate of Philosophical Sciences: 09.00.11; [Place of protection: Moscow. state region University]. Mytishchi, 2018. 28 p.
8. Volkov E.V. Migration processes in the context of globalization: sociocultural aspect: abstract of thesis. … Candidate of Philosophical Sciences: 09.00.11; [Place of protection: Krasnodar. University of the Ministry of Internal Affairs of Russia]. Krasnodar, 2010. 26 p.
9. Shumenko M. A. Ethnic migration in the context of intercultural interactions: abstract of thesis. … Candidate of Philosophical Sciences: 09.00.13; [Place of protection: South. federal University]. Rostov-on-Don, 2009. 22 p.
10. Dyzhin S. E. Migration processes in a risk society: socio-philosophical analysis: abstract of thesis. … Candidate of Philosophical Sciences: 09.00.11; [Place of protection: Sa-rat. national research state University named after N. G. Chernyshevsky]. Saratov, 2019. 20 p.
11. Litvinova I. A. Social networks of adapting migrants as a subject of philosophical analysis: abstract of thesis. … Candidate of Philosophical Sciences: 09.00.11; [Placesabout protection: Novosib. state tech. University]. Novosibirsk, 2010. 26 p.
12. Motalov Yu. G. Regional community and ethnic migrants: social and philosophical analysis of the correlation of needs: abstract of thesis. … Candidate of Philosophical Sciences: 09.00.11; [Place of protection: Moscow. state tech. University named after N. E. Bauman]. Moscow, 2013. 23 p.
13. Kachalov P. N. Demographic aspect of the reproduction of social space: socio-philosophical analysis: abstract of thesis. … Candidate of Philosophical Sciences: 09.00.11; [Place of protection: Chuvash. state University named after I. N. Ulyanova]. Saransk, 2009. 20 p.
14. Veselkova E. O. Social and philosophical analysis of Russian emigration: abstract of thesis. … Candidate of Philosophical Sciences: 09.00.11; [Place of protection: Tver. state University]. Tver, 2011. 19 p.
15. Khaitov F.K. Sociocultural features of the manifestation of migration processes in Tajikistan: socio-philosophical analysis: abstract of thesis. … Candidate of Philosophical Sciences: 09.00.11; [Place of defense: Institute of Philosophy named after. acad. A. M. Bogoutdinova AN Rep. Tajikistan]. Dushanbe, 2011. 20 p.
16. Dikhtemirov M. S. Migration factors as a mirror of the state of society (based on the analysis of migration processes in the Republic of Crimea) // Scientific journal “Aspirant Bulletin of Povolozhye”. 2021. No. 3-4 [Electronic resource]. – Access mode: https://elibrary.ru/item.asp?id=47302188 (date of access: 04/16/2022).
PHILOSOPHY. RIGHT. SOCIETY
EPIFANTSEVA Anastasiya Eduardovna
student of the Far Eastern Federal University, Vladivostok
MOROZOVA Angelika Albertovna
student of the Far Eastern Federal University, Vladivostok
SAFONOVA Asya Yurjevna
student of the Far Eastern Federal University, Vladivostok
PHILOSOPHICAL PARADIGMS AND SOCIOLOGICAL ANALYSIS OF CONFLICTS IN MODERN SOCIETY
This article is devoted to the study of conflicts in modern society through the prism of philosophical and sociological paradigms. Classical and modern philosophical theories of conflict are considered, including dialectical, existential approaches, paradigms of justice and recognition. Sociological theories such as functionalism, conflictology, and symbolic interactionism complementary philosophical concepts by providing empirical evidence and analysis of social structures. A comparative analysis of philosophical and sociological approaches is carried out, their similarities and differences are revealed. The philosophical aspects of conflicts, including ethical, metaphysical and epistemological dimensions, are investigated. Sociological analysis focuses on the influence of social structures, changes and groups on the dynamics of conflicts. The article emphasizes the importance of an interdisciplinary approach combining philosophical and sociological theories for a comprehensive understanding and effective conflict resolution, which contributes to social harmony and progress.
Keywords: conflict, philosophical paradigms, sociological analysis, dialectics, existentialism, justice, recognition, functionalism, conflictology, symbolic interactionism, social structures, ethics, metaphysics, epistemology, interdisciplinary approach.
Bibliographic list of articles
1. Ziyazov R. A., Khramova K. V. Social and philosophical foundations of interinstitutional conflicts in the modern world // CyberLeninka. – 2020.
2. Sycheva E. Yu., Kusova L. N., Timofeeva V. A. Discourse of the nature of conflict in classical sociology // CyberLeninka. – 2020.
3. Solomatina E. N. Modern theories of conflict resolution // CyberLeninka. – 2020.
4. Sukhov A. N., Social structure of society: social, philosophical and sociological problems // CyberLeninka. – 2020.
5. Petrovskaya L.I. Methods of prevention and resolution of political conflicts // Political science. – 2021. – No. 4. – P. 45-59.
6. Ivanova M. S. Philosophical aspects of social conflicts // Bulletin of philosophy and sociology. – 2022. – T. 34. No. 2. – P. 89-104.
PHILOSOPHY. RIGHT. SOCIETY
IKHSANOV Artur Uralovich
postgraduate student of the Higher School of Philosophy and Sociology of the Ufa University of Science and Technology
ETHNOCULTURAL IDENTITY IN THE CONTEXT OF GLOBALIZATION
The article is devoted to the consideration of problems of ethnocultural identity in the context of globalization. The author notes that in the context of globalization, the development trends of ethnic groups are becoming more complex and diverse, when the borders between countries are erased, and communication becomes global, then the issues of preserving the uniqueness and originality of each ethnic group become especially relevant. Culture, being a living and dynamic phenomenon, is also constantly changing and developing under the influence of external and internal factors; globalization, in turn, is one of these external factors.
Keywords: culture, globalization, ethnicity, ethnocultural identity, unification, standardization, spiritual culture, nationality, identity, mythology, ideology, material culture, politics, post-industrial society.
Bibliographic list of articles
1. Mukhutdinova T.Z., Khrapal L.R. Cultural globalization and environmental education of the modern pedagogical community. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kulturnaya-globalizatsiya-i-ekologicheskoe-obrazovanie-sovremennogo-pedagogicheskogo-soobschestva.
2. Semenova V. G., Skorokhodova O. S., Zozulya P. Yu. Representation of Bashkir national interests in the political process of modern Russia: mechanisms, institutions, informal practices // News of Saratov University. New episode. Series: Sociology. Political science. – 2021. – T. 21. Issue. 2. – pp. 226-232. This article is published under the terms of the Creative Commons Attribution License (CC-BY 4.0) Available at: https://doi.org/10.18500/1818-9601-2021-21-2-226-232.
3. Usmanova A. Sh. Karimova D. M. The problem of ethnocultural identity in the context of globalization. 2019. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/problema-etnokulturnoy-identichnosti-v-usloviyah-globalizatsii.
INDEXING OF THE JOURNAL
International scientific and practical law journal Included in the VAK Ministry of Education and Science of the Russian Federation list
6,736 ВСЕГО, 8 СЕГОДНЯ