CONTENT OF NUMBER AND SUMMARIES OF ARTICLES
EURASIAN LAW JOURNAL №8(195)2024
PERSONA GRATA
V. A. Trapeznikov:
About myself and about science
Interview with the Ph.D. in Law, Deputy General Director of Legal Affairs of the Subsidiary of PJSC NK Rosneft Trapeznikov Valeriy Anatoljevich
INTERNATIONAL LAW
Anisimov I. O., Gulyaeva E. E.
Common heritage of mankind and world heritage: relationship of concepts
Jamaldinova A. U.
The conflict between Israel and Palestine is a confrontation between two countries
Egorov A. M., Egorov I. A.
Security and peacemaking in African Union integration mechanisms
Kichenina V. S.
Directions of development of space policy of India, China and the Russian Federation in the field of space resources use
Prikhodko T. V., Shastina A. R.
The state’s derogation of rights and freedoms exercise
Solntsev A. M., Chernykh I. A.
International legal aspects of Lunar environmental protection
Derkach P. A.
Legal basis for regulating the sphere of culture and art in the Russian Federation
Gabdulkhakov M. F.
Specific features of contractual regulation of relations in the energy sector of the Republic of Kazakhstan
Yang Yu, Tan Bowe
Soft power in the age of digital media: strategies and impacts of cross geopolitical cultural communication
INTERNATIONAL PRIVATE LAW
Bakhmetjev P. V.
Copyright on neural network works: international experience and development prospects
Demirchyan V. V.
Legal regulation of international electronic commerce in the UNCITRAL Model Laws
Simatova E. L.
Transformation of doctrinal approaches to establishing state jurisdiction in the context of global digitalization
THEORY OF STATE AND LAW
Dushkina E. V., Demidov A. V.
Legal and technical requirements for improving regulatory legal acts
Ismagilov I. R., Mikulenko F. A., Prokofjev K. G.
Property as a moral and legal value (experience of classical philosophy of law)
Semenovykh A. E.
The concepts of “legal protection” and “legal defense” in legal science
Platonov V. M.
Differentiation of subjects of competence and powers between levels of public authority in the regulation of the electoral process
Zhuravkov A. A.
On the issue of distinguishing formalism at the stage of evaluating evidence and at the stage of interpreting the rule of law
Gasanov A. K.
Basic models of legal development: evolutionary-civilizational approach
Dzhalmukhanov R. G.
The concept, essence and meaning of the law enforcement function of the state
Zhuk A. S.
On the issue of theoretical justification for the value nature of the state
Zhuravkov A. A.
Judicial discretion as a way to overcome legal formalism: problems of application
HISTORY OF STATE AND LAW
Krasilnikov S. V.
Police reform of Ekaterina II, as a result of the influence of similar transformations in Western Europe in the XVI-XVIII centuries
Mikhaylik A. A.
Features of the historical development of Anglo-Saxon law
Gerasimenko A. A.
The fight against economic crimes at the turn of the 70s and 80s of the 20th century in the USSR
Kartamysheva O. E.
The mechanism of protection of the constitutional rights and freedoms of Russian citizens: analysis of the problems of functioning
Kavaleryan A. K.
Issues of the pre-revolutionary and Soviet period in the administrative and legal regulation of the state management of the cinema sphere
CONSTITUTIONAL LAW
Gabieva S. M., Gadzhieva S. I.
The principle of separation and interaction of powers in the system of Russian constitutionalism
Nartikov G. A., Gatsolaeva A. Kh.
Features of the implementation of the constitutional right of citizens to appeal to the judicial authorities as a public authority in the Russian Federation
Novopavlovskaya E. E.
Issues of legislative support of the electoral process in the Russian Federation (based on foreign experience)
Boguslavskaya N. A.
The principle of constitutional identity within the framework of the protection of traditional values
Omarov H. A., Ramazanova E. T.
Evolution of constitutional and legal regulation of the constitutional system in the basic laws of Russia
Saidov H. A., Nimatulaeva R. A.
The constitutional principle of separation of powers and anti-corruption issues
Tharovskaya O. Yu., MaltsevA E. V., Russu O. D.
The state and the family: the legal foundations of interaction and their implementation
ADMINISTRATIVE LAW
Vasiljev A. A.
On the issue of illegal placement of capital construction facilities on water bodies
Keramova S. N., Dadaeva M. I.
The place and role of the Federal Treasury in the system of state financial control bodies
Miftakhov R. L., Rakhmatullina R. M.
Novelties of administrative and legal regulation of Internet advertising in Russia
Morozov S. A.
Functions of administrative control and supervisory procedures
Cherenkova P. A., Yakunin D. V.
The problem of the balance of interests in the implementation of the mechanism of unilateral refusal of the customer to execute the state (municipal) contract
Tsapina V. A., Kurbanov A. V., Khachatryan A. E., Chernov Yu. I.
Minors as subjects of administrative responsibility
CIVIL LAW
Alieva R. S., Suleymanova S. A.
The civil status of state-owned institutions in the Russian Federation
Аlsynbaeva E. M., Rezyapova G. F.
Specifics of application of escrow account agreement in shared construction
Ananjeva E. O., Ivliev P. V.
Prospects for the development of financial leasing in the real estate sector
Getman Ya. B., Rybakova S. V.
The balance of interests in the qualification of the unilateral refusal of the seller, with the condition of impossibility of execution of the contract
Dadayan E. V.
On the issue of methods (procedure) of settlements under the contract of sale of real estate
Kiyko A. Yu., Ignatjeva N. Yu.
Legal approaches to the definition of risk in aleatory transactions
Komlev E. Yu., Biryukov I. A., Khasieva Kh. L.
Evolution of lobbying activities: a comparative analysis of the Anglo-American and European-Continental models
Konovalchuk M. V.
Legal regulation of social support for persons sentenced to imprisonment who belong to the category of orphans and children left without parental care
Letyagina E. A.
Removing a child from the family: problems of theory and practice of application
Lonchakova Yu. A.
Features of legal regulation of forwarding activities in transport logistics
Motasova D. D.
Current issues of legal regulation of unmanned aerial vehicles at the present stage
Paraskevova S. A., Shapoval O. V., Grinko N. R.
Legal qualification of the “take or pay” contractual terms
Poletaeva E. L.
Approaches to understanding silence
Semyannikova D. A.
Features of the legal regulation of social security for citizens who have joined the volunteer formation
Storozheva A. N.
On the issue of termination of the garden non-profit partnership
Tuzhilova-Ordanskaya E. M., Galyautdinova L. Yu.
To the question of the relationship between the inheritance contract and the joint testament
Khazieva R. R., Rizyapova E. M.
To the issue of concession agreement
Yastremskiy I. A.
Protecting the business reputation of a plastic surgery clinic: legal aspects and legal significance
Dzhalilov Fuad Igbal ogly
Advantages and disadvantages of artificial intelligence in law
Kaluzhskiy V. V.
Patentability of solutions developed with use of artificial intelligence
Yastremskiy I. A.
The legal significance of consent to the use of a patient’s image in a contract for the provision of paid medical services in the plastic surgery profile
Aidanov S. D.
Problems of development and state support of social entrepreneurship in the Russian Federation
Guseva A. A.
Real estate possession in vindication disputes
Kazakevich K. S.
Grounds for challenging transactions of an insolvent debtor
Minachev G. B., Kutdusova A. V., Bondareva O. Yu.
Legal regulation and problems of alienation of shares and shares in the authorized capital of business entities: legislation and judicial practice
Myagkova E. V.
«Greening» of civil legislation: the experience of specific foreign countries and prospects for development in Russia
Noskova Yu. A.
The form of the vehicle rental agreement
Sokovich N. A.
Selected features of the legal regulation of a corporate agreement in the Russian Federation
Chepurko A. V.
Security transfer of legal title as unnamed mean of ensuring the fulfilment of obligations in the civil legislation
CIVIL PROCESS
Litvintsev S. A.
Features of the legal status of a lawyer in civil proceedings
Magomedov G. G., Nurbalaeva A. M.
Comparative analysis of representation in civil and arbitration proceedings
Rychagova O. E.
On the issue of the tasks of unions of consumer societies in the aspect of protecting the rights of members of consumer societies
Elmurzaev A. V., Khamaiko E. S.
Correspondence proceedings in civil proceedings
FAMILY LAW
Kostina E. S.
Family and inheritance disputes and their consequences for the activities of
INHERITANCE LAW
Plekhanova O. I.
Inheritance by right of representation: analysis of judicial practice
LABOUR LAW
Maslo Yu. V., Kim E. F.
Biometric data: consideration of legal disputes between an employee and an employer
PUBLIC LAW
Kozyrskiy D. A.
Legal regulation of the balance of interests in Russian legislation on insolvency (bankruptcy) of 2024
FINANCIAL LAW
Evsikova E. V., Shklyar T. A., Buts S. B.
The legal status of pre-verification analysis in the context of public financial control
Nechepaev N. A.
Non-taxable minimum in the personal income tax system
Alekhin V.A.
Problems of legal regulation of financing the provision of high-tech medical care using biomedical technologies at the expense of public finances
ENTREPRENEURIAL LAW
Sirazeev R. R.
The features of interbranch legal means of supporting small and medium-sized businesses
COMMERCIAL LAW
Zheleznov R. V.
About the financial security of international organizations of regional economic integration
LAND LAW
Klevtsov M. I., Tsirkunov M. E.
Legal regulation of relations related to the use and protection of lands occupied by civil and military graves
Markelov G. A.
Seizure of land plots in the integrated development of the territory: problem of finding a balance between private and public interests
ECOLOGICAL LAW
Sagitov S. M., Ogrina V. V.
Positive legal responsibility in the sphere of environmental protection
CRIMINAL LAW
Abyzova E. R.
Problems of qualification and criminal legal assessment of bringing minors to suicide using information and telecommunication networks
Asmandiyarova N. R.
Constitutional right to work and some aspects concerning the criminogenic consequences of a person’s unwillingness to work
Baygubatova N. R., Esenbekova А. Т.
Socio-economic determining factors of the spread of religious extremism in the Kyrgyz Republic
Barvinskaya Yu. S.
About the problem of exemption from criminal liability in connection with reconciliation of the parties in the event of the death of the victim
Volosyuk P. V., Urusov M. M.
Criminal liability of persons occupying the highest position in the criminal hierarchy in the criminal legislation of foreign countries
Gabrielova Yu. V.
Self motive as a criminal sign of official forgery of corruption
Gamidov D. V., Ivanov I. I., Kondrat I. N.
Postponement of serving time for drug addicts (Article 82.1 of the Criminal Code of the Russian Federation), as a result of the humanization of Russia’s criminal policy
Zhilkin M. G.
Legalization of illegal income of officials from entrepreneurial activity: critical analysis of the concept and its application in practice
Kobylin P. O.
Criminal liability for fraud in pre-revolutionary Russian legislation
Kraskovskiy Ya. E., Vankova K. G.
The media and the information and telecommunications network Internet as possible factors in the increase in the number of suicides
Maksimova K. L., Kuskova I. V., Yurjeva V. Yu., Rau K. E.
Murder of a newborn child by a mother: criminal legal and criminological problems: based on materials from St. Petersburg
Shaganova O. М.
Illegal trafficking of pornographic materials or objects under the criminal legislation of the member States of the Commonwealth of Independent States
Shmyatkova N. V., Sereda I. M.
Strategies for countering crimes committed with malicious use of artificial intelligence by law enforcement agencies
Tsvetov S. V., Nedostypenko T. A., Chaplygin N. N.
Current issues of using unmanned aerial vehicles to ensure public safety of the Russian Federation and public order
Jamalov Dz. M.
Organization of the activities of extremist organizations in Dagestan
Ibrahim Luma Adnan Ibrahim
Crime scene examination as a means of detecting murders disguised by staging
Karaeva Z. Sh.
Actual problems of imposing a more lenient punishment than provided for by law
Kraskovskiy Ya. E.
Concept, features and forms of violence in the family and household sphere
Kurkina Yu. A.
Methods for calculating damage caused by deliberate bankruptcy
Odnodvortseva E. A.
Abuse of office: comparative legal analysis of the legislation of the Russian Federation, the Republic of Belarus and the Republic of Kazakhstan
CRIMINAL PROCESS
Darovskikh O. I., Darovskikh S. M.
Realization of their subjective rights by participants in criminal proceedings as a way to ensure its effectiveness
Kazmirov M. A.
Historical and legal analysis of the legal status of an expert, specialist and legal norms governing the use of special knowledge in the criminal procedural legislation of the Russian Federation
Lifanova L. G., Lyubozhenko I. A.
Persuasion as a form of realization of criminal procedural rights and powers
Logachev K. K.
Activities of the investigator at the stage of completion of the investigation
Lonshchakova A. R., Lonshchakova P. A., Lonshchakova A. A.
The role of the conceptual theoretical provisions of Gennady Fedorovich Gorsky, the developer of the Soviet theory of preliminary investigation, in the formation of criminalistic crime prevention in the context of digital transformation of society
Magomedova H. M., Mirzabalaev M. N.
The procedural status of the victim as a participant in the criminal process
Milikova A. V., Shubenkova K. V.
The legal and managerial nature of criminal procedural acts
Mustapaev G. S., Begova D. Ya.
Criminal prosecution in the criminal proceedings of foreign countries
Omarov E. A., Datsieva H. G.
Problems of the defender’s participation in criminal proceedings
Pavlov M. M.
Topical issues of the return of the criminal case to the prosecutor in the order of Art. 237 of the Code of Criminal Procedure of the Russian Federation
Petrakov S. V., Smolyakov А. А., Chasovnikova O. G.
Formation and development of juvenile justice in the Russian judicial system
Roshka M. Ya.
To the analysis of modern theories of criminal behavior and the characteristics of the criminal’s personality
Rubeko G. L., Bochaeva V. Yu., Olykainen S. A., Danzheev N. V.
On the issue of the legal nature of the principles of criminal procedure
Stepanenkov A. Yu.
Procedural features at the stage of initiation of criminal cases in the field of economic activity
Khorsheva V. S., Shepeleva O. R.
Problems of protection of human and civil rights in criminal proceedings
Novikova E. A., Pshenichnykh S. N., Krupennikova K. K.
To the issue of ensuring the participants rights in pre-trial proceedings under conditions of using video-conferencing
Bormanjieva M. A., Aigurova V. M., Gashunov A. S., Manjiev D. D.
The court as a participant in criminal proceedings: historical and legal aspects
Kazmirov M. A.
Historical and legal analysis of changes made in the period from 2003 to 2013 to the norms of criminal procedure legislation of the Russian Federation regulating the use of special knowledge in criminal proceedings
Magomedova Kh. M., Mirzabalaev M. N.
Theoretical and practical problems of the victim in criminal proceedings in Russia and foreign countries (USA and Germany)
Rozikzoda F. M.
Dispositivity in the activities of the head of the investigation unit of the Ministry of Internal Affairs of the Russian Federation, Head of the investigative unit of the Ministry of Internal Affairs of the Republic of Tajikistan
Stepanenkov A. Yu.
The history of the formation of the criminal procedure institute of criminal proceedings of an economic orientation in the pre-revolutionary stage of the development of the criminal process
CRIMINAL-EXECUTIVE LAW
Minsafina S. N., Kobaleva V. A.
Fundamentals of the legal status of serving sentences in educational colonies
Mikheeva S. V
The role of searches and inspections in the organization of the detention regime of suspects and accused
Petaychuk A. A.
Control of public authorities over the activities of institutions and bodies executing punishments: the penal aspect
CRIMINALISTICS
Dolgushina L. V., Pavlova E. A.
Forensic fire-technical expertise: modern methods and technologies
Kabakova E. S., Dolgushina L. V.
Problems that arise when fixing and removing traces at the explosion site
Klinchuk S. V., Gumenchuk O. O.
On the issue of planning the investigation of crimes committed by criminal formations
Minyasheva G. I.
Problems of identifying and disclosing counterfeiting using information and communication technologies
Omarov A. O., Datsieva H. G.
Criminal prosecution in the criminal proceedings of foreign countries
Stupina S. A., Yashinskiy Yu. I.
On the issue of improving the effectiveness of investigation and disclosure of forest fires
Sysenko A. R.
Modern trends in the use of video recordings used in crime investigations
Sharova I. S.
Forensic support of crime investigations: concept, tasks, structural elements
Ansokova R. O.
Features of the subject and method of committing environmental crimes as the basis for the use of special knowledge in their investigation
Kabakova E. S., Litvinov R. V.
Legal liability of officials for explosions in mines
Lonshchakova A. R., Lonshchakov A. A.
Conceptual aspects of the integration of certain provisions of private theories of operational investigative activities for the purpose of forming criminalistic support for crime prevention
Umavov B. I., Ramazanov T. B.
Forensic ballistics and its role in proving criminal cases in the Russian Federation
CRIMINOLOGY
Abderyakhimova G. B., Usmanova K. I.
Criminological portrait of the criminal-terrorist personality
Kelarev A. V., Kelareva A. A.
Digitalization of research in the field of automotive expertise
Nesterenko A. V., Lanovoy V. G.
On the issue of crime prevention theories
JUDICIARY
Minyaylenko N. N.
Legal proceedings in Russia: historical issues
Gerke K. V.
World Judge in Russia and experience of foreign countries
Obolkin E. S., Alexeeva T. S.
Legal aspects of the development of judicial records management in Russia
Petrova Yu. A.
The use of artificial intelligence in the work of arbitration courts
Gerke K. V.
The procedure for the departure of magistrates on vacation outside the territory of the Russian Federation
Petrova Yu. A.
Digitalization and judicial activity of arbitration courts
THE PROSECUTOR’S OFFICE AND ITS OFFICIALS
Makhyanova R. M.
Legal regulation of supervision activities of the prosecutor’s office and problems of its tactical support: retrospective and modernity
LAW ENFORCEMENT AGENCIES
Andriyakhin A. A., Shevchenko I. A., Idrisov I. K., Bezgachev F. V.
Development of police officers’ readiness to perform official tasks in extreme conditions
Beletskiy A. A., Zhikharev D. A., Chernyshov A. A.
The use of modern types of small arms and ammunition in the official activities of employees of the internal affairs bodies
Bondarev A. V., Martynenko O. V., Kryuchkov V. V.
Problems and prospects of improving the level of physical training of police officers
Mustafina G. M., Torgersen A. S., Gunyaev E. V., Klimovskiy A. S.
The content and causes of conflict situations in the activities of law enforcement officers
Panova O. S., Lemaykina S. V., Mayer E. V.
Professionally applied physical training as the basis for the formation of physical fitness of employees of the Ministry of Internal Affairs
Petrov P. S. Kashirsky D. Yu. Gorelov S. A.
Tactical features of the actions of police officers in special conditions
Pyrchenkova G. S., Vdovina A. N.
Current trends in the development of scientific and technical support for law enforcement agencies in foreign countries
Khorev A. V.
Prosecutoral supervision of the bodies conducting preliminary investigations in the Ministry of Internal Affairs of Russia
Tsarkova E. G., Zorina N. S.
On the issue of juvenile delinquency prevention
SECURITY AND LAW
Trofimtseva S. Yu.
Comparative analysis of criminalization of illegal computer impacts on critical infrastructure of the Russian Federation, the USA and Belgium
Trofimtseva S. Yu.
The problem of determining the object of a crime associated with unlawful influence on critical information infrastructure
PEDAGOGY AND LAW
Belevtsev V. V.
Methodology for teaching “dry” shooting skills at firetreatment classes in educational organizations of the MIA of Russia
Dottuev T. I.
The specifics of professional rehabilitation of athletes after injuries
Kraeva N. V., Zorina N. S.
Rational ways to correct juvenile convicts
Madzhuga A. G., Khaydarova M. L., Agzamov R. R., Samolovov N. A.
Occupational deprivation as an inhibitor of professional and personal development of students of a modern university
Popova N. V., Korelin M. M., Zavgorodniy A. G.
Pedagogical conditions for forming students’ readiness for professional activities
Ruban D. A.
Managing the process of creating and maintaining a positive image of internal affairs bodies on social networks
Fayrushina M. Z., Golikova N. L.
The philosophical and psychological aspect of the formation of a comfortable environment in educational institutions of the MIA of Russia
Shagieva G. R., Kuznetsov A. V., Khrushchev A. V., Khrykov I. S.
Gamification as an innovative technology for training cadets and trainees in universities of the Ministry of Internal Affairs of Russia: advantages and prospects
Tsoy B. A., Gilyazov R. R., Roditeleva Ya. N., Bogdanov A. M.
Features of the use of interactive teaching methods in the preparation of future lawyers
PSYCHOLOGY AND LAW
Almukhametova G. G., Voskoboev A. I., Chernousov M. V., Altunin A. Yu.
Methods of psychological support for police officers serving in special conditions
Ananjeva Zh. N., Ananjev O. G.
The legal basis of psychological work with the participants of SMO
Pavlov I. M., Musafin R. R., Evtushenko A. A., Kovgan E. Yu.
The role of communication skills in the activities of police officers
STATE AND LAW
Fastovich G. G.
On the issue of implementation of events in the higher education system provided by the comprehensive plan for countering the ideology of terrorism for 2024-2028 (based on the example of a research of agricultural universities in Russia at the results of the 1st half of 2024 year)
POLICY AND LAW
Zhu Yongjiu
Features of the public-private partnership between the Chinese and Russian space industries
ECONOMY. LAW. SOCIETY
Burnos E. N., Oshueva V. V.
Abuse of rights by the consumer: on the issue of legal regulation
Wang Jianbo
Global dynamics in cost management strategies: adapting to challenges and opportunities in transnational operations
Guo Weishao
Economic assessment of maintenance and construction of oil and gas pipelines
Shvetsova K. A.
A modern approach to foreclosure on electronic and non-cash funds
Saenko A. N.
Financing structural transformation in Africa as a factor of economic development
Tai Lihong, Ravochkin N. N.
Global assessments of the financial position of companies in the context of geopolitical tensions
Sun Xiangguo, Kovrov V. F.
Economic consequences of population aging for society in Russia
PHILOSOPHY. LAW. SOCIETY
Davydenko M. V.
The problem of artistry in the philosophical and aesthetic views of A. Bely
Ivanova E. V., Sviridova O. V.
Modern concepts of spirituality: the aspect of spiritual self-determination of a person within the framework of traditional Russian values
Itkulova L. A., Valiullina Z. R., Pushkareva M. A.
The ultimate foundations of thinking and culture
Kochesokov R. Kh., Bizheva A. P., Kulturbaeva L. M.
The mechanism of the transformation of Soviet political elite
Kuzmenko A. A.
On the question of defining the socio-philosophical meaning of the concept of “ergodesign” in the context of socio-technological development
Magaramov M. D., Veliev O. V., Karaev I. I.
From national development goals to the idea of the safe existence of Russian society and the state
Pozdyaeva S. M.
Trends and directions of instability in modern society: analysis of impact on the human in the 21st century
Tuarmenskiy V. V., Pecherskiy D. V., Muradov R. F., Afanasjev E. V.
The legal thesaurus of penitentiary hermeneutics: a theoretical and methodological study
Chudina-Schmidt N. V.
Peculiarities of behavior of an extreme subject in crisis, emergency and extreme situations
Shakhmamedov K. A.
The role of the Islamic concept in the preservation of the family and the family tree
Akimova D. S.
Variants of the existence of the desired country in the ethnography of the slavs
Dyachenko A. N.
Social and philosophical features of intergroup relations
Klyuchkova E. Yu.
Philosophical reflection on the formation of a sound image in the activity of a sound engineer
Latypova A. R.
The spiritual prerequisites of people’s organizational activity
Liu Libing
The ideological dynamics and influence of information dissemination in the context of globalization
Shi Yuying
The impact of digitalization on foreign news coverage: a philosophical analysis
Timoshchuk E. A., Timoshchuk I. A.
Anthropology of music and the phenomenology of sound: civilization trends
Bondarenko N. G., Gurin M. V., Chirkova E. A.
The value system of Chinese society
Bakirova Z. Kh.
Art as an integral part of culture and the value of society
Begicheva A. G.
Tradition as a socio-cultural phenomenon and its place in modern civilizational processes
Danilov V. L.
Contemporary issues in interethnic and interreligious relations in the Russian Federation
Ozerskiy S. V.
The role of student motivation in improving the quality of the educational process
Shatskaya E. A.
Characteristic features of Russian philosophy
BOOK REVIEW
Efendiev O. F.
Review to the monograph of Ph.D. in Law Farkhutdinov Insur Zabirovich: “The evolution of international law from Westphal to Versailles (1648 – 1919). — Moscow: INFRA-M, 2024. — 484 p. — (Scientific thought). — DOI 10.12737/2135819.
V. A. Trapeznikov:
About myself and about science
Interview with the Ph.D. in Law, Deputy General Director of Legal Affairs of the Subsidiary of PJSC NK Rosneft Trapeznikov Valeriy Anatoljevich
INTERNATIONAL LAW
Anisimov I. O., Gulyaeva E. E.
Common heritage of mankind and world heritage: relationship of concepts
Jamaldinova A. U.
The conflict between Israel and Palestine is a confrontation between two countries
Egorov A. M., Egorov I. A.
Security and peacemaking in African Union integration mechanisms
Kichenina V. S.
Directions of development of space policy of India, China and the Russian Federation in the field of space resources use
Prikhodko T. V., Shastina A. R.
The state’s derogation of rights and freedoms exercise
Solntsev A. M., Chernykh I. A.
International legal aspects of Lunar environmental protection
Derkach P. A.
Legal basis for regulating the sphere of culture and art in the Russian Federation
Gabdulkhakov M. F.
Specific features of contractual regulation of relations in the energy sector of the Republic of Kazakhstan
Yang Yu, Tan Bowe
Soft power in the age of digital media: strategies and impacts of cross geopolitical cultural communication
INTERNATIONAL PRIVATE LAW
Bakhmetjev P. V.
Copyright on neural network works: international experience and development prospects
Demirchyan V. V.
Legal regulation of international electronic commerce in the UNCITRAL Model Laws
Simatova E. L.
Transformation of doctrinal approaches to establishing state jurisdiction in the context of global digitalization
THEORY OF STATE AND LAW
Dushkina E. V., Demidov A. V.
Legal and technical requirements for improving regulatory legal acts
Ismagilov I. R., Mikulenko F. A., Prokofjev K. G.
Property as a moral and legal value (experience of classical philosophy of law)
Semenovykh A. E.
The concepts of “legal protection” and “legal defense” in legal science
Platonov V. M.
Differentiation of subjects of competence and powers between levels of public authority in the regulation of the electoral process
Zhuravkov A. A.
On the issue of distinguishing formalism at the stage of evaluating evidence and at the stage of interpreting the rule of law
Gasanov A. K.
Basic models of legal development: evolutionary-civilizational approach
Dzhalmukhanov R. G.
The concept, essence and meaning of the law enforcement function of the state
Zhuk A. S.
On the issue of theoretical justification for the value nature of the state
Zhuravkov A. A.
Judicial discretion as a way to overcome legal formalism: problems of application
HISTORY OF STATE AND LAW
Krasilnikov S. V.
Police reform of Ekaterina II, as a result of the influence of similar transformations in Western Europe in the XVI-XVIII centuries
Mikhaylik A. A.
Features of the historical development of Anglo-Saxon law
Gerasimenko A. A.
The fight against economic crimes at the turn of the 70s and 80s of the 20th century in the USSR
Kartamysheva O. E.
The mechanism of protection of the constitutional rights and freedoms of Russian citizens: analysis of the problems of functioning
Kavaleryan A. K.
Issues of the pre-revolutionary and Soviet period in the administrative and legal regulation of the state management of the cinema sphere
CONSTITUTIONAL LAW
Gabieva S. M., Gadzhieva S. I.
The principle of separation and interaction of powers in the system of Russian constitutionalism
Nartikov G. A., Gatsolaeva A. Kh.
Features of the implementation of the constitutional right of citizens to appeal to the judicial authorities as a public authority in the Russian Federation
Novopavlovskaya E. E.
Issues of legislative support of the electoral process in the Russian Federation (based on foreign experience)
Boguslavskaya N. A.
The principle of constitutional identity within the framework of the protection of traditional values
Omarov H. A., Ramazanova E. T.
Evolution of constitutional and legal regulation of the constitutional system in the basic laws of Russia
Saidov H. A., Nimatulaeva R. A.
The constitutional principle of separation of powers and anti-corruption issues
Tharovskaya O. Yu., MaltsevA E. V., Russu O. D.
The state and the family: the legal foundations of interaction and their implementation
ADMINISTRATIVE LAW
Vasiljev A. A.
On the issue of illegal placement of capital construction facilities on water bodies
Keramova S. N., Dadaeva M. I.
The place and role of the Federal Treasury in the system of state financial control bodies
Miftakhov R. L., Rakhmatullina R. M.
Novelties of administrative and legal regulation of Internet advertising in Russia
Morozov S. A.
Functions of administrative control and supervisory procedures
Cherenkova P. A., Yakunin D. V.
The problem of the balance of interests in the implementation of the mechanism of unilateral refusal of the customer to execute the state (municipal) contract
Tsapina V. A., Kurbanov A. V., Khachatryan A. E., Chernov Yu. I.
Minors as subjects of administrative responsibility
CIVIL LAW
Alieva R. S., Suleymanova S. A.
The civil status of state-owned institutions in the Russian Federation
Аlsynbaeva E. M., Rezyapova G. F.
Specifics of application of escrow account agreement in shared construction
Ananjeva E. O., Ivliev P. V.
Prospects for the development of financial leasing in the real estate sector
Getman Ya. B., Rybakova S. V.
The balance of interests in the qualification of the unilateral refusal of the seller, with the condition of impossibility of execution of the contract
Dadayan E. V.
On the issue of methods (procedure) of settlements under the contract of sale of real estate
Kiyko A. Yu., Ignatjeva N. Yu.
Legal approaches to the definition of risk in aleatory transactions
Komlev E. Yu., Biryukov I. A., Khasieva Kh. L.
Evolution of lobbying activities: a comparative analysis of the Anglo-American and European-Continental models
Konovalchuk M. V.
Legal regulation of social support for persons sentenced to imprisonment who belong to the category of orphans and children left without parental care
Letyagina E. A.
Removing a child from the family: problems of theory and practice of application
Lonchakova Yu. A.
Features of legal regulation of forwarding activities in transport logistics
Motasova D. D.
Current issues of legal regulation of unmanned aerial vehicles at the present stage
Paraskevova S. A., Shapoval O. V., Grinko N. R.
Legal qualification of the “take or pay” contractual terms
Poletaeva E. L.
Approaches to understanding silence
Semyannikova D. A.
Features of the legal regulation of social security for citizens who have joined the volunteer formation
Storozheva A. N.
On the issue of termination of the garden non-profit partnership
Tuzhilova-Ordanskaya E. M., Galyautdinova L. Yu.
To the question of the relationship between the inheritance contract and the joint testament
Khazieva R. R., Rizyapova E. M.
To the issue of concession agreement
Yastremskiy I. A.
Protecting the business reputation of a plastic surgery clinic: legal aspects and legal significance
Dzhalilov Fuad Igbal ogly
Advantages and disadvantages of artificial intelligence in law
Kaluzhskiy V. V.
Patentability of solutions developed with use of artificial intelligence
Yastremskiy I. A.
The legal significance of consent to the use of a patient’s image in a contract for the provision of paid medical services in the plastic surgery profile
Aidanov S. D.
Problems of development and state support of social entrepreneurship in the Russian Federation
Guseva A. A.
Real estate possession in vindication disputes
Kazakevich K. S.
Grounds for challenging transactions of an insolvent debtor
Minachev G. B., Kutdusova A. V., Bondareva O. Yu.
Legal regulation and problems of alienation of shares and shares in the authorized capital of business entities: legislation and judicial practice
Myagkova E. V.
«Greening» of civil legislation: the experience of specific foreign countries and prospects for development in Russia
Noskova Yu. A.
The form of the vehicle rental agreement
Sokovich N. A.
Selected features of the legal regulation of a corporate agreement in the Russian Federation
Chepurko A. V.
Security transfer of legal title as unnamed mean of ensuring the fulfilment of obligations in the civil legislation
CIVIL PROCESS
Litvintsev S. A.
Features of the legal status of a lawyer in civil proceedings
Magomedov G. G., Nurbalaeva A. M.
Comparative analysis of representation in civil and arbitration proceedings
Rychagova O. E.
On the issue of the tasks of unions of consumer societies in the aspect of protecting the rights of members of consumer societies
Elmurzaev A. V., Khamaiko E. S.
Correspondence proceedings in civil proceedings
FAMILY LAW
Kostina E. S.
Family and inheritance disputes and their consequences for the activities of
INHERITANCE LAW
Plekhanova O. I.
Inheritance by right of representation: analysis of judicial practice
LABOUR LAW
Maslo Yu. V., Kim E. F.
Biometric data: consideration of legal disputes between an employee and an employer
PUBLIC LAW
Kozyrskiy D. A.
Legal regulation of the balance of interests in Russian legislation on insolvency (bankruptcy) of 2024
FINANCIAL LAW
Evsikova E. V., Shklyar T. A., Buts S. B.
The legal status of pre-verification analysis in the context of public financial control
Nechepaev N. A.
Non-taxable minimum in the personal income tax system
Alekhin V.A.
Problems of legal regulation of financing the provision of high-tech medical care using biomedical technologies at the expense of public finances
ENTREPRENEURIAL LAW
Sirazeev R. R.
The features of interbranch legal means of supporting small and medium-sized businesses
COMMERCIAL LAW
Zheleznov R. V.
About the financial security of international organizations of regional economic integration
LAND LAW
Klevtsov M. I., Tsirkunov M. E.
Legal regulation of relations related to the use and protection of lands occupied by civil and military graves
Markelov G. A.
Seizure of land plots in the integrated development of the territory: problem of finding a balance between private and public interests
ECOLOGICAL LAW
Sagitov S. M., Ogrina V. V.
Positive legal responsibility in the sphere of environmental protection
CRIMINAL LAW
Abyzova E. R.
Problems of qualification and criminal legal assessment of bringing minors to suicide using information and telecommunication networks
Asmandiyarova N. R.
Constitutional right to work and some aspects concerning the criminogenic consequences of a person’s unwillingness to work
Baygubatova N. R., Esenbekova А. Т.
Socio-economic determining factors of the spread of religious extremism in the Kyrgyz Republic
Barvinskaya Yu. S.
About the problem of exemption from criminal liability in connection with reconciliation of the parties in the event of the death of the victim
Volosyuk P. V., Urusov M. M.
Criminal liability of persons occupying the highest position in the criminal hierarchy in the criminal legislation of foreign countries
Gabrielova Yu. V.
Self motive as a criminal sign of official forgery of corruption
Gamidov D. V., Ivanov I. I., Kondrat I. N.
Postponement of serving time for drug addicts (Article 82.1 of the Criminal Code of the Russian Federation), as a result of the humanization of Russia’s criminal policy
Zhilkin M. G.
Legalization of illegal income of officials from entrepreneurial activity: critical analysis of the concept and its application in practice
Kobylin P. O.
Criminal liability for fraud in pre-revolutionary Russian legislation
Kraskovskiy Ya. E., Vankova K. G.
The media and the information and telecommunications network Internet as possible factors in the increase in the number of suicides
Maksimova K. L., Kuskova I. V., Yurjeva V. Yu., Rau K. E.
Murder of a newborn child by a mother: criminal legal and criminological problems: based on materials from St. Petersburg
Shaganova O. М.
Illegal trafficking of pornographic materials or objects under the criminal legislation of the member States of the Commonwealth of Independent States
Shmyatkova N. V., Sereda I. M.
Strategies for countering crimes committed with malicious use of artificial intelligence by law enforcement agencies
Tsvetov S. V., Nedostypenko T. A., Chaplygin N. N.
Current issues of using unmanned aerial vehicles to ensure public safety of the Russian Federation and public order
Jamalov Dz. M.
Organization of the activities of extremist organizations in Dagestan
Ibrahim Luma Adnan Ibrahim
Crime scene examination as a means of detecting murders disguised by staging
Karaeva Z. Sh.
Actual problems of imposing a more lenient punishment than provided for by law
Kraskovskiy Ya. E.
Concept, features and forms of violence in the family and household sphere
Kurkina Yu. A.
Methods for calculating damage caused by deliberate bankruptcy
Odnodvortseva E. A.
Abuse of office: comparative legal analysis of the legislation of the Russian Federation, the Republic of Belarus and the Republic of Kazakhstan
CRIMINAL PROCESS
Darovskikh O. I., Darovskikh S. M.
Realization of their subjective rights by participants in criminal proceedings as a way to ensure its effectiveness
Kazmirov M. A.
Historical and legal analysis of the legal status of an expert, specialist and legal norms governing the use of special knowledge in the criminal procedural legislation of the Russian Federation
Lifanova L. G., Lyubozhenko I. A.
Persuasion as a form of realization of criminal procedural rights and powers
Logachev K. K.
Activities of the investigator at the stage of completion of the investigation
Lonshchakova A. R., Lonshchakova P. A., Lonshchakova A. A.
The role of the conceptual theoretical provisions of Gennady Fedorovich Gorsky, the developer of the Soviet theory of preliminary investigation, in the formation of criminalistic crime prevention in the context of digital transformation of society
Magomedova H. M., Mirzabalaev M. N.
The procedural status of the victim as a participant in the criminal process
Milikova A. V., Shubenkova K. V.
The legal and managerial nature of criminal procedural acts
Mustapaev G. S., Begova D. Ya.
Criminal prosecution in the criminal proceedings of foreign countries
Omarov E. A., Datsieva H. G.
Problems of the defender’s participation in criminal proceedings
Pavlov M. M.
Topical issues of the return of the criminal case to the prosecutor in the order of Art. 237 of the Code of Criminal Procedure of the Russian Federation
Petrakov S. V., Smolyakov А. А., Chasovnikova O. G.
Formation and development of juvenile justice in the Russian judicial system
Roshka M. Ya.
To the analysis of modern theories of criminal behavior and the characteristics of the criminal’s personality
Rubeko G. L., Bochaeva V. Yu., Olykainen S. A., Danzheev N. V.
On the issue of the legal nature of the principles of criminal procedure
Stepanenkov A. Yu.
Procedural features at the stage of initiation of criminal cases in the field of economic activity
Khorsheva V. S., Shepeleva O. R.
Problems of protection of human and civil rights in criminal proceedings
Novikova E. A., Pshenichnykh S. N., Krupennikova K. K.
To the issue of ensuring the participants rights in pre-trial proceedings under conditions of using video-conferencing
Bormanjieva M. A., Aigurova V. M., Gashunov A. S., Manjiev D. D.
The court as a participant in criminal proceedings: historical and legal aspects
Kazmirov M. A.
Historical and legal analysis of changes made in the period from 2003 to 2013 to the norms of criminal procedure legislation of the Russian Federation regulating the use of special knowledge in criminal proceedings
Magomedova Kh. M., Mirzabalaev M. N.
Theoretical and practical problems of the victim in criminal proceedings in Russia and foreign countries (USA and Germany)
Rozikzoda F. M.
Dispositivity in the activities of the head of the investigation unit of the Ministry of Internal Affairs of the Russian Federation, Head of the investigative unit of the Ministry of Internal Affairs of the Republic of Tajikistan
Stepanenkov A. Yu.
The history of the formation of the criminal procedure institute of criminal proceedings of an economic orientation in the pre-revolutionary stage of the development of the criminal process
CRIMINAL-EXECUTIVE LAW
Minsafina S. N., Kobaleva V. A.
Fundamentals of the legal status of serving sentences in educational colonies
Mikheeva S. V
The role of searches and inspections in the organization of the detention regime of suspects and accused
Petaychuk A. A.
Control of public authorities over the activities of institutions and bodies executing punishments: the penal aspect
CRIMINALISTICS
Dolgushina L. V., Pavlova E. A.
Forensic fire-technical expertise: modern methods and technologies
Kabakova E. S., Dolgushina L. V.
Problems that arise when fixing and removing traces at the explosion site
Klinchuk S. V., Gumenchuk O. O.
On the issue of planning the investigation of crimes committed by criminal formations
Minyasheva G. I.
Problems of identifying and disclosing counterfeiting using information and communication technologies
Omarov A. O., Datsieva H. G.
Criminal prosecution in the criminal proceedings of foreign countries
Stupina S. A., Yashinskiy Yu. I.
On the issue of improving the effectiveness of investigation and disclosure of forest fires
Sysenko A. R.
Modern trends in the use of video recordings used in crime investigations
Sharova I. S.
Forensic support of crime investigations: concept, tasks, structural elements
Ansokova R. O.
Features of the subject and method of committing environmental crimes as the basis for the use of special knowledge in their investigation
Kabakova E. S., Litvinov R. V.
Legal liability of officials for explosions in mines
Lonshchakova A. R., Lonshchakov A. A.
Conceptual aspects of the integration of certain provisions of private theories of operational investigative activities for the purpose of forming criminalistic support for crime prevention
Umavov B. I., Ramazanov T. B.
Forensic ballistics and its role in proving criminal cases in the Russian Federation
CRIMINOLOGY
Abderyakhimova G. B., Usmanova K. I.
Criminological portrait of the criminal-terrorist personality
Kelarev A. V., Kelareva A. A.
Digitalization of research in the field of automotive expertise
Nesterenko A. V., Lanovoy V. G.
On the issue of crime prevention theories
JUDICIARY
Minyaylenko N. N.
Legal proceedings in Russia: historical issues
Gerke K. V.
World Judge in Russia and experience of foreign countries
Obolkin E. S., Alexeeva T. S.
Legal aspects of the development of judicial records management in Russia
Petrova Yu. A.
The use of artificial intelligence in the work of arbitration courts
Gerke K. V.
The procedure for the departure of magistrates on vacation outside the territory of the Russian Federation
Petrova Yu. A.
Digitalization and judicial activity of arbitration courts
THE PROSECUTOR’S OFFICE AND ITS OFFICIALS
Makhyanova R. M.
Legal regulation of supervision activities of the prosecutor’s office and problems of its tactical support: retrospective and modernity
LAW ENFORCEMENT AGENCIES
Andriyakhin A. A., Shevchenko I. A., Idrisov I. K., Bezgachev F. V.
Development of police officers’ readiness to perform official tasks in extreme conditions
Beletskiy A. A., Zhikharev D. A., Chernyshov A. A.
The use of modern types of small arms and ammunition in the official activities of employees of the internal affairs bodies
Bondarev A. V., Martynenko O. V., Kryuchkov V. V.
Problems and prospects of improving the level of physical training of police officers
Mustafina G. M., Torgersen A. S., Gunyaev E. V., Klimovskiy A. S.
The content and causes of conflict situations in the activities of law enforcement officers
Panova O. S., Lemaykina S. V., Mayer E. V.
Professionally applied physical training as the basis for the formation of physical fitness of employees of the Ministry of Internal Affairs
Petrov P. S. Kashirsky D. Yu. Gorelov S. A.
Tactical features of the actions of police officers in special conditions
Pyrchenkova G. S., Vdovina A. N.
Current trends in the development of scientific and technical support for law enforcement agencies in foreign countries
Khorev A. V.
Prosecutoral supervision of the bodies conducting preliminary investigations in the Ministry of Internal Affairs of Russia
Tsarkova E. G., Zorina N. S.
On the issue of juvenile delinquency prevention
SECURITY AND LAW
Trofimtseva S. Yu.
Comparative analysis of criminalization of illegal computer impacts on critical infrastructure of the Russian Federation, the USA and Belgium
Trofimtseva S. Yu.
The problem of determining the object of a crime associated with unlawful influence on critical information infrastructure
PEDAGOGY AND LAW
Belevtsev V. V.
Methodology for teaching “dry” shooting skills at firetreatment classes in educational organizations of the MIA of Russia
Dottuev T. I.
The specifics of professional rehabilitation of athletes after injuries
Kraeva N. V., Zorina N. S.
Rational ways to correct juvenile convicts
Madzhuga A. G., Khaydarova M. L., Agzamov R. R., Samolovov N. A.
Occupational deprivation as an inhibitor of professional and personal development of students of a modern university
Popova N. V., Korelin M. M., Zavgorodniy A. G.
Pedagogical conditions for forming students’ readiness for professional activities
Ruban D. A.
Managing the process of creating and maintaining a positive image of internal affairs bodies on social networks
Fayrushina M. Z., Golikova N. L.
The philosophical and psychological aspect of the formation of a comfortable environment in educational institutions of the MIA of Russia
Shagieva G. R., Kuznetsov A. V., Khrushchev A. V., Khrykov I. S.
Gamification as an innovative technology for training cadets and trainees in universities of the Ministry of Internal Affairs of Russia: advantages and prospects
Tsoy B. A., Gilyazov R. R., Roditeleva Ya. N., Bogdanov A. M.
Features of the use of interactive teaching methods in the preparation of future lawyers
PSYCHOLOGY AND LAW
Almukhametova G. G., Voskoboev A. I., Chernousov M. V., Altunin A. Yu.
Methods of psychological support for police officers serving in special conditions
Ananjeva Zh. N., Ananjev O. G.
The legal basis of psychological work with the participants of SMO
Pavlov I. M., Musafin R. R., Evtushenko A. A., Kovgan E. Yu.
The role of communication skills in the activities of police officers
STATE AND LAW
Fastovich G. G.
On the issue of implementation of events in the higher education system provided by the comprehensive plan for countering the ideology of terrorism for 2024-2028 (based on the example of a research of agricultural universities in Russia at the results of the 1st half of 2024 year)
POLICY AND LAW
Zhu Yongjiu
Features of the public-private partnership between the Chinese and Russian space industries
ECONOMY. LAW. SOCIETY
Burnos E. N., Oshueva V. V.
Abuse of rights by the consumer: on the issue of legal regulation
Wang Jianbo
Global dynamics in cost management strategies: adapting to challenges and opportunities in transnational operations
Guo Weishao
Economic assessment of maintenance and construction of oil and gas pipelines
Shvetsova K. A.
A modern approach to foreclosure on electronic and non-cash funds
Saenko A. N.
Financing structural transformation in Africa as a factor of economic development
Tai Lihong, Ravochkin N. N.
Global assessments of the financial position of companies in the context of geopolitical tensions
Sun Xiangguo, Kovrov V. F.
Economic consequences of population aging for society in Russia
PHILOSOPHY. LAW. SOCIETY
Davydenko M. V.
The problem of artistry in the philosophical and aesthetic views of A. Bely
Ivanova E. V., Sviridova O. V.
Modern concepts of spirituality: the aspect of spiritual self-determination of a person within the framework of traditional Russian values
Itkulova L. A., Valiullina Z. R., Pushkareva M. A.
The ultimate foundations of thinking and culture
Kochesokov R. Kh., Bizheva A. P., Kulturbaeva L. M.
The mechanism of the transformation of Soviet political elite
Kuzmenko A. A.
On the question of defining the socio-philosophical meaning of the concept of “ergodesign” in the context of socio-technological development
Magaramov M. D., Veliev O. V., Karaev I. I.
From national development goals to the idea of the safe existence of Russian society and the state
Pozdyaeva S. M.
Trends and directions of instability in modern society: analysis of impact on the human in the 21st century
Tuarmenskiy V. V., Pecherskiy D. V., Muradov R. F., Afanasjev E. V.
The legal thesaurus of penitentiary hermeneutics: a theoretical and methodological study
Chudina-Schmidt N. V.
Peculiarities of behavior of an extreme subject in crisis, emergency and extreme situations
Shakhmamedov K. A.
The role of the Islamic concept in the preservation of the family and the family tree
Akimova D. S.
Variants of the existence of the desired country in the ethnography of the slavs
Dyachenko A. N.
Social and philosophical features of intergroup relations
Klyuchkova E. Yu.
Philosophical reflection on the formation of a sound image in the activity of a sound engineer
Latypova A. R.
The spiritual prerequisites of people’s organizational activity
Liu Libing
The ideological dynamics and influence of information dissemination in the context of globalization
Shi Yuying
The impact of digitalization on foreign news coverage: a philosophical analysis
Timoshchuk E. A., Timoshchuk I. A.
Anthropology of music and the phenomenology of sound: civilization trends
Bondarenko N. G., Gurin M. V., Chirkova E. A.
The value system of Chinese society
Bakirova Z. Kh.
Art as an integral part of culture and the value of society
Begicheva A. G.
Tradition as a socio-cultural phenomenon and its place in modern civilizational processes
Danilov V. L.
Contemporary issues in interethnic and interreligious relations in the Russian Federation
Ozerskiy S. V.
The role of student motivation in improving the quality of the educational process
Shatskaya E. A.
Characteristic features of Russian philosophy
BOOK REVIEW
Efendiev O. F.
Review to the monograph of Ph.D. in Law Farkhutdinov Insur Zabirovich: “The evolution of international law from Westphal to Versailles (1648 – 1919). — Moscow: INFRA-M, 2024. — 484 p. — (Scientific thought). — DOI 10.12737/2135819.
PERSONA GRATA
V. A. Trapeznikov:
About myself and about science
Interview with the Ph.D. in Law, Deputy General Director of Legal Affairs of the Subsidiary of PJSC NK Rosneft Trapeznikov Valeriy Anatoljevich
INTERNATIONAL LAW
ANISIMOV Igor Olegovich
Ph.D. in Law, associate professor, Head of the Law Faculty of the Diplomatic Academy of the MFA of Russia, Member of the Russian Association of International Law
GULYAEVA Elena Evgenjevna
Ph.D. in Law, associate professor of International law sub-faculty of the MFA of Russia, Member of the Russian Association of International Law
COMMON HERITAGE OF MANKIND AND WORLD HERITAGE: RELATIONSHIP OF CONCEPTS
The issues of legal regulation of the concepts of “common heritage of mankind” and “world cultural and natural heritage” have been actively discussed in science and have been the object of close attention in practice for more than a decade, but by now the context of them consideration has noticeably changed. This study focuses on the history of the emergence and development of the concept of the common heritage of mankind and the concept of world heritage. Particular attention is paid to the international legal regulation of both concepts and the analysis of their content. The article reveals the criteria and conditions for the universal value of the world heritage, gives a definition of the concepts of “common heritage of mankind” and “world cultural and natural heritage”. The authors come to the conclusion that any modifications and expansion of the scope of the concept of the common heritage of mankind can affect the approach to the concept of state sovereignty, thereby affecting the stability of the international legal order.
Keywords: common heritage of mankind, world heritage, customary international law, concept, state sovereignty, UN Sustainable Development Goals, UNESCO Convention, underwater cultural heritage, Artemis Accords, space, UN Convention on the Law of the Sea.
Bibliography
1. Actual problems of implementation of the goals of sustainable development: theory and practice. Collective monograph. Anisimov I. O., Barinova V. A., Gulyaeva E. E., Danelyan A. A., Karpovich O. G., Loginova A. D., Martirosyan A. Zh., Machnev K. E., Nechaeva Yu. S., Sidorova L. N., Timakova O. A., Shangaraev R. N. – M .: Diplomatic Academy, 2023. – 324 p.
2. Anisimov I. O. International legal regime of marine genetic resources. Current status and problems // Law and Politics. 2022. – No. 3. – P. 36-48.
3. Anisimov I. O. Underwater cultural heritage. Actual problems of international legal protection: monograph. 2nd edition. – M.: Pero, 2015. – 267 p.
4. Anisimov I. O. The relationship between the concepts of “underwater cultural heritage” and “world cultural and natural heritage” // Law and Politics. – 2014. – No. 7. – P. 996-1004. DOI: 10.7256/1811-9018.2014.7.12429
5. Anisimov I. O. International Law of the Sea. A teaching aid. – M.: Quantum Media, 2018. – 136 p.
6. Anisimov I. O., Gulyaeva E. E., Dadashov M. N. O. Formation and development of international legal protection of cultural property // Bulletin of international scientists. – 2022. – No. 1 (19). – P. 142-158.
7. Drobot V. I. D 750 The Concept of World Natural Heritage: a textbook / Maritime state University; V. I. Drobot. – Yoshkar-Ola, 2008. – 122 p.
8. International law = Völkerrecht / Wolfgang Graf Witzthum [et al.]; trans. from German, 2nd ed. / [V. Bergmann, comp.]. – M .: Infotropic Media, 2015. – 1072 p.
9. Formation of a modern international legal concept of space exploration and use: monograph / A. Ya. Kapustin, V. R. Avkhadeev, A. A. Golovina [et al.]; ed. A. Ya. Kapustin. – M.: Institute of Legislation and Comparative Law under the Government of the Russian Federation: INFRA-M, 2021. – 264 p. – DOI 10.12737/1241334.
10. Yastrebova A. Yu., Anisimov I. O. International legal foundations for the protection of cultural objects // Law and Management. XXI century. – 2023. – Vol. 19. No. 4 (69). – P. 54-62.
11. Yastrebova A. Yu., Gulyaeva E. E. The right to health in the system of international legal protection of human rights at the universal and regional levels // Moscow Journal of International Law. – 2021. – No. 2. – P. 99-121. – DOI 10.24833/0869-0049-2021-2-99-121. – EDN JSPISW.
12. Gulyaeva E. E., Anisimov I. O. The common heritage of mankind and the world heritage: correlation of concepts. Suprema – Revista de Estudos Constitucionais, Distrito Federal, Brasil, v. 2, n. 2, p. 27–49, 2022. DOI: 10.53798/suprema.2022.v2.n2.a185.
13. Jean Buttigieg, The Human Genome as Common Heritage of Mankind. Studies in Medical Philosophy, vol. 2. Ibidem Press, 2018. 280 p.
14. Print国社会科》 2018 第 5 期 (Zhang Hui: Community of Human Fate: Contemporary development of the basic theory of society in international law, Chinese social science, 2018, Issue 5).
15. Anisimov I. O., Gulyaeva E. E. Promoting the Development and Transfer of Marine Technologies as a Mechanism for Implementing the Sustainable Development Goals: International Legal Aspect. Revista Opinio Juridica. – 2021. – Pp. 184-201.
16. Danelyan A. A., Gulyaeva E. E. The right to a healthy and favorable environment in the practice of the European Court of Human Rights. International Legal Courier. – 2021. – No. 2. – pp. 9-23.
INTERNATIONAL LAW
JAMALDINOVA Aymiza Uvaisovna
chief specialist of organizational and legal support of the activity of the courts of the Russian Federation on the RD
THE CONFLICT BETWEEN ISRAEL AND PALESTINE IS A CONFRONTATION BETWEEN TWO COUNTRIES
After World War I and the collapse of the Ottoman Empire, Britain received a mandate to govern Palestine. The Balfour Declaration of 1917, in which the UK declared its support for the establishment of a “national house” for the Jewish people in Palestine, only exacerbated Arab discontent. The British authorities’ attempts to balance the interests of both sides failed and provoked a wave of unrest and violence in the region.
The establishment of the state of Israel in 1948 was a turning point in the history of the conflict. The Arab-Israeli wars, mass displacement of people and the formation of various national movements have only deepened the split between the two peoples. The problems of the uncontrolled territories, the right to return of refugees, security issues and mutual claims are still unresolved.
The escalation of the conflict in October 2023 is likely to be due to several factors, including internal political crises, economic difficulties and geopolitical changes in the region. The intensification of mutual attacks and the declaration of new military operations only contribute to an escalation of violence and an increase in civilian casualties. In this context, the international community faces the difficult task of finding a peaceful solution to a long-standing conflict that still remains a painful wound on the body of the Middle East.
Keywords: conflict, Palestine, Israel, history, League of Nations, anti-Semitism, peaceful settlement.
Article bibliography
1. Abu-Laban Y., Bakan A.B. Israel, Palestine and the Politics of Race. Exploring Identity and Power in a Global Context. – London: I.B. Tauris Publ., 2020. – 341 p.
2. Vavilov A. I. Countries of the Middle East. Problems and Prospects of Development. – M.: Moscow State Linguistic University, 2012. – 234 p.
3. Vasiliev A. M. Russia in the Near and Middle East: from messianism to pragmatism. – M., 1993. – 123 p.
INTERNATIONAL LAW
EGOROV Andrey Mikhaylovich
Ph.D. in historical sciences, associate professor, associate professor of State and legal disciplines sub-faculty of the Pskov branch of the St. Petersburg University of the FPS of Russia
EGOROV Igor Andreevich
junior researcher of the research laboratory “Center for Comprehensive Study of Regional Security Problems” of the Pskov State University
SECURITY AND PEACEMAKING IN AFRICAN UNION INTEGRATION MECHANISMS
The article explores the still insufficiently comprehensively studied international legal mechanisms for establishing and developing integration ties in the member countries of the African Union. The author paid special attention to the problem of improving and functioning of the relevant institutions of the latter – including those related to ensuring African security and peacekeeping as a prerequisite for stabilizing the African continent, which is necessary for its further integration.
Keywords: integration process, regional conflict, peacekeeping, stabilization, security architecture, defense policy.
Article bibliography
1. Current problems of regional security in modern Asia and Africa / Ed. V. N. Kolotov. – St. Petersburg: Faculty of Oriental Studies, St. Petersburg State University, 2013. – 779 p.
2. Africa: Political Development and the Army / Ed. T. S. Denisova. – M. : Institute for African Studies, Russian Academy of Sciences, 2020. – 378 p.
3. Troyansky M. G., Karpovich O. G., Sidorov G. M., Shangaraev I. V. Africa: regional security issues: monograph. – M.: Diplomatic Academy of the Ministry of Foreign Affairs of Russia, 2022. – 266 p. .
4. Egorov A. M., Egorov I. A. Administrative structure and management system of the British colonies in the West Indies // Historical Bulletin. – 2021. – V. 4. No. 2.– P. 117-122.
5. Egorov AM, Egorov IA Studying the experience of the Anglo-Boer War (1899-1902) on the eve of World War II: causes and conclusions // The Anglo-Boer War of 1899-1902: experience and research prospects. – Coll. monograph. – M.: Institute for African Studies, Russian Academy of Sciences, 2023. – P. 134-155.
6. Egorov AM, Egorov IA Problems of coalition peacekeeping activities on the African continent // Africa – the rising center of the emerging multipolar world. – Collection of articles / Ed. S. N. Volkov, T. L. Deich, O. V. Konstantinova. – M.: Institute for African Studies, Russian Academy of Sciences, 2024. – P. 85-94.
7. Zverev P. G. Police peacekeeping and international humanitarian law. – Ufa: Aeterna, – 2014. – 368 p.
8. Kioko B. The right to intervene in accordance with the Constitutive Act of the African Union // International Journal of the Red Cross. Collection of articles. – 2003. – P. 407-427.
9. Conflicts in Africa: problems of settlement, peacekeeping (round table) // World Economy and International Relations. – 2019. – Vol. 63. No. 10. – P. 116-121.
10. Kostyunina G. M. Integration processes in Africa: history and current stage // Russian Foreign Economic Bulletin. – 2016. – No. 4. – P. 34-50.
11. Medushevsky N. A. Peacekeeping operations under the leadership of African countries // Power. – 2021. – No. 3. – P. 312-315.
12. International legal problems of African countries. – M.: Nauka, 1989. – 287 p.
13. Romadan L. I., Shagalov V. A. UN and AU cooperation in conflict prevention, peacekeeping and peacebuilding // Bulletin of MGIMO University. – 2015. – No. 6 (45). – P. 174-181.
14. Svechnikova, S. V. Integration processes in the modern world / S. V. Svechnikova // Eurasian Union of Scientists. – 2016. – No. 31. – pp. 11-13.
INTERNATIONAL LAW
KICHENINA Viktoriya Sergeevna
Ph.D. in Law, associate professor, Head of International legal disciplines sub-faculty of the V. B. Bobkov St. Petersburg branch of the Russian Customs Academy
DIRECTIONS OF DEVELOPMENT OF SPACE POLICY OF INDIA, CHINA AND THE RUSSIAN FEDERATION IN THE FIELD OF SPACE RESOURCES USE
The article analyzes the space programs of India, China and the Russian Federation and the positions of states regarding the use of space resources. It is indicated that these countries are also actively developing the commercial use of space. This includes the launch of space satellites, the provision of space services and the development of new technologies for commercial use, but they take different positions regarding the use of space resources. Taking into account the analysis, it is concluded that each of the States considers it possible and confirms the need to use space resources. But such activities should be based on compliance with existing norms of international law.
Keywords: space resources, use, China, India, Russian Federation, space activities, space programs, international law.
Article bibliography
1. Danilin I. V., Shavlai E. P. Policy for the Development of the Indian “New Space” // Bulletin of MGIMO-University. – 2022. – No. 15 (5). – P. 119.
2. Zhdanov V. L., Antrushina K. T. Political aspects of international cooperation in space // Management consulting. – 2022. – No. 11. – P. 14-
3. Popova S. S., Gorokhova A. V. Implementation of space diplomacy by international actors (on the example of Russia and China) // Space Economy no. – 2024. – No. 1 (7). – P. 10.
4. Chernykh I. A., Gugunsky D. A., Solntsev A. M. The influence of epistemic communities on the development of future international legal regulation of activities on the Moon // Bulletin of RUDN. Series: Legal Sciences. – 2024. – T. 28. No. 1. – P. 220.
INTERNATIONAL LAW
PRIKHODKO Tatyana Viktorovna
Ph.D. in Law, associate professor of Legal support of national security, institute of state law and national security sub-faculty of the Baikal State University, Irkutsk
SHASTINA Anzhelika Razmikovna
Ph.D. in Law, associate professor of Legal support of national security, institute of state law and national security sub-faculty of the Baikal State University, Irkutsk
THE STATE’S DEROGATION OF RIGHTS AND FREEDOMS EXERCISE
The article examines the question of state retreating’s possibility from the realization of international obligations to protect rights and freedoms and suspending the operation of relevant national legislation. Using the analysis of international legal acts, a conclusion is made about the rules for applying the right to derogation. Assessing the norms of international humanitarian law, the authors come to the conclusion of rights and freedoms’ list, derogation from which is not allowed, including internal disturbances and tensions, when the scale has not reached thelevel of an international conflict and norms of humanitarian law do not apply.
Keywords: human rights, right of derogation, international humanitarian law, armed conflict, internal disturbances and tensions, state of emergency, emergency situations.
Article bibliography
1. Boskholov S. S. In search of a balance of interests of the individual, society and the state in the sphere of ensuring national security // Academic Law Journal. -2023. – Vol. 24. No. 3. – P. 288-292.
2. Yeritsyan I. N. Political origins of the Nagorno-Karabakh conflict in the 20th century // Bulletin of the Irkutsk State Economic Academy. – 2015. – Vol. 25. No. 4. – P. 717-721. — DOI:10.17150/1993-3541.2015.25(4).717-721.
3. Zaitseva E. S. Somatic human rights – the result of expanding the scope of legal regulation? // Academic law journal. — 2023. — Vol. 24. No. 2. — P. 164-171.
4. Gritsenko E. V., Dolzhikov A. V., Dudko I. A. [et al.] Constitutional rights in Russia: judicial practice and comparative K65 materials: a textbook / Under the general editorship of A. V. Dolzhikov and A. A. Troitskaya. — Moscow: OOO ≪Center for Constitutional Studies≫, 2024. — 582 p.
5. International and domestic protection of human rights: a textbook / Under the editorship of R. M. Valeeva. – M.: Statut, 2011. – 830 p.
6. Human Rights. History, Theory, Practice: study guide / Ed. B. L. Nazarov. M., 1995. – 302 p.
INTERNATIONAL LAW
SOLNTSEV Alexander Mikhaylovich
Ph.D. in Law, associate professor, associate professor of International law sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
CHERNYKH Irina Alexeevna
Ph.D. in Law, associate professor of International law sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
INTERNATIONAL LEGAL ASPECTS OF LUNAR ENVIRONMENTAL PROTECTION
The study is devoted to international legal analysis of various aspects of protection of environmental sustainability on the Moon, including the issues of space debris and waste disposal on the Moon, protection of lunar heritage, registration, and EIA. It is proposed to use the accumulated experience of international bodies in the field of regulation of common territories and spaces to establish an international legal regime for the protection of the Moon’s ecology.
Keywords: ecology of the Moon, international environmental cooperation, lunar sustainability, Moon heritage.
Article bibliographic list
1. Zhukov G. P., Solntsev A. M. Space and ecology: some legal problems // Moskov Russian Journal of International Law. – 2014. – No. (3). – P. 119-144. DOI: 10.24833/0869-0049-2014-3-119-144.
2. Agreement on the Activities of States on the Moon and Other Celestial Bodies of December 18, 1979 // Collection of the most important documents on international law. Part II. Special. – M., 1997.
3. Vasilevskaya E. G. Legal status of natural resources of the Moon and planets (problems and judgments). – M.: Nauka Publishing House, 1978. – 143 p.
4. Madanapalle A. LUPEX mission by ISRO and JAXA will guide future international activities on surface of Moon. September 19, 2023. [Electronic resource]. – Access mode: https://www.news9live.com/science/lupex-mission-by-isro-and-jaxa-will-inform-future-international-activities-on-surface-of-moon-2291894/amp (date of access: 01.12.2023).
5. Vylegzhanin A. N., Yuzbashyan M. R., Alekseev M. A. International legal prospects for the use of natural resources of the Moon and other celestial bodies // Mining Information and Analytical Bulletin (scientific and technical journal). – 2021. – No. 3-1. – P. 155–172. DOI: 10.25018/0236_1493_2021_31_0_155.
6. Jones N. & Calster G. van. Waste Regulation // Lees E., Viñuales J. (eds). The Oxford Handbook of Comparative Environmental Law. – Oxford: Oxford University Press, 2019. – P. 607–625.
7. Waste Policy: International Regulation, Comparative and Contextual Perspectives. Ed. by Gillespie A. Cheltenham: Edward Elgar, 2015. –230 p.
8. Bamako Convention on the Ban of the Import into Africa and the Control of Transboundary Movement and Management of Hazardous Wastes within Africa dated 30 January 1991.
9. Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal dated 22 March 1989.
10. Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (London Convention) dated 29 December 1972.
11. IAEA Code of Practice on the Transboundary Movement of Radioactive Waste of 1990.
12. Gorman A. Space heritage: artefacts and archæology // Journal & Proceedings of the Royal Society of New South Wales. 2020. Vol. 153. Part 1. P. 94–96.
13. For All Moonkind. [Electronic resource]. – Access mode: https://www.forallmoonkind.org/ (date of access: 01.11.2023).
14. One Small Step to Protect Human Heritage in Space Act dated December 31, 2020. // Public Law No: 116-275. [Electronic resource]. – Access mode: https://www.congress.gov/bill/116th-congress/senate-bill/1694/text.
15. GEGSLA Recommended Framework and Key Elements for Peaceful and Sustainable Lunar Activities. [Electronic resource]. – Access mode: https://moonvillageassociation.org/gegsla/documents/gegsla-recommended-framework/ (date of access: 01.11.2023).
16. Vancouver Recommendations on Space Mining Outer Space Institute, April 20, 2020. [Electronic resource]. – Access mode: https://www.outerspaceinstitute.ca/docs/Vancouver_Recommendations_on_Space_Mining.pdf (access date: 13.10.2023).
17. Principles for a Safe, Peaceful, and Prosperous Future. [Electronic resource]. – Access mode: https://www.nasa.gov/artemis-accords/ (access date: 01.11.2023).
18. For All Moonkind. Moon Registry. [Electronic resource]. – Access mode: https://moonregistry.forallmoonkind.org/ (access date: 01.11.2023).
19. List of Heritage Sites on the Moon. [Electronic resource]. – Access mode: https://lunarresourcesregistry.com/list-of-heritage-sites-on-the-moon/ (date of access: 01.11.2023).
20. Pettit H., Sun T. NASA sending human remains to the Moon in summer 2021. [Electronic resource]. – Access mode: https://nypost.com/2020/11/18/nasa-sending-human-remains-to-the-moon-summer-2021/ (date of access: 01.10.2023).
21. Commemorate Your Pet on a Celestis Memorial Spacefligh. [Electronic resource]. – Access mode: https://www.celestis.com/blog/celestis-pets/ (date of access: 01.10.2023).
22. Convention on Registration of Objects Launched into Outer Space of January 15, 1975. [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/conventions/objects_registration.shtml (date of access: 01.10.2023).
23. Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies of January 27, 1967 [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/conventions/outer_space_governing.shtml.
24. Space Law. Ed. by Hobe S. Baden-Baden: Nomos, 2019. – 266 p.
25. ISA Document ISBA/25/LTC/6/Rev.1. [Electronic resource]. – Access mode: https://www.isa.org.jm/wp-content/uploads/2022/06/26ltc-6-rev1-en_0.pdf (date of access: 01.10.2023).
26. ISA Doc. ISBA/25/C/WP.1. [Electronic resource]. – Access mode: https://www.isa.org.jm/wp-content/uploads/2022/06/isba_25_c_wp1-e_0.pdf (date of access: 01.10.2023).
INTERNATIONAL LAW
DERKACH Pavel Andreevich
postgraduate student of the 1st year of study (scientific specialty 5.1.5 International legal sciences) of the V. N. Tatishchev Astrakhan State University
LEGAL BASIS FOR REGULATING THE SPHERE OF CULTURE AND ART IN THE RUSSIAN FEDERATION
The article examines the process of formation and the current state of the complex of legal acts regulating the cultural sphere of activity of Russian society. The normative documents regulating certain aspects of the cultural policy of the modern Russian state are considered. Development of an up-to-date regulatory framework and adjustment of existing legislation is becoming an important task of the state.
Keywords: culture, art, legal regulation, cultural policy, public policy, society, national legislation, international acts.
Article bibliography
1. Zagrebin S. S. Traditional culture as the basis for a new cultural policy in Russia // Bulletin of Omsk University. Series “Historical Sciences”. – 2016. No. 2 (10). – P. 82-87
2. Inkizhinov N. N. Normative and legal regulation of the cultural sphere in modern Russia // Russian state studies. – 2019. – No. 4. – P. 127-132
3. Kolenko S. G. Management in the field of culture and art: textbook and practical training for the academic bachelor’s degree. – M.: Yurait, 2016. – 370 p.
4. Pronin A. A. Legal regulation in the field of culture: textbook for universities. – 2nd ed., revised. and add. – M.: Yurayt, 2024. – 190 pp.
INTERNATIONAL LAW
GABDULKHAKOV Marsel Faniljevich
Master of Law of the Moscow State Institute of International Relations (University) of the MIA of Russia
SPECIFIC FEATU RES OF CONTRACTUAL REGULATION OF RELATIONS IN THE ENERGY SECTOR OF THE REPUBLIC OF KAZAKHSTAN
The system of contracts in the energy sector is an important tool that allows regulating relations between market participants and ensuring stability and transparency of transactions. In this regard, the relevance of the study of this topic lies in the need to study and analyze the contractual structures often used in the energy sector to determine their effectiveness and develop recommendations for their improvement.
Keywords: agreement system, energy sector, production sharing agreement, oil and oil products transportation agreement.
Article bibliographic list
1. Resolution of the Government of the Republic of Kazakhstan dated June 28, 2014 No. 724 “On approval of the Concept for the development of the fuel and energy complex of the Republic of Kazakhstan for 2023-2029”.
2. Braginsky M. I., Vitryansky V. V. Contract law: general provisions. Moscow: Statut, 2020. pp. 135-136.
3. Ilias Bantekas, John Paterson, Maidan Suleimenov. Oil and Gas Law in Kazakhstan: National and International Perspectives // Kluwer Law International B.V. 2004. P. 306.
4. Zhanibek Saurbek. Legal and Contractual Framework of the Oil and Gas Pipeline Infrastructure in Kazakhstan // University of Dundee. 2009. P. 470.
5. David Perks. Oil & Gas: A Comparative Guide to the Regulation of Oil and Gas Projects: Jurisdictional Comparisons // European lawyer reference. 2012. P. 56.
6. Aitkhozhaev S.S. Munai onimderinin onondirisi men ainalymyn memlekettik retteu // XXI gasyrdagy Economics of the world: ladies tendencies. Almaty, 2003. P. 34.
INTERNATIONAL LAW
Tan Bowe
Belarus State University
Yang Yu
Belarusian State University
SOFT POWER IN THE AGE OF DIGITAL MEDIA: STRATEGIES AND IMP ACTS OF CROSS GEOPOLITICAL CULTURAL COMMUNICATION
In the era of digital media, soft power has become an increasingly critical aspect of international relations, significantly influencing cross-geopolitical cultural communication. This paper examines the strategies employed by nations to project their culture and values beyond their borders and assesses the impacts of these endeavors on global perceptions and diplomatic relations. Initially, it outlines the conceptual framework of soft power, distinguishing it from hard power and highlighting its relevance in the digital age. It then explores the role of digital media platforms in amplifying soft power, including social media, streaming services, and online cultural exchanges. Case studies of various countries utilizing digital media to enhance their cultural influence, such as South Korea’s global promotion of K-pop, are analyzed to understand the effectiveness of these strategies. The paper also addresses the challenges and controversies surrounding the use of digital media for cultural diplomacy, including issues of cultural imperialism and the digital divide. Furthermore, it investigates the impact of digital media-driven soft power on international politics, including its ability to foster mutual understanding, shape public opinion, and influence foreign policy decisions. The study concludes by proposing strategies for optimizing the use of digital media in soft power initiatives, ensuring they contribute positively to global peace and understanding.
Keywords: soft power; digital media; cultural diplomacy; cross-geopolitical communication; digital divide; international relations.
References
1. Baym N. K., 2015. Social media and the struggle for society. Social Media + Society, 1(1), pp.1-2.
2. Zhang, X. and Clark, C., 2020. Digital diplomacy and global engagement: Harnessing the power of convergence culture. International Studies Review, 22(3), pp.396-422.
3. Batra, R. & Keller, K.L., 2016. Integrating marketing communications: New findings, new lessons, and new ideas. Journal of Marketing, 80, pp.122-145.
4. Wu, Z., 2023. Research on public service advertising communication strategy under the media integration environment. Media and Communication Research.
5. Chua, V. and Wellman, B., 2019. Networked individualism and the production of culture in the digital age. Media, Culture & Society, 41(6), pp.927-944.
6. Song, M., 2021. Streaming culture and the implications for cultural globalization. Global Media and Communication, 17(2), pp.195-210.
7. Jenkins, H. (2006). Convergence culture: Where old and new media collide. New York University Press.
8. Iwabuchi, K. (2002). Recentering globalization: Popular culture and Japanese transnationalism. Duke University Press.
9. Nye, J.S. (2004) Soft Power: The Means to Success in World Politics. New York: Public Affairs.
10. Van Dijk, J.A.G.M. (2020) The Digital Divide. Cambridge: Polity Press.
PRIVATE INTERNATIONAL LAW
BAKHMETJEV Pavel Vladimirivich
Ph.D. in Law, associate professor of International law sub-faculty of the North Caucasus branch of Russian State University of Justice, Krasnodar
COPYRIGHT ON NEURAL NETWORK WORKS: INTERNATIONAL EXPERIENCE AND DEVELOPMENT PROSPECTS
The question of authorship in relation to works created using neural networks is becoming more acute every day. The results of the joint work of a skilled operator and a well-trained and tuned neural network cannot be inferior in quality to the results of the work of professional authors, lawyers, programmers, musicians, artists, announcers, etc.
At the same time, an operator working with a neural network does not necessarily have to have competence, qualifications or skills in the field that concerns the work he creates. A number of professionals run the risk of becoming less in demand in their activities, while non-professionals receive affordable tools to creatively achieve tasks at a professional or near-professional level in a number of areas. From drafting a statement of claim to writing artistic texts or poems, from image generation to video creation, from generating the voice of a famous speaker to creating music and songs – all these opportunities are available to anyone without the need for specialized education or skills training .
Copyright for works created using neural networks is an area that requires studying both the technical component of this process and the creative contribution of the person involved in the creation of such works. The article examines the foreign experience of regulating these relations, as well as identifies promising areas for the development of legislation in this area.
Keywords: neural networks, copyright, artificial intelligence, intellectual property.
Article bibliography
1. Kibalnik A. G., Volosyuk P. V. Artificial Intelligence: Issues of Criminal Law Doctrine Awaiting Answers // Legal Science and Practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. 2018. No. 4 (44). P. 173-178.
2. Midjourney, DeviantArt face lawsuit over AI-made art [Electronic resource]. – Access mode: https://www.theregister.com/2023/01/16/stability_diffusion_lawsuit/ (date accessed: 30.06.24).
3. GOOGLE Bard and ChatGPT chatbots have been used to create free Windows 10 and 11 keys. [Electronic resource]. – Access mode: https://www.thesun.co.uk/ tech/22755103/google-bard-chatgpt-windows-11-key-illegal/ (date accessed: 29.06.24).
4. Lukashova A. V. Copyright and works generated by a neural network // Issues of Russian justice.2023. No. 28. P. 122-132
5. Suno Terms of Service. [Electronic resource]. – access mode: https://suno.com/terms/ (date of access: 06/30/24).
6. Diamond, Jared. Animal art: Variation in bower decorating style among male bowerbirds Amblyornis inornatus // Proceedings of the National Academy of Sciences of the United States of America: journal. — National Academy of Sciences, 1986. — 1 May ( vol. 83). P. 3042-3046.
7. Monkey selfie. [Electronic resource]. – Access mode: https://ru.wikipedia.org/wiki/Сельфи_обены (date of access: 29.06.24).
8. Here’s why AI-created comics might not be eligible for copyright. [Electronic resource]. – Access mode: https://economictimes.indiatimes.com/magazines/panache/heres-why-ai-created-comics-might-not-be-eligible-for-copyright/articleshow/96482285.cms ?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst (date accessed: 29.06.24).
9. Pashchuk E. O. Problematic issues of recognition of copyright on neural network works: legal aspect // Issues of Russian justice. 2023. No. 24. P. 213-218.
10. Artificial intelligence and copyright. [Electronic resource]. – Access mode: https://www.wipo.int/wipo_magazine/en/2017/05/article_0003.html (date of access: 30.06.24).
INTERNATIONAL PRIVATE LAW
DEMIRCHYAN Viktoriya Vaganovna
Ph.D. in Law, associate professor of International law sub-faculty of the North Caucasus branch of the Russian State University of Justice
LEGAL REGULATION OF INTERNATIONAL ELECTRONIC COMMERCE IN THE UNCITRAL MODEL LAWS
The article analyzes the concepts, as well as the legal regulation of international e-commerce and e-trade, provides a comparative analysis of the two categories, identifies gaps in legal regulation, and examines the main UNCITRAL model laws governing this category of legal relations. The author analyzes the main factors influencing the growth of e-commerce, summarizes statistical data that make it possible to predict the development of legal relations in a particular commercial sphere, as well as in improving legal regulation both at the international and national levels. br> Keywords: e-commerce, e-commerce, international legal regulation.
Article bibliography
1. Kormiltseva A. I. Problems of legal regulation of electronic document flow // Legal sciences: problems and prospects: materials of the IV International scientific conference, Kazan, May 20-23, 2016 Kazan: Buk, 2016. P. 109-113. [Electronic resource]. – Access mode: https://moluch.ru/conf/law/archive/181/10468/ (date of access: 25.06.2024).
2. L. Castellani, ‘The United Nations Electronic Communications Convention – Policy Goals and Potential Benefits’, 19(1) // Korean Journal of International Trade & Business Law 1 (2010), at 2.
INTERNATIONAL PRIVATE LAW
SIMATOVA Elena Lvovna
Ph.D. in Law, associate professor, Head of International law sub-faculty of the North Caucasus Branch of the Russian State University of Justice, Krasnodar
TRANSFORMATION OF DOCTRINAL APPROACHES TO ESTABLISHING STATE JURISDICTION IN THE CONTEXT OF GLOBAL DIGITALIZATION
Cyberspace as a place for the emergence and termination of legal relations is a kind of legal phenomenon, since it has no territorial ffiliation The issue of determining state jurisdiction in such cases is of particular importance, since doubts are expressed in science about the permissibility of regulating cyberspace by traditional means of law, up to its complete withdrawal from state sovereignty. The article analyzes doctrinal approaches to the extension of the extraterritorial jurisdiction of the state to cyberspace and explores possible criteria that could mediate a close relationship between the emerging relations and the state.
Keywords: digitalization, cyberspace, jurisdiction in cyberspace, extraterritorial jurisdiction
Article bibliography
1. Uta Kohl. Jurisdiction in cyberspace // Research Handbook on International Law and Cyberspace, 2015. Chapter 2. P. 30-54.
2. Kuzmenkov M. Yu. Conflict of laws regulation of digital rights circulation // Actual problems of Russian law. 2021. No. 3 (124). P.152-159.
3. Majorina M. V. Cyberspace and methodology of international private law // Law. Journal of the Higher School of Economics, 2020. No. 2. P. 230-253.
4. Darrel C. Menthe. Jurisdiction in Cyberspace: A Theory of International Spaces// Michigan Telecommunications and Technology Law Review. 1998. Volume 4. Issue 1. [Electronic resource]. – Access mode: https://core.ac.uk/download/pdf/232684908.pdf
5. Terentyeva L. V. Principles of Establishing the Territorial Jurisdiction of a State in Cyberspace// Lex Russica. 2019. No. 7 (152). P. 119-129.
6. Krasikov D. V. Territorial Sovereignty and Delimitation of Jurisdictions in Cyberspace // State and Law in the New Information Reality. 2018. No. 1. Pp. 99-111.
7. Kapustin A. Ya. State Sovereignty in Cyberspace: International Legal Dimension // Journal of Foreign Legislation and Comparative Law. 2022. No. 6. Pp. 99-108.
8. Beall C. The Scientological Defenestration of Choice-of-Law Doctrines for Publication Torts on the Internet // Marshal Journal of Computer & Information Law. 1997. Vol. 15. Pp. 361-390.
9. Safoeva S. M. Jurisdictional Boundaries in Cyberspace: Transformation of Civil Law Relations // Universum: Economics and Jurisprudence. 2023. No. 8 (107). P. 13-21.
10. Terentyeva L. V. Extraterritorial manifestation of the jurisdiction of the state in the context of the transformation of the perception of its spatial boundaries // Law. Journal of the Higher School of Economics. 2019. No. 3. P. 160-180.
11. Bakhaeva A. V. Extraterritorial application of US antitrust law: the doctrine of consequences versus the principles of international comity // Issues of Russian and International Law. 2012. No. 9-10. P. 86-94.
12. Tebenkova V. N. The doctrine of consequences as a basis for establishing the jurisdiction of states in cyberspace // International law and international organizations. 2024. No. 1. P. 1-22.
THEORY OF STATE AND LAW
DUSHKINA Ekaterina Vladimirovna
Ph.D. in Law, associate professor of Legal studies sub-faculty of the St. Petersburg State University of Architecture and Civil Engineering
DEMIDOV Alexander Vladimirovich
Ph.D. in Law, associate professor, Deputy Head of Theory and history of state and law sub-faculty of the St. Petersburg University of the MIA of Russia
LEGAL AND TECHNICAL REQUIREMENTS FOR IMPROVING REGULATORY LEGAL ACTS
The article analyzes the legal and technical requirements for improving regulatory legal acts, which are important components of the principle of legal certainty. Therefore, further comprehensive study of these requirements does not lose relevance. The purpose of the study was to identify adequate requirements aimed at improving the quality of the development of regulatory legal acts. Research methods and methodology: the article used deductive and inductive research methods, as well as analysis, generalization and synthesis. Research results: requirements for normative legal acts can be divided into the following groups: clarity of the text of normative legal acts; clarity of formulations of legal norms; logical definitions, legal fictions, presumptions and constructions; completeness of expression of legal norms in the text of normative legal acts; conciseness of expression of legal norms in the text of normative legal acts. Conclusions: the requirements that relate to the quality of the legal norm are formulated: accessibility and predictability; the degree of clarity of the legal norm.
Keywords: legal technique, normative legal acts, legal norms, legal certainty.
Article bibliography
1. Anthology of world legal thought: In 5 volumes / Volume 3: Europe, America. XVII–XX centuries. Volume 3 / [Responsible editor O. A. Zhidkov]. – M: Mysl, 1999. – 829 p.
2. Bogolyubov S. A. Style of legal acts // Soviet state and law. – M.: Nauka, 1973. – No. 10. – P. 101-105.
3. Derbysheva E. A. The principle of legal certainty as a requirement for the certainty of a legal norm // Legal studies. – 2017. – No. 2. – P. 68-80.
4. Zykova S. V. Interpretation technique: content and place in the system of legal technique // History of state and law. – 2022. – No. 8. – P. 42-47. DOI 10.18572/1812-3805-2022-8-42-47.
5. Ihering R. von. Legal technology / Compiled by: Polyakov A.V. – M.: Statute, 2008. – 231 p.
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8. Savelyeva O. E., Shanazarova E. V. Legal construction: problems of theory and practice // Humanitarian, socio-economic and social sciences. – 2023. – No. 7. – P. 143-145. DOI 10.23672/SAE.2023.24.69.030.
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THEORY OF STATE AND LAW
ISMAGILOV Igor Rashidovich
Deputy General Director of Apex-I for Legal Affairs (St. Petersburg, Russia)
MIKULENKO Fedor Alexeevich
postgraduate student of the Patrice Lumumba Peoples’ Friendship University of Russia
PROKOFJEV Konstantin Georgievich
Ph.D. in Law, associate professor of the branch of the Moscow University of Finance and Law in Orsk
PROPERTY AS A MORAL AND LEGAL VALUE (EXPERIENCE OF CLASSICAL PHILOSOPHY OF LAW)
Classical philosophy of law, formed in line with German idealism at the turn of the 18th–19th centuries, developed on the basis of the philosophical and legal paradigm of absolute freedom. Law and morality act as the results of the systematic development of the concept of freedom, passing through a series of stages (I. Kant). One of these steps is the concept of property. Namely: the first stage, which is fixed in the form of an agreement between two subjects of law (I. G. Fichte, G. V. F. Hegel). But property relations in themselves are not absolute. Their truth is revealed in the entire complex of social relations of civil society, in the absolute right of the state regarding society and the individual.
Keywords: Kant, Fichte, Hegel, law, state, personality, property, value, freedom, philosophy of law.
Article bibliography
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2. Bastrykin A. Legal protection of national interests of the Russian Federation in the context of the transformation of the world order // XII St. Petersburg International Legal Forum 2024. – M .: Roscongress, 2024. – P. 14-18.
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5. Goodness, trust, justice in philosophical and legal thought: antiquity and modernity: Monograph / Under the general editorship of V. P. Salnikov; Ananskikh I. A., Vinogradova E. V., Gribov I. N., Gutman M. Yu., Zakhartsev S. I., Zorina N. V., Ignatieva S. V., Ismagilov I. R., Ismagilov R. F., Kiiko A. Yu., Krizhanovskaya G. N., Lezhneva O. Yu., Lysenkov S. G., Maksimov A. A., Maslennikov D. V. ., Morozov A. I., Novozhilov S. A., Petrov P. A., Prokofiev K. G., Salnikov V. P., Salnikov M. V., Salnikov S. P., Starovoitova O. E., Utyuganov A. A., Khabibulin A. G. – St. Petersburg: St. Petersburg Military Order of Zhukov Institute of National Guard Troops, University Foundation, 2022. – 463 p.
6. Zakhartsev S. I., Salnikov V. P. Rereading Hegel. Reflections on the 200th Anniversary of the “Philosophy of Law” // Theory of State and Law. – 2021. – No. 2. – P. 67-88. DOI 10:47905/MATJIP.2021.22.2.005.
7. Zorina N. V., IsMagilov I. R., Maksimov A. A. The concept of personality and its rights in the early work of G. V. F. Hegel “Jena real philosophy” // Human rights in the dialogue between state power and civil society: Collection of materials of the All-Russian scientific and practical conference dedicated to Human Rights Day (Ufa, December 10, 2020). In 2 parts. Part 1 / Ed. E. O. Tulupova. – Ufa: RIC BashSU, 2020. – Ufa, 2020. – Pp. 3-14. – in the collection. 243 p.
8. The idea of \u200b\u200bfreedom. Law. Morality (classical and post-classical philosophy of law): Monograph / Ed. by Dr. of Law S. I. Zakhartsev; I. A. Ananskikh, I. N. Gribov, S. I. Zakhartsev, N. V. Zorina, I. R. Ismagilov, O. A. Klimenko, O. Yu. Lezhneva, S. F. Mazurin, B. V. Makov, D. V. Maslennikov, A. K. Mirzoev, P. A. Petrov, E. A. Polivko, K. G. Prokofiev, O. V. Pyleva, V. P. . Salnikov, M. V. Salnikov, F. O. Chudin-Kurgan. – M.: Yurlitinform, 2020. – 288 pp.
9. The idea of justice in the traditions of post-classical philosophy of law: Scientific publication / R. F. Ismagilov, D. V. Maslennikov, V. P. Salnikov, S. I. Zakhartsev, M. V. Salnikov, L. K. Petrosyan, A. V. Chernyaeva; under the general editorship of V. P. Salnikov. – St. Petersburg: Fund “University”, 2012. – 176 p.
10. Ismagilov I. R. The concept of free will in the philosophy of law of G. V. F. Hegel: issues of actualization in modern political and legal theory // The world of politics and sociology. – 2014. – No. 11. – P. 191-196.
11. Ismagilov I. R. Economic issues in the philosophy of law of G. V. F. Hegel // Legal field of modern economics. – 2016. – No. 8. – P. 68-72.
12. Ismagilov I. R., Lezhneva O. Yu. Methodological foundations of the deduction of law in the teachings of I. G. Fichte and his interpretation of the concept of judicial power // The rule of law: theory and practice. – 2018. – No. 4. – P. 61-65.
13. Ismagilov I. R., Prokofiev K. G. Concepts of Morality and Justice in the Philosophical and Legal Concepts of Kant and Hegel // The World of Politics and Sociology. – 2017. – No. 1. – P. 176-182.
14. Ismagilov R. F., Salnikov V. P. Philosophy of I. Kant and G. V. F. Hegel: Reflection on the Principles of Justice and Law // Legal Field of Modern Economics. – 2016. – No. 5. – P. 155-164.
15. Kant I. Foundations of the Metaphysics of Morality. Critique of Practical Reason. Metaphysics of Morals. – SPb/: Nauka, 1995. – 528 p.
16. Lezhneva O. Yu. Morality, Law, Court: Kant on Freedom and Responsibility of the Individual // The World of Politics and Sociology. – 2016. – No. 11. – P. 181-187.
17. Lezhneva O. Yu., Ponomarev A. A., Pyleva O. V. The Doctrine of I. Kant on Constitutional Rights and Freedoms of the Individual and the Tradition of the Enlightenment // Scientific Notes of the Law Faculty. – 2017. – No. 44-45 (54-55).
18. Patrushev V. Protection of Historical Memory – the Foundation of Russian Statehood. [Electronic resource]. – Access mode: https://oborona.ru/product/zhurnal-nacionalnaya-oborona/zashchita-istoricheskoj-pamyati-fundament-rossijskoj-gosudarstvennosti-45910.shtml.
19. Political and legal governance and threats to state sovereignty: monograph / Ed. V. P. Salnikov. – 2nd ed., corrected. and additional. – Moscow: INFRA-M, 2024. – 423 p. (Scientific thought).
20. Prokofiev K. G. Deduction of legal and moral norms in the teachings of I. Kant and I. G. Fichte and its significance for domestic theoretical legal science // Legal state: theory and practice. – 2018. – No. 3. – P. 81-86.
21. Prokofiev K. G. The Problem of Justification of Law in the Work of I. G. Fichte “The Basis of Natural Law According to the Principles of the Doctrine of Science” // The Legal State: Theory and Practice. – 2018. – No. 4. – P. 95-100.
22. Salnikov V. P., Maslennikov D. V. Two Ways of Deducing Law and Morality in Classical Transcendental Philosophy: the Meaning of the Difference // In the book: Law. Order. Values. Monograph / ed. by E. A. Frolova. – M.: Prospect, 2022. – P. 90-99.
23. Salnikov V. P., Maslennikov D. V., Ismagilov I. R. Development of theoretical and methodological foundations of political and legal science in the “Jena real philosophy” of G. W. F. Hegel // The world of politics and sociology. – 2016. – No. 12. – P. 181-188.
24. Salnikov V. P., Maslennikov D. V., Maksimov A. A. Hegel on the dual, abstract-concrete nature of the individual as a subject of law: natural law and theological foundations of genesis // The rule of law: theory and practice. – 2021. – No. 3 (65). – P. 44-58.
25. Salnikov V.P., Maslennikov D.V., Prokofiev K.G. The Meaning of the Difference in the Approach of I. Kant and I.G. Fichte to the Task of Deduction of Law and Morality // Legal Science: History and Modernity. – 2018. – No. 4. – P. 185-192.
26. Salnikov V.P., Maslennikov D.V., Zorina N.V., Prokofiev K.G. Transcendentalism and the Idea of Freedom in the Philosophy of Law: Descartes – Spinoza – Kant // Legal Science: History and Modernity. – 2019. – No. 10. – P. 177-192.
27. Stepashin S. The Role of Lawyers in the Formation of a Friendly Civilizational Space // XII St. Petersburg International Legal Forum 2024. – M.: Roscongress, 2024. – P. 24-25.
28. Philosophical and Legal Knowledge: Current Issues. Monograph / Under the general editorship of V. P. Salnikov; Ananskikh I. A., Vinogradova E. V., Vikhrov A.A., Gutman M. Yu., Zakhartsev S. I., Zorina N. V., Ignatieva S. V., Ismagilov R. F., Kiyko A. Yu., Klimenko O. A., Krizhanovskaya G. N. , Lysenkov S. G., Maslennikov D. V., Mirzoev A. K., Morozov A. I., Novozhilov S. A., Petrov P. A., Prokofiev K. G., Salnikov V. P., Salnikov M. V., Salnikov S. P., Starovoitova O. E., Tretyakov I. L., Utyuganov A. A., Khabibulin A. G. – SPb.: St. Petersburg Military Order of Zhukov Institute of the National Guard Troops of the Russian Federation, University Foundation, 2022. – 417 p.
29. Fichte I. G. The Basis of Natural Law According to the Principles of Science of Science. – M.: Canon +, 2014. – 392 p.
30. Schick F. The Origin of the Person in Hegel’s Rechtsphilosophy // What is the Origin of the Person in Hegel’s Rechtsphilosophy? Hegel and the Foundations of the Rechtsstaates. Studies by Wischke M., Przylebski. Wurzburg: Konigshausen – Neumann, 2010. – S. 114-126.
THEORY OF STATE AND LAW
SEMENOVYKH Anastasiya Evgenjevna
lecturer of S. S. Alekseev Theory of state and law sub-faculty of the V. F. Yakovlev Ural State Law University, Yekaterinburg
THE CONCEPTS OF “LEGAL PROTECTION” AND “LEGAL DEFENSE” IN LEGAL SCIENCE
In the article, the author analyzes the place of the concepts of “legal protection” and “legal defense” in the conceptual and categorical series of the theory of state and law . Also conducts a comparative analysis and identifies the relationship of legal protection and legal defense with related concepts. Based on the results of the study, definitions of the concepts of “legal protection” and “legal defense” are proposed from the point of view of the theory of legal influence.
Keywords: legal protection, legal protection, protective function of law, legal influence, protective impact, state coercion, protective activity, protective legal institution.
Bibliographic list of articles
1. Alekseev S. S. General theory of law: course in 2 volumes. Vol. 2. – M, 1982. – P. 289.
2. Alekseev S. S. The structure of Soviet law. – M.: Jurid. litera, 1975. – P. 32-33.
3. Arzhanov M. A. Subject and method of legal regulation in connection with the issue of the system of Soviet law // Soviet state and law. – M., 1940. – № 8-9. – P. 12-28.
4. Berg L. N. Research of legal impact: methodology, theory, practice: specialty 12.00.01 “Theory and history of law and state; history of doctrines on law and state “: dissertation for the degree of Doctor of Law. – Moscow, 2019. – 429 p. – EDN BKMSCV.
5. Berg L. N. Theory of Legal Impact. – Moscow: Statut, 2021. – 309 p. – ISBN 978-5-8354-1688-2. – EDN RFPGFZ.
6. Venediktov AV Civil-legal protection of socialist property in the USSR / USSR Academy of Sciences. Institute of Law; AV Venediktov. – M.; L.: Publishing House of the USSR Academy of Sciences, 1954. – 268 p.
7. Volozhanin V. P. Forms of protection of subjective civil rights // Jurisprudence. – 1971. – No. 6. – P. 81-99
8. Gavrilov E. P. Commentary on the Law on Copyright law and related rights. – M., 1996. – 489 p.
9. Ioffe O. S. Selected works: in 4 volumes. Volume 2: Soviet civil law. – St. Petersburg, 2004. – P. 492.
10. Malein N. S. Protection of individual rights by Soviet legislation. – Moscow, 1985. – 128 p.
11. Mosin E. F., Sapun V. . A. Understanding of law and instrumental value of law (in the context of the scientific concept of A. V. Polyakov) // News of higher educational institutions. Jurisprudence. – 2014. – No. 5 (316). – P. 114-126.
12. Radko T. N. On the protective function of socialist law // 50 years of Soviet power and current problems of legal science: Materials for the conference on the results of research work for 1966 – Saratov, 1967. – P. 53.
13. Radko T. N., Tolstik V. A. Functions of Law: Monograph. – Nizhny Novgorod: Nizhny Novgorod Higher School of the Ministry of Internal Affairs of the Russian Federation, 1995. – 106 p. – EDN UJOHNB. – P. 51.
14. Sapun V. A. Theory of legal means and mechanism of law implementation. – St. Petersburg: St. Petersburg State University of Economics, 2002. – P. 29.
15. Soviet state and law. – 1982. – No. 6. – P. 86.
16. Stuchka P. I. Selected works on the Marxist-Leninist theory of law / Comp.: Klyava G. Ya. – Riga: Latvian state publishing house, 1964. – P. 63.
17. Syrykh V. M. History and methodology of legal science: textbook. – Moscow: Norma: INFRA-M, 2018. – 464 p. – ISBN 978-5-91768-299- 0. – Text: electronic. [Electronic resource]. – Access mode: https://znanium.ru/catalog/product/945566 (date of access: 06.08.2024).
18. Ushakov A. A. Contents and Form in law and Soviet lawmaking: Abstract of a dissertation. … Doctor of Law. – Sverdlovsk, 1970. – P. 24-25.
19. Tsikarishvili O. G. Protective function of Russian law: abstract of dissertation for the degree of candidate of legal sciences: specialty 12.00.01 ; [Saratov State Academy of Law]. – Saratov, 2008. – 28 p.
THEORY OF THE STATE AND PRAVA
PLATONOV Vladimir Mikhaylovich
Ph.D. in Law, Head of Public policy and history of state and law sub-faculty of the Patrice Lumumba Peoples’ Friendship University of Russia; President of the Moscow Chamber of Commerce and Industry
DIFFERENTIATION OF SUBJECTS OF COMPETENCE AND POWERS BETWEEN LEVELS OF PUBLIC AUTHORITY IN THE REGULATION OF THE ELECTORAL PROCESS
The current Russian legislation and the current political practice of ensuring the activities of public authorities determine some contradictory features of the differentiation of the subjects of competence and powers of the Russian Federation and its subjects. In particular, these are historically determined differences in the dynamics of interinstitutional interaction between the federal and subject levels of government, local features of regional development, contradictions in the formulated and used coordination mechanisms and procedures, etc. In this regard, the regulation of the electoral process in relation to the problems of ensuring the functioning of public authorities at various levels involves improving the current Russian electoral legislation, “leveling” regional specifics according to specific parameters, and conducting a qualitative analysis of the existing experience in using modern electoral technologies. Accordingly, closer cooperation of Russian legal scholars and political scientists on the above-mentioned issues is necessary.
Keywords: the Russian Federation, the subjects of the Russian Federation , the delimitation of subjects of competence and powers, public administration bodies, levels of public authority, the electoral process.
Article bibliography
1. Arzhanov V. V. Delimitation of powers and subjects between state bodies and local government bodies // Administrative law and process. 2019. No. 7. P. 40-42.
2. Efimov G. A. Delineation of subjects of jurisdiction and powers “vertically” as a way of implementing the constitutional principle of separation of powers // Legal World. 2019. No. 6. P. 20 -23.
3. Kursky I. S. On the relevance of the model for delimiting the scope of jurisdiction between the Russian Federation and its subjects // Issues of Russian and International Law. 2023. Vol. 13. No. 1-2-1. P. 60-66.
4. Leksin I. V. Distribution of competence between levels of public authority in modern Russia: practical state and normative consolidation // Federalism. 2023. No. 28 (1). P. 5-30.
5. Merkulenko A. A. Delineation of subjects of jurisdiction and powers between the center, regions and municipalities in the constitutions of federal and decentralized states // Bulletin of Perm University. Legal sciences. 2023. No. 59. P. 73 -96.
6. Nikishchenkova M.A. Regional lawmaking: problems of delimitation of subjects of jurisdiction of the Russian Federation and its subjects // Legal Bulletin of Samara University. 2023. Vol. 9. No. 4. P. 7-12.
7. Patselya Ya. S. Modern technologies for ensuring the modernization of the electoral process in the context of the activities of election commissions // Questions of Political Science. 2021. Vol. 11. No. 7 (71). P. 2009-2015.
8. Smorchkova L. N. On the delimitation of the subjects of jurisdiction of the Russian Federation and the subjects of the Russian Federation in the implementation of administrative and legal regulation // Legal policy and legal life. 2023. No. 2. P. 133-141 .
9. Channov S. E. Delineation of powers on subjects of joint jurisdiction in the context of budgetary security of the constituent entities of the Russian Federation // Bulletin of the Volga Region Institute of Management. 2020. Vol. 20. No. 5. P. 12-20.
10 . Chistoborodov I. G. Electoral system as the main object of state management of the electoral process in the Russian Federation // Social and political sciences. 2019. No. 2. P. 173-177.
11. Shub A. M. Features of the delimitation of subjects of jurisdiction and powers in the sphere of regulation of issues of official publication (promulgation) of municipal legal acts // Bulletin of Economics, Law and Sociology. 2021. No. 1. P. 228-231.
12. Yarkov V. V. Delimitation of subjects of jurisdiction between courts: key innovations // Arbitration and civil procedure. 2019. No. 7. P. 31-37.
THEORY OF STATE AND LAW
ZHURAVKOV Alexander Anatoljevich
master of law, postgraduate student of Theory and history of law and law sub-faculty of the Institute of Law of the Siberian Federal University, Krasnoyarsk
ON THE ISSUE OF DISTINGUISHING FORMALISM AT THE STAGE OF EVALUATING EVIDENCE AND AT THE STAGE OF INTERPRETING THE RULE OF LAW
The article proposes an approach to the differentiation of formal legal and formalist approaches to the interpretation and application of legal norms, based on the objective necessity of a legal form as one of the key and integral elements of legal regulation, and the inadmissibility of giving this structural element of law a negative connotation. The article also analyzes the mistakes made in the framework of judicial practice due to both a purely formal approach to the assessment of evidence and the formalistic application of the norms of substantive law. Separate options for overcoming these errors are offered.
Keywords: legal formalism, formalist approach, normoscepticism, Grand style method, terminological desynchronization, evaluation of evidence, purpose of the contract, subject of the contract, hereditary mass, limits of liability of the heir for the debts of the testator.
Bibliographic list of articles
1. Resolution of the Constitutional Court of the Russian Federation of 10.02.2017 No. 2-P “On the case of verifying the constitutionality of the provisions of Article 212.1 of the Criminal Code of the Russian Federation in connection with the complaint of citizen I. I. Dadin”. – [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_212659/?ysclid=lnvmb1p03u370181087 (date of access: 10/24/2023).
2. Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated July 10, 2023 in case No. 78-KG23-16-KZ. – [Electronic resource]. – Access mode: https://legalacts.ru/sud/opredelenie-sudebnoi-kollegii-po-grazhdanskim-delam-verkhovnogo-suda-rossiiskoi-federatsii-ot-10072023-n-78-kg23-16-k3/?ysclid=lnwrngrdhq407404057 (date of access: 10/24/2023).
3. Determination of the Civil Collegium of the Second Cassation Court of General Jurisdiction dated October 25, 2022 in case No. 88-24401/2022 (Unique case identifier 77RS0031-02-2021-003620-57). – [Electronic resource]. – Access mode: https://2kas.sudrf.ru (date of access: 24.10.2023).
4. Determination of the Judicial Collegium for Civil Cases of the Second Cassation Court of General Jurisdiction in case No. 88-24585/2022 dated November 01, 2022. – [Electronic resource]. – Access mode: https://2kas.sudrf.ru (date of access: 24.10.2023).
5. Tonkov D. E. American legal realism: legal certainty from the standpoint of norm skeptics // Jurisprudence. – 2015. – No. 4. – P. 137.
6. Abushenko D. B., Branovitsky K. L., Zagaynova S. K. et al. Actual problems of civil and administrative proceedings. § 2 Ch. 1. / Ed. by V.V. Yarkov. – Moscow: Statut, 2021. – 460 p. – [Electronic resource]. – Access mode: https://www.consultant.ru/law/review/other/xm2022-03-02.html?ysclid=lp27ydykl2706566614, section “New: legal press, commentaries and books” (date of access: 11/15/2023).
7. Decision of the Justice of the Peace of judicial district No. 81 in the Sovetsky district of Krasnoyarsk in case No. 2-3003/19 (81). – [Electronic resource]. – Access mode: https://ms81.mirsud24.ru/ms/sudoproizvodstvo/informatsiya-po-sudebnym-delam (date of access: 04/29/2022).
8. Resolution of the Plenum of the Supreme Court of the Russian Federation of 06/28/2012 No. 17 “On the consideration by courts of civil cases on disputes on the protection of consumer rights”. – [Electronic resource]. – Access mode: https://www.vsrf.ru/documents/own/8304/?ysclid=l5zan8q6zw155616941 (date of access: 07/24/2022).
THEORY OF STATE AND LAW
GASANOV Akhmed ovich
magister student of the Institute of Law of the Dagestan State University, Makhachkala
BASIC MODELS OF LEGAL DEVELOPMENT: EVOLUTIONARY-CIVILIZATIONAL APPROACH
The article examines the main legal models of systems from the point of view of the evolutionary-civilizational context. The characteristics of their development and the central ideas of the evolution of each model are studied. Detailed studies of the three main civilizational models: Western (classical) model, Islamic religious model and Eastern (Indo-Buddhist) model. The author also substantiates the inseparability of the categories “law” and “culture” and reduces the monotonous perception of the consequences of legal systems. “Law” and “culture” as an integral unified complex of society.
Keywords: models of legal development, civilizational approach, natural law concept, Islamic law, Eastern model of law, culture.
Article bibliography
1. Mayurov N. P. Traditional and religious legal families in the countries of the modern world // Social and political sciences. – 2023. – No. 5 (44). – P. 57-66.
2. Dmitrievskaya D. S. Civilizational approach to human rights // Law and Right. – 2023. – No. 2 (112). – P. 43-45.
3. Ivanov N. A. Social aspects of traditional Islam // Asia and Africa today. – 2023. – No. 3 (56). – P. 6-11.
THEORY OF STATE AND LAW
Dzhalmukhanov Ramil Gaynullaevich
postgraduate student of the 4th years of study of Theory and history of state and law sub-faculty of the V. N. Tatishchev Astrakhan State University
THE CONCEPT, ESSENCE AND MEANING OF THE LAW ENFORCEMENT FUNCTION OF THE STATE
The law enforcement function of the state is one of the main functions of the state, which consists in ensuring respect for the rights and freedoms of citizens, maintaining social and legal stability, as well as preventing and suppressing offenses.
The essence of the law enforcement function of the State is related to the implementation of law enforcement activities by State bodies such as the police, border guards, prosecutors and judicial authorities. These bodies work together to ensure the implementation of laws and maintain public safety.
The importance of the law enforcement function of the state is to create conditions for the life and activity of citizens in a safe and stable environment. It promotes the strengthening of statehood and the rule of law, ensures the protection of the rights and freedoms of citizens, and also helps to bring to justice those who commit illegal actions.
The law enforcement function of the State is an important tool for law enforcement and maintaining order in society. Its implementation contributes to the development of law and order and the creation of conditions for the prosperity of citizens and society as a whole.
Keywords: law enforcement function, state, concept, essence, meaning, security, law and order, crime, law, offender, suppression, prevention, investigation, trial, punishment, public order, legal protection, police, law enforcement agencies, law enforcement.
Article bibliography
1. Stefanova T. V. Law enforcement function of the state: essence and meaning // Bulletin of Tomsk State University. – 2019. – No. 380. – P. 88-92.
2. Muravyov V. V. Formation and implementation of the law enforcement function of the state in modern Russia // State and Law. – 2021. – No. 9. – P. 89-96.
3. Litovskoy, V. M. Law enforcement function of the state: essence and problems of implementation // Kazan Law Journal. – 2019. – No. 4. – P. 71 -76.
4. Tolstikov V. I. Law enforcement function of the state in modern conditions // Ural legal bulletin. – 2019. – No. 3. – P. 31-36.
5. Mayorov A. A. Implementation law enforcement function of the state in the national security system // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2020. – No. 2. – P. 128-134.
THEORY OF STATE AND LAW
ZHUK Artyom Sergeevich
Head of the municipality Staropolskoe rural settlement of the Slantsevsky district, Leningrad region
ON THE ISSUE OF THEORETICAL JUSTIFICATION FOR THE VALUE NATURE OF THE STATE
The state as the highest form of social organization of society is determined by its value nature. It is not only the result of the action of the mind and will of people, but also a direct expression of the highest idea of justice, which underlies the ontology of the universe and the basis of the moral structure of the human soul. Therefore, the state interest rises above the purely utilitarian goals of people, and the value of the state is of absolute importance. The constitutional reform of 2020, which took a significant step in the “axiologization” of the Basic Law, allows us to talk about the real development of the Russian statehood.
Keywords: Plato, Kant, neo-Kantianism, justice, absolute good, state, law, sovereignty, values, Constitution of the Russian Federation.
Bibliographic list of articles
1. Aristotle. Works in 4 volumes. Vol. 1. – M.: Mysl, 1976. – 550 p.
2. Voronin Yu. A. Transnational organized crime. – Ekaterinburg: UrGLA, 1997. – 72 p.
3. Hegel G.V.F. Lectures on the History of Philosophy. Book Two. – SPb.: Nauka, 1994. – 432 p.
4. Goodness, trust, justice in philosophical and legal thought: antiquity and modernity: Monograph / Under the general editorship of V. P. Salnikov; Ananskikh I. A., Vinogradova E. V., Gribov I. N., Gutman M. Yu., Zakhartsev S. I., Zorina N. V., Ignatieva S. V., Ismagilov I. R., Ismagilov R. F., Kiiko A. Yu., Krizhanovskaya G. N., Lezhneva O. Yu., Lysenkov S. G., Maksimov A. A., Maslennikov D. V., Morozov A. I., Novozhilov S. A. ., Petrov P. A., Prokofiev K. G., Salnikov V. P., Salnikov M. V., Salnikov S. P., Starovoitova O. E., Utyuganov A. A., Khabibulin A. G. – St. Petersburg: St. Petersburg Order of Zhukov Military Institute of National Guard Troops, University Foundation, 2022. – 463 p.
5. Zakhartsev S. I., Maslennikov D. V., Salnikov V. P. On the importance of the logical form of philosophy for understanding the nature of the absolute in law // The World of Politics and Sociology. – 2018. – No. 2. – P. 178-187.
6. Zakhartsev S. I., Maslennikov D. V., Salnikov V. P., Seliverstov I. N. Sovereignty, state and organized crime: axiological aspect // Monitoring law enforcement. – 2021. – No. 2 (39). – P. 13-20.
7. The idea of freedom. Law. Morality (class(Russian and postclassical philosophy of law): Monograph / Edited by Doctor of Law S. I. Zakhartsev; I. A. Ananskikh, I. N. Gribov, S. I. Zakhartsev, N. V. Zorina, I. R. Ismagilov, O. A. Klimenko, O. Yu. Lezhneva, S. F. Mazurin, B. V. Makov, D. V. Maslennikov, A. K. Mirzoev, P. A. Petrov, E. A. Polivko, K. G. Prokofiev, O. V. Pyleva, V. P. Salnikov, M. V. Salnikov, F. O. Chudin-Kurgan. – M.: Yurlitinform, 2020. – 288 p.
8. Kuznetsov P., Salnikov V. P., Maslennikov D. V., Prokofiev K. G. Immanuel Kant on the moral foundations of the state and its relationship to the Church as an “ethical community” (On the 300th anniversary of the philosopher) // Theory of state and law. – 2024. – No. 1 (35). – P. 166-187.
9. Radbruch G. Philosophy of law. – Translated from German. – M.: International Relations, 2004. – 240 p.
10. Salnikov V. P., Maslennikov D. V., Zhuk A. S. The idea of moral and legal values and the idea of the state in the paradigms of Kantian and Hegelian philosophy (to the issue of the problem of equality of absolute values) // Legal science: history and modernity. – 2022. – No. 12. – P. 186-192.
11. Salnikov V. P., Maslennikov D. V., Zakhartsev S. I., Morozov A. I. Constitutional reform as the implementation of the value consensus of society // Amendments to the Constitution of the Russian Federation and prospects for the development of regional legislation: Collection of materials of the All-Russian scientific practical conference (Ufa, March 24, 2021) / Ed. N. V. Yamaletdinova. – Ufa: RIC BashSU, 2021. – P. 227-238. – in. sb. 310 p.
12. Frolova E. A. Methodology of legal sciences: neo-Kantian approach // Bulletin of Moscow University. – Series 11: Law. – 2016. – No. 1. – P. 18-34.
13. Braun J. Rechtsphilosophie im 20. Jahrhundert. Die Rückkert der Gerechtigkeit. – München: Vеrlag C.H. Beck, 2001. – 328 s.
THEORY OF STATE AND LAW
ZHURAVKOV Alexander Anatoljevich
master of law, postgraduate student of Theory and history of states and law sub-faculty of the Institute of Law of the Siberian Federal University, arsk
JUDICIAL DISCRETION AS A WAY TO OVERCOME LEGAL FORMALISM: PROBLEMS OF APPLICATION
The article considers a method proposed by a number of authors to overcome the problems caused by legal formalism by expanding judicial discretion (discretion). Taking into account the opinions of individual researchers who are skeptical about the prospect of expanding the limits of judicial discretion, as well as based on the analysis of a specific civil case, significant difficulties are identified in terms of implementing this method, which can minimize the positive effect of its application and create additional difficulties in protecting the rights and legitimate interests of participants in judicial proceedings from manifestations of judicial arbitrariness.
Keywords: legal formalism, law enforcement, interpretation of law, clarification of law, judicial discretion, limits of judicial discretion, deformation of legal mentality.
Article bibliographic list
1. Gadzhiev G. A., Voinikanis E. A. Pacing problem and the revival of judicial rule-making // Law. 2021. No. 6.
HISTORY OF STATE AND LAW
KRASILNIKOV Sergey Vladimirovich
Ph.D. in Law, associate professor of Theory and history of state and law sub-faculty of the North-Western Institute of Management of the Russian Academy of National Economy and Public Administration under President of the Russian Federation, St. Petersburg
POLICE REFORM OF EKATERINA II, AS A RESULT OF THE INFLUENCE OF SIMILAR TRANSFOR-MATIONS IN WESTERN EUROPE IN THE XVI-XVIII CENTURIES
In this article, the author examines the police reform out carried by Catherine II in Russia.
It was examined what the prerequisites were for the reform, what goals and objec-tives it set for itself, as well as what changes were made to the police system.
An attempt has been made to consider the circumstances that contributed to the de-velopment of the functions of the regular police in Moscow, to characterize the directions of activity of state authorities in creating the legal foundations of police life, improving its legal regulation, to analyze and evaluate the nature and content of law-making activity and its impact on the development of domestic legislation and law enforcement practice police, analyze the errors and omissions that occurred.
The results and consequences of this reform are indicated, and an attempt is made to understand how it influenced the history of Russia.
Keywords: internal management, regular police, Moscow, legal bases, functions; in-structions, protection of public order, fight against crime, orders.
Article bibliographic list
1. Belyaeva L. I., Klimov A. Yu. Rightnew support for the activities of the Moscow police during the times of Catherine II and Paul I // Proceedings of the Academy of Management of the Ministry of Internal Affairs of Russia. – 2023. – No. 3 (67). – P. 182-189.
2. Belyaeva L. I., Klimov A. Yu. Creation of a regular police force in Moscow and formation of the legal basis for its activities in the first half of the 18th century // Proceedings of the Academy of Management of the Ministry of Internal Affairs of Russia. – 2023. – No. 2 (66). – P. 156-165.
3. Borisov A. V., Potemkin I. A. The Ministry of Police and its leaders. – M. 2020. – 368 p.
4. Mulukaev R. S. Police in Russia (IX century – early XX century). – N. Novgorod, 1993. – 102 p.
5. Oblitsov I. A. The structure of the police bodies of Russia according to the “Charter of good behavior, or police” // Bulletin of the Institute: crime, punishment, correction. – 2011. – No. 4 (16). – P. 113-124.
6. Pinigin M. G. The staff of the police of Russia in the 18th century // Agro-food policy of Russia. – 2016. – No. 4 (52). – P. 18-31.
7. Police and militia of Russia: pages of history. – M., 1995. – 318 p.
8. Serov D. Security of the Russian person at the beginning of the 18th century // Otechestvennye zapiski. – 2013. – No. 2. – P. 113-121.
9. Sizikov M. I. History of the Russian police (1718-1917): Formation and development of the general regular police in Russia in the 18th century. – M., 1992. – 66 p.
10. Tumin A. Yu. Moscow general police in the 18th–19th centuries (Historical and legal research): dis. … candidate of legal sciences. – M., 2021. – 310 p.
11. Charter of decency or police of April 8, 1782 // Complete collection of laws of the Russian Empire (PSZRI). First collection. 1649–1825. / Ed. M. M. Speransky (in 45 volumes). – SPb.: Type II Department of His Imperial Majesty’s Own Chancellery, 1830. – Vol. 21. – Art. 15. – 379 p.
12. Fedneva N. L. On the History of the Development of the “Charter of Decency, or Police” // International Journal of Constitutional and State Law. – 2017. – No. 2. – P. 49-61.
HISTORY OF THE STATE AND LAW
MIKHAYLIK Anna Alexandrovna
Ph.D. in Law, associate professor, associate professor of Theory and history of state and law sub-faculty of the I. T. Trubilin Kuban State Agrarian University
FEATURES OF THE HISTORICAL DEVELOPMENT OF ANGLO-SAXON LAW
The subject of the study is certain issues of the historical development of Anglo-Saxon law. The objectives of the work are to identify and analyze the structured features characteristic of the Anglo-Saxon legal system in certain periods of its development. The methods include: analysis and synthesis. The results of the work are the identified features of law, divided into elements in the form of the laws of the king, customs and private rules; changes in the understanding of the legal status of an individual and a group; the importance of royal orders in the modern legal system of England. The results of the work can be applied for further research in the field of Anglo-Saxon law. The novelty consists in the step-by-step determination of the features identified during the study.
Keywords: English legal institutions, history of foreign countries, common law, Anglo-Saxon legal system, precedent, law of justice, Anglo-Saxon legal family, sources of law, people’s law, privileged law.
Article bibliography
1. Shuturova H. M. Main characteristics of the Anglo-Saxon legal family // Young scientist. – 2021. – No. 5 (347). – P. 213-214.
2. Borisov G. A. Theory of state and law: a tutorial. – Belgorod: BelSU. – 2006. – P. 238.
3. Rasskazov L. P. Anglo-Saxon legal family: genesis, main features and most important sources // Polythematic online electronic scientific journal of the Kuban State Agrarian University. – 2015. – P. 210-215.
4. Glazov D. V. Identification of the historical process of the emergence of differences in the regulation of contractual relations in the Romano-Germanic and Anglo-Saxon legal systems // Legal science. – 2024. – P. 286-290.
5. Budiono A. Anglo-Saxon common law system and the development of the legal system in Indonesia // University of Muhammadiyah of Surakarta. – 2023. – P. 207-213.
6. Ivaniv A. Legal precedent in the Anglo-Saxon legal family // Economics, finance, jurisprudence. – 2023. – P. 17-22.
7. Gorbatov A. V. Anglo-Saxon legal system // Young scientist. – 2016. – No. 9 (113). – P. 817-819.
8. Kharitonova T. A. Stages of development of the Anglo-Saxon legal system // Issues of Russian justice. – 2022. – P. 58-63.
9. Gaisarov R. I. History of the Anglo-Saxon legal family // Scythian. Issues of student science. – 2019. – P. 15-20.
10. Kitcha M. V. Judicial lawmaking in the context of the Anglo-Saxon legal tradition (Part 1) // North Caucasian Legal Bulletin. – 2020. – P. 315-344.
HISTORY OF THE STATE AND LAW
GERASIMENKO Artem Alexandrovich
adjunct of theAcademy of Management of the MIA of Russia
THE FIGHT AGAINST ECONOMIC CRIMES AT THE TURN OF THE 70S AND 80S OF THE 20TH CENTURY IN THE USSR
The article examines the activities to combat theft of socialist property and speculation in the USSR in the 1980s of the 20th century. The article considers the functioning of the service to combat economic crime, mainly in the above period. The problem of combating economic crime does not lose its relevance even now. At present, this problem is becoming more and more significant. The purpose of this article is to consider the attempt to solve the above problem in a particular historical period. I would like to believe that the analysis of the past will help to cope fully or partially with economic crime in the present and future.
Keywords: economic crimes, USSR, Ministry of Internal Affairs, All-Russian Research Institute, Central Committee of the CPSU, perestroika, acceleration, market economy, drug addiction, operational investigative activities.
Article bibliography
1. Russian police: three centuries of service To the Fatherland: in 2 parts. [Electronic resource] / Ed. V. L. Kubyshko. – M .: Academy of Management of the Ministry of Internal Affairs of Russia. 2019. – P. 173-175.
2. At the head of the Ministry of Internal Affairs of Russia (1802-2017): encyclopedia / Under the general editorship of prof. V. V. Chernykh. – Irkutsk: FGKOU VO VSI MVD of Russia. 2017. – P. 155-164.
3. History of the internal affairs bodies: a textbook / V. V. Chernykh. – Irkutsk: FGKOU VO VSI MVD of Russia, 2016. – P. 275-278.
4 . Borisov A. V., Malygin A. Ya., Mulukaev R. S. History of the Soviet militia: monograph / Ed. by Doctor of Law, Professor R. S. Mulukaev. – M.: Academy of Management of the Ministry of Internal Affairs of Russia, 2015. – P. 173-175.
5. Actual problems of the history of internal affairs bodies: a textbook / A. V. Borisov et al. – M.: Academy of Management of the Ministry of Internal Affairs of Russia, 2019. – P. 67-69.
HISTORY OF THE STATE AND LAW
KARTAMYSHEVA Olga Evgenjevna
Ph.D. in Law, associate professor of Law sub-faculty of the Azov State Pedagogical University
THE MECHANISM OF PROTECTION OF THE CONSTITUTIONAL RIGHTS AND FREEDOMS OF RUSSIAN CITIZENS: ANALYSIS OF THE PROBLEMS OF FUNCTIONING
The problems of protecting the constitutional rights and freedoms of Russian citizens. The Russian Federation has a mechanism for protecting the constitutional rights and freedoms of citizens, but the effectiveness of its functioning causes a lot of discussion. The purpose of the article is to study the peculiarities of the functioning of the legal system that has formed the function of protecting and protecting the constitutional rights of Russian citizens. The reliability and validity of the obtained research results is ensured by the theoretical analysis of scientific literature, the formal legal method, the analysis of legislation and structural and functional analysis. Based on the opinions of the research, the main areas where problems of constitutional protection of the rights and freedoms of Russian citizens are observed are systematized. It has been established that the dysfunction of legislation or its violation, the insufficient level of competence and mistakes of public officials are key factors that negatively affect the operation of the mechanism for the protection of rights and freedoms.
Keywords: constitutional rights, protection mechanism, judicial protection, legal relations, legality.
Article bibliography
1. Gerasimova N. R., Gadeeva A. E. Gaps in law and ways to eliminate them // Social and political sciences. – 2012. – No. 2. – P. 74-75.
2. The housing department of Novy Urengoy violated the rights of citizens / Federal press. – [Electronic resource]. – Access mode: https://fedpress.ru/news/russia/realty/397389 (date of access: 07/08/2024).
3. Kolosova N. M. Direct effect of the Constitution of the Russian Federation and the restriction of constitutional rights and freedoms of man and a citizen in the context of judicial practice // Journal of Russian Law. – 2019. – No. 8. – P. 36-47.
4. “The Constitution of the Russian Federation” (adopted by popular vote on 12.12.1993 with amendments approved during the all-Russian voting 01.07.2020) // SPS Consultant. – [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_28399/ (date of access: 14.07.2024).
5. Kostyleva L. V. Inequality of the population of Russia: trends, factors, regulation: monograph // Problems of territorial development. – Vologda: Institute of socio-economic development of territories of the Russian Academy of Sciences, 2011. – 223 p.
6. Mamatkazin I. R. Issues of structural and functional analysis in the law of social security // Russian law: education, practice, science . – 2021. – No. 6. – P. 19-31.
7. Neretin N. N. On the issue of the right of the accused to defense in criminal proceedings in Russia // Weightof the Orenburg State University. – 2009. – No. 3. – P. 93-95.
8. Pakhomov I. Free legal aid for the population will soon appear in the regions // Rossiyskaya Gazeta. – [Electronic resource]. – https://rg.ru/2007/03/15/uristi-narod.html (date of access: 02/08/2023).
9. The prosecutor’s office helped a disabled person collect compensation for violation of housing rights / Vesti Yamal. – [Electronic resource]. – Access mode: https://vesti-yamal.ru/ru/vjesti_jamal/prokuratura_pomogla_invalidu_vzyskat_kompensaciyu_za_narushenie_zhilishnykh_prav/ (date of access: 07/08/2024).
10. Judicial practice under Article 42 of the Constitution of the Russian Federation / Legal navigation system “Codes and Laws”. – [Electronic resource]. – Access mode: https://www.zakonrf.info/konstitucia/42/ (date of access: 02/08/2023).
11. “Labor Code of the Russian Federation” dated 12/30/2001 No. 197-FZ (as amended on 04/06/2024) // SPS Consultant. – [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_34683/7f8acd733d80fa84f4dc564ccab05236ba2ce1f9/ (date of access: 07.14.2024).
HISTORY OF STATE AND LAW
KAVALERYAN Artyom Karenovich
graduate of the Bachelor’s and Master’s degrees of the National Institute “Higher School of Economics”, postgraduate student of Administrative law sub-faculty of the O. E. Kutafin Moscow State Law University (MSLA), a publicist, an aspiring screenwriter and film producer
ISSUES OF THE PRE-REVOLUTIONARY AND SOVIET PERIOD IN THE ADMINISTRATIVE AND LEGAL REGULATION OF THE STATE MANAGEMENT OF THE CINEMA SPHERE
This article is a very first attempt at investigating the legal aspects of the formation of the institution of state regulation of the sphere of cinematography in Russia, its origin in the pre-revolutionary and development in the Soviet period, in order to generalize domestic practices and further improve the domestic legal system.
>Keywords: legal regulation, cinema, establishment of the institution, national legislation, law history.
Bibliographic list of articles
1. Tsivian Yuri. Censure Bans on Religious Subjects in Russian Film / F. Cosandey, A. Gaudreault and T. Gunning (eds.) // Une Unvention du diable? Cinema des premiers temps et religion. — An Invention of the Devil Religion and Early Cinema, Sainte-Foy. – Lausanne, 1992. – P. 71-80.
2. Drubek N. The Birth of Cinema in the Russian Empire and Film Censorship // Vestnik VGIK. – 2018. – No. 1. – P. 8-19.
3. Fedyuk A. V. Soviet System of Film Production and Distribution in the 1920s-1930s: diss. – Institute of History of the Siberian Branch of the Russian Academy of Sciences, 2009.
4. Serdyukov D. L. State Regulation of Cinematography of the Russian Federation in Historical Dynamics // Petersburg Economic Journal. – 2015. – No. 1. – P. 129-132.
5. Yudin K. A. Soviet film policy of the second half of the 1950s – late 1970s // The latest history of Russia. – 2022. – V. 12. No. 3. – P. 752-773.
CONSTITUTIONAL LAW
GABIEVA Siyasat Magomedovna
Ph.D. in Law, associate professor, associate professor of Constitutional and international law sub-faculty of the Dagestan State University, Makhachkala
GADZHIEVA Saida Ilyasovna
magister student of Constitutional and international law sub-faculty of the Dagestan State University, Makhachkala
THE PRINCIPLE OF SEPARATION AND INTERACTION OF POWERS IN THE SYSTEM OF RUSSIAN CONSTITUTIONALISM
The article examines the problem of implementing the principle of separation and interaction of powers in Russia . The purpose of the article is the features and main problems of implementing this principle. The main research methods are formal legal, comparative legal, and method of analysis. It is said that the principle of separation of powers is enshrined in Article 10 of the Russian Constitution. It is one of the basic principles of the constitutional system. Attention is focused on the changes introduced by the 2020 amendments to the process of implementing this principle. The result of the study was the conclusion that the Constitution of the Russian Federation, after amendments were made in 2020, strengthened the position of the executive branch, further weakening the judicial and legislative branches of the government, using them as a tool to achieve certain political goals, thereby destroying the principle of separation of powers and its significance and essence.
Keywords: state, power, society, the principle of separation and interaction of powers, constitutionalism.
Article bibliography
1. Antonenko T. A., Milyavskaya Yu. V. Dynamics of the implementation of the principle of separation of powers in the context of studying the constitutional reform of 2020 in the Russian Federation // Science and education: economy and economics; entrepreneurship ; law and management. – 2021. – No. 3 (130). – P. 68-70.
2. Volodina S. V. On the application of the principle of trust in the constitutional model of separation of powers in the Russian Federation // Bulletin of the O. E. Kutafin University (MSAL). – 2023. – No. 12 (112). – P. 115 -123.
3. Damirova K. R. Constitutional and legal foundations of interaction in the system of state power of the Russian Federation // Innovations. Science. Education. – 2021. – No. 40. – P. 71-79.
4 . Ismailova H. Ch., Magdilov M. M. Modern problems of implementing the principle of separation of powers in the Russian Federation // Bulletin of the Dagestan State University. Ser. 3: Social Sciences. – 2021. – Vol. 36. No. 3. – P. 75- 81.
5. Komandjaev E. A., Adyaeva B. A. Problems of implementing the principle of separation of powers in Russia / Badgaeva V. B., Shalkhakova D. S. and [others] // Issues of Russian and International Law. – 2022 . – V. 12. No. 6a. – P. 42-51.
6. Komarova V. V. Constitutional reform of 2020 in Russia (some aspects) // Actual problems of Russian law. – 2020. – No. 8 (117). – P. 22-31.
7. Pasternak A. M. Constitutional foundations of the principle of separation of powers in the Russian Federation at the present stage // International scientific journal “Bulletin of Science”. – 2023. – No. 7 (64) . T. 2. – P. 109-113.
8. Samyshin A. V. Implementation of the principle of separation of powers in the mechanism of the modern Russian state // Bulletin of Science. – 2022. – T. 2. No. 11 (56). – P. 160-166.
9. Yagafarova A. A. Interaction of government bodies and society in the implementation of the principle of separation of powers // Bulletin of the Institute of Law of the Bashkir State University. – 2023. – No. 4 (20). – P. 47 -53.
10. Napalkova I. G. The constitutional principle of separation of powers as a factor in the formation and development of Russian constitutionalism // Jurist-Pravoved. – 2020. – No. 3 (94). – pp. 199-203.
CONSTITUTIONAL LAW
NARTIKOV GeorgIy Albertovich
postgraduate student of the K. L. Khetagurov North Ossetian State University, Vladikavkaz
GATSOLAEVA Aleftina Khadzibekirovna
Ph.D. in Law, associate professor of Theory and history of state and law sub-faculty of the K. L. Khetagurov North Ossetian State University, Vladikavkaz
FEATURES OF THE IMPLEMENTATION OF THE CONSTITUTIONAL RIGHT OF CITIZENS TO APPEAL TO THE JUDICIAL AUTHORITIES AS A PUBLIC AUTHORITY IN THE RUSSIAN FEDERATION
The article examines the specifics of the implementation of constitutional law in the context of social transformations and the specifics of citizens’ interaction with public authorities. Using the example of the territorial bodies of justice, the existing legal system of citizens’ implementation of constitutional law by sending appeals is considered. The measures recommended proposed in the scientific community to optimize the constitutional law implemented by citizens of the Russian Federation, including in terms of advantages and disadvantages, have been studied. A different approach is proposed by systematizing the approach of territorial judicial authorities to processing citizens’ appeals, taking into account the possibility of using artificial intelligence, dividing civil servants into performing professional duties within a wide and narrow profile, involving other relevant departments and implementing elements of case law as a basis for forming proposals related to constitutional law for consideration by the State Duma of the Russian Federation.
Keywords: constitutional law, citizen, appeal, judicial body, public authority.
Article bibliography
1. Antonova N. V., Kim A. V. Development of administrative functions of territorial justice bodies in modern Russia // Bulletin of Moscow State Pedagogical Univ. Series: Legal Sciences. – 2019. – No. 1 (33). – P. 31-37.
2. Zmievsky D. V., Pavlov S. Yu. Features of the implementation of the constitutional right to receive free legal aid in the Chuvash Republic // Bulletin of the RUK. – 2016. – No. 1 (23). – P. 110-112.
3. Is there case law in Russia? // Advocate newspaper. – [Electronic resource]. – Access mode: https://www.advgazeta.ru/novosti/est-li-v-rossii-pretsedentnoe-pravo/?ysclid=lut2t0anvt566861503 (date of access: 10.04.2024).
4. Idrisova A. R. Activities of the Ministry of Justice at the level of a constituent entity of the Russian Federation: some problems and solutions // Issues of Russian justice. – 2021. – No. 15. – P. 41-49.
5. Nefedyeva E. A. Implementation of the constitutional right to judicial protection in Buryatia during the introduction of the lawyer monopoly // Education and Law. – 2022. – P. 4-14.
6. Reviews of citizens’ appeals // Ministry of Justice of the Russian Federation. – [Electronic resource]. – Access mode: https://minjust.gov.ru/ru/appeals/letters/ (date of access: 10.04.2024).
7. The procedure for submitting bills to the State Duma and their preliminary consideration // State Duma of the Federal Assembly of the Russian Federation. – [Electronic resource]. – Access mode: http://duma.gov.ru/duma/about/regulations/chapter-12/ (date of access: 10.04.2024).
8. Procedure for handling appeals from citizens and organizations, reception of citizens // Judicial and regulatory acts of the Russian Federation. – [Electronic resource]. – Access mode: https://sudact.ru/law/prikaz-miniusta-rossii-ot-02082023-n-207/reglament-ministerstva-iustitsii-rossiiskoi-federatsii/xiii/?ysclid=luszdqxk9d64687498 (date of access: 10.04.2024).
9. Decree of the President of the Russian Federation of 13.01.2023 No. 10 “Questions of the Ministry of Justice of the Russian Federation” // Federal Bailiff Service. – [Electronic resource]. – Access mode: https://fssp.gov.ru/storage/fssp_legacy/fssp/db/files/00npa2023/ukaz_prf_10_polozhenie_o_mjust_20231231110.pdf (date of access: 10.04.2024).
CONSTITUTIONAL LAW
NOVOPAVLOVSKAYA Elena Evgenjevna
Ph.D. in Law, associate professor, associate professor of State and municipal management sub-faculty of the S. P. Korolev Samara National Research University
ISSUES OF LEGISLATIVE SUPPORT OF THE ELECTORAL PROCESS IN THE RUSSIAN FEDERATION (BASED ON FOREIGN EXPERIENCE)
The article examines the issues of legislative support for the electoral process in the Russian Federation, which arose in connection with the complicated structure of electoral legislation and insufficiently effective law enforcement. The inadmissibility of borrowing the experience of individual states in terms of involving bodies of constitutional jurisdiction in the regulatory legal support of the electoral process is substantiated. It is stated that in order to improve the quality of the regulatory legal regulation of the electoral process in the Russian Federation, it seems advisable to codify the relevant legal norms. The proposed approach to the structure of the Electoral Code of the Russian Federation will significantly stabilize the legislative support of the electoral process and simplify law enforcement.
Keywords: electoral process; codification; Electoral Code; foreign experience.
Article bibliography
1. Bosova E. N. Electoral Code of the Russian Federation: reserves and risks of systematization // Electoral legislation and practice. – 2019. – No. 2. – P. 8-14.
2. Vinogradov V. A. Codification of electoral legislation is a topical issue // Citizen. Elections. Power. – 2016. – No. 4. – P. 43-46.
3. Israelyan V. B. Features of judicial protection of electoral rights of citizens in the Russian Federation: dissert. … Cand. of Law. – M., 2004. – 242 p.
4. Kudryashov E. O. Instead of the Electoral Code of the Russian Federation // Law and Politics. – 2023. – No. 2. – P. 10-19.
5. UN Human Rights Council, Report of the Special Rapporteur on the independence of judges and lawyers, Diego García-Sayán, 9 June 2017, A/HRC/35/31. [Electronic resource]. – Access mode: https://documents-dds-ny.un.org/doc/UNDOC/GEN/G17/159/85/PDF/G1715985.pdf.
CONSTITUTIONAL LAW
BOGUSLAVSKAYA Natalya Aronovna Ph.D in Law, associate professor, associate professor of State and legal disciplines sub-faculty of the Far Eastern branch of the Russian State University of Justice, Khabarovsk
THE PRINCIPLE OF CONSTITUTIONAL IDENTITY WITHIN THE FRAMEWORK OF THE PROTECTION OF TRADITIONAL VALUES
The article examines the concept and features of the principle of constitutional identity, notes the role of the Constitutional Court of the Russian Federation in enshrining and implementing this principle in law enforcement practice, identifies threats to traditional values, analyzes changes in legislation aimed at protecting traditional values within the framework of implementing the principle of constitutional identity, and proposes directions for improving legislation in order to ensure the protection of traditional values.
Keywords: principle of constitutional identity, constitutionally significant values, traditional values, foundations of constitutional order, threat to national security.
Article bibliography
1. Berdnikova E. V., Kulikova S. A. Political and legal mechanisms for the formation of Russian constitutional identity in the context of the information society // News of the Saratov University. New series. Series : Economy. Management. Law. – 2023. – Vol. 23. Issue 4. – P. 460-470.
2. Belosludtsev O. S. Constitutional identity in the doctrine of constitutional law and the practice of constitutional justice bodies: Abstract. diss. … candidate of legal sciences. – Kazan, 2022. – 23 p.
3. Anichkin E. S., Ryakhovskaya T. I. “Constitutional identity”: on the issue of specifying the term // Bulletin of Tomsk State University. – 2019. – No. 446. – P. 196-201.
4. Gadzhiev G. A. Constitutional identity and human rights in Russia. [Electronic resource]. – Access mode: https://ksrf.ru/ru/News/Documents/report_%D0%93%D0%B0%D0%B4%D0%B6%D0%B8%D0%B5%D0%B2%20_2016. pdf (date accessed: 02.07.2024).
5. Speech by the Chairman of the Constitutional Court of the Russian Federation V.D. Zorkin “Constitutional identity of Russia: doctrine and practice”. [Electronic resource]. – Access mode: https://ksrf.ru/ru/News/Speech/Pages/ViewItem.aspx?ParamId=82 (date of access: 02.07.2024).
CONSTITUTIONAL LAW
OMAROV Hamid Arsenovich
master student of the 2nd course 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
EVOLUTION OF CONSTITUTIONAL AND LEGAL REGULATION OF THE CONSTITUTIONAL SYSTEM IN THE BASIC LAWS OF RUSSIA
This article examines the evolution of the constitutional and legal regulation of the constitutional system in Russia since 1917, and also analyzes the current changes taking place in the Constitution of the Russian Federation of 1993. The authors consider a long period, key stages of the evolution of the foundations of the constitutional system in the basic laws of the Russian state. Historical, political and social factors that influenced the formation of the basic laws of the country are analyzed. Particular attention is paid to modern challenges and prospects for the development of constitutional law in Russia, the main amendments of 2020 to the Constitution of the Russian Federation are considered. With regard to the amendments of 2020, it is concluded that the changes contribute to strengthening the Russian state, developing the integrity and sovereignty of the country. The first part of the article is theoretical and overview. Briefly, but in a sufficiently meaningful form, it presents various points of view on the concept and essence of the constitutional system of the Russian Federation, proposed by modern researchers. The regulatory framework governing legal relations in this area is considered. The second part of the article is devoted to practical issues of improving the constitutional system of the Russian Federation. The author explores the evolution of the consolidation of the foundations of the constitutional system in the basic laws of Russia, and also examines the main constitutional amendments of 2020, and changes in Russian legislation.
Keywords: Constitution of the RSFSR, dictatorship of the proletariat, democracy, revolution, class struggle, government, state.
Article bibliographic list
1. Agafonov M. V. Theoretical and legal aspects of the formation and development of the principle of priority of human and civil rights and freedoms // Bulletin of the Ural Law InstituteInstitute of the Ministry of Internal Affairs of Russia. – 2020. – No. 1 (25). – P. 57-63.
2. Avakyan S. A. Constitutional Law of Russia: Textbook: [in 2 volumes] Volume 1. – M .: Norma, Infra – M, 2022. – 864 p.
3. Bredikhin A. L., Gonchar A. A. “The Constitution of Victorious Socialism” of 1936 in the Political System of the Soviet State // Law and Right. – 2022. – No. 6. – P. 17-23.
4. Kozlova E. I. Constitutional Law of Russia: textbook / O. E. Kutafin; Moscow State Law University named after O. E. Kutafin (MSAL); E. I. Kozlova. – Moscow: Prospect, 2020. – 578 p.
5. Malysheva K. V. Constitution of the RSFSR of 1918 and the Constitution of the RSFSR of 1978: comparative characteristics // State and Law: evolution, current state, development prospects (for the 100th anniversary of the formation of the USSR): Proceedings of the XIX international scientific and theoretical conference. In 2 parts, St. Petersburg, April 28-29, 2022 / Edited by N. S. Nizhnik, compiled by N. S. Nizhnik, E. N. Kozinnikova. Volume Part II. – St. Petersburg: St. Petersburg University of the Ministry of Internal Affairs of the Russian Federation, 2022. – Pp. 281-285.
6. Moiseev S. V. Constitution of the socialist type (USSR Constitution of 1977) // Altai Legal Bulletin. – 2023. – No. 2 (42). – P. 76-82.
7. Pashentsev D. A. The Constitution of the RSFSR of 1918 as a monument of the revolutionary era (On the 100th anniversary of the first Russian Constitution) // State and Law. – 2018. – No. 11. – P. 90-96.
8. Pushkarev E. A. Development of the concept of sovereign democracy in Russia: theoretical analysis // Philosophy of Law. – 2021. – No. 2 (97). – P. 61-66.
9. Stepanova E. A. Form of government in modern Russia in the context of amendments to the Constitution of the Russian Federation of 2020 // Young scientist. – 2022. – No. 15 (410). – P. 324-329.
10. Shubin A. V. Constitution of the RSFSR 1918 // Russian Historical Encyclopedia. Volume 9. – Moscow: Education: Arbis, 2020. – P. 285-288.
CONSTITUTIONAL LAW
SAIDOV Khalil Akhmedovich
magister student of the 1st year of correspondence studies of the Institute of Law of the Dagestan State University, Makhachkala
NIMATULAEVA Ravzanat Abdulzagirovna
Ph.D. in Law, associate professor of Constitutional and international law sub-faculty of the Dagestan State University, Makhachkala
THE CONSTITUTIONAL PRINCIPLE OF SEPARATION OF POWERS AND ANTI-CORRUPTION ISSUES
The scientific article is devoted to the study of the importance of constitutional principles in the law enforcement activities of the Russian Federation. The article examines the essence and role of the basic constitutional principles, such as the principle of the rule of law, the principle of separation of powers and the principle of inviolability of the constitutional system. The authors analyze the historical context of the formation of these principles, their relationship with international norms of law, as well as their importance for ensuring stability, legality and justice in public administration. Special attention is paid to the practical application of constitutional principles by courts and other judicial bodies, their role in ensuring respect for the rights and freedoms of citizens, as well as ensuring the effective functioning of the rule of law.
Keywords: separation of powers, corruption, anti-corruption policy, judicial independence, public control, legal culture, international cooperation.
Article bibliography
1. Aleshkova I. A. Concept and features of the principles of constitutional law // Law and state: theory and practice. – 2019. – No. 4 (172). – P. 27-33.
2. Galiy E. A., Borisevich M. G. Corruption in government bodies of the Russian Federation // Actual problems of science and technology: Collection of scientific articles based on the materials of the X International scientific and practical conference. In 2 parts, Ufa, February 10, 2023. Volume Part 2. – Ufa: Limited Liability Company “Scientific Publishing Center” Vestnik Nauki “, 2023. – P. 32-40.
3. Osavelyuk E. A. Principles of constitutional law: concept and types // Bulletin of economic security. – 2021. – No. 6. – P. 132-136.
4. Olkhovskaya V. E. Principles of combating corruption: concept, purpose, classification // December legal readings. Almanac of lectures: Materials of regional (interuniversity) scientific and practical conferences, Krasnoyarsk, December 01-08, 2020. Volume Issue 2. – Krasnoyarsk: Krasnoyarsk State Agrarian University, 2020. – P. 97-100.
5. Filatov V. D., Smolyanova I. V. Combating corruption in the system of state and municipal administration // Development of science and practice in a globally changing world in the face of risks: Collection of materials of the XII international scientific and practical conference (code – MKRNP), Moscow, July 22, 2022. – Moscow: Publishing house “OOO” IROK “; Limited Liability Company “Publishing house ALEF”, 2022. – P. 399-407.
CONSTITUTIONAL LAW
THAROVSKAYA Olga Yurjevna
lecturer of Special disciplines sub-faculty of the Krasnodar University of the MIA of Russia
MALTSEVA Elena Valerjevna
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Volzhskiy branch of the International Law Institute
RUSSU Oksana Dmitrievna
Ph.D. in philosophical sciences, associate professor of General humanitarian disciplines sub-faculty of the Volzhskiy branch of the International Law Institute
THE STATE AND THE FAMILY: THE LEGAL FOUNDATIONS OF INTERACTION AND THEIR IMPLEMENTATION
The article draws attention to the need for a more detailed study of the features of interaction between the state and the family in Russia at the present stage. Of particular interest are the provisions of civil and family legislation, which consolidate the basis for such interaction and determine the strategy of state development, in which the family is designated as an important socio -cultural element of modern Russian society.
Keywords: state, family, interaction, motherhood, state support, cash payment, allowance, large family, children.
Article bibliography
1. Baryshnikova T. Yu. Maternity capital as a special type of social security: family-law and civil-law aspects // Bulletin of labor law and social security law. – 2010. – No. 5. – P. 52-64.
2. Tkachenko A. V. Bogatova E. V. Protection of motherhood and childhood, family as an element of state family policy // Social, economic and humanitarian journal of Krasnoyarsk State Agrarian University. – 2021. – No. 2. – P. 47-53.
3. Analytical data on the amounts and directions of spending maternity (family) capital in the constituent entities of the Russian Federation // Maternity capital.ru. [Electronic resource]. – Access mode : https://materinskij-kapital.ru/region/ (date accessed: 10/31/2023).
4. Bobrakova N. V., Sukhomlinova L. A., Tkharovskaya O. Yu. Features of the exercise of parental rights by minor parents // Leningrad Law Journal. – 2020. – No. 3 (61). – P. 96-108.
5. Tkharovskaya O. Yu. Maternal (family) capital: myth or reality? // In the collection: Actual problems law and law enforcement activities at the present stage. Proceedings of the international scientific and practical conference. – Krasnodar University of the Ministry of Internal Affairs of Russia, Novorossiysk branch of the Krasnodar University of the Ministry of Internal Affairs of Russia, OOO “Publishing House – Yug”. – 2012. – P. 330-334.
References:
1. Baryshnikova T. Yu. Maternity capital as a special type of social security: family law and civil law aspects // Bulletin of Labor Law and Social Security Law. – 2010. – No. 5. – Pp. 52- 64.
2. Tkachenko A. V. Bogatova E. V. Protection of motherhood and childhood, family as an element of state family policy // Socio-economic and Humanitarian Journal of the Krasnoyarsk State Agrarian University. – 2021. – No. 2. – Pp . 47-53.
3. Analytical data on the amounts and directions of expenditure of maternal (family) capital in the subjects of the Russian Federation. [Electronic resource]. – Access mode: https://materinskij-kapital.ru/region / (accessed: 10.31.2023).
4. Features of the exercise of parental rights by minor parents // Leningrad Law Journal. – 2020. – No. 3 (61). – Pp. 96-108.
5. Tharovskaya O. Yu. Maternal (family) capital: myth or reality? // In the collection: Current problems of law and law enforcement at the present stage. Materials of the international scientific and practical conference. Krasnodar University of the Ministry of Internal Affairs of Russia, Novorossiysk branch of Krasnodar University of the Ministry of Internal Affairs of Russia, Publishing House – Yug LLC. – 2012. – Pp. 330-334.
ADMINISTRATIVE LAW
VASILJEV Alexey Alexandrovich
Ph.D. in Law, associate professor of Prosecutorial supervision and criminology sub-faculty of the Saratov State Law Academy, Deputy of the Saratov Interdistrict Environmental Prosecutor of the Volga’s Interregional Environmental Prosecutor’s Office, counselor of justice
ISAEV Ilya Denisovich student of the Institute of Public Prosecutor’s Office of Saratov State Law Academy
ON THE ISSUE OF ILLEGAL PLACEMENT OF CAPITAL CONSTRUCTION FACILITIES ON WATER BODIES
The article deals with the problem of illegal placement of capital construction facilities on water bodies. The authors analyze the legislative norms and requirements related to the protection of water resources and land use in water protection zones. Special attention is paid to possible ways to solve the problem. Cases of illegal construction of shore protection structures and private piers are discussed, which leads to a decrease in the water area of water bodies. The study also highlights the importance of improving legal regulation and monitoring to prevent such violations and protect water resources.
Keywords: hydraulic structures, water bodies, land plots, shoreline, lands of the water fund.
Article bibliography
1. Shupletsova Yu. I. Certain features of the legal regime of the coastal strip // Property relations in the Russian Federation. – 2021. – No. 11 (242).
2. Amashukeli S. A. Environmental and legal significance of the implementation of the principle of the relationship of water bodies and hydraulic structures that form the water management system (based on the analysis of judicial practice) // Actual problems of Russian law. – 2022. – No. 8 (141).
ADMINISTRATIVE LAW
KERAMOVA Saida Nazirovna
senior lecturer of administrative and financial law sub-faculty of the Dagestan State University, Makhachkala
DADAEVA Malika
magister student of Civil law sub-faculty of the Dagestan State University, Makhachkala
THE PLACE AND ROLE OF THE FEDERAL TREASURY IN THE SYSTEM OF STATE FINANCIAL CONTROL BODIES
The article examines the place and role of the Federal Treasury in the system of state financial control. It is said that financial control over public expenditures should be considered an important area of activity of the Federal Treasury. The regulatory framework for internal state financial control and the main functions of the Russian Treasury for the implementation of state financial control are reflected. The main directions and methods of implementing financial control are considered. Some problems arising in the activities of the Russian Treasury are listed. Measures are proposed to improve its effectiveness. In conclusion, the following conclusions are made: The Federal Treasury, playing a significant role in the Russian financial system, exercises internal state financial control and directs its efforts to improve financial control methods, thereby creating a reliable information base for making management decisions.
Keywords: Federal Treasury, Constitution of the Russian Federation, state financial control bodies, financial system, budget code of the Russian Federation.
Article bibliographic list
1. Abasova M. A. Federal of the Treasury in the budget process // Trends in the development of science and education. – 2021. – No. 79-3. – P. 6-9.
2. Belyanskaya O. V., Shepeleva D. V. Features of expression and implementation of the principles of budgetary control // Legal Bulletin. – 2019. – Vol. 4. No. 2. – P. 7-14.
3. Voronenko E. V. Federal Treasury as a body for managing and controlling public expenditure: legal aspects // Essays on the latest cameralistics. – 2023. – No. 1. – P. 2-6.
4. Zemlyanskaya N. I. Public expenditures as a concept of financial and legal science // Bulletin of the University named after O. E. Kutafin. – 2017. – No. 8. – P. 49-55.
5. Marinich Yu. V. Functions of the Treasury in the System of State Executive Authorities // Trade and Market. – 2022. – Vol. 2. No. 4-1 (64). – P. 133-139.
6. Musaev N. M. Federal Treasury as a Subject of Internal State Financial Control of the Russian Federation (on the Example of the Federal Treasury Administration for the Nizhny Novgorod Region) // Bulletin of the Nizhny Novgorod Institute of Management. – 2023. – No. 2 (68). – P. 17-28.
7. Stepashkina E. N., Kozlov A. S. Legal Problems of Financial Control (on the Example of the Federal Treasury Bodies of the Russian Federation) // Contentus. – 2023. – No. 1. – P. 97-106.
8. Fatkhutdinov A. R. Place and role of the Federal Treasury in the system of state financial control // Modern trends in economics and management: a new look. – 2015. – P. 98-101.
9. Simko N. N. Financial system of the Russian Federation: place and role of the Federal Treasury as an internal state financial control body // Research of young scientists: materials of the X International scientific conference (Kazan, May 2020). – Kazan: Young scientist, 2020. – P. 33-41.
ADMINISTRATIVE LAW
MIFTAKHOV Renat Lenarovich
Ph.D. in Law, associate professor, associate professor of State and legal disciplines sub-faculty of the Kazan branch of the Russian State University of Justice
RAKHMATULLINA Renata Maratovna
student of the Faculty for Training Specialists for the Judiciary (faculty of law) of the Kazan branch of the Russian State University of Justice
NOVELTIES OF ADMINISTRATIVE AND LEGAL REGULATION OF INTERNET SING IN RUSSIA
The article analyzes the novelties of administrative and legal regulation of advertising activities in Russia, introduced by Federal Law No. 347-FZ of July 2, 2021. The goals andobjectives of making changes are disclosed, the main innovations are investigated and their impact on the effectiveness of the advertising market is assessed.
The article considers, among other issues: strengthening control over the advertising market by the FAS of Russia; improving the quality and reliability of advertising information received by consumers; reducing risks to consumers from unfair advertising, etc. The application of the new standards will minimize the negative consequences of unfair advertising and improve the conditions for the development of fair competition.
Keywords:Advertising labeling, online advertising, advertiser, advertising distributor, advertising data operator, administrative and legal regulation, administrative responsibility.
Article bibliographic list
1. Shuvalova M. Labeling advertising on the Internet: latest clarifications. – [Electronic resource]. – Access mode: https://www.garant.ru/article/1660666/ (date of access: 05/28/2024).
2. Chumakova P. E. Advertising labeling: importance, rules and modern standards // Young scientist . – 2023. – No. 40 (487). – P. 288-291.
3. Sysoeva E. A. Domestic Internet advertising market after the introduction of the labeling system // Competence. – 2022. – No. 8. – P. . 10-14.
4. Vyrostkova A. A. Law on labeling advertising on the Internet and its impact on the market // Modern trends in management, economics and finance in the era of digitalization: Collection of articles based on the results of the XIX All-Russian scientific and practical conference of students , master’s students, postgraduate students with international participation, Chelyabinsk, March 15, 2023. – Chelyabinsk: Pero Publishing House, 2023. – P. 305-309.
5. Burlaka S. N. Problems of legal regulation of advertising on the Internet // Notes of a scientist. – 2022. – No. 9. – P. 231- 234.
6. Seidvalieva A. R. New law on labeling advertising on the Internet // Eurasian Advocacy. – 2023. – No. 6 (65). – pp. 44-45.
ADMINISTRATIVE LAW
MOROZOV Sergey Andreevich
assistant of Administrative and financial law sub-faculty of the Faculty of Law of the N. I. Lobachevsky National Research Nizhny Novgorod State University
FUNCTIONS OF ADMINISTRATIVE CONTROL AND SUPERVISORY PROCEDURES
In this article, the author examines the role of administrative control and supervisory procedures, focusing on their main functions. Various functions are considered, including ensuring legality, reducing administrative discretion, minimizing corruption risks, protecting the rights and freedoms of citizens and organizations, as well as resolving administrative and legal disputes. It is emphasized that control and supervision procedures contribute to the formation of open and effective public administration, ensure compliance with legal norms and contribute to the protection of the rights of citizens and organizations.
Keywords: functions , administrative procedures, administrative control and supervision procedures, legality, combating corruption, administrative discretion.
Article bibliography
1. Martynov A. V. Administrative supervision in Russia: theoretical foundations of construction: monograph / Ed. by Yu. N. Starilov. – M.: UNITY-DANA: Law and Right, 2017. – 183 p.
2. Morozova L. A. Theory of State and Law: textbook. – 6th ed., revised and enlarged. — Moscow: Norma: INFRA-M, 2024. — 464 p.
3. Nozdrachev A. F. Legal regulation of state control. – Moscow: NITs INFRA-M, 2012. – 480 p.
4. General theory of law. Lecture course [Text] / Under the general editorship: Babaev V.K. – Nizhny Novgorod: Publishing House Nizhegorod. Higher School of the Ministry of Internal Affairs of the Russian Federation, 1993. – 544 p.
5. Radko T.N. Concept and characteristics of the functions of law // Bulletin of the Academy of Law and Management. – 2016. – No. 3 (44). – P. 22-30.
6. Rossinsky B. V., Starilov Yu. N. Administrative Law: Textbook for Universities. – 4th ed., revised. and add. – Moscow: Norma: INFRA-M, 2010. – 928 p.
7. Rossinsky B.V., Starilov Yu.N. Administrative law: textbook [Text]. – 6th ed., revision. – Moscow: Norma: INFRA-M, 2020. – 640 p.
8. Tsyganov V.I. Theory of state and law: abstracts of lectures. – Nizhny Novgorod: Nizhny Novgorod State University named after. N. I. Lobachevsky, 2015. – 219 p.
ADMINISTRATIVE LAW
CHERENKOVA Polina Alexandrovna
procurement specialist
YAKUNIN Dmitriy Vladimirovich
Ph.D. in Law, associate professor, associate professor of State and legal disciplines sub-faculty of the Far-Eastern branch of the Russian State University of Justice, Khabarovsk, Chairman of the Public Council of the State Order Committee of the Government of the Khabarovsk Territory
THE PROBLEM OF THE BALANCE OF INTERESTS IN THE IMPLEMENTATION OF THE MECHANISM OF UNILATERAL REFUSAL OF THE CUSTOMER TO EXECUTE THE STATE (MUNICIPAL) CONTRACT
The article considers the problem of implementing the mechanism of unilateral refusal of the customer to execute the state (municipal) contract. The study analyzed the possibility of unmotivated unilateral refusals by unfair customers from contract enforcement and abuse of the right. Using the example of a specific situation, typical mistakes of the customer when exercising their right to unilateral refusal to fulfill the contract are revealed. It is noted that the legality of a unilateral refusal to execute a contract is determined by both the presence of legal grounds and compliance with the established procedure.
Keywords: contract system, purchases, one-sided refuse of customer, founding of one-sided refuse, unilateral cancellation of the agreement, unfair customer.
ADMINISTRATIVE LAW
TSAPINA Veronika Andreevna
student of the 2nd course of the Faculty of Law of the Kuban State Agrarian University, Krasnodar
KURBANOV Alexey Vadimovich
student of the 2nd course of the Faculty of Law of the Kuban State Agrarian University, Krasnodar
KHACHATRYAN Artyom Eremovich
student of the 2nd course of the Faculty of Law of the Kuban State Agrarian University, Krasnodar
CHERNOV Yuriy Ivanovich
Ph.D. in Law, associate professor of Administrative and financial law sub-faculty of the Kuban State Agrarian University, Krasnodar
MINORS AS SUBJECTS OF ADMINISTRATIVE RESPONSIBILITY
The author is devoted to this study to the study of changes in the nature of administrative offenses committed by minors. The law enforcement practice and statistics are analyzed, indicating an increase in the number of offenses by minors, including acts of violence and aggression. The author suggests ways to solve the identified problems and discusses the limitations of the powers of commissions on juvenile affairs. This article presents an important study of current trends in the field of administrative responsibility of minors and possible changes in legislation.
Keywords: administrative law, administrative responsibility, minors, administrative offense, legal status, types of administrative penalties.
Article bibliographic list
1. Soldatov A. P., Bratanovsky S. N. Administrative liability of minors in Russia: issues of theory and practice // Works of the Academy of Management of the Ministry of Internal Affairs of Russia . – 2022. – No. 3 (63). – P. 52-61.
2. Powers of the prosecutor in proceedings on administrative offenses in the Russian Federation [Text]: theory and practice: [monograph] / [Melekhin A . V. et al.]; Acad. of the Prosecutor General’s Office of the Russian Federation, Research Institute. – Moscow: Prospect, 2016. – 351 p.
3. Manukyan A. M. The system of public administration of education in Russia // Forum of young scientists. – 2019. – No. 11 (39). – P. 267-272.
4. Vasilyeva Ya. V. Administrative and jurisdictional powers of commissions on minors and protection of their rights and their role in the prevention of crimes and other offenses of minors // Penitentiary science. – 2016. – No. 3 (35). – P. 34-39.
5. Antonova L. B. Problems of appointment of administrative punishments // Bulletin of the VI Ministry of Internal Affairs of Russia. – 2015. – No. 2. – P. 75-78.
6. Kikot V. Ya., Kononov P. I., Kilyaskhanov I. Sh. Administrative law of Russia: a textbook for university students studying in the specialty “Jurisprudence » / edited by V. Ya. Kikot, P. I. Kononov, I. Sh. Kilyaskhanov. – 5th ed., revised and enlarged. – M.: UNITY-DANA: Law and Law, 759 p.
CIVIL LAW
ALIEVA Rahimat Suleymanovna
magister student of the 1st year of the correspondence form of study of the Institute of Law of the Dagestan State University, Makhachkala
SULEYMANOVA Saltanat Akhmedovna
Ph.D. in Law, associate professor of Civil law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
THE CIVIL STATUS OF STATE-OWNED INSTITUTIONS IN THE RUSSIAN FEDERATION
The article discusses in detail the main characteristics of state-owned institutions, including their legal capacity, property management features, financing and control of activities. State-owned institutions are legal entities that do not have the right of ownership of the property assigned to them, which is in state ownership and assigned to them by the right of operational management. The activities of state-owned institutions are financed exclusively from the State budget, which imposes strict obligations on them to comply with budget legislation and financial discipline. One of the key aspects of the study is the limited legal capacity of state institutions. They can only carry out those actions thatare provided for by their charters and are directly related to the fulfillment of the tasks assigned to them. The relationship of state-owned institutions with other subjects of civil law is based on contracts, but their legal status entails certain features, including the impossibility of recognizing bankruptcy and fulfilling obligations at the expense of the state budget.
Keywords: separation of powers, corruption, anti-corruption policy, judicial independence, public control, legal culture, international cooperation.
Article bibliography
1. Zagrebnev A. A. Civil status of state-owned institutions in the Russian Federation // Actual problems of science and practice: Gatchina readings – 2021: Collection of scientific papers based on the materials of the VIII International scientific and practical conference, Gatchina, May 21-22, 2021. Volume 2. – Gatchina: State Institute of Economics, Finance, Law and Technology, 2021. – P. 77-80.
2. Sergienko V. A. Civil liability of institutions // Issues of sustainable development of society. – 2021. – No. 6. – P. 397-402.
3. Savina A. M. State-owned institutions as subjects of economic relations // 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 up to 2030: Collection of abstracts of speeches and reports of participants in the International Scientific and Practical Conference on the Problems of Execution of Criminal Punishments, Ryazan, November 17-18, 2022. Volume 2. – Ryazan: Academy of Law and Management of the Federal Penitentiary Service, 2022. – P. 1322-1326.
4. Filippova A. I. Improving the civil-legal basis for the activities of state-owned institutions of the Ministry of Internal Affairs of Russia // Power of Law. – 2020. – No. 3 (43). – P. 137-142.
5. Chukina E. D., Tkachenko I. Yu. Normative and legal regulation of the activities of state-owned institutions // Innovative research: problems of implementing results and development trends: Collection of articles from the International Scientific and Practical Conference, Yekaterinburg, August 27, 2022. – Ufa: Limited Liability Company “OMEGA SCIENCES”, 2022. – P. 70-74.
CIVIL LAW
АLSYNBAEVA Elvira Makhamatovna
Ph.D. in Law, associate professor of Civil law sub-faculty of the Institute of Law of the Ufa University Science and Technology
REZYAPOVA Gyzel Fratovna
Ph.D. in philosophy sciences, associate professor of Civil law of the Institute of Law of the Ufa University Science and Technology
SPECIFICS OF APPLICATION OF ESCROW ACCOUNT AGREEMENT IN SHARED CONSTRUCTION
The use of the institution of an escrow account agreement in relations related to participation in shared construction raises many questions both among professional participants in these relations (developers and authorized banks) and among participants in shared construction (equity holders). The method presented by the state to protect the shareholder from unfair actions of the developer has both unconditional advantages and significant disadvantages. The study made it possible to identify the actual nature of the regulation introduced by the legislator, but at the same time to point out the existing shortcomings and possible negative consequences, as well as formulate proposals for improving the legislation.
Keywords: escrow, escrow account agreement, shared participation in construction, developer, participants in shared construction, developer, authorized bank.
Item-by-item bibliographic list
1. Bogdanov D. E., Bogdanova S. G. Legal nature of the conditional deposit agreement (escrow) // Bulletin of the O. E. Kutafin University. 2018. No. 10. pp. 55-66.
2. Large Law Dictionary. 3rd ed. supplemented and revised / Ed. by prof. A. Ya. Sukharev. M.: INFRA-M, 2008. VI, 858 p.
3. Bychkov A. Features of the legal regime of an escrow bank account // Banking Review. Supplement “BankNadzor”, 2018, No. 2. [Electronic resource]. Access from the reference and legal system “ConsultantPlus” (date of access: 05.05.2024).
4. Dubnova D.K. Escrow account in Russian law // Bulletin of the Saratov State Law Academy. 2016. No. 5. P. 83-86.
5. Vitryansky V.V. Reform of Russian civil legislation: interim results. 2nd edition, revised and supplemented. M.: Statute, 2018. 526 pp.
CIVIL LAW
ANANJEVA Ekaterina Olegovna
Ph.D. in Law, associate professor, associate professor of Civil law and process sub-faculty of the Institute for the Training of State and Municipal Employees of the Academy of the FPS of Russia
IVLIEV Pavel Valentinovich
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Institute for Training State and Municipal Employees of the Academy of the FPS of Russia
PROSPECTS FOR THE DEVELOPMENT OF FINANCIAL LEASING IN THE REAL ESTATE SECTOR
This article examines a promising way of developing the real estate market in our country as financial leasing of real estate. The main advantages of this investment method are examined in detail, and the main problems and difficulties that hinder the rapid formation and development of financial leasing of real estate in our country are studied. An assessment of the effectiveness of financial leasing of real estate is also carried out in comparison with conventional rental of housing, as well as mortgages. A conclusion is also made about the attractiveness of real estate leasing in the medium term.
Keywords: financial lease of real estate, civil code, leasing company, lessee, lessor, landlord, tenant, lessor , housing issue, real estate seller.
Article bibliography
1. “Civil Code of the Russian Federation (part two)” dated 26.01.1996 No. 14-FZ (as amended on 01.07. 2021, as amended on 07/08/2021).
2. Federal Law “On Financial Lease (Leasing)” dated 10/29/1998 No. 164-FZ (latest revision).
3. Federal Law “On State Registration real estate” dated 13.07.2015. No. 218-FZ.
4. Rybina S. N., Ivliev P. V. “Prospects for the Development of Leasing in Russia in the Short Term” // Agrarian and Land Law. – 2024. – No. 4 (232). – P . 255-257.
5. Ivliev P. V., Serdyuk A. L. “Leasing as an innovative mechanism for improving the investment climate in the regions of Russia” // Law and state: theory and practice. – 2023. – No. 7 ( 233). – P. 493-495.
CIVIL LAW
GETMAN Yana Borisovna
Ph.D. in Law, associate professor of Civil law sub-faculty of the Rostov branch of the Russian State University of Justice
RYBAKOVA Sofya Vasiljevna
intern of the Department of the Legal clinic in Rostov branch of the Russian State University of Justice
THE BALANCE OF INTERESTS IN THE QUALIFICATION OF THE UNILATERAL REFUSAL OF THE SELLER, WITH THE CONDITION OF IMPOSSIBILITY OF EXECUTION OF THE CONTRACT
The article examines the need to recognize the manipulation of the final price of goods as an abuse of law and to consolidate at the legislative level a direct rule establishing the responsibility of the seller for violating the principle of good faith. Special attention is focused on technical failures (errors) on online platforms associated with the establishment of an undervalued price for goods and the subsequent termination of the concluded retail purchase agreement by the seller, in the context of consumer protection in the remote method of selling goods .
Keywords: retail sale agreement; consumer; seller; technical error; abuse of law; circumvention of the law; retail sale agreement.
Article bibliography
1. Gromov A. A. Bypassing the preemptive right of purchase // Bulletin of Civil Law. – 2021. – No. 1. – P. 7-49.
CIVIL LAW
DADAYAN Elena Vladimirovna
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Krasnoyarsk State Agrarian University
ON THE ISSUE OF METHODS (PROCEDURE) OF SETTLEMENTS UNDER THE CONTRACT OF SALE OF REAL ESTATE
This article, using the example of a specific practical situation, shows that an inattentive and sometimes careless attitude to the coordination of individual terms of a real estate purchase and sale agreement can lead to disputes not only between counterparties under the agreement, but also negatively affect the property rights of creditors of one of the parties to the purchase agreement -real estate sales. For example, insufficiently clear regulation by the parties to the agreement regarding the method and terms of payment for the price of a real estate purchase and sale agreement could hypothetically give rise to a dispute in the future. Such a controversial (ambiguous) situation may arise in the event of bankruptcy of the debtor – the seller under a real estate purchase and sale agreement, when the bankruptcy manager recognizes the alienation of real estate transaction as invalid or when he declares, in the course of legal proceedings, demands for payment of the transferred property and payment of interest for late payment of the contract price.
Keywords: purchase and sale of real estate, land plot, bankruptcy trustee, payment method , payment terms, contract price, transfer of goods, counterparties, debtor, good faith.
Article bibliographic list
1. Case No. 2-24/2023 (2-1318/2022) . [Electronic resource]. – Before modemortar: https://geldor–krk.sudrf.ru/modules.php?name=sud_delo&srv_num=1&name_op=case&case_id=372607098&case_uid=061a056b-d010-401a-8741-848529ad6634&delo_id=1540005 (date of access: 05.04.2024).
2. Storozheva A. N., Dadayan E. V. Good faith in the possession of a land plot as one of the conditions for recognizing the right of ownership of a land plot by virtue of acquisitive prescription // Actual problems of private and public law relations in the field of rational use and protection of the environment. Materials of the regional (interuniversity) scientific and practical conference. Krasnoyarsk State Agrarian University. – Krasnoyarsk, 2023. – pp. 58-61.
CIVIL LAW
KIYKO Andrey Yurjevich
Ph.D. in Law, Head of the St. Petersburg Military Order of Zhukov Institute of the National Guard Troops of the Russian Federation
IGNATJEVA Natalya Yurjevna
Ph.D. in Law, associate professor, associate professor of Civil law sub-faculty of the St. Petersburg State University of Aerospace Instrumentation
LEGAL APPROACHES TO THE DEFINITION OF RISK IN ALEATORY TRANSACTIONS
The article discusses various approaches to the definition of the concept of risk in the legal qualification of aleatory transactions. The article analyzes the evolution of the concept of “risk” in civil law, as well as various legal approaches of Russian civil scientists, which determine the specifics of this definition. The legal qualification of aleatory transactions is determined, taking into account the risk category.
Keywords: aleatory agreement, aleatory transactions, legal approaches to the definition of the concept of “risk”, risky transactions, risk minimization.
Article bibliography
1. Babaev M. M. Risk-oriented justice // All-Russian Criminological Journal. – 2021. – No. 2. – P. 167-180.
2. Belousova M. A. The content of the concept of a contract in the French Civil Code (in comparison with the German Civil Code) // Legal Journal President. – 2021. – No. 2 (6). – P. 4-10.
3. Bystrov A. Ya. Aleatory nature of transactions for difference // Bulletin of Economic Justice of the Russian Federation. – 2022. – No. 9. – P. 86-121.
4. Vorobyov S. M., Komarov S. A. Risks in the information civilization: theoretical and legal understanding // Theory of state and law. – 2019. – No. 3. – P. 20-36.
5. Garaeva A. D. Aleatory transactions: concept, features, classification // Young scientist. – 2021. – No. 3 (345). – P. 172-174.
6. Zalesskaya L. N., Mitina V. V., Evdokimova E. A. Project risk management, risk concepts, quantitative and qualitative risk analysis // Current research. – 2020. – No. 9-2 (12). – P. 78-81.
7. Zakhartsev S. I., Salnikov V. P. On legal progress as a philosophical and legal problem // Russian Journal of Legal Research. – 2015. – No. 2 (3). – P. 113-121.
8. Zakhartsev S. I., Salnikov V. P. Legal progress – a new philosophical and legal definition // The world of politics and sociology. – 2016. – No. 4. – P. 171-188.
9. Zakhartsev S. I., Salnikov V. P. Legal progress and improvement of legal regulation and lawmaking in Russia in the 21st century // Lawmaking in the 21st century: evolution of doctrine and practice (on the 90th anniversary of the birth of A. S. Pigolkin). Collection of scientific articles / Ed. by V. V. Lazarev. – M .: Norma, 2022. – Pp. 63-72. – in the book. 344 p.
10. Zakhartsev S. I., Salnikov V. P. Legal progress and values of law // The world of politics and sociology. – 2015. – No. 9. – Pp. 17-31.
11. Zakhartsev S. I., Salnikov V. P. Legal progress as a topical philosophical and legal problem // Legal science: history and modernity. – 2016. – No. 9. – Pp. 175-192.
12. Zakhartsev S. I., Salnikov V. P. Legal progress: a new direction in the study of law // Theory of state and law. – 2017. – No. 2. – P. 20-35.
13. Zakhartsev S. I., Salnikov V. P. Legal progress: philosophical and philosophical-legal approaches // Legal field of the modern economy. – 2015. – No. 1. – P. 13-30.
14. Zorkin V. D. Law of Russia: alternatives and risks in the context of the global crisis // Rossiyskaya Gazeta. – 2022. – No. 139 (8787). – June 30. – P. 9.
15. Kaitmazov V. A. Risk and risk management (risk management) in the economic security system // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2020. – No. 8. – P. 249-253.
16. Risk category in Russian and foreign civil law science // Electronic library on economics and law Pravo – Studio. [Electronic resource]. – Access mode: https://pravo.studio/pravo-rossii-dogovornoe/kategoriya-riska-rossiyskoy-zarubejnoy-nauke-99370.html (date of access: 07/04/2024).
17. Kerimova TV Risk in the life of a modern person // History and personality. Proceedings of Saratov State University. – 2001. – Issue 30.
18. Kerimova TV Man of risk. Social and philosophical problems. – M .: OLMA Media Group, 2009. – 208 p.
19. Kornienko A. A. On the ways and mechanisms of reducing the scale of risk in the knowledge society: from risk compensation to its prevention // Vectors of well-being: economy and society. – 2022. – No. 2 (45). – P. 21-29.
20. Kryuchkov R. A. Approaches to defining risk in modern law // Legal field of the modern economy. – 2014. – No. 10. – P. 154-163.
21. Kryuchkov R. A., Salnikov V. P., Romanovskaya V. B., Salnikov M. V. Risks in the legal field of the modern economy and the “right to risk” // Legal field of the modern economy. – 2015. – No. 12. – P. 109-119.
22. Peregudova N. V., Kononko P. P., Ratnikova O. D. Justified risk and reasonable risk: their relationship // Civil service and personnel. – 2021. – No. 4. – P. 264-269.
23. Risks in law: solutions: Monograph / Ed. by D.Sc. in Law. Prof. L. G. Tatyana. – Moscow: Yurlitinform. 2020. – 160 p.
24. Savintseva T. A. Risk theory in civil law // Tambov legal readings named after F. N. Plevako: Proceedings of the IV international scientific and practical conference. Tambov, May 22-23, 2020. In two volumes, Volume 2. – Tambov: Derzhavinsky Publishing House, 2020. – P. 99-101.
25. Salnikov V. P., Kryuchkov R. A., Romanovskaya V. B., Salnikov M. V. The concept of risk in the philosophical and legal dimension in the period of Modern and Contemporary Times // The world of politics and sociology. – 2014. – No. 10. – P. 174-184.
26. Salnikov V. P., Kryuchkov R. A., Romanovskaya V. B., Salnikov M. V. Risks in the economy, in law and social life: scientific approaches to understanding // Legal field of the modern economy. – 2015. – No. 9. – P. 203-211.
27. Salnikov V. P., Kryuchkov R. A., Romanovskaya V. B., Salnikov M. V. Rock, risk, law and economics: the beginning of the history of relations // Legal field of the modern economy. – 2013. – No. 11. – P. 11-17.
28. Financial sovereignty and financial security of Russia: threats and risks: Monograph Khabibulin A. G., A. V. Anishchenko, V. N. Anishchenko, E. V. Anishchenko, A. N. Vyborny; under the general editorship of A. G. Khabibulin. – 2nd ed., expanded. and supplemented. – M.: Moscow State University. Higher School of Public Audit, 2023. – 480 p.
CIVIL LAW
KOMLEV Evgeniy Yurjevich
Ph.D. in Law, Head of Judiciary, civil society and law enforcement sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
BIRYUKOV Ivan Alexandrovich
student of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
KHASIEVA Kheda Lom-Alievna
student of the Institute of Law of the Patrice L umumba Peoples’ Friendship University of Russia
EVOLUTION OF LOBBYING ACTIVITIES: A COMPARATIVE ANALYSIS OF THE ANGLO-AMERICAN AND EUROPEAN-CONTINENTAL MODELS
The article examines the evolution of lobbying activities and analyzes the peculiarities and differences in approaches to legislative and administrative support of interests in the United States of America and European countries. The authors analyse the historical prerequisites for the formation of lobbyism and its legislative regulation. Special attention is paid to the comparison of the Anglo-American and European-continental models of lobbyism, and their comparative analysis is carried out.
Keywords: lobbyism, interest groups, lobbying activities, Anglo-American model, European-Continental model, GR.
Article bibliography
1. GR and lobbying: theory and technology: textbook for universities / V. A. Achkasova [et al.]; edited by V. A. Achkasova, I. E. Mintusov, O. G. Filatova. – 2nd ed. – Moscow: Publishing house Yurait, 2024. – 438 p. – (Higher education). – ISBN 978-5-534-14000-2 // Educational platform Yurait [website]. – [Electronic resource]. – Access mode: https://urait.ru/bcode/536278 (date of access: 06.07.2024).
2. Zhugan I. B. Lobbying in the USA. Legal basis and analysis of modern legislation. // Representative power – XXI century: legislation, comments, problems. – 2015. – No. 3 (63). – P. 35-39.
3. Kanevsky P. S. Institute of lobbying in the XXI century: comparative analysis: monograph. – M .: Canon + ROOI “Rehabilitation”, 2020. – 352 p.
4. United States of America. Constitution and legislative acts / Comp. V. I. Lafitsky. – M., 1993. – P. 171.
5. Smith H. The power game: how Washington works. – Glasgow, 1989. – P. 317.
CIVIL LAW
KONOVALCHUK Marina Valerjevna
Ph.D. in Law, associate professor of Civil law disciplines sub-faculty of the Samara Law Institute of the FPS of Russia
LEGAL REGULATION OF SOCIAL SUPPORT FOR PERSONS SENTENCED TO IMPRISONMENT WHO BELONG TO THE CATEGORY OF ORPHANS AND CHILDREN LEFT WITHOUT PARENTAL CARE
The article deals with the issues of legal regulation of societyal support for persons sentenced to imprisonment belonging to the category of orphans and children left without parental care, the author proposes to supplement the order of the Ministry of Justice of the Russian Federation dated November 29, 2023 No. 350 “On the re-socialization, social adaptation and social rehabilitation of persons in respect of whom probation is applied in accordance with Federal Law No. 10-FZ of 02/06/2023 On Probation in the Russian Federation” wording that allows for the application to graduating minors from among orphaned children and other social support measures established by Federal Law No. 159-FZ of December 21, 1996 “On additional guarantees for social support for orphans and children left without parental care”.
Based on the analysis of normative legal acts, it is concluded that it is necessary to unify the application of social support measures in relation to juvenile convicts of these categories.
Keywords: orphans, children left without parental care, sentenced to imprisonment, social support, probation, guardianship and guardianship authorities.
Article bibliography
1. Appellate ruling of the Civil Cases Judicial Committee of the Sverdlovsk Regional Court dated April 22, 2021 in case No. 33-5371/2021 // SPS Garant.
2. Maksimov A. S ., Craik K. V. Social and pedagogical support for adolescent students growing up in socially disadvantaged families // Bulletin of the Belgorod Institute for Education Development. – 2020. – Vol. 7. No. 4 (18). – P. 86-101.
3. Order of the Ministry of Education of the Russian Federation dated 15 June 2020 No. 300 “On approval of the Procedure for the formation, maintenance and use of a state database on children left without parental care)” // SPS Garant.
4. Explanatory Dictionary of the Living Great Russian Language: selected articles / V. I. Dahl; joint editorial office of V. I. Dahl and I. A. Baudouin de Courtenay. – Moscow, 2004. [Electronic resource]. – Access mode: https://gufo.me/dict/dal/accompany.
CIVIL LAW
LETYAGINA Ekaterina Alexandrovna
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Krasnoyarsk State Agrarian University
REMOVING A CHILD FROM THE FAMILY: PROBLEMS OF THEORY AND PRACTICE OF APPLICATION
This article presents a study of the problems of theory and practice of applying such an institution of the family branch of law as the removal of a child from the family. It is indicated that recently, in 2020, 2022, attempts were made to legislatively amend certain provisions of family legislation, including those regulating the institution under study. The author believes that these bills have not acquired the force of law, including due to their insufficient legal logic, elaboration and expediency.
At the same time, in order to prevent the growth of society’s tolerance to the use of violence against minors in families, it is necessary to regulate as clearly as possible from a legal standpoint the criteria for assessing circumstances that can be characterized as threatening the life and health of a minor, as well as to prescribe in even more detail the step-by-step procedure of authorized persons implementing it. In addition, it is necessary to increase the responsiveness of authorized persons to the threat to the life and health of minors through subsequent analysis and assessment of circumstances after the immediate removal of children, since the main essence of this institution should be reflected precisely in the prevention of such actions by parents and persons replacing them.
Keywords: minorities, parents, family legal relations, rights and obligations of parents, removal of a child from the family, restriction of parental rights, deprivation of parental rights, guardianship and guardianship authorities, prosecutor, court.
Article bibliography
1. Yakushev P. A. Alternative methods of judicial protection of children’s rights from unlawful behavior on the part of parents / / Laws of Russia: experience, analysis, practice. 2022. No. 4. P. 49-58.
2. Krasnova T. V. Legal possibility of taking a child away from parents: social risks in legislation and ways to overcome them // Bulletin of Perm University. Legal sciences. 2016. No. 1 ( 31) P. 60-67.
3. Gruzinskaya M.A. Reforming the Institute of Family Law: Protecting the Rights and Interests of Children // Novels of Law, Economics and Management 2022: Proceedings of the VIII International Scientific and Practical Conference, Gatchina, November 25 2022. Volume 1. Gatchina: State Institute of Economics, Finance, Law and Technology, 2023. Pp. 82-85.
4. Ishchenko E. V. Removal of a child from a family as a way to prevent administrative offenses // Bulletin of the Voronezh Institute Ministry of Internal Affairs of the Russian Federation. 2017. No. 2. P. 110-116.
5. Verenich A. V. Removal of a child from a family as an exceptional measureprotection of children’s rights // Administrative law and process. 2021. No. 12. P. 71-74.
6. Passport of the draft Federal Law No. 986679-7 “On Amendments to Certain Legislative Acts of the Russian Federation” (on the procedure for taking a child away in case of an immediate threat to his life)” (submitted by the deputy of the State Duma of the Federal Assembly of the Russian Federation P.V. Krasheninnikov, member of the Federation Council of the Federal Assembly of the Russian Federation A.A. Klishas): [Electronic resource] // SPS “ConsultantPlus” Version of Prof. (date accessed: 09.06.2024).
7. Passport of the draft Federal Law No. 989008-7 “On Amendments to the Family Code of the Russian Federation in Order to Strengthen the Institution of the Family” (submitted by members of the Federation Council of the Federal Assembly of the Russian Federation E. B. Mizulina, E. V. Afanasyeva, A. D. Bashkin, R. F. Galushina, M. G. Kavdzharadze, L. B. Narusova, M. N. Pavlova) (withdrawn from consideration): [Electronic resource] // SPS “ConsultantPlus” Version of Prof. (date of access 09.06.2024).
8. Passport of the draft Federal Law No. 157281-8 “On Amendments to the Family Code of the Russian Federation and Certain Legislative Acts of the Russian Federation” (submitted by Russian Senators A. A. Klishas, E. B. Mizulina, V. V. Poletaev, E. B. Altabaeva, E. V. Afanasyeva, A. D. Bashkin, R. F. Galushina, O. F. Kovitidi, V. V. Nagovitsyn, M. N. Pavlova, and State Duma Deputies of the Federal Assembly of the Russian Federation D. F. Vyatkin, T. V. Butskaya): [Electronic resource] // SPS “ConsultantPlus” Version of Prof. (date of access: 06/09/2024).
9. Passport of the draft Federal Law No. 232772-8 “On Amendments to Certain Legislative Acts of the Russian Federation on the Protection of Children’s Rights” (submitted by the Government of the Russian Federation): [Electronic resource] // SPS “ConsultantPlus” Version Prof. (date of access: 06/10/2024).
10. Resolution of the Plenum of the Supreme Court of the Russian Federation of 11/14/2017 No. 44 “On the practice of applying legislation by courts in resolving disputes related to the protection of the rights and legitimate interests of a child in the event of an immediate threat to his life or health, as well as in the restriction or deprivation of parental rights”: [Electronic resource] // SPS “ConsultantPlus” Version Prof. (date of access: 06/10/2024).
CIVIL LAW
LONCHAKOVA Yulia Andreevna
Ph.D. in Law, associate professor, associate professor of the Murom Institute (branch) of the Vladimir State University
FEATURES OF LEGAL REGULATION OF FORWARDING ACTIVITIES IN TRANSPORT LOGISTICS
The article is devoted to the analysis of legal regulation of forwarding activities in the field of transport logistics in the Russian Federation. It discusses the main provisions of Chapter 41 of the Civil Code of the Russian Federation, which establishes legal framework for contracts of transport expedition. The issues of duties and rights of forwarders, conditions of contract performance, as well as liability for involving third parties are highlighted. The author emphasizes the problem of the lack of a specialized law regulating this activity, which leads to the necessity of relying on general principles of obligatory law and norms related to commission and agency.
Keywords: Civil Code of the Russian Federation, transport expedition, forwarding activities, transport logistics, legal regulation, obligatory law, forwarder liability, expedition contract.
Article bibliography
1. Alsynbaeva E. M. Concept and legal nature of a transport expedition contract // Problems of private and public law regulation of transport activities: Proceedings of the VI All-Russian scientific and practical conference, Ufa, November 23, 2022. – Ufa: Research Institute for Problems of the Rule of Law, 2023. – P. 22-30. – DOI 10.56777/pplaw.2023.92.51.002.
2. Andreeva N. A. Claims and actions under the contract of freight forwarding // Gaps in Russian legislation. – 2008. – No. 2. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/pretenzii-i-iski-po-dogovoru-transportnoy-ekspeditsii (date of access: 05/23/2024).
3. Butakova N. A. Problems of legal regulation of the contract of freight forwarding // Problems of private and public law regulation of transport activities: Materials of the VI All-Russian scientific and practical conference, Ufa, November 23, 2022. – Ufa: Research Institute for Problems of the Rule of Law, 2023. – P. 59-65. – DOI 10.56777/pplaw.2023.30.71.008.
4. Zhitin A. P., Krasnoyarova N. I. Liability of the freight forwarder when providing services in domestic communications // Tavrichesky scientific observer. – 2016. – No. 6 (11). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/otvetstvennost-ekspeditora-pri-okazanii-uslug-vo-vnutrirossiyskih-soobscheniyah (date of access: 05/23/2024).
5. Korovyakovsky E.K., Simushkov A.M. Interaction of transport systems and the use of an integrated approach to solving the main problems of mixed transport // IzvestiyaSt. Petersburg University of Railway Engineering. – 2012. – No. 4 (33). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/vzaimodeystvie-transportnyh-sistem-i-primenenie-kompleksnogo-podhoda-k-resheniyu-osnovnyh-problem-smeshannyh-perevozok (date of access: 05/23/2024).
6. Lonchakova Yu. A. Dispute resolution under a freight forwarding contract: judicial practice // Theory and practice of social development. – 2023. – No. 11. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/razreshenie-sporov-po-dogovoru-transportnoy-ekspeditsii-sudebnaya-praktika (date of access: 23.05.2024).
7. Pokrovskaya O. D. Principles of implementation of integrated transport and logistics services in railway transport and requirements for them // Bulletin of the St. Petersburg University of Railway Engineering. – 2020. – Vol. 17. No. 3. – P. 288-303. – DOI 10.20295/1815-588X-2020-3-288-303.
8. Serieva M. M. Storage agreement // Science through the prism of time. – 2017. – No. 5 (5). – P. 82-86.
9. Strakhova V. A. Contract of transport expedition: the problem of defining the subject // Bulletin of the Magistracy. – 2018. – No. 5-2 (80). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/dogovor-transportnoy-ekspeditsii-problema-opredeleniya-predmeta (date of access: 05/23/2024).
10. Chechneva Yu. V. On the issue of classification of transport services // Actual problems of humanitarian and natural sciences. – 2010. – No. 12. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/k-voprosu-o-klassifikatsii-transportnyh-uslug (date of access: 05/23/2024).
CIVIL LAW
MOTASOVA Darya Danilovna
CURRENT ISSUES OF LEGAL REGULATION OF UNMANNED AERIAL VEHICLES AT THE PRESENT STAGE
The article shows that well-developed legal approaches to regulating the status of unmanned aerial vehicles (UAVs) and public relations associated with their use/operation are very important. An analysis of current trends showed, firstly, an increase in legislator attention to the topic of UAV regulation, and secondly, an increase in the complexity of the regulation of this area of relations with the key importance of air legislation. Dynamically developing legal norms form the innovative institution of air law – a block of norms on the use of UAVs. The article makes a number of conclusions, including: 1) legal regulation of activities and social relations that arise regarding and in connection with the production and operation of UAVs is carried out by complex, intersectoral means of legal regulation that require internal coordination and mutual agreement to ensure their safe production and exploitation, the conditions for their participation in civil circulation, the scope of proportionate civil liability; 2) regardless of the level of technical equipment, self-organization of work, UAVs are characterized exclusively by the properties and characteristics of the object of civil rights, the identification of which with subjects/quasi-subjects is untenable; UAVs as objects of civil rights are subject to the property regime; 3) one of the pressing issues is the search for effective mechanisms for comprehensive support and stimulation of the activities of domestic manufacturers of equipment, components, and software for UAVs in order to adequately replace imports and ensure the appropriate level of technological sovereignty of the country in this area.
Keywords: unmanned aerial vehicles, legal approaches to regulating UAVs, air law institutions, development of UAV regulation, support for domestic UAV manufacturers, UAV as an object of civil rights.
Article bibliography
1. Borisenko V. V. Policy of state regulation of the legal status of the use of unmanned aerial vehicles // Actual problems of aviation and cosmonautics. – 2017. – Vol. 3. – No. 13.
2. Vavilin E. V. Unmanned vehicles: from terminology to new legal regimes // Economy and law. – 2023. – No. 8.
3. Gromova E. A. Legal aspects of registration and use of unmanned aerial vehicles in Russia and abroad // Law and Economics. – 2019. – No. 7.
4. Zorin D. N. On some issues of the use and development of unmanned aerial vehicles // Administrative law and process. – 2022. – No. 12.
5. Zorina N. S., Zorin D. N. Conceptual approaches to the study of the mechanism for regulating unmanned aerial vehicles // Administrative law and process. – 2023. – No. 8.
6. Zorina N. S., Zorin D. N. Counteracting the use of unmanned aerial vehicles over the territories of institutions of the Federal Penitentiary Service of Russia // Administrative law and process. – 2023. – No. 6.
7. Kostyuchenko O. G. Forensic aspects of the use of an unmanned aerial vehicle (UAV) // Russian investigator. – 2023. – No. 10.
8. Parfenov V. A. Prregulation of the legal status of unmanned aerial vehicles // Actual problems of aviation and cosmonautics. – 2017. – Vol. 3.
9. Pokrovsky I. A. History of Roman law. – St. Petersburg, 1998.
10. Ponomareva E. V. Subjects and quasi-subjects of law: theoretical and legal problems of delimitation: dis. … Cand. of Law. – Ekaterinburg, 2019.
11. Sazanova A. A. Comparative analysis of Russian and foreign experience of state regulation of unmanned aircraft systems. The world of the new economy. – 2022. – No. 16 (4).
12. Stepanyan A. Zh. Problems of regulation of unmanned vehicles // Bulletin of the O. E. Kutafin University (MSAL). – 2019. – No. 4.
13. Uzdimaeva N. I., Kozurov A. S. Subject of law: basic approaches to understanding // Contentus. – 2020. – No. 4.
14. Frolova E. E. Transformation of methods for resolving digital disputes and their projection onto the jurisdiction of the state. Research: grant No. 23-28-00157. Russian Science Foundation. – 2023. – P. 2.
15. Channov S. E. Robot (artificial intelligence system) as a subject (quasi-subject) of law // Actual problems of Russian law. – 2022. – No. 12 (145).
CIVIL LAW
PARASKEVOVA Svetlana Andreevna
Ph.D. in Law, professor of Civil law sub-faculty of the Kuban State University, Krasnodar
SHAPOVAL Olga Vyacheslavovna
Ph.D. in Law, associate professor of Civil law sub-faculty of the Kuban State University, Krasnodar
GRINKO Nikita Romanovich
postgraduate student of Civil law sub-faculty of the Kuban State University, Krasnodar
LEGAL QUALIFICATION OF THE “TAKE OR PAY” CONTRACTUAL TERMS
The article discusses the problems that arise in the process of legal qualification of contracts with the condition “take or pay”. The lack of relevant legal regulation of this issue creates certain problems in law enforcement practice, some difficulties arise in the process of comparing the terms of the “take or pay” and the design of the subscription agreement. The author analyzes the process of the emergence and historical transformation of the terms of the subscription agreement during the development of the domestic legal system. The purpose of the study is to establish and identify the specifics of public relations regulated by the constructions of the subscription agreement and the terms of “take or pay”.
Keywords: “take or pay” or “take or pay” construction, subscription agreement, legal qualification of the agreement, breaking of the synallagma.
Article bibliography
1. Ivanova S. G. Subscription agreement: a new civil law contract? // Problems of Economics and Legal Practice. 2018. No. 1. P. 77-82
2. Matveeva E. Yu. Subscription agreement as a legal means ensuring the rationalization of property turnover: historical aspect and modernity // Economy and Law. 2024. No. 2.
3. Tai Yu. V., Sarbash S. V., Baibak V. V., Evstigneev E. A.: The take or pay condition and freedom of contract // Law. 2021. No. 9. Pp. 17, 20, 23-24.
4. Fedorov D. V. Take or Pay: in search of causa. Commentary on the Definition of the Judicial Collegium for Economic Disputes of the Supreme Court of the Russian Federation dated August 20, 2021 No. 305-ES21-10216 // Bulletin of Economic Justice of the Russian Federation. 2022. No. 1. Pp. 5-33.
5. Shapoval O. V., Grin’ko N. R. Prerequisites for the formation and foreign approaches to the qualification of the take or pay model // Eurasian Law Journal, issue. 2023. No. 2 (177).
6. Sachsenhauser R. Zulaessigkeit von Take-or-Pay-Klauseln in Gasliefervertragen mit Sondervertragskunden // CUR. 2009. Heft 3. P. 96-101.
CIVIL LAW
POLETAEVA Ekaterina Leonidovna
senior lecturer of Civil law and process sub-faculty of the Baikal State University, Irkutsk
APPROACHES TO UNDER STANDING SILENCE
The article examines silence in law, examines the approaches of scientists to understanding silence in various social sciences and branches of law. The understanding and interpretation of silence in law enforcement in civil law is considered separately, an attempt is made to determine its relationship with such legal categories as consent to transactions, inaction, legal fact, presumption. It is concluded that the few studies of silence, judicial practice, indicate the need for a deeper study of this issue, both for doctrinal understanding and for law enforcement.
Keywords: silence, legal fact, consent to transactions, form of transaction, expression of will.
Article bibliography
1. Smolkova I. V. Limits of Part 1 of Article 51 of the Constitution of the Russian Federation in Criminal Proceedings // Academic Law Journal. – 2018. – No. 3 (73). – P. 48-56.
2. Kornakova S. V., ChigrinaE. V. Disclosure of the secret of adoption: problems of implementing a comprehensive legal mechanism in the Russian Federation // All-Russian Criminological Journal. – 2018. – Vol. 12. No. 6. – P. 817-825.
3. Zaitseva E. S. Establishing the limits of legal regulation in law enforcement // Journal of Russian Law. – 2021. – No. 4. – P. 59-70.
4. Suslova S. I. Non-naming in civil law: to the formulation of the question // Scientific notes of Kazan University. – 2018. – Vol. 160. Book 2. – P. 404-414
5. Etymological dictionary of the modern Russian language / Comp. A. K. Shaposhnikov: in 2 volumes. Vol. 1. – M.: Flinta: Nauka, 2010. – 584 p.
6. Gambaryan A. S. Ayrapetyan Yu. V. Admission of guilt and claim in silence in criminal and civil proceedings // Bulletin of Perm University. – 2021. – Issue. 54. – Pp. 745-765.
7. Kurakina S. I., Levchenko A. V. Qualified silence in constitutional lawmaking // Humanitarian, socio-economic and social sciences. – 2020. – No. 3. – Pp. 111-113.
8. Krasavchikov O. A. Legal facts in Soviet civil law // Categories of civil law science. Selected works: In 2 volumes. Vol. 2. – M., 2005. – P. 49-241.
9. Civil law: textbook / Responsible. editor E. A. Sukhanov. In 2 volumes. Vol. 1. – M., 2002. – 785 p.
10. Bychkov A. Silence is not a sign of consent // EZH-YURIST. – 2015. – No. 25. – P. 13
11. Gambaryan A. S. Legal regimes of silence and fictitious conclusions arising from it // Journal of Russian Law. – 2019. – No. 12. – P. 19-29.
12. Vinichenko Yu. V. Presumption of consent in civil law // Problems of registration of rights, recording and certification of legal facts of civil law: collection of articles / Responsible. editor M. A. Rozhkova. – M .: Statut, 2013. – P. 193-214.
13. Kornakova S. V. Logic for lawyers. – Irkutsk: Publishing house of BSU, 2015. – 122 p.
14. Resolution of the Arbitration Court of the East Siberian District dated March 2, 2017 No. F02-7962/2016 in case No. A33-5836/2015.
15. Rabinovich N. V. Invalidity of transactions and its consequences. – L.: Publishing house of Leningrad State University, 1960. – 171 p.
16. Resolution of the Arbitration Court of the Volga District dated March 17, 2017 No. F06-18310/2017 in case No. A49-106/2016.
17. Aslanyan N. P., Vinichenko Yu. V. On the concept of inaction and its place in the classification of civil legal facts // Academic Law Journal. – 2020. – No. 4 (82). – pp. 40-47.
CIVIL LAW
SEMIANNIKOVA Dina Alexandrovna
Ph.D. in Law, associate professor of Civil and labor law sub-faculty of the North-West Institute of Management of the Russian Presidential Academy of National Economy and Public Administration, St. Petersburg
FEATURES OF THE LEGAL REGULATION OF SOCIAL SECURITY FOR CITIZENS WHO HAVE JOINED THE VOLUNTEER FORMATION
In the framework of the study the author considers problematic issues of social security citizens who joined the military volunteer formation, as well as members of their families. The author concludes that despite the large amount of rights in the field of social security, the big problem of bringing the provision to the recipient – military volunteer, members of his family, are procedural issues relating to the procedure for obtaining the right to certain social benefits, which is mediated by the constant, often chaotic, updating of subordinate legislation.
Keywords: military volunteer, serviceman, social security, social security law, legislation.
Article bibliography
1. Bezugolny A. Yu. Legal regulation of the volunteer movement during the Great Patriotic War // Scientific Thought of the Caucasus. – 2022. – No. 4 (112). – P. 5-12.
2. Bryksin I. I. Volunteer movement during the Great Patriotic War (based on materials from the Yaroslavl region) // Scientific dialogue. – 2015. – No. 12 (48). – P. 241-249.
3. Istomina E. A. Concept of social risk: concept and significance for social security law // Social and pension law. – 2022. – No. 4. – P. 10-14.
4. Kalinin V. M. Compensation for harm caused to a serviceman // Law in the Armed Forces. – 2021. – No. 1. – P. 39-50.
5. Lutsenko S. I. Legal guarantees of volunteers in military conflicts // Power. – 2023. – Vol. 31. No. 1. – P. 52-57. DOI: https://doi.org/10.31171/vlast.v31i1.9461.
6. Nikolaev D. A. Volunteers in the Nizhny Novgorod militia of 1812: historical realities and historiographic myths // Bulletin of the Nizhny Novgorod University named after N. I. Lobachevsky. – 2018. – No. 2. – P. 67-77.
7. Semyannikova D. A. Legal norms of social security of military personnel – participants in a special military operation // Eurasian integration: economics, law, politics. – 2022. – No. 4. – P. 89-97. DOI: 10.22394/2073-2929-2022-04-89-97.
8. Sue E. Berryman. The all volunteer force: an extension of the welfare state? // Mapping Intimacies. – 2021. – P. 1-20. DOI: 10.4324/9780429267536-1.
CIVIL LAW
STOROZHEVA Anna Nikolaevna
Ph.D. in Law, associate professor of Civil law and process sub -faculty of the Krasnoyarsk State Agrarian University
ON THE ISSUE OF TERMINATION OF THE GARDEN NON-PROFIT PARTNERSHIP
Issues of legal regulation of the termination (liquidation) of a gardening non-profit partnership (SNT) affect the use of infrastructure, as well as the rights and obligations of members of a liquidated SNT, and quite often problems arise regarding the abuse of corresponding rights by other SNT bordering the liquidated partnership.
The author analyzes the legal norms affecting the procedure for terminating the activities of SNT, and also concludes that there is an urgent need to change and supplement the norms of the current legislation, in in particular, to determine the procedure for reorganizing the bordering SNT with the SNT that has ceased to be detailed, for the legal use of the relevant infrastructure and the protection of the rights and interests of members of the liquidated SNT
Keywords : Garden non-profit partnership (SNT), rights, obligations, SNT member, termination, liquidation, borders, charter, land plot, membership, targeted contributions.
Article bibliography
1. Storozheva A. N., Dadayan E. V. Legal education of SNT members // Legal education and enlightenment of youth in modern Russian society: Materials of the regional (inter-university) scientific and practical conference, Krasnoyarsk, December 3, 2021. – Krasnoyarsk: Krasnoyarsk State Agrarian University, 2022. – P. 89-91. – EDN DXXKIO.
CIVIL LAW
TUZHILOVA-ORDANSKAYA Elena Markovna Ph.D. in Law, professor of Civil law sub-faculty of the Institute of Law of the Ufa University Science and Technology
GALYAUTDINOVA Liliya Yurjevna
senior lecturer of Civil law sub-faculty of the Institute of Law of the Ufa University Science and Technology
TO THE QUESTION OF THE RELATIONSHIP BETWEEN THE INHERITANCE CONTRACT AND THE JOINT TESTAMENT
In the article, the author defines the legal features of the inheritance contract in the Russian Federation. Its relationship with the joint will of the spouses is considered and their main distinctive features are revealed. The author analyzes the current problems of legal regulation and application of the inheritance contract and joint will. In conclusion, proposals are formulated to improve the legal regulation of their implementation.
Keywords: inheritance, inheritance contract, joint will, terms of contract, rights and obligations of heirs, rights of testator.
Article bibliography
1. Abramenkov M. S. Basic provisions of inheritance law of foreign countries // Inheritance law. – 2018. – No. 1. – P. 40-44.
2. Gushchin V. V. Concept and essence of an inheritance contract spouses // Family business in the legal space of Russia. – 2020. – No. 1. – P. 398-403.
3. Bushlyakova D. V. On the issue of problems of applying the inheritance contract in the Russian Federation // Actual problems of improving legislation and law enforcement: materials of the V International scientific and practical conference (Ufa, February 8, 2015): collection of scientific articles / Edited by A. V. Ragulin, I. T. Kantyukova. – Ufa: Eurasian Research Institute of Law Problems, 2018. – P. 124-125.
4. Ruzakova O. A., Stepkin S. P. Inheritance contracts in family relations: innovations in Russian legislation // Economy. Law. Society. – 2019. – No. 1. – P. 36-41.
5. Civil law: textbook: in 4 volumes. Volume 4. / Ed. E. A. Sukhanov. 2nd ed. revised. and add. – Moscow: Statut, 2019. – 720 p.
6. Vershinina E. V. Inheritance by will in Russia and Germany: comparative legal analysis // Family and housing law. – 2019. – No. 6. – P. 32-37.
7. Maidikova A. I. Review of the provision on the inheritance contract as a novelty of Russian inheritance law // Skif. Issues of student science. – 2020. – No. 2 (42). – P. 387-390.
8. Inshakova A. O. Inheritance legal relations in international private law // Inheritance law. – 2012. – No. 1. – P. 42-48.
9. Smirnov S. A. Types of transactions in the inheritance law of Russia: to the formulation of the question // Notary. – 2014. – No. 4. – P. 26-28.
10. Krivitskaya Yu. S. Inheritance contract in the Russian Federation // Legal sciences, the rule of law and modern legislation. – 2020. – No. 1. – P. 46-50.
11. Boltneva E. V. Institute of inheritance contract in modern Russian law // Young scientist. – 2020. – No. 11 (301 ). – P. 84-86.
CIVIL LAW
KHAZIEVA Rushana Raufovna
Ph.D. in philological sciences, associate professor of International and Integrational law sub-faculty of the Institute of Law of the Ufa State University of Science and Technology
RIZYAPOVA Elina Marsovna
Ph.D. in philological sciences, associate professor of Foreign languages sub-faculty of the Ufa University of Science and Technology
TO THE ISSUE OF CONCESSION AGREEMENT
The authors highlight some features of a concession agreement, which is a complex civil law agreement between state or municipal authorities and private enterprises aimed at the creation, reconstruction and operation of infrastructure facilities. The main positive aspects are highlighted when these agreements can help attract investment in infrastructure development, which contributes to economic growth.
Keywords: concession agreement, civil contract, public-private partnership, cooperation, civil law.
References
1. Varnavsky V. G. Concessions in transport infrastructure: theory, practice, prospects. Moscow: IMEMO RAS, 2009. 147 p.
2. Isaeva N. A., Ponomareva D. G. Attracting private investment in the Russian economy through concession agreements // Bulletin of NSUEM. 2022. No. 1. P. 224-237.
3. Kasimov T. S. Chapter 4. Value guidelines and principles of modern Russian law // Moral guidelines and principles in the value system of the Russian Constitution: Monograph. M.: OOO Izdatelskiy dom “Yurlitinform”, 2024. P. 74-110. – EDN LXKZDA.
4. Kuranova N. A. Public-private partnership economic concept // Economy and society. 2017. No. 6. P . 903-913.
5. Khazieva R. R., Sattarova R. V. The problem of merging justice and law in the socio-legal views of B. N. Cardoso // Eurasian Law Journal. 2023. No. 11 (186). P. 550-551. – DOI 10.46320/2073-4506-2023-11-186-550-551. – EDN OWRLDQ.
6. Kholodkova Yu. S. Concept and legal nature of concession agreements // Bulletin of Tomsk State University. 2016. No. 405. P. 184-189.
CIVIL LAW
YASTREMSKIY Ivan Anatoljevich
Lawyer of the Leningrad regional bar association, branch of the Law Firm ” Pelevin and Partners”
PROTECTING THE BUSINESS REPUTATION OF A PLASTIC SURGERY CLINIC: LEGAL ASPECTS AND LEGAL SIGNIFICANCE
The concept, the essence of the business reputation of plastic surgery clinics, and the ways to manage it are revealed. Special attention is paid to working with patient reviews. The features of protecting the business reputation of an organization are analyzed. The special importance and importance of protecting business reputation in the context of the development of modern information technologies are emphasized. The conditions for filing a claim in court are investigated, as well as the circumstances to be proven in this category of cases, the composition of the claims is analyzed. An overview of judicial practice in cases of protecting the business reputation of clinics is provided. It is concluded that business reputation is not sufficiently protected, which is due to its insufficient legal regulation. Proposals are being made to amend the norms of legislation aimed at achieving uniformity of judicial practice. The elements of the business reputation of plastic surgery clinics are indicated.
Keywords: clinic, medical organization, business reputation, protection of business reputation, dissemination of information, refutation, Internet.
Article bibliographic list
1. Civil Code of the Russian Federation (CC RF) of November 30, 1994 No. 51-FZ // Collection of Legislation of the Russian Federation. No. 32. 12/05/1994. Art. 3301.
2. Resolution of the Plenum of the Supreme Court of the Russian Federation of 24.02.2005 No. 3 “On judicial practice in cases of protecting the honor and dignity of citizens, as well as the business reputation of citizens and legal entities.” [Electronic resource]. – Access mode: https://vsrf.ru/documents/own/8288/?ysclid=lr6l5gmfle372345192 (date of access: 01/09/2024).
3. Borkha S. S. Protection of business reputation of legal entities // Property relations in the Russian Federation. 2021. No. 7 // SPS “Consultant Plus”.
4. Bukharova I.V. On the issue of protecting the business reputation of a legal entity in an arbitration court // Science and education: economy and economics; entrepreneurship; law and management. 2020. No. 6 (121). P. 76-78.
5. Kokorin I.S., Kategov A.S., Vinogradov O.V. Legal regulation of business reputation // Leningrad. legal journal . 2019. No. 2 (56).
6. Magdilova L. V., Ragimkhanova K. T. Protection of the business reputation of a medical organization // Public service and personnel. 2021. No. 4.
7. Simonyan R. Z . On the need for legislative supporthonor, dignity and business reputation of medical workers from unlawful attacks of the media // International Research Journal. 2019. No. 5 (83).
8. Sobko TS The right of a legal entity to civil law protection of business reputation // Legality and law and order in modern society. 2011. No. 3.
9. Tolstova MV, Lavrik TM Business reputation of a company as the most important intangible asset and the risks of its loss // Law: history and modernity. 2020.
10. Fedotova MI Actual problems of protecting the business reputation of legal entities // Actual issues of jurisprudence. Collection of articles of the II International scientific and practical conference. Penza, 2020.
CIVIL LAW
DZHALILOV Fuad Igbal ogly
postgraduate student of the P. A. Stolypin International Institute of Informatization and Public Administration
ADVANTAGES AND DISADVANTAGES OF ARTIFICIAL INT ELLIGENCE IN LAW
This article analyzes the advantages and disadvantages of artificial intelligence (AI) in jurisprudence. It is shown that the incredible capabilities of AI, such as analysis, systematization, elimination of routine tasks, increased accessibility of justice overall, and use in military applications, can also have negative aspects. These include an increase in economic crimes, technological imperfections, lack of transparency in AI algorithms, breaches of confidentiality, and issues related to copyright. The author provides a detailed analysis of the advantages and disadvantages of AI, as well as ways to address its shortcomings.
Keywords: artificial intelligence, disadvantages, advantages, jurisprudence.
Article bibliography
1. Sokolova A. A. Artificial intelligence in jurisprudence: risks of implementation // Legal technology. – 2019. – No. 13.
2. The 2024 ACM Conference on Fairness, Accountability, and Transparency (FAccT 24), June 3-6, 2024, Rio de Janeiro, Brazil, arXiv:2401.03408.
CIVIL LAW
KALUZHSKIY Viktor Vitaljevich
postgraduate student of the St. Petersburg State University of Economics
PATENTABILITY OF SOLUTIONS DEVELOPED WITH USE OF ARTIFICIAL INTELLIGENCE
The paper examines the conditions of patentability of solutions developed with generative artificial intelligence. It is concluded that these solutions can be generally patented if they are technical in nature. It is suggested to refrain from the formal approach to the evaluation of application documentation in such solutions and to focus on the content of the patentable solution. In order to achieve a higher level of application documentation, it is also proposed to develop additional clarifications on issues related to patenting of solutions developed with artificial intelligence.
Keywords: artificial intelligence, artificial intelligence regulation, intellectual property, patentability.
Bibliographic list
1. Inventorship Guidance for AI-Assisted Inventions // Federal Register. [Electronic resource]. – Available at: https://www.federalregister.gov/documents/2024/02/13/2024-02623/inventorship-guidance-for-ai-assisted-inventions (Accessed: 01.05.2024).
2. Yanisky-Ravid, Shlomit and Jin, Regina, Summoning a New Artificial Intelligence Patent Model: In the Age of Pandemic (June 4, 2020). Michigan State Law Review, Vol. 2021, No. 3, 2021. // SSRN. [Electronic resource]. – Access mode: https://ssrn.com/abstract=3619069 (date of access: 01.05.2024).
3. Alekseeva O. L., Zaitsev Yu. S. Retrospective review of Russian regulations and methodological documents in the field of patenting IT solutions // FIPS Bulletin. – 2022. – Vol. 1. No. 2. – Pp. 23-31. – EDN HVDKNG.
4. Blednov K. D. Problems of legal protection of the results of intellectual activity, including artificial intelligence systems // Copyright. Bulletin of the Russian Academy of Intellectual Property and the Russian Authors’ Society. – 2023. – No. 1. – Pp. 114-127. – EDN LONSXI.
5. Vyshegorodtsev K. E., Balashov A. V., Velmozhin G. A., Sysoev V. V. Sberbank PJSC. Method and system for identifying synthetically modified images of faces in video. Russian Federation Patent No. 2768797, IPC G06V 10/70 (2022.01), G06T 1/40 (2006.01), G06N 3/02 (2006.01) 2021130421; Cl. 19.10.2021. Published 24.03.2022. Bulletin No. 9.
6. Ivliev G. P., Egorova M. A. Prospects for using artificial intelligence systems in the work of patent offices // Intellectual Property. Industrial Property. – 2023. – No. 1. – P. 22-31. – EDN BKJDTP.
7. Kozhemyakin D. V. Standard for checking the presence of an inventive step in the context of determining the figure of an ordinary specialist // Journal of the Court of Intellectual Property. – 2022. – September. Issue 3(37). – P. 49-55.
8. Tikhonova M. I., PAO Sberbank. Text generation method and system. Patent No. 2817524 RF, IPC G06F 40/20 (2020.01), G06N 3/02 (2006.01), 2023114596; Cl. 02.06.2023. Published 16.04.2024. Bulletin No. 11.
CIVIL LAW
YASTREMSKIY Ivan Anatoljevich
Lawyer of the Leningrad regional bar association, branch of the Law Firm “Pelevin and Partners”
THE LEGAL SIGNIFICANCE OF CONSENT TO THE USE OF A PATIENT’S IMAGE IN A CONTRACT FOR THE PROVISION OF PAID MEDICAL SERVICES IN THE PLASTIC SURGERY PROFILE
The article examines the types of liability for disclosure of medical secrets. It is established that the law prohibits the publication of photographs with the image of the patient without his consent. The essence and meaning of the patient’s consent as a condition for the publication and use of his image are revealed. It is proposed to reduce the risks of plastic surgery clinics to have two separate consent forms for photographing for indoor and outdoor use. The cases from practice related to the misuse of patient images are analyzed.
Keywords: patient, consent, photograph, image, publication, surgeon, clinic, medical secrecy, responsibility.
Article bibliography
1. Ablyatipova N.A., Volkova I.Yu. The citizen’s right to the inviolability of the image: an analysis of the effectiveness of law enforcement practice in determining the criteria for the illegality of use // Scientific notes of the Crimean Federal University named after V.I. Vernadsky. Legal sciences. 2021. No. 1.
2. Zakharchenko D.S. Legal problems of using the image of a citizen // Lawyer. 2016. No. 21.
3. Kamensky M. A. Citizen’s right to an image: current issues // Bulletin of the South-West State University. Series: History and Law. 2022. Vol. 12. No. 6. Pp. 10-22.
4. Mazaev D. V. Protection of a citizen’s image on the Internet // Bulletin of the Saratov State Law Academy. 2016. No. 6 (113).
5. Mikryukov V. A. On differentiated consent of a citizen to the publication and use of his own image // Law and Economics. 2013. No. 2.
6. Patient’s consent to the use of his image. [Electronic resource]. – Access mode: https://www.zdrav.ru/articles/102066-qqe-16-m01-soglasie-patsienta-na-ispolzovanie-ego-izobrajeniya?ysclid=lrn5q4vkxn781282577.
7. Shirshchikova M. V. Consent to use a citizen’s image as an element of protecting privacy // Bulletin of the Magistracy. 2018. No. 5-4 (80).
8. Friedman V. The right to an image: features of legal regulation and methods of protection // Intellectual property. Copyright and related rights. 2019. No. 8. [Electronic resource]. – Access mode: https://urfac.ru/?p=2655.
CIVIL LAW
AIDANOV Semen Dinarovich
master’s degree in law, postgraduate student of the P. A. Stolypin International Institute of Informatization and Public Administration
PROBLEMS OF D EVELOPMENT AND STATE SUPPORT OF SOCIAL ENTREPRENEURSHIP IN THE RUSSIAN FEDERATION
In this article, the author analyzes law enforcement practice, as well as public relations arising in connection with the implementation of socially oriented entrepreneurial activities, in particular in the subjects of the Russian Federation. The author proposes and substantiates various necessary measures of state support and popularization aimed at the development of social entrepreneurship in the Russian Federation
Keywords: civil law, business law, support measures, social activities, social entrepreneurship, state guarantee.
Article bibliography
1. Kulkova V. Yu. Implementation of state support for social entrepreneurship in the development of social services in the Russian Federation in regional practices // Issues of Management. – 2021. – No. 2 (69). – P. 93.
2. Lebedintseva L. A., Deryugin P. P. Business and social entrepreneurship: an overview of the main models // The Journal of Social Policy Studies. – 2021. – No. 19 (1). – P. 155-165.
3. Moskovskaya A. A., Soboleva I. V. Social entrepreneurship in the system of social policy: world experience and prospects of Russia // Problems of forecasting. – 2016. – No. 6. – P. 103-111.
4. Solovieva T. S. Social entrepreneurship as a conductor of social innovations in the modern economy // MIRBIS Bulletin. – 2022. – No. 2 (30). – P. 165-178.
5. Semenova D. A. Social entrepreneurship as a driver of economic growth in Russia // Scientific almanac. – 2016. – No. 7. – P. 178-184.
CIVIL LAW
GUSEVA Anastasiya Alexandrovna
Master of Law of the National Research University “Higher School of Economics”, Bachelor of Law of the O. E. Kutafin Moscow State Law University (MSAL)
REAL ESTATE POSSESSION IN VINDICATION DISPUTES
The article deals with the problem of determining a possession. Different views of scientists are given (possession is a fact, or possession is a right). Moreover, the author analyzes whether the “book possession” should be recognized or not. This issue is on the front burner because of the absence of a legal definition and the absence of a consensus among scientists on this term. The author doesn’t concentrate on the possible future regulation in case of the creation a possessory protection in Russian legislation. The author tries to focus on approaches to the interpretation of “possession”, taking into account current legislation and judicial practice. Therefore, the main purpose of the article is to formulate how a possession (especially real estate possession) should be understood in vindication disputes at present. The issue of the possibility or impossibility of real estate vindication (taking into account its peculiarities) is also considered. The author concludes that according to the current regulation the possession is defined as a fact, a vindication of real estate is possible, and there is no need to exclude such method of real estate protection.
Keywords: vindication, property, protection of rights, goods, real estate, property law, civil law, possession.
Bibliographic list of articles
1. Alekseev V. A. On the ownership of real estate // Law. – 2019. – No. 9. – P. 146-156.
2. Belov V. A. Real civil law forms. – M., 2017. – 307 p.
3. Belov V. A. Essays on property law. Scientific and polemical notes. – M., 2017. – 332 p.
4. Vasilevskaya L. Yu. Ownership and its protection in the draft Federal Law on Property Law: problems and contradictions // Prologue: journal on law. – 2017 . – No. 3. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/vladenie-i-ego-zaschita-v-proekte-federalnogo-zakona-o-veschnom-prave-problemy -i-protivorechiya.
5. Vitryansky V. V. Actual problems of judicial protection of property rights to real estate // Civil law of modern Russia / Comp. O. M. Kozyr and A. L. Makovsky. – M.: Statut, 2008. – P. 18-34.
6. Dozhdev D. V. Grounds for the protection of possession in Roman law / Institute of State and Law of the Russian Academy of Sciences. – M., 1996. – 238 p.
7. Lorenz D. V. The owner’s will to withdraw real estate from his possession: in the context of vindication // Russian judge. – 2020. – No. 7. – P. 9-15.
8. Malbin D. A. Real estate as an object of recovery in a vindication claim // Russian Law Journal. – 2022. – No. 5. – P. 55-65.
9. Morgunov S. V. Vindication in civil law. Theory. Problems. Practice. – M.: Statut, 2006. – 301 p.
10. Podshivalov T. P. Negatory claim: problems of theory and practice: monograph. – M.: Infotropic Media, 2019. – 340 p.
11. Rudokvas A. D. Commentary on certain provisions of the Resolution of the Plenum of the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation of April 29, 2010 No. 10/22 “On certain issues arising in judicial practice in resolving disputes related to the protection of property rights and other property rights” in light of the upcoming reform of the Civil Code of the Russian Federation // Bulletin of the Supreme Arbitration Court of the Russian Federation. – 2010. – No. 7. – P. 68-69.
12. Rybalov A. O. Ownership rights (commentary to Article 209 of the Civil Code of the Russian Federation). – M., 2017. – 96 p.
13. Sklovsky K. I. Everyday Civil Law. – M.: Statut, 2017. – 288 p.
14. Sklovsky K. I. Application of Property Law. Difficult questions. – M., 2016. – 208 p.
15. Sklovsky K. I. Transaction and ownership // Bulletin of Economic Justice of the Russian Federation. – 2015. – No. 5. – P. 51-62.
16. Sukhanov E. A. Property law: scientific and educational essay. – M.: Statut, 2017. – 560 p.
17. Erdelevsky A. M. On the protection of property rights to real estate // Business and Law.– 2007. – No. 2. – P. 92-96.
CIVIL LAW
KAZAKEVICH Kirill Sergeevich
postgraduate student of the Moscow Financial and Industrial University “Synergy”
GROUNDS FOR CHALLENGING TRANSACTIONS OF AN INSOLVENT DEBTOR
This article is dedicated to the analysis of issues related to the grounds for challenging transactions of an insolvent debtor. The study examined the main legal aspects of the debtor’s insolvency problem, and also examined the regulations governing the procedures for challenging transactions. The article examines judicial practice and theoretical aspects of the problem, and also offers recommendations for improving legislation in this area.
Keywords: transactions, bankruptcy, insolvency, debtor, invalid transactions.
Bibliographic list of articles
1. Beknzar-Yuzbashev G. T. Abuse of law and the principle of good faithinform in the civil law of Russia and Germany: author’s abstract. dis. … candidate of legal sciences. – Moscow, 2020. – 26 p.
2. Durnovo N. A. Abuse of law as a special type of legal behavior: author’s abstract. dis. … candidate of legal sciences. – Nizhny Novgorod, 2022. – 28 p.
3. Nikolaev A. Limitation period for challenging the debtor’s transactions // EZh-Yurist. – 2016. – No. 8. – P. 8-14.
4. Vasilyeva A. The ratio of general civil and bankruptcy grounds for invalidity of transactions: courts in search of a balance // Legal work in a credit institution. – 2022. – No. 2 (64). – pp. 54-64.
CIVIL LAW
MINACHEV German Renatovich
student of the Far Eastern Federal University, Vladivostok
KUTDUSOVA Anastasiya Valerjevna
student of the Far Eastern Federal University, Vladivostok
>BONDAREVA Olga Yurjevna
student of the Far Eastern Federal University, Vladivostok
LEGAL REGULATION AND PROBLEMS OF ALIENATION OF SHARES AND SHARES IN THE AUTHORIZED CAPITAL OF BUSINESS ENTITIES: LEGISLATION AND JUDICIAL PRACTICE
The article is dedicated to the study of legal regulation and topical issues related to the alienation of shares and shares in the authorized capital of business entities. The provisions of the current legislation are considered and judicial practice on issues of compliance with the preferential rights of participants (shareholders) is analyzed. Special attention is paid to alienation procedures and possible abuses when using gratuitous and reimbursable transactions to circumvent the rules on pre-emptive right. The author offers a classification of the main problems and puts forward proposals for improving legal regulation in order to prevent abuse and protect the interests of participants in business companies.
Keywords: corporate law, alienation of shares, alienation of shares, authorized capital, business entities, pre-emptive law, judicial practice, sham transactions, legislation.
Article bibliographic list
1. Maksurov A. A. Piercing the corporate veil. Why it doesn’t work in Russia and how to fix it // Corporate lawyer. – 2019. – No. 10. – P. 16-23.
2. Remizova AV Transfer of a share in the authorized capital of a limited liability company by way of hereditary succession: Abstract of a Cand. Sci. (Law) Dissertation. – M., 2013. – P. 12-18
3. Remizova AV The concept of the legal nature of a share in the authorized capital of a limited liability company in light of the reform of civil legislation // Economy and Management: Current Problems of Reform: Collection of scientific articles following the results of the International Scientific and Practical Conference, Volgograd, April 25-26, 2012 / Ed. by D.Sc. (Econ.), prof. I.E. Belskikh, D.Sc. (Econ.), prof. I.M. Kublina. – Volgograd: Volgograd Scientific Publishing House, 2012. – P. 19-21.
4. Maksurov A. A. Procedural issues of alienation of shares and stakes of business entities // Russian Journal of Legal Research. – 2020. – No. 1. – P. 54-59.
5. Stepanov D. I. Freedom of contract and corporate law // Civil law and modernity: a collection of articles dedicated to the memory of M. I. Braginsky / Ed. V. N. Litovkin, K. B. Yaroshenko. – M., 2016. – pp. 314-398.
CIVIL LAW
MYAGKOVA Elvira Valerjevna
postgraduate student of Civil law sub-faculty of the A. A. Khmyrov Faculty of Law of the Kuban State University, lecturer of International law sub- faculty of the North Caucasian branch of the Russian State University of Justice Krasnodar
“GREENING” OF CIVIL LEGISLATION: THE EXPERIENCE OF SPECIFIC FOREIGN COUNTRIES AND PROSPECTS FOR DEVELOPMENT IN RUSSIA
The author in the article attempts to search for means and method to achieve environmental safety through the modernization of Russian civil legislation. The author throughout the example of foreign jurisdictions (People’s Republic of China, France Republic) identifies and shows a tendency towards introducing principles aimed at environmental stability into civil law norms. Within the example of the “green” principle of the Civil Code of the People’s Republic of China, the author demonstrates valuable experience in incorporating environmental standards into the body of the law of obligations and also makes a proposal for transferring the experience of “greening” the law of obligations into the civil law of Russia. The French experience of introducing environmental standards into the sphere of tort relations leads the author to the conclusion about an effective method of civil liability for damage to the environment. In conclusion of the presented study the author underlines the necessity to modernize the civil legislation of Russia in favor of including “green” rules of law both in the sphere of cakesand in the sphere of obligatory legal relations.
Keywords: ecology, “greening” of civil legislation, subject of environmental law, principles of civil law, «green» principle, tort law, law of obligations.
Bibliographic list of articles
1. Alekseev S.S. The structure of Soviet law. Moscow, 1975. Pp. 38-40.
2. Anisimov A.P. Environmental law of Russia. Moscow: Yurait Publishing House, 2024. Pp. 24.
3. Bogolyubov S.A. Potential of environmental norms of the Constitution of Russia // Journal of Russian Law. 2018. No. 5 (257). Pp. 16-25.
4. Bogolyubov S.A., Suleimenov M.K. Environmental law is an integrated industry. Problems of the Theory of Environmental Law: Dialogue // Environmental Law. 2014. No. 4. P. 32-38.
5. Ecology. Legal Encyclopedic Dictionary. Ed. by prof. S. A. Bogolyubov. Moscow: Norma, 2000. P. 126.
6. Golichenkov A. K. Environmental Legislation of Russia: Concept, Status, Development. Environmental Law of Russia at the Turn of the 21st Century: A Collection of Scientific Articles by Lecturers and Postgraduate Students of the Department of Environmental and Land Law, Faculty of Law, Moscow State University. M. V. Lomonosov, dedicated to the memory of Professor V. V. Petrov: M.: Zertsalo, 2000. S. 36.
7. Kozhevnikov A. Yu., Lindberg T. D. Wisdom of Ancient Greece and Rome: M.: OLMA Media Group, 2013. S. 163.
8. Petrov V. V. Environmental Law of Russia: textbook. M.: Beck, 1995. S. 557.
9. Simonenko E. S. “Green Principle” in the New Codified Legislation of the People’s Republic of China: Its Prerequisites and Development Prospects. Perm Legal Almanac. 2022. No. 5. S. 224.
10. Shchennikova L. V. Patterns of Formation of the Principles of Property Law in the Legislation of the Countries of the World. Society and Law. 2019. No. 1 (67). P. 133
11. Ouyang Jie Unleashing the Green Principle in the Chinese Civil Code: Embedding Private Law into the Green Transition (October 18, 2023). Journal of European Consumer and Market Law, Volume 12, Issue 5 (2023). pp. 203-208, Available at SSRN. [Electronic resource]. – Access mode: https://ssrn.com/abstract=4618657 (date of access: 06/01/2024).
CIVIL LAW
NOSKOVA Yuliya Andreevna
postgraduate student of the Ulyanovsk State University
THE FORM OF THE VEHICLE RENTAL AGREEMENT
The relevance of the article is provided by the study of issues related to the rental of vehicles and its form such as the conclusion of a contract. The article discusses the features of the types of lease agreements, both with and without a crew, characteristic features and a new subspecies of the “carsharing” agreement. The relationship between the legal accuracy of the provisions of the contract and its possible challenge in court has been established. Problematic issues in the implementation of its legal regulation have been identified and the need to fix the standard form of transport rental in legislation has been proven.
Keywords: rent, legislation, carsharing, vehicle, contract form.
Article bibliography
1. Stadnik V.V., Tsukanov O.V. On the subject of the vehicle rental agreement // Notes of a scientist. – 2022. – No. 6. – P. 365-368.
2. Vakhitova G.R., Tayupova Yu.A., Akhmetova A.T. Civil law characteristics of vehicle rental agreements: concept, parties, subject, form, term and content of the agreement // Alley of Science. – 2017. – V. 1. No. 16. – P. 417-421.
3. Kuznetsova P. A. The relationship between the vehicle lease agreement and other types of civil law contracts // 25 years of the Civil Code of the Russian Federation: traditions and innovations in private law development. Proceedings of the international scientific and practical conference (with an element of the young scientist’s school). – 2019. – P. 383-388.
4. Kurteev A. V. Actual problems of the vehicle lease agreement // Synergy of Sciences. – 2023. – No. 82. – P. 504-513.
5. Boyarskaya Yu. N. Actual problems of legal regulation of the vehicle lease agreement in the context of digital transformation // Actual problems of society, economics and law in the context of global challenges. Collection of materials of the XXIV International scientific and practical conference. – St. Petersburg, 2023. – P. 251-256.
6. Asmandiyarov V. M., Santashov A. L. On the issue of the real or consensual nature of the vehicle lease agreement // Bulletin of the Academy of the Investigative Committee of the Russian Federation. – 2023. – No. 1 (35). – P. 93-97.
7. Ivanova A. A. Vehicle lease agreement // Forum of young scientists. – 2020. – No. 9 (49). – P. 35-37.
8. Boer A. A. Some problems of the content of the vehicle lease agreement // Law. Law. State. – 2019. – No. 2 (22). – P. 49-54.
9. Shabalatov A. V. Consideration by arbitration courts of disputes arising from the lease of vehicles // Innovations. Science. Education. – 2021. – No. 48. – P. 626-632.
10. BykovskayaE. A. Vehicle lease agreement: theory and practice of application // Bulletin of SUSPS: humanitarian research. – 2017. – No. 2. – P. 58-61.
11. Sufiyarova K. P. The problem of qualification of vehicle lease agreement // ExLegis: legal research. – 2019. – No. 1. – pp. 44-46.
CIVIL LAW
SOKOVICH Nikita Alexeevich
postgraduate student of the Moscow Financial and Industrial University “Synergy”
SELECTED FEATURES OF THE LEGAL REGULATION OF A CORPORATE AGREEMENT IN THE RUSSIAN FEDERATION
The article examines certain features of the legal regulation of a corporate agreement in the Russian Federation. The author examines current issues related to the lack of legal norms on corporate responsibility, which may affect the possibility of applying measures to violators of contracts within the framework of existing rules.
Keywords: corporate agreements, civil law, dispute resolution, collection of compensation.
Article bibliography
1. Klyachin A. A. Corporate agreement as a legal fact // Economy and Law. – 2021. – No. 12. – P. 210.
2. Varyushin M. S. Civil regulation of corporate agreements: comparative analysis: dis. … candidate of legal sciences. – Moscow, 2020. – P. 185.
3. Gribkova T. V. Shareholders’ agreements as a means of legal regulation of corporate relations: dis. … candidate of legal sciences. – M., 2019. – P. 190.
4. Khokhlov V. A. Corporate agreement as an organizational agreement of Russian law // Bulletin of the Volga University named after V. N. Tatishchev. – 2014. – No. 4 (81). – P. 240.
5. Guryev V. S. Shareholders’ agreements as a group of corporate agreements: dis. … candidate of legal sciences. – M., 2019. – P. 120.
6. Garmaev A. Russian law for joint ventures // EZh-Yurist. – 2014. – No. 38. – P. 190.
7. Borodkin V. G. Civil regulation of a corporate agreement: dis. … candidate of legal sciences. – M., 2018. – P. 204.
9. Zhelonkin S. S., Rogova Yu. V. Civil-law contract: individual issues of theory and practice: monograph. – St. Petersburg, 2021. – P. 410.
8. Lomakin D. V. Contracts on the exercise of rights of participants in business entities as a novelty of corporate legislation // Bulletin of the Supreme Arbitration Court. – 2020. – No. 8. – P. 184.
CIVIL LAW
CHEPURKO Artem Vadimovich
master’s degree in law, postgraduate student of the direction «5.1.3. Private law (civilistic) sciences” of the P. A. Stolypin International Institute of Informatization and Public Administration
SECURITY TRANSFER OF LEGAL TITLE AS UNNAMED MEAN OF ENSURING THE FULFILMENT OF OBLIGATIONS IN THE CIVIL LEGISLATION
Ensuring the fulfillment of obligations is one of the basic civil law instruments that allows economic entities to expect proper fulfillment by counterparties. Non-statutory ensuring the fulfillment of obligations, such as security transfer of legal title or security title transfer, are of particular interest for research. In this article, we will consider the concept of security title. The relevance of the topic of the study is due to the lack of direct legal regulation by Russian legislation on unnamed means to ensure the fulfillment of obligations.
Keywords: civil law, security transfer of legal title, fulfillment of obligations, ensuring the fulfillment of obligations, bail.
Article bibliography
1. Braginsky M. I., Vitryansky V. V. “Contract Law. General Provisions.” (Book 1) // Statute. – 2001. – P. 477.
2. Sarbash S. V. Security Transfer of Legal Title // Bulletin of Civil Law. – 2008. – No. 1.
3. Egorov A. V., Usmanova E. R. Pledge and Title Security: Theoretical and Practical Comparison of Designs // Bulletin of Civil Law. – 2014. – No. 4.
4. Zikun I. I. The design of title security in civil law: the main problems // Bulletin of civil law. – 2016. – No. 2.
5. Usmanova E. R. Title security of civil obligations. Dissertation for the degree of candidate of legal sciences. – P. 25 // On the rights of a manuscript https://izak.ru. Date 01.08.2024.
6. Vasilevskaya L. Yu. The doctrine of real transactions under German law. – M., 2004. – P. 182.
7. Beale H., Bridge M., Gullifer L., Lomnicka E. The Law of Personal Property Security. – Oxford, 2007. – P. 19, 177-178 @@ Goode R. Commercial Law. 3rd ed. – Oxford, 2004. – P. 709-713.
CIVIL PROCEDURE
LITVINTSEV Sergey Anatoljevich
postgraduate student of the Moscow Financial and Industrial University “Synergy”
FEATURES OF THE LEGAL STATUS OF A LAW YER IN CIVIL PROCEEDINGS
The article is devoted to the analysis of the peculiarities of the legal status of a lawyer in civil proceedings. Due to the increasing role and importance of the institution of legal representation in modern society, this article is especially relevant. The basic rights and duties of a lawyer, as well as his procedural position in the course of civil proceedings, are considered. Special attention is paid to such aspects as guarantees of the independence of a lawyer, his role in ensuring the competitiveness and equality of the parties, as well as the specifics of the lawyer’s implementation of the function of representing the interests of the principal. The article examines the legal mechanisms that ensure the effective participation of a lawyer-representative in civil proceedings, and suggests ways to improve legislation in this area, due to its bilateral status – organizational, legal and procedural. The methodological basis of the article is general scientific (logical, systematic and functional, induction, deduction, analysis and synthesis) and private law (formal legal, comparative legal) research methods. The article will be useful for practicing lawyers, researchers, as well as anyone interested in civil proceedings.
Keywords: lawyer, civil procedure, legal status, powers, responsibility, professional independence, ethical standards, legal regulation.
Article bibliography
1. Voronov A. A. The role of the Bar in the implementation of the constitutional right to qualified legal assistance: author’s abstract. dis. … candidate of legal sciences. – M ., 2008. – P. 6.
2. Galaganov A. P. Legal status of a lawyer and forms of its implementation // Law and states: theory and practice. – 2011. – No. 10 (82). – P. 75 -85. [Electronic resource]. – Access mode: https://www.elibrary.ru/item.asp?id=17068389 (date of access: 23.03.2024).
3. Federal Law of 31.05.2002 No. 63-FZ (as amended on 24.07. .2023) “On Advocacy and the Bar in the Russian Federation” // Collection of Legislation of the Russian Federation. – 2002. – No. 23. – Art. 2102.
4. “Civil Procedure Code of the Russian Federation” dated 11/14/2002 No. 138- Federal Law (as amended on 25.12.2023, as amended on 25.01.2024) // Collected Legislation of the Russian Federation. – 2002. – No. 46. – Art. 4532.
5. Kiryanov A. Yu. Advocacy as a subject of non-state control // Advocacy practice. – 2019. – No. 2. – P. 12-16.
CIVIL PROCEDURE
MAGOMEDOV Gasan Guseynovich
magister student of the 2nd course, program profile: «problems of financial and arbitration procedural law» of the Dagestan State University, Makhachkala
NURBALAEVA Aminat Magomedovna
Ph.D. in Law, associate professor of Civil process sub-faculty of the Dagestan State University, Makhachkala
COMPARATIVE ANALYSIS OF REPRESENTATION IN CIVIL AND ARBITRATION PROCEEDINGS
The article examines procedural representation in civil and arbitration proceedings , highlighting significant overlaps between these areas. The main elements that form these categories are regulated not only by the Civil Procedure Code of the Russian Federation and the Arbitration Procedure Code of the Russian Federation but also by other legislative acts. The article considers the delegation of representative authority, regulated by civil law norms applicable in both types of proceedings. Procedural representation is described as a system of actions, relationships, and as a distinct legal institution. Issues of terminological ambiguity and the impact of precise terminology on the development of procedural law are emphasized. The normative regulation of representation, its universality and effectiveness in protecting citizens’ rights, and the differences in implementation in civil and arbitration processes are analyzed.
Keywords: procedural representation, civil proceedings, arbitration proceedings, civil Procedure Code, arbitration Procedure Code, delegation of authority, legal and contractual representation.
Article bibliographic list
1. Civil Procedure Code of the Russian Federation of 14.11.2002 No. 138-FZ (as amended . from 06.04.2024, as amended from 04.06.2024) // Rossiyskaya Gazeta. – No. 220. – 20.11.2002.
2. Arbitration Procedural Code of the Russian Federation” dated 24.07.2002 No. 95-FZ (as amended on 29.05.2024) // Collection of Legislation of the Russian Federation. – 29.07.2002. – No. 30 . – Art. 3012.
3. Kasatkina E. A. Participants in the arbitration process. Representation in the arbitration process // Arbitration process: workshop. – Vladimir: Vladimir Law Institute of the Federal Penitentiary Service, 2019. – P. 13-16 .
4. Ruzaev E. P. Representation in civil proceedings and its types // Postulate. – 2022. – No. 6 (80). – P. 15-19.
5. Ryabova O. A. On the issue of professional representation in Russian civil proceedings // Social Science and Social Psychology.- 2022. – No. 12-2 (42). – P. 894-899.
6. Kharchenko M. A. Representation in arbitration proceedings // Modern research in higher education – 2024: Collection of articles from the International scientific and practical conference, Petrozavodsk, February 27, 2024. – Petrozavodsk: International Center for Scientific Partnership “New Science” (IP Ivanovskaya I. I.), 2024. – P. 18-21.
CIVIL PROCEEDINGS
RYCHAGOVA Oksana Evgenjevna
Ph.D. in Law, associate professor of Civil law sub-faculty of the Siberian University of Consumer Cooperatives, Novosibirsk
ON THE ISSUE OF THE TASKS OF UNIONS OF CONSUMER SOCIETIES IN THE ASPECT OF PROTECTING THE RIGHTS OF MEMBERS OF CONSUMER SOCIETIES
The article substantiates the necessity and prospects of legislative endowment of unions of consumer societies with the authority to enter into trouble in various procedural statuses to protect the rights of shareholders. It is suggested that it is possible to legislatively establish a mandatory pre-trial procedure for resolving a dispute between subjects of internal relations of consumer cooperation by unions of consumer societies.
Keywords: consumer cooperation, unions of consumer societies, protection of the rights and legitimate interests of shareholders, pre-trial settlement of disputes, procedural status of consumer cooperation unions.
Article bibliography
1. On consumer cooperation (consumer societies, their unions) in the Russian Federation: Law of the Russian Federation of 19.06.1992 No. 3085-1.
CIVIL PROCEEDINGS
ELMURZAEV Asoltan Valerjevich
Ph.D. in Law, associate professor, associate professor of Civil law sub-faculty of the Hero of the Russian Federation, Army General E. N. Zinichev St. Petersburg University of the State Fire Service of the Ministry of Emergency Situations of Russia
KHAMAIKO Evgeniy Sergeevich
student of the Hero of the Russian Federation, Army General E. N. Zinichev St. Petersburg University of the State Fire Service of the Ministry of Emergency Situations of Russia
CORRESPONDENCE PROCEEDINGS IN CIVIL PROCEEDINGS
The article is devoted to the analysis and consideration of the institution of correspondence production in various time categories. Special attention is paid to issues related to the defendant’s non-appearance. In the course of the work, a study of current civil procedure legislation was conducted, as well as various points of view on the problem of applying this institution in practice were studied. Judicial practice and statistics were studied to confirm the significance and relevance of the application of the procedure of absentee consideration of a case in court. Based on the data obtained, proposals were made to improve the existing norms governing this institution. One of the proposals is the possibility of considering the case in absentia with the participation of a third party who makes independent claims, even in the absence of the plaintiff and the defendant. All these aspects helped to cover the topic more fully and provide a thorough overview of the institution of correspondence proceedings and its impact on the trial.
Keywords: civil procedure, civil proceedings, correspondence proceedings, procedural law, defendant.
Article bibliography
1. The Constitution of the Russian Federation (adopted by popular vote on 12.12.1993 with amendments of 04.10.2022) // Official Internet portal of legal information (www.pravo.gov.ru) dated October 6, 2022.
2. The Civil Procedure Code of the Russian Federation dated 14.11.2002 No. 138-FZ (as amended on 25.12.2023, as amended on 06.04.2024) // Collected Legislation of the Russian Federation. 18.11.2002. – No. 46. – Article 4532.
3. Judicial decision of the Tuapse District Court of Krasnodar Krai in case No. 2-164/2017 // Judicial and regulatory acts of the Russian Federation. – [Electronic resource]. – Access mode: http://sudact.ru/regular/doc/JQtlFbCjgEYq / (date of access: 30.05.2024).
4. Duben A.K. Institute of absentee proceedings in civil proceedings: essence and meaning // Colloquium-Journal. – 2019. – No. 24-9 (48). – P. 12-14.
5. Polygalova E. V., Belous V. A., Vershinina G. I. Actual problems of absentia proceedings in civil proceedings // Study of the innovative potential of society and formation of directions of its strategic development: collection of scientific articles of the 9th All-Russian scientific and practical conference with international participation. In 3 volumes, Kursk, December 30, 2019 / Editor-in-chief A. A. Gorokhov. Volume 3. – Kursk: South-West State University, 2019. – P. 71-76.
6. Skachkov N. S. Problems of absentia proceedings in civil proceedings // Epomen. Global. – 2019. – No. 1. – pp. 91-97.
FAMILY LAW
KOSTINA Elina Stanislavovna
student of the professional retraining program “Jurisprudence” of the V. N. Tatishchev Astrakhan State University
FAMILY AND INHERITANCE DISPUTES AND THEIR CONSEQUENCES FOR THE ACTIVITIES OF THE CORPORATION
The article considers the problem of corporations’ recovery from crisis when family and inheritance disputes arise. Typical conflict situations in family companies. Competence in conflicts. As well as options for resolving family and inheritance dispute situations. Research shows that family businesses perform better than non-family businesses, but the empirical evidence on this issue is contradictory, making it difficult to generalize the results due to differences in definitions and company size. Crises in the corporate environment are characterized by unplanned threats to the existence of the company, which may arise both internally and externally. A corporate crisis challenges the viability of a business and can lead to its destruction. While family businesses are typically associated with crisis resilience, prolonged conflicts can threaten their existence, creating a destructive dynamic .
Keywords: corporations, family businesses, corporate crisis, settlement of family and inheritance disputes, protection of company interests.
Article bibliography
1 . Barkov A. V., Grishina Ya. S. A look at the legalization of family entrepreneurship through the prism of social and entrepreneurial lawmaking experience // Family business in the legal space of Russia: monograph / Ed. I. V. Ershova, A. N. Levushkin. – M.: Prospect, 2020. – P. 33-44.
2. Afanasyeva E. G. Penetration of family relations into corporate ones // Social and humanitarian sciences. Domestic and foreign literature. Series 4. State and Law: Abstract Journal. – 2020. – No. 2. – P. 122-126.
3. Thomas K. W., Kilmann R. H. Thomas – Kilmann conflict mode instrument / XICOM. – 1990. – R. 4.
4. Pronina D. V. Current issues of inheritance of shares in a limited liability company // Law. Society. State. Collection of scientific papers of students and postgraduates / Ed. E. . V. Trofimova. St. Petersburg, 2021. – P. 140-143.
5. Fedorova Yu. L. Problematic issues of inheritance of corporate rights in joint-stock companies and limited liability companies // Scientific interdisciplinary research. – 2021. – No. 4. – P. 336-341.
6. Rodnova O. M. Share in the authorized capital as an object of inheritance // Problems of civil law and process. – 2018. – No. 8. – P. 72-83.
7. Chirkaev S. A. Will as a transaction and as a basis for inheritance // Bulletin of the Saratov State Law Academy. – 2017. – No. 5 (118). – P. 140-149.
8. Skorodumova P. A. Limitation by the charter of a limited liability company of the heir’s ability to become a participant // Socio-economic sciences and humanitarian research / Ed. S. S. Chernov. – M., 2017. – P. 145- 150.
9. Sitdikova L. B. Inheritance of corporate rights // Inheritance law. – 2019. – No. 1. – P. 7-11.
10. Kharin V. I. Problems of trust management of shares in the authorized capital capital of the company, which is part of the inheritance mass // Questions of Russian justice. – 2022. – No. 17. – P. 442-456.
11. Avanesyan D. A., Manukyan A. A. Actual problems of inheritance of rights related with participation in joint-stock companies // Science Bulletin. – 2020. – No. 1 (22). – C. 56-63.
INHERITANCE
PLEKHANOVA Olesya Igorevna
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Baikal State University, Irkutsk; member of the Expert Council under the Commissioner for Children’s Rights of the Irkutsk Region
INHERITANCE BY RIGHT OF REPRESENTATION: ANALYSIS OF JUDICIAL PRACTICE
The article discusses the features of inheritance by right of representation. The article examines the hereditary rights of heirs related to the right of representation in the context of modern jurisprudence. Using specific examples of judicial practice, the author notes the problem associated with inheritance by distant relatives. It is concluded that it is necessary to further develop the institution of inheritance by right of representation by expanding at the legislative level the circle of persons-heirs who have blood-related ties with the testator, in order to protect their property rights.
Keywords: inheritance, heirs, subjects of inheritance, inheritance by law, the right of representation.
Article bibliography
1. Kornakova S. V. On the issue of the principle of justice // Siberian criminal procedure and forensic readings. – 2014. – No. 2 (6). – P. 64-70.
2. Belkova E. G. Status of the subject of law // Izvestiya IGEA. – 2007. – No. 1 (51). – P. 44-47.
3. Vinichenko Yu. V. On the issue of reasonableness in the context of the problem of individual legal regulation // Izvestiya IGEA. – 2011. – No. 6. (80). – pp. 175-178.
LABOR LAW
MASLO Yuliya Vladimirovna
student of the Far Eastern Federal University, Vladivostok
KIM Evgeniya Fedorovna
lecturer at the Far Eastern Federal University, Vladivostok
BIOMETRIC DATA: CONSIDERATION OF LEGAL DISPUTES BETWEEN AN EMPLOYEE AND AN EMPLOYER
This article discusses issues related to the use of biometric data in the framework of employment relations. The author examines the decree of the Government of the Russian Federation, court rulings on the topic of what relates to biometric data. The article analyzes the litigation between employees and employers provoked by the collection, storage and processing of biometrics. Special attention is paid to the legal aspects of the use of biometric data. The author analyzes the legislation in this area, examines the norms governing the collection, storage and processing of biometric data.
Keywords: biometric data, regulations, biometric data processing, judicial practice.
Article bibliography
1. Aliyev R. I. Biometric systems for monitoring and recording working time: problematic aspects // Problems of modern legislation of Russia and foreign countries: Materials of the XI International scientific and practical conference, Irkutsk, September 5, 2022 / Responsible. editor A. M. Bychkova. – Irkutsk: Irkutsk Institute (branch) of VSUJ (RPA of the Ministry of Justice of Russia), 2022. – P. 7-10.
2. Nazarova V. L., Shesteryakova I. V. Features of collecting biometric personal data of an employee in labor relations // Scientific achievements in the 21st century: modernization, innovation, progress: Collection of scientific papers based on the materials of the V International Scientific and Practical Conference, Anapa, July 01, 2022. – Anapa: Limited Liability Company “Research Center for Economic and Social Processes” in the Southern Federal District, 2022. – P. 75-80.
3. Novikova Yu. A. Categories of personal data of employees // Labor law issues. – 2024. – No. 1. – P. 22-29. – DOI 10.33920/pol-2-2401-03.
4. Petrov S. K., Makekadyrova A. S. Biometric technologies and their application in retail enterprises // Financial markets and banks. – 2021. – No. 4. – P. 141-146
5. Sapphire A. A. Classification of personal data of employees and requirements for their processing by employers // Points of scientific growth: at the start of the decade of science and technology: Proceedings of the annual scientific and practical conference of teachers on the results of R&D for 2022, Krasnodar, May 12, 2023. – Krasnodar: Kuban State Agrarian University named after I. T. Trubilin, 2023. – P. 955-957.
PUBLIC LAW
KOZYRSKIY Dmitriy Alexandrovich
senior lecturer of the Volgograd branch of the G. V. Plekhanov Russian University of Economics
LEGAL REGULATION OF THE BALANCE OF INTERESTS IN RUSSIAN LEGISLATION ON INSOLVENCY (BANKRUPTCY) OF 2024
The article analyzes changes in the legislation on insolvency (bankruptcy) adopted in 2024. The emphasis is on determining the meaning of legal innovations, the legal consequences of changes for participants in the legal relations of insolvency (bankruptcy) and predicting the consequences of regulatory changes for publicly legal relations.
Keywords: bankruptcy legislation, bankruptcy, arbitration court, creditor, debtor, arbitration manager.
arbitration court, unloading the judicial system, and measures to simplify some procedural aspects will reduce the duration of judicial procedures, accelerating their completion.
Article bibliography
1. Serka T. V. Specifics of the institution of insolvency (bankruptcy) of individuals // Legal policy and legal life. – 2024. – No. 1.
2. Zakharov A. V. Special grounds for challenging transactions in bankruptcy and their consequences. From the property theory of challenging transactions in bankruptcy to the obligatory theory // Education. Science. Scientific personnel. – 2024. – № 2.
3. Vtyurin V. D. Problems of applying offset in case of recognition of the transaction of an insolvent debtor as invalid // Law and Right. – 2024. – № 6.
4. Potapenko N. S. Public and private law aspects of the institution of insolvency (bankruptcy) // Essays on the latest cameralistics. – 2024. – № 1.
FINANCIAL LAW
EVSIKOVA Elena Vitaljevna
Ph.D. in Law, associate professor, associate professor of Administrative and financial law sub-faculty, Head of the Department for Organization of Scientific and Editorial and Publishing Activities of the Crimean branch of the Russian State University of Justice, Simferopol, Honored Lawyer of the Republic of Crimea
SHKLYAR Tatyana Alexandrovna
Deputy Chairman of the Supreme Court of the Republic of Crimea, Ph.D. in Law, associate professor of Administrative and financial law sub-faculty of the Crimean branch of the Russian State University of Justice, Simferopol
BUTS Sergey Borisovich
lecturer of Administrative and financial law sub- faculty of the Crimean branch of the Russian State University of Justice, Simferopol
THE LEGAL STATUS OF PRE-VERIFICATION ANALYSIS IN THE CONTEXT OF PUBLIC FINANCIAL CONTROL
The article attempts to conduct a scientific study of the theoretical aspects and problems of the implementation of legal relations in the field of public financial control by conducting a pre-verification analysis. The authors study and reveal the essence and content of the category “pre-verification analysis”, study the problems of its implementation by regulatory authorities. The advantages and disadvantages of pre-verification analysis and its place in the system of public financial control are investigated, scientifically based proposals for solving the identified problems are put forward.
Keywords: public financial control, tax control, pre-verification analysis, tax audit, digitalization.
Article bibliography
1. Evsikova E. V., Buts S. B. Ensuring the security of financial legal relations in the context of digital transformation financial control // Eurasian Law Journal. – 2024. – No. 3 (190). – P. 269-271.
2. Evsikova E. V. Public financial control in the context of digital transformation (theoretical and legal aspect) // Scientific notes of the Crimean Federal University named after V. I. Vernadsky. Legal sciences. – 2023. – T. 9 (75). № 3. – P. 224-236.
3. Pogorzhelskaya N.V. The essence of financial control in the context of digital transformation // manager. – 2023. – № 4 (106). – P. 69-76.
4. Tsindeliani I. A., Guseva T. A., Izotov A. V. Improving tax control in the context of digitalization // Law enforcement. – 2022. – Vol. 6. No. 1. – P. 77-87.
5. Krasyukov A. V. Pre-audit analysis as a new type of tax audit // Financial law. – 2018. – No. 1. – P. 44-46.
6. Vasyanina E. L. Tax administration and tax control: problems of implementation, development prospects // Legal policy and legal life. – 2022. – No. 2. – P. 160-169.
7. Masalskaya M. V., Mishanova E. V., Rozhkova N. V. Pre-audit analysis as a tool for forecasting on-site tax audits of penal institutions and its improvement / / Bulletin of the Financial University. – 2017. – Vol. 21 (2). – P. 44-50.
8. Komarova G. P., Zmanovskaya O. V. On the issue of the concept of “other control measures”. / / Baikal Research Journal. — 2019. — V. 10. No. 1. — DOI: 10.17150/2411-6262.2019.10(1).7.
9. Ovcharova E. V. Methods of Ensuring the Effectiveness of Administrative Coercion in the Mechanism of Legal Regulation of Taxation and Fees / / Administrative law and procedure. – 2019. – No. 12. – pp. 19-28.
FINANCIAL LAW
NECHEPAEV Nazar Andreevich
master’s degree of Financial law sub-faculty of the Faculty of Law of the M. V. Lomonosov Moscow State University
NON-TAXABLE MINIMUM IN THE PERSONAL INCOME TAX SYSTEM
The article deals with the non-taxable minimum in the system of personal income tax. In the light of striving for equality in taxation, the issues concerning the non-taxable minimum income become relevant.
The author characterizes the concept of net income and the resulting net income principle. All components of the net-income principle are analyzed and it is concluded that the non-taxable minimum is a unique and self-sufficient component of the net-income principle, the role of which is to ensure the satisfaction of the most important human needs . The author determines the place of the non-taxable minimum in the legal composition of income tax. The results of the analysis allow us to determine the position occupied by the non-taxable minimum in the system of personal income tax.
Keywords: non-taxable minimum income, income tax, net income principle, net income, tax benefit, exemptions, discounts, exemptions.
Article bibliography
1. Solovieva N. A. Non-taxable minimum for personal income tax: myth or reality? // Taxes. 2011. No. 6. P. 22-25.
2. Liza Picard, «Dr Johnson’s London», 2000, St Martin’s Press. 362 p.
3. Smith A. An Inquiry into the Nature and Causes of the Wealth of Nations. M.: Eksmo, 2007. 1056 p.
4. Tax law. Special part: textbook for universities / Edited by S. G. PepeLyaeva. M.: Education, 2017. 736 p.
5. Sibotina I. V. Standard tax deductions as financial instruments of social legal protection of disabled persons // Law and Economics. 2010. No. 6. Pp. 38-44.
6. Shchekin D. M. New challenges facing Russia and the response to them in tax policy // Law. 2022. No. 11. Pp. 18-29.
7. Shchekin D. M. Balance of public and private interests in tax law. Abstract of the dissertation for the degree of Doctor of Law. M., 2023. 60 p.
8. Gromov V. V. Non-taxable minimum in the design of personal income tax: experience and prospects // Taxes. 2021. No. 2. P. 3-8.
9. Malko A. V. Incentives and restrictions in law. M., 2003. 248 p.
10. Zaripov V. M. Concept and structure of tax benefits // Tax expert. 2012. No. 10.
11. Tax law: textbook for universities / Ed. S. G. Pepeliaev. М.: Альпина Паблишер, 2015. 796 с.
ФИНАНСОВОЕ ПРАВО
ALEKHIN Vladislav Anatoljevich
postgraduate student of Financial law sub-faculty of the O. E. Kutafin Moscow State Law University (MSAL)
PROBLEMS OF LEGAL REGULATION OF FINANCING THE PROVISION OF HIGH-TECH MEDICAL CARE USING BIOMEDICAL TECHNOLOGIES AT THE EXPENSE OF PUBLIC FINANCES
Due to the absence in the legislation of the Russian Federation of a systematic understanding of what kind of medical care is considered high-tech, in practice problems arise related to the financing of such medical care at the expense of the federal budget, the budget of a constituent entity of the Russian Federation, and compulsory health insurance funds. This problem is expressed in the inability to clearly define the purposes for spending funds from a particular budget, which leads to financial violations, in particular, to the misuse of budget funds. At the same time, there is an urgent question about classifying the use of biomedical technologies in medical activities as high-tech medical care and its financing from public finances.
Keywords: high-tech medical care, biomedical technologies, compulsory health insurance, inappropriate spending of budget funds, inappropriate spending of compulsory health insurance funds, public finance.
Article bibliography
1. The Large Explanatory Dictionary of the Russian Language; ed. S. A. Kuznetsov. – St. Petersburg: Norint; Moscow: Ripol classic, 2008. – 1534 p.
2. Genetic technologies and law during the formation of bioeconomics: monograph / Responsible. ed. A. A. Mokhov, O. V. Sushkova. – M .: Prospect, 2020 .– 632 p.
3. Kravchenko N. V., Trufanova A. Yu. Legal regulation of the bioprinting process: problems and development prospects in the Russian Federation // Actual problems of state and law. – 2023. – No. 27. – P. 413-421.
4. Mokhov A. A. Medical biotechnology and law // Gaps in Russian legislation. – 2008. – No. 2. – P. 455-456.
5. Starovoytova O. E., Starovoytov V. N. On the issue of legal regulation of biomedical technologies // NAU. – 2020. – No. 52-1 (52). – pp. 61-64.
BUSINESS LAW
SIRAZEEV Ravil Rashidovich
Head of the Department of Strategic Planning and Economic Development of the Government of the Moscow Region
THE FEATURES OF INTERBRANCH LEGAL MEANS OF SUPPORTING SMALL AND ME DIUM-SIZED BUSINESSES
The article reveals the features of interbranch legal instruments for supporting small and medium-sized businesses. The influence of public-law means of support on private-law property relations involving entrepreneurs is determined. The interbranch nature of the support implementation mechanism is substantiated. Elements and specifics of individual types of legal means with an inter-sectoral structure are highlighted. In the context of the analysis of tax support, the problem of business fragmentation is noted. The need to systematize financial and legal means of supporting small businesses in order to increase their investment attractiveness and expand the forms of participation in digital trade is substantiated. The role of preventive legal instruments relating with application of liability is emphasized. The prospects of a value-oriented approach in influencing the business environment are outlined. In conclusion, the author puts forward the idea of the need for renewal of the concept of small and medium-sized entrepreneurship development based on the interbranch balance.
Keywords: small and medium-sized businesses, SMEs, legal instruments, support means, interbranch legal means, private legal means, public legal means, tax legal means, financial legal means, financial technologies, liability, legal incentives and restrictions.
Article bibliographic list
1. Artamonov A . N. On the legal nature of warning // Bulletin of Bryansk State University. – 2019.– No. 3 (41). – P. 131-135.
2. Barkov AV, Kiselev AS On improving the social contract as a legal means of developing family entrepreneurship // Civil law. – 2023. – No. 3. – P. 2-6.
3. Bezugly EA, Tkachenko VV, Mikhailikov VL Measures of state support for Russian entrepreneurship in the context of sanctions // Public and municipal administration. Scientific notes. – 2022. – No. 3. – P. 92-97.
4. Borisova AM The concept of the financial and legal mechanism of state support for small and medium-sized businesses in the constituent entities of the Russian Federation // Agrarian and land law. – 2020. – No. 6 (186). – P. 123-126.
5. Vasilyeva O. N., Keshishyan T. S. Features of bringing small and medium-sized businesses to administrative responsibility // Legal Bulletin. – 2022. – Vol. 7. No. 2. – P. 47-55.
6. Volkov A. V., Blinkov O. E. Business fragmentation: legal problems // Bulletin of Perm University. Series: Legal Sciences. – 2019. – Issue. 44. – P. 261-280.
7. Lyannoy G. G. Administrative barriers hindering the development of small and medium-sized businesses // Society and Law. – 2024. – No. 1 (87). – P. 49-54.
8. Mamonov P. S. Legal regulation of the activities of small and medium-sized businesses: theory and practice // Bulletin of the Nizhny Novgorod University named after N. I. Lobachevsky. – 2017. – No. 6. – P. 108-113.
9. Intersectoral relations of civil law (on the 50th anniversary of the birth of Doctor of Law, Professor M. Yu. Chelyshev): Liber Amicorum / Ed. D. Kh. Valeev. – M .: Statut, 2021. – 692 p.
10. Mikhailov A. V. General issues of the effectiveness of legal regulation of entrepreneurial relations // Modern problems of legal science and law enforcement practice: Collection of scientific papers / Under the general editorship of O. A. Zayachkovsky. – Kaliningrad: Immanuel Kant Baltic Federal University, 2018. – P. 75-80.
11. Murashova E. V., Yan Ts. Digital transformation as a source of exit from the crisis of small and medium-sized businesses in China // Bulletin of the Pacific National University. – 2022. – No. 1 (64). – P. 103-112.
12. Rymareva A. V. Main directions of state support for small and medium-sized businesses in China // Economic research and development. – 2023. – No. 3. – P. 59-68.
13. Sapun V. A. Theory of legal means and mechanism of implementation of law: author’s abstract. dis. … doctor of law. sciences. – Nizhny Novgorod, 2002. – 49 p.
14. Sirazeev R. R. On the content of the category “support for small and medium-sized businesses”: civilistic aspect // Bulletin of Economics, Law and Sociology. – 2024. – No. 1. – P. 206-210.
15. Spektor A. A. Prospects for the development of state legal policy in relation to the regulation of entrepreneurial activity // Eurasian Law Journal. – 2023. – No. 2 (177). – P. 235-236.
16. Terkina D. The impact of digitalization on the development of small and medium businesses in China. – Electronic resource. – Access mode: https://russiancouncil.ru/analytics–and–comments/columns/asian–kaleidoscope/vliyanie–tsifrovizatsii–na–razvitie–malogo–i–srednego–biznesa–v–knr/, free (date of access: 15.07.2024).
17. Filippova S. Yu. Instrumental methodology of civilistic research: author’s abstract. dis. … doctor of law. – Moscow, 2016. – 57 p.
18. Chelyshev M. Yu. System of inter-branch relations of civil law: civilistic research: author’s abstract. dis. … doctor of law. – 2008. – 40 p.
19. Shikhverdiev A. P., Ponomarenko E. A., Vishnyakov A. A., Oganezova N. A. Public administration of support for small and medium-sized businesses in the ecosystems of the North and the Arctic: problems and prospects // Corporate governance and innovative development of the economy of the North: Bulletin of the Research Center for Corporate Law, Management and Venture Investment of Syktyvkar State University. – 2023. – Vol. 3. Issue 2. – P. 232-242.
COMMERCE LAW
ZHELEZNOV Rodion Viktorovich
Ph.D. in Law, senior lecturer of State and legal disciplines sub-faculty of the Kazan branch of the Russian State University of Justice
ABOUT THE FINANCIAL SECURITY OF INTERNATIONAL ORGANIZATIONS OF REGIONAL ECONOMIC INTEGRATION
Today, as a result of economic and political realities, Russia, Belarus and other countries are forced to reconsider their economic security policy. Especially in matters of protecting sovereign assets. This is also relevant in the context of interstate agreements. For example, not only the property of the central bank was subject to Western restrictions, but also the Russian-Kyrgyz Development Fund. All of the above creates conditions for deepening interethnic economic relations into integration associations. In particular, there is a discussion on the introduction of the EAEU currency, including digital currency. At the same time, such an expansionof integration is a challenge to the financial security of organizations, especially from fraudulent activities.
This article deals with the issues of ensuring the financial security of international organizations of regional economic integration on the example of the EAEU and BRICS from financial fraud. The proposals are based both on existing models of integration of political and economic associations for ensuring financial security, in particular the EU, and the author’s proposals.
Keywords: international trade, EAEU, BRICS, international legal regulation, Fraud, financial security, OLAF.
Article bibliography
1. Parliamentary newspaper. In Russia in 2023, 355 thousand cases of financial fraud were recorded. [Electronic resource]. – Access mode: https://www.pnp.ru/economics/v-rossii-v-2023-godu-zafiksirovali-355-tys-sluchaev-finansovogo-moshennichestva.html.
2. Interfax. The volume of funds stolen by fraudsters in 2023 increased to 15.8 billion rubles. [Electronic resource]. – Access mode: https://www.interfax.ru/russia/945907.
3. Crime and offenses in the Republic of Belarus. Belstat. 2023 [Electronic resource]. – Access mode: https://www.belstat.gov.by/upload-belstat/upload-belstat-pdf/oficial_statistika/2024/сrime_2024.pdf.
4. Fraudsters began to attack Kazakhstanis more often. [Electronic resource]. – Access mode: https://www.zakon.kz/obshestvo/6420270-moshenniki-stali-chashche-atakovat-kazakhstantsev.html.
5. Internet Service “Numbeo”. [Electronic resource]. – Access mode: https://www.numbeo.com/crime/
6. UN Report “Preventing, Detecting and Combating Fraud in United Nations System Organizations” 2016. [Electronic resource]. – Access mode: https://www.unjiu.org/sites/www.unjiu.org/files/jiu_rep_2016_4_russian.
LAND LAW
KLEVTSOV Maksim Ivanovich
postgraduate student of the I. S. Turgenev Oryol State University
TSIRKUNOV Mikhail Eduardovich
postgraduate student of the I. S. Turgenev Oryol State University
LEGAL REGULATION OF RELATIONS RELATED TO THE USE AND PROTECTION OF LANDS OCCUPIED BY CIVIL AND MILITARY GRAVES
The article is devoted to the analysis of the legal regulation of relations related to the use and protection of lands occupied by civil and military graves.
The article examines the conflicts of administrative and legal regulation of public relations related to the burial of the dead, analyzes the imperfection of the conceptual apparatus of the current legislation in this area and suggests the main directions for improving the legal regulation of the regime of this type of land. Special attention is paid to the protection of historical and cultural lands, which include lands of military and civilian graves.
Keywords: land plot, municipal property, state registration, cadastral registration.
Article bibliographic list
1. The Orel administration proposed to reduce the size of free burial plots / IA “Info-City”. 2020. [Electronic resource]. – Access mode: https://www.infoorel.ru/news/administraciya-orla-predlozhila-umenshit-razmery-besplatno-predostavlyaemyh-uchastkov-pod-zahoroneniya.html (date of access: 06/25/2024).
2. Aksenov N. A., Volobuev D. O. Normative-legal regulation of the turnover of land plots occupied by civil and military burials // Innovative economy: prospects for development and improvement. – 2020. – No. 2 (44).
3. Blinnik I. In Pavlovsky Posad, houses are being built on the bones of the heroes of the Patriotic War of 1812 / MK.RU. 2015. [Electronic resource]. – Access mode: https://www.mk.ru/mosobl/2015/06/10/v-pavlovskom-posade-stroyat-doma-na-kostyakh-geroev-otechestvennoy-voyny-1812-goda.html (date of access: 29.06.2024).
4. Kapsalykova I. Residents of Krasnoyarsk believe that the Revda mayor’s office wants to take away their cemetery, just as it has already taken away their hayfields / Revda-info.ru. 2015. [Electronic resource]. – Access mode: https://www.revda-info.ru/2015/11/15/zhiteli-krasnoyara-schitayut-chto-meriya-revdy-hochet-otnyat-u-nih-kladbishhe-kak-uzhe-otobrala-pokosy/ (date of access: 06/28/2024).
5. Molyarenko O. A. Local media on the problems of municipal cemeteries // The World of Russia. Sociology. Ethnology. – 2017. – No. 3.
6. Obedkin D. Khabarovsk antimonopoly authorities got involved in a cemetery war / Vostok Media. 2015. [Electronic resource]. – Access mode: https://vostokmedia.com/news/2015-10-05/habarovskie-antimonopolschiki-vvyazalis-v-kladbischenskuyu-voynu-597508 (date of access: 28.06.2024).
7. Employees of the Ministry of Emergency Situations of Karelia cleared the cemetery of trees felled by the hurricane / Respublika. 2015. [Electronic resource]. – Access mode: https://rk.karelia.ru/social/sotrudniki-mchs-karelii-ochistili-kladbishhe-ot-povalennyh-uraganom-derevev/(date of access: 06.29.2024).
LAND LAW
MARKELOV Gleb Alexandrovich
Deputy Head of the Legal Department of Baltiiskoe obyedinenie LLC
SEIZURE OF LAND PLOTS IN THE INTEGRATED DEVELOPMENT OF THE TERRITORY: PROBLEM OF FINDING A BALANCE BETWEEN PRIVATE AND PUBLIC INTERESTS
The article studies the institute seizure of land plots in the integrated development of the territory and particular attention is paid to the problem of finding a balance between private and public interests. The author believes that optimal balance improving requires the guarantees of the rights of land owners by specifying regional legislation. The author also substantiates that public authorities should improve standards on openness and access to information and involve citizens in urban development procedures.
Keywords: integrated development of the territory, seizure of land plots, balance between private and public interests.
Bibliography
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7. “How to fine-tune the KRT”. [Electronic resource]. – Access mode: https://zsrf.ru/news/2024/08/08/kak-donastroit-krt?ysclid=lzlb56trrb616265277.
8. Federal Law of 14.07.2022 No. 266-FZ “On Amendments to Federal Law “On Personal Data”, certain legislative acts of the Russian Federation and the recognition of the fourteenth part of Article 30 of the Federal Law “On Banks and Banking Activities” as invalid // SZ RF. – 2022. – No. 29 (part III), art. 5233.
9. Afanasyeva S. D. Constitutional and legal institution of seizure of land plots for public needs: comparative analysis of the experience of the Russian Federation and the United States of America: diss. … candidate of legal sciences. – M., 2015. – P. 236.
10. Bandorin L. E. Development of built-up areas and seizure of land plots. Commentary on the Definition of the Judicial Collegium for Economic Disputes of the Supreme Court of the Russian Federation dated 10.27.2015 No. 309-KG15-5924 / / Bulletin of Economic Justice of the Russian Federation. – 2016. – No. 2. – P. 4-8.
11. Vakula M. A., Gasanov O. B. On the achievement of public goals in the seizure of land plots and the problems of protecting the rights of interested parties // Property relations in the Russian Federation. – 2023. – No. 9. – P. 50-55.
12. Vorontsova A. A. Withdrawal of land plots for state or municipal needs in the system of grounds for termination of rights to land // Ecological right. – 2022. – No. 4. – P. 19-24.
13. Senchishchev V. I. Withdrawal of land plots for state or municipal needs // Bulletin of civil law. – 2019. – No. 6. – P. 108- 136.
14. Povetkina E. L. Seizure of property for public needs: civilistic foundations and modern trends // Law. – 2014. – No. 2. – P. 41-60.
ENVIRONMENTAL LAW
SAGITOV Sergey Marselevich
Ph.D. in Law, associate professor, associate professor of Civil process law sub-faculty of the Kazan branch of the Russian State University of Justice
OGRINA Vitaliya Vladislavovna
student of the Faculty of Law of the Kazan branch of the Russian State University of Justice
POSITIVE LEGAL RESPONSIBILITY IN THE SPHERE OF ENVIRONMENTAL PROTECTION
The article deconstructs the main provisions of the implementation of positive legal responsibility, its structure and importance for ensuring sustainable development and preserving the quality of the environment. The main measures of encouragement and types of positive responsibility are considered on the example of judicial practice. The necessity of integrating positive responsibility into the practice of environmental protection is substantiated.
Keywords: legal responsibility, positive responsibility, environment, ecosystem exploitation.
Article bibliography
1. Environmental law: textbook / E. N. Abanina, L. E. Bandorin, E. S. Boltanova [et al.]. – Moscow: Limited Liability Company “Prospect”, 2022. – 400 p.
2. Matuzov N. I. Legal system and personality. – Saratov, 1987. – 245 pp.
CRIMINAL LAW
ABYZOVA Evgeniya Raviljevna
Ph.D. in Law, associate professor, associate professor of Criminal law sub-faculty of the V. Ya. Kikot Moscow University of the MIA of Russia
PROBLEMS OF QUALIFICATION OF FRAUD COMMITTED USING ELECTRONIC MEANS OF PAYMENT
The article deals with problematic issues of qualification of fraud committed using electronic means of payment provided for in Article 159.3 of the Criminal Code of the Russian Federation in order to develop measures to improve law enforcement practice and in resolving issues related to the correct qualification when distinguishing related crimes. The qualification of fraud using electronic means of payment also causes a number of problems in practice, such as: the problem of criminal investigation, the establishment of a circle of participants in the committed fraud and the question of how to commit this theft.
The article indicates that with the development of information technology, there is an evolution of the ways of committing theft. Measures are proposed to improve the current legislation in order to solve law enforcement tasks.
Keywords: criminal law, fraud, embezzlement, right to other people’s property, electronic means of payment, criminal liability, qualification, significant damage to a citizen, deception, abuse of trust.
Keywords: fraud, embezzlement, electronic means of payment, criminal liability, qualification.
Article bibliographic list
1. State of crime in Russia for January-December b 2022 [Electronic resource]. – Access mode: https://мвд.рф/ (date accessed: 27.06.2024).
2. Clause 4 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of November 30, 2017 No. 48 “On judicial practice in cases of fraud, misappropriation and embezzlement” // Bulletin of the Supreme Court of the Russian Federation. No. 2. 2018.
3. Dzyumenko R. I. Features of the qualification of fraud using electronic means of payment (Article 159.3 of the Criminal Code of the Russian Federation) // Young scientist. 2022. No. 8 (403). P. 94-96.
4. Borovykh L. V., Korepanova L. A. The problem of qualification of theft using bank cards // Russian Law Journal. 2022. No. 2. P. 84-86.
5. Markova E. A. Fraud using electronic means of payment: issues of theory and practice // Agrarian and land law. 2019. No. 5 (173). P. 87.
6. Slukina E. V. Problems of qualification of theft committed from a bank account, as well as in relation to electronic money (in the absence of elements of a crime under Article 159.3 of the Criminal Code of the Russian Federation) // Young scientist. 2019. No. 52 (290). P. 179-181.
CRIMINAL LAW
ASMANDIYAROVA Nailya Rimovna
Ph.D. in Law, associate professor of Constitutional and administrative law sub-faculty of the Bashkir Academy of Public Service and Management under the Head of the Republic of Bashkortostan
CONSTITUTIONAL RIGHT TO WORK AND SOME ASPECTS CONCERNING THE CRIMINOGENIC CONSEQUENCES OF A PERSON’S UNWILLINGNESS TO WORK
This work analyzes the attitude to freedom and the right to work in accordance with the Constitution of Russia. Some provisions from the Constitution of the USSR are given, which differ from the modern view of labor. Judicial statistics are presented on annually celebrating persons for committing a crime, depending on their employment. A pattern has been identified linking the number of able-bodied persons who do not have a permanent source of income, influencing an increase in the number of distinguished persons for committing a crime. Attention was drawn to the main directions of state policy in the field of employment, which are aimed at increasing the employment of the population of Russia, which in the future is expected to affect a decrease in the number of convicted persons.
Keywords: right to work, unemployed, unwilling to work, not studying, without a permanent source of income, crime factor.
Article bibliographic list
1. Constitution (Basic Law) of the Union of Soviet Republics. [Electronic resource]. – Access mode: https://docs.cntd.ru/document/901817660 (date of access: 06/24/2024).
2. Definition of the Constitutional Court of 12/21/2000 No. 252-O*(469) “On the refusal to accept for consideration the complaint of citizen Sergei Aleksandrovich Yurkin regarding the violation of his constitutional rights by Part 6 of Article 13 of the Federal Constitutional Law “On the Judicial System of the Russian Federation” and Article 6 of the Law of the Russian Federation “On the Status of Judges in the Russian Federation”. [Electronic resource]. – Access mode: https://www.sudbiblioteka.ru/ks/docdelo_ks/konstitut_big_1341.htm (accessed: 06/24/2024).
3. Judicial statistics of the Russian Federation. [Electronic resource]. – Access mode: https://stat.xn—-7sbqk8achja.xn--p1ai/stats/ug/t/12/s/11 (accessed: 06/24/2024).
4. ABC of Faith. Encyclopedia. [Electronic resource]. – Access mode: https://azbyka.ru/tuneyadstvo (date of access: 06/25/2024).
5. Labor Code of the Russian Federation: Federal Law of 12/30/2001 No. 197-FZ. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_34683/0e04407d9a52ecc831392fca4970dbf2b38beee2/ (date of access: 25.06.2024).
6. Determination of the Constitutional Court of the Russian Federation of 24.03.2005 No. 152-O “On refusal to accept for consideration the complaint of citizen Demko Alexander Yuryevich on the violation of his constitutional rights by Article 106 of the Criminal Executive Code of the Russian Federation.” [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_53999/ (date of access: 24.06.2024).
CRIMINAL LAW
BAYGUBATOVA Nadira Rahimbekovna
Ph.D. in Law, researcher of the Institute of Strategic Analysis and Forecast of the B. N. Yeltsin Kyrgyz-Russian Slavic University
ESENBEKOVA Аsiya Тashtanbekovna
Ph.D. in Law, associate professor
SOCIO-ECONOMIC DETERMINING FACTORS OF THE SPREAD OF RELIGIOUS EXTREMISM IN THE KYRGYZ REPUBLIC
The article analyzes the determining factors of the spread of religious extremism in the Kyrgyz Republic, from the point of view of theories of relative social deprivation and polarization. The authors note that the difficulties of economic transformation with the acquisition of independence ultimately led to the impoverishment of a certain part of the population, significant social differentiation and the degradation of the intellectual potential of the population. It is argued that, in turn, these factors cannot be considered as a direct cause of the spread of religious extremism throughout the country, but they can be used as conditions for its emergence.
Keywords: religious extremism, spreading factors, problems, politicization of Islam, poverty, unemployment, labor migration
Article bibliographic list
1. Ushakov V.N. On the issue of creating an Islamic state in Central Asia // Bulletin of KRSU. – 2005. – T . 5. No. 3. – P. 131-135.
2. Musabaeva A. D. Causes and factors of external labor migration from Kyrgyzstan. // Accession of the Kyrgyz Republic to the Eurasian Economic Union: impact on migration processes. – 2015. – No. 26. – Moscow, 2015. – P. 15-18.
3. Ergeshbaev U. Zh., Yeshenova S. E. , Muratova Ch. K. Modern external labor migration of the population of Kyrgyzstan // Bulletin of the Tajik State University of Law, Business and Politics. Series of social sciences. – 2016. – No. 1. – P. 38-47.
CRIMINAL LAW
BARVINSKAYA Yuliya Sergeevna
Ph.D. in Law, associate professor of Criminal Law and Criminalistics sub-faculty of the Lugansk branch of the Voronezh Institute of the MIA of Russia
ABOUT THE PROBLEM OF EXEMPTION FROM CRIMINAL LIABILITY IN CONNECTION WITH RECONCILIATION OF THE PARTIES IN THE EVENT OF THE DEATH OF THE VICTIM
The article examines the controversial issue of the possibility of reconciliation between the person who committed the crime and the victim in the event of his death, as a basis for exemption from criminal liability. The author’s position is given on the inadmissibility of equating the legal status of the deceased victim in the preliminary investigation with the legal status of close relatives who assume legal succession in resolving the issue of reconciliation of the parties in a criminal case.
Keywords: exemption from criminal liability, reconciliation of the parties, termination of criminal prosecution, victim, death of the victim, compensation for damage.
Article bibliography
1. Apostolova N. N. Expediency (discretionary nature) in Russian criminal proceedings: author’s abstract. dis. … doctor of law. – M., 2011. – P. 44.
2. Larina L. Yu. Some aspects release from criminal liability in connection with reconciliation with the victim // Current issues in combating crime. ‒ 2015. ‒ No. 4. – P. 10-13.
3. Mamontov N. I. Do relatives of persons killed as a result of an offense have the right to receive compensation for moral damage? [Electronic resource]. – Access mode: https://online.zсakon.kz/Document/?doc_id=38680485 (date accessed: 03.06.2024)
CRIMINAL LAW
VOLOSYUK Pavel Valerjevich
Ph.D. in Law, Head of Criminal law and process sub-faculty of the North Caucasus Social Institute, Stavropol, associate professor of Criminal law disciplines sub-faculty of the branch of the Russian Technological University MIREA in Stavropol
URUSOV Murat Mukhtarovich
postgraduate student of Criminal law and process sub-faculty of the North Caucasus Social Institute, Stavropol
CRIMINAL LIABILITY OF PERSONS OCCUPYING THE HIGHEST POSITION IN THE CRIMINAL HIERARCHY IN THE CRIMINAL LEGISLATION OF FOREIGN COUNTRIES
The article provides a comparative legal analysis of the current foreign criminal legislation aimed at combating organized crime and the Russian criminal law norm establishing liability for persons occupying the highest position in the criminal hierarchy. The authors identify the positive provisions of foreign legislation, which sets as its main goal the fight against organized crime and substantiate proposals on the use of established foreign criminal policy in Russian criminal legislation and law enforcement practicein the fight against organized crime.
Keywords: criminal liability, organized crime, criminal status, occupation of the highest position in the criminal hierarchy
Article bibliography
1. Frolov S. A., Portnov M. A. The Impact of the RICO Law on the Fight Against Organized Crime Groups in the United States in the Second Half of the 20th Century // Law: History and Modernity. 2021. No. 4 (17). P. 148-151.
2. Artem Kavaleryan. Truth and Myths about Cosa Nostra: How the Italian Mafia Lives, What It Earns, and Who It Accepts in the United States. Knife (April 10, 2019). [Electronic resource]. – Access mode: https://knife.media/cosa-nostra-today/?ysclid=lxedcqfica477461103 (date of access: 06/14/2024).
3. Racketeer Influenced and Corrupt Organizations Act (RICO). [Electronic resource]. – Access mode: https://www.hg.org/rico-law.html (date of access: 06/14/2024).
4. Kibalnik A. G., Volosyuk P. V., Demin S. G. Issues of criminal liability of legal entities: monograph. M.: Yurlitinform, 2017. 190 p.
5. Bychkov V. V. Criminal-legal characteristics of the highest position in the criminal hierarchy (Article 210.1 of the Criminal Code of the Russian Federation) // Bulletin of the Moscow Academy of the Investigative Committee of the Russian Federation. 2019. No. 3. Pp. 26-31.
6. Law of the Republic of Belarus “On Combating Organized Crime” of June 27, 2007 No. 244-Z. [Electronic resource]. – Access mode: https://pravo.by/document/?guid=3871&p0=H10700244 (date of access: June 14, 2024).
7. Law of Georgia “On Organized Crime and Racketeering” of June 24, 2004 [Electronic resource]. – Access mode: https://matsne.gov.ge/ru/document/view/27814?publication=1 (date of access 14.06.2024).
8. Criminal Code of Georgia (as amended on 15.12.2023). [Electronic resource]. – Access mode: https://matsne.gov.ge/ru/document/view/16426?publication=259 (date of access: 06.14.2024).
CRIMINAL LAW
GABRIELOVA Yuliya Vladimirovna
senior lecturer of Criminal law disciplines and criminalistics of the Lugansk branch of the Voronezh Institute of the MIA of Russia
SELF MOTIVE AS A CRIMINAL SIGN OF OFFICIAL FORGERY OF CORRUPTION
The article briefly examines the definitions of the term “corruption crime” existing in legislation and in the doctrine of criminal law. The problem of legislative consolidation of the definition of “corruption crime” is noted, as well as the uniform establishment of the characteristics of this definition, and the theoretical and practical problems of their establishment are identified. The author emphasizes that the lack of terminological unity leads to problems of a legislative and law enforcement nature. The signs of a corruption crime have been identified. Official forgery is considered as a corruption crime and the signs of the subjective side of this criminal act are analyzed. The author adheres to the position that official forgery can be recognized as a type of corruption crime, provided that it is committed for selfish reasons. The need to improve criminal legislation in terms of distinguishing the signs of the subjective side of official forgery is pointed out.
Keywords: corruption, corruption crime, signs, official forgery, selfish motive, other personal interest.
Article bibliography
1. Bukalerova L. A., Kopylov M. N. On the concept of “corruption crimes” // Society and Law. – 2012. – No. 1 (38). – P. 105-109.
2. Basova T. B. Motive as a mandatory feature of the subjective side of official crimes // Russian judge. – 2004. – No. 11. – P. 30-33.
3. Volzhenkin B. V. Official crimes. – SPb.: R. Aslanov Publishing House “Legal Center Press”, 2004. – 505 p.
4. Volkov B. S. Motive and qualification of crimes. – Kazan: Kazan University Publishing House, 1968. – 164 p.
5. Kulygin V. V. On the possibility of optimizing anti-corruption legislation // Problems of formation and implementation of anti-corruption and anti-criminal policy: collection of materials from the Sixth session of the Far Eastern Criminological School. – Vladivostok: Far Eastern University Publishing House, 2009. – P. 14.
6. Maryina E. V. Corruption crimes: sectoral and intersectoral harmonization of norms: author’s abstract. dis. … candidate of legal sciences. – Samara, 2010. – 243 p.
7. Tsokolov I. A. Problems of criminal prosecution of persons who have committed corruption crimes. Article 1. On the issue of optimizing the concept of “corruption crime” // Russian investigator. – 2011. – No. 5. – P. 20-24.
CRIMINAL LAW
GAMIDOV David Vagitovich
senior lecturer of Criminal law disciplines and organization of execution of punishments not related to the isolation of convicts from society of the Faculty of Law of the St. Petersburg University of the FPS of Russia
IVANOV Ivan Ivanovich
Ph.D. in Law, professor, professor of the Order of Zhukov St. Petersburg Military Institute of the National Guard Troops of the Russian Federation
KONDRAT Ivan Nikolaevich
Ph.D. in Law, professor, professor of Criminal law, criminal process and forensics sub-faculty of the Moscow State Institute of the International Relations (University) of the MFA of Russia, Honored Lawyer of the Russian Federation, Honored Worker of the Prosecutor’s Office of the Russian Federation, State Counselor of Justice, 1st Class
POSTPONEMENT OF SERVING TIME FOR FRIEND ADDICTS (ARTICLE 82.1 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION), AS A RESULT OF THE HUMANIZATION OF RUSSIA’S CRIMINAL POLICY
The article is devoted to an urgent problem in modern Russia, namely the humanization of criminal policy. The author shows that this direction needs to be defined and clarified. The author’s concept of “criminal policy” is proposed in the article. It is also indicated as the main idea, the position that the humanization of criminal policy should be based on a systematic regulatory framework focused on the constitutional provision that human and civil rights and freedoms determine the meaning, content and application of laws. As the general direction of the implementation of art. 82.1 of the Criminal Code of the Russian Federation, the author suggests that it is necessary to provide and be guided by the following legal position when granting a deferral of punishment to drug addicts, according to which the more crimes committed in connection with drug addiction, the more expedient it would be to grant a deferral of punishment to these persons, in order for them to undergo a course of treatment, medical and social rehabilitation.
Keywords: humanization, criminal policy, criminal law policy, constitutional rights and freedoms, postponement of punishment for drug addicts, convict, medical rehabilitation, social rehabilitation.
Article bibliography
1. Aleksandrov A. I. Modern criminal policy of Russia : concept, structure, content // News of higher educational institutions. Jurisprudence. – 2012. – No. 3 (302). – P. 173-188.
2. Aleksandrov A. I. Criminal policy and criminal procedure in the Russian state: history, modernity, prospects, problems / Ed. V. Z. Lukashevich; Foreword by the academician of the Russian Academy of Sciences, laureate of the State Prize USSR, Honored Scientist of the Russian Federation, Doctor of Law V. N. Kudryavtsev. – St. Petersburg: St. Petersburg State University, 2003. – 562 p.
3. Aleksandrov A. I. Criminal Procedure Policy in Russia (Theoretical and historical and legal analysis): Diss. … Doctor of Law. – St. Petersburg, 1999. – 438 p.
4. Aleksandrov A. I. Philosophy of Evil and Philosophy of Crime (issues of philosophy of law, criminal policy and criminal procedure ). 2nd ed., revised. and add. / Introduction to the first edition by Corresponding Member of the Russian Academy of Sciences, Doctor of Law, Professor D. A. Kerimov. – St. Petersburg: St. Petersburg State University, 2020. – 484 p.
5. Baranov V. M., Salnikov V. P., Milyukov S. F. Effectiveness of criminal-legal policy: Review of the monograph by Korobev A. I., Uss A. V., Golik Yu. V. “Criminal policy: trends and prospects”. – Krasnoyarsk, 1991 . – 240 p. // Criminal-legal and criminological problems of protection of the economic system. – N. Novgorod, 1993. – P. 208-213.
6. Vinogradova E. V., Zakhartsev S. I., Salnikov V. P. Crime prevention: from concept to construct // Legal science: history and modernity. – 2023. – No. 3. – P. 111-119.
7. Humanization of criminal procedural relations (pre-trial proceedings in criminal cases): Monograph / Under the general editorship of I. A. Antonov, V. P . Salnikova; Antonov I. A., Vanin D. V., Vorobyov A. O., Geldibaev M. Kh., Evstratova Yu. A., Zakhartsev S. I., Ivanov I. I., Kiyko A. Yu., Kondrat I. N., Medvedev A. A., Novozhilov S. A., Petrov P. A., Pirogovsky I. G., Prokofieva S. M., Salnikov V. P., Salnikov M. V., Salnikov S. P. , Semyonova I.V., Utyuganov A.A., Khabibulin A.G. – St. Petersburg: St. Petersburg Military Institute of the Order of Zhukov National Guard Troops, University Foundation, 2024. – 275 p.
8. Korobeev A. I. Criminal legal policy of Russia: from genesis to crisis. – M.: Yurlitinform, 2019. – 352 p.
9. Petrovsky A. V. Institutional and regulatory system for preventing criminal behavior: theoretical and applied research: Abstract of author’s diss. … doctor of law. 5.1. 4. – Krasnodar: Kuban State University, 2023. – 45 p.
10. Salnikov V. P. Law and freedom in the qualitative hierarchy of personal values // Bulletin of the I. Kant Russian State University. – 2006. – No. 9. – P. 6-15.
11. Salnikov V., Zakhartsev S. Crimes that might not have happened // Protection and Security. – 2020. – No. 4 (95). – P. 30-31.
12. Salnikov V. P., Zakhartsev S. I., Salnikov M. V. On the modern penal systempolicy of Russia // Library of criminal law and criminology. – 2017. – No. 3 (21). – P. 7-24.
13. Salnikov V. P., Zakhartsev S. I., Salnikov M. V. Criminal and criminal procedure policy // Legal science and practice. Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2016. – No. 3. – P. 260-283.
14. Salnikov V. P., Zakhartsev S. I., Salnikov M. V. Criminal-executive policy as an element of criminal policy of modern Russia // Legal science: history and modernity. – 2016. – No. 7. – P. 71-85.
15. Salnikov V. P., Zakhartsev S. I., Salnikov M. V. Criminal-executive policy // Bulletin of the Samara Law Institute of the Federal Penitentiary Service of Russia. Scientific and practical journal. – 2016. – No. 4 (22). – P. 46-58.
16. Salnikov V. P., Zakhartsev S. I., Salnikov M. V. Criminal-organizational policy as an element of criminal policy of modern Russia // Legal science: history and modernity. – 2016. – No. 10. – P. 72-89.
17. Salnikov V. P., Zakhartsev S. I., Salnikov M. V. Criminal-legal policy as an element of criminal policy of modern Russia // Legal science: history and modernity. – 2016. – No. 5. – P. 94-107.
18. Salnikov V. P., Zakhartsev S. I., Salnikov M. V. Criminal-preventive policy as an element of criminal policy of modern Russia // Legal science: history and modernity. – 2016. – No. 8. – P. 70-97.
19. Salnikov V. P., Zakhartsev S. I., Salnikov M. V. Criminal Procedure Policy as an Element of Criminal Policy of Modern Russia // Legal Science: History and Modernity. – 2016. – No. 9 – P. 70-97.
20. Tretyakov I. L. Criminal Policy of Modern Russia: Monograph / Under the general editorship of V. P. Salnikov. Academy of Law, Economics and Life Safety. – St. Petersburg: University Foundation, 2017. – 414 p. (Series: “Human and Society Safety”).
21. Yakovleva M. A. Internal Affairs Bodies as One of the Subjects in the Crime Prevention System: Abstract of Cand. Dis. jurid. sciences. 12.00.08 – SPb.: St. Petersburg University of the Ministry of Internal Affairs of Russia, 2019. – 23 p.
CRIMINAL LAW
ZHILKIN Maxim Gennadjevich
Ph.D. in Law, associate professor, professor of Criminal law and criminology sub-faculty of the Moscow regional branch of the V. Ya. Kikot Moscow University of the MIA of Russia
LEGALIZATION OF ILLEGAL INCOME OF OFFICIALS FROM ENTREPRENEURIAL ACTIVITY: CRITICAL ANALYSIS OF THE CONCEPT AND ITS APPLICATION IN PRACTICE
This scientific article is the result of a discussion among legal about the rules of qualification of cases when officials, contrary to the established prohibitions, patronize entrepreneurial activity, formally having nothing to do it. Thus, the obvious violation of article 289 of the Criminal Code of the Russian Federation is often supplemented by law enforcers with other articles of the Criminal Code of the Russian Federation, providing responsibility for legalization of incomes, which from the point of view of correct qualification of actions of the official, fair and lawful decision, including compensation of the caused harm to society and the state, requires independent analysis.
Keywords: official, entrepreneurial activity, legalization, corruption, income.
Article bibliography
1. Borkov V. N. On the criminal-legal status of property acquired as a result of illegal participation in entrepreneurial activity (Article 289 of the Criminal Code of the Russian Federation) // Criminal law. – 2022. – No. 1 (137).
2. Garmaev Yu. P., Ivanov E. A., Markuntsov S. A. Anti-corruption compliance in the Russian Federation: interdisciplinary aspects: Monograph // SPS ConsultantPlus. – 2020.
3. Komarova O. V. Problems of defining the essence of “Entrepreneurial income” as an economic category // Universum: economics and jurisprudence. – 2015. – No. 7 (18). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/problemy-opredeleniya-suschnosti-predprinimatelskogo-dohoda-kak-ekonomicheskoy-kategorii (date accessed: 07/08/2024).
4. Matskevich I. M., Kadnikov N. G. On the issue of the contradiction of judicial practice in establishing the presence or absence of the legalization of funds or other property acquired by criminal means // Russian Justice. – 2022. – No. 6.
5. Panova N. V. Criminal liability for illegal participation in entrepreneurial activity // Russian Justice. 2019. – No. 11.
6. Pikurov N. I., Pudovochkin Yu. E. Problems of qualification of criminal liability for legalization (laundering) of funds or other property acquired by criminal means. – M.: Russian State University of Justice, MUMCFM, 2015. – 264 p.
7. Yani P. S. On the subject of legalization of criminal proceeds // Legality. – 2021. – No. 3 (1037).
CRIMINAL LAW
KOBYLIN Pyotr Olegovich
senior lecturer of Criminal law and process sub-faculty of the Law Faculty of the N. I. Lobachevsky National Research Nizhny Novgorod State University
CRIMINAL LIABILITY FOR FRAUD IN PRE-REVOLUTIONARY RUSSIAN LEGISLATION
This article provides a historical study of criminal liability for fraud in the pre-revolutionary (pre-Soviet) period. The author has analyzed the sources of Russian law of the specified period, touching on issues of criminal law regulation of liability for fraud, and reflects the evolutionary path of formation, development and transformation of criminal law norms. It is concluded that the understanding of fraud as a purely fraudulent taking of someone else’s property, i.e. in a manner close to the modern consolidation, was formed within the framework of the Code of Criminal and Correctional Punishments of 1845; earlier fraud had various characteristics that were not always associated with the deceptive method of committing the act.
Keywords: fraud, historical analysis, criminal liability.
Article bibliography
1. Anisimov V. F. History of Russian legislation on crimes against property with signs of theft // Bulletin of YSU. – 2009. – No. 4 (15).
2. Dahl V. I. Illustrated explanatory dictionary Russian language: modern spelling. – M.: Astrel: AST: Khranitel, 2006.
3. Ivanova O. M. Russian Truth as a primary source of criminal legislation of Russia on crimes against property // Bulletin of the Russian University of Cooperation. – 2014. – No. 1 (15).
4. Radko A. V., Bezverkhov A. G. Development of Russian legislation on liability for fraud // XVII Korolev readings: Proceedings of the All-Russian youth scientific conference with international participation, dedicated to 35 – anniversary of the first flight of the MTKS “Energia-Buran”. – 2023.
5. Russian legislation of the 10th-20th centuries. In nine volumes. T. 1. Legislation of Ancient Rus’. – M.: Legal Literature, 1984 .
6. Russian legislation of the 10th-20th centuries. In nine volumes. Vol. 2. Legislation of the period of formation and strengthening of the Russian centralized state. – M.: Legal Literature, 1985.
7. Russian legislation of the 10th- XX centuries. In nine volumes. T. 4. Legislation of the period of formation of absolutism. – M.: Legal Literature, 1986.
8. Code of Laws of the Russian Empire. T. XV. Code of Criminal Laws. – St. Petersburg: Type. 2 departments of own. e. i. v. chancellery, 1832.
9. Code of Laws of the Russian Empire, edition of 1857. Vol. XV. Code of Criminal Laws. – St. Petersburg: Type. 2 departments of the e. i. v. chancery, 1857.
10. The Code of Laws of Tsar Feodor Ivanovich, 1589: according to the list of the collection of F. F. Mazurin: with 4 phototypical tables. – M.: Publication of the Commission for Printing State Charters and Treaties at the Moscow Main Archive of the Ministry of Foreign Affairs, 1900.
11. Code of Criminal and Correctional Punishments. – SPb.: Type. 2 departments of the property. e. i. v . chancellery, 1845.
12. Code of Criminal and Correctional Punishments of 1866 / Comp. N. S. Tagantsev. – 2nd ed., revised and enlarged. – St. Petersburg: Printing House of M. Stasyulevich, 1876. – 726, X p.
13. Code of Criminal and Correctional Punishments of 1885 / Comp. N. S. Tagantsev. – 5th ed., add. – SPb.: Printing house of M. Stasyulevich, 1886. – 714 p.
14. Foinitsky I. Ya. Fraud under Russian law: a comparative study. – St. Petersburg: printing house of the society “Obshchestvennye Polza”, 1871.
15. Yuzhin A. A. Fraud and its types in Russian criminal law: diss. … candidate of legal sciences. – M., 2016. – 238 p.
CRIMINAL LAW
KRASKOVSKIY Yan Eduardovich
Ph.D. in Law, associate professor, associate professor of Criminal law sub-faculty of the Penza State University
VANKOVA Kseniya Gennadjevna
student of the 4th course of the Institute of Law of the Penza State University
THE MEDIA AND THE INFORMATION AND TELECOMMUNICATIONS NETWORK INTERNET AS POSSIBLE FACTORS IN THE INCREASE IN THE NUMBER OF SUICIDES
This article is dedicated to the analysis and identification of a certain relationship between the number of suicides committed and the dissemination in the media of information about methods and cases of taking one’s own life. At first glance, this relationship is not obvious, but this does not diminish its significance. In order for information to be as safe as possible when compiling it and providing it to the general public, it is necessary to adhere to a number of rules developed by government agencies. These rules and recommendations are enshrined in laws and regulations. With the development of the Internet telecommunications network, obtaining information does not require significant effort. At the same time, it has become difficult to filter out the information flow and differentiate information by age categories.
Keywords: information and telecommunication network “Internet”, imitative behavior, criminal liability, media publications, death groups, suicide, minors, youth, inclination to suicide.
Article bibliographic list
1. Antipov A. I. Appeals and inclination as signs of crimes committed with the help of mass media and information and telecommunication networks // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2020. – No. 1 (85). – P. 91-98.
2. Bakaev A. A., Tarasov V. Yu., Sheveleva K. V. Ensuring the safety of minors in the virtual environment // Law and Order. – 2021. – No. 8. – P. 90-93.
3. Shapiro L. G., Gvozdeva I. S., Yuzhaninova A. L. Establishing the circumstances that contributed to the commission of crimes under Art. 110, 110.1 and 110.2 of the Criminal Code of the Russian Federation, as an effective means of preventing them // Bulletin of the SSLA. – 2021. – No. 6 (143). – P. 217-221.
CRIMINAL LAW
MAKSIMOVA Kristina Leonidovna
senior lecturer of Labor law sub-faculty of the Hero of the Russian Federation, Army General E. N. Zinichev St. Petersburg University of the State Fire Service of the Ministry of Emergency Situations of Russia
KUSKOVA Irina Vitaljevna
student of the Hero of the Russian Federation, Army General E. N. Zinichev St. Petersburg University of the State Fire Service of the Ministry of Emergency Situations of Russia
YURJEVA Valentina Yurjevna
student of the Hero of the Russian Federation, Army General E. N. Zinichev St. Petersburg University of the State Fire Service of the Ministry of Emergency Situations of Russia
RAU Karina Evgenjevna
student of the Hero of the Russian Federation, Army General E. N. Zinichev St. Petersburg University of the State Fire Service of the Ministry of Emergency Situations of Russia
MURDER OF A NEWBORN CHILD BY A MOTHER: CRIMINAL LEGAL AND CRIMINOLOGICAL PROBLEMS: BASED ON MATERIALS FROM ST. PETERSBURG
Violence against minors includes a fairly wide range of illegal acts that violate the personal rights of children. Of particular value among such rights is the right to life. Along with this, among such crimes, a special place is occupied by the murder of a newborn child by the mother, provided for in Art. 106 of the Criminal Code of the Russian Federation. As statistics show, every year the number of these crimes reaches several dozen, which makes it important to consider the criminal legal and criminological features of the act. Within the framework of this article, the author analyzed the criminal legal and criminological characteristics of the murder of a newborn child by a mother. Based on the highlighted features, a conclusion was made about the need to further improve the legal regulation of this crime, as well as the need to prevent this criminal act.
Keywords: murder, newborn child, mother, murder of a newborn child, criminological aspect, maternal instinct.
Article bibliography
1. Danilova M. Yu. Criminal-legal and criminological characteristics of the murder of a newborn child by a mother // Young scientist. – 2018. – No. 38 (224). – P. 114-116.
2. Pchelkina E. V., Malysheva E. V. Criminological portrait of the personality of a mother convicted of murdering her newborn child in Russia // Russian investigator. – 2019. – No. 12. – P. 63-66.
3. Khatuev VB Evolution of the criminal legislation of Russia on liability for the murder of a newborn child by a mother // Lexrussica. – 2019. – No. 1. – P. 83-96.
4. Chukreev VA Criminal-legal protection of a person from encroachments on his anatomical and physiological properties. – M.: Prometheus, 2022. – 212 p.
CRIMINAL LAW
SHAGANOVA Olga Mikhaylovna
Ph.D. in Law, associate professor of Criminal law and criminology sub-faculty of the Barnaul Law Institute of the MIA of Russia
ILLEGAL TRAFFICKING OF PORNOGRAPHIC MATERIALS OR OBJECTS UNDER THE CRIMINAL LEGISLATION OF THE MEMBER STATES OF THE COMMONWEALTH OF INDEPENDENT STATES
The article analyzes the criminal law norms on liability for illegal trafficking of pornographic materials or objects under the legislation of the member states of the Commonwealth of Independent States. The author studies the criminal codes of the Republics of Azerbaijan, Armenia, Belarus, Kazakhstan, Kyrgyzstan, Tajikistan, Uzbekistan and the Russian Federation. The features of the construction of the studied components of the crime related to the subject of the crime, the purpose and method of its commission are noted. It is concluded that alternative sanctions are most often established with such types of punishment as fines, correctional and community service, and imprisonment.
Keywords: pornographic materials or objects, illegal trafficking of pornographic materials or objects, criminal legislation of the CIS member states, criminal law.
Article bibliographic list
1. Access from the reference – legal system “ConsultantPlus”.
2. On the Commonwealth of Independent States // Official website of the Ministry of Foreign Affairs of the Russian Federation. [Electronic resource]. – Access mode: https://www.mid.ru/ru/foreign_policy/integracionnye-struktury-prostranstva-sng/sng/1813264/ (date of access: 06/05/2024).
3. Timoshenko Yu. A. New manifestations of crime in the sphere of illegal production and circulation of pornographic materials and objects // New, emerging and changing forms of crime: scientific foundations for counteraction (Dolgov Readings): collection of materials of the II All-Russian scientific and practical conference, Moscow, March 24-25, 2022 / University of the Prosecutor’s Office of the Russian Federation. Moscow: B. i., 2022. Pp. 151-158.
4. Criminal legislation of the CIS countries // Information system “CONTINENT”. [Electronic resource]. – Access mode: http://continent-online.com. (date of access: 05.06.2024).
5. Criminal Code of the Republic of Armenia. [Electronic resource]. – Access mode: https://www.arlis.am/ (date of access: 05.06.2024).
CRIMINAL LAW
SHMYATKOVA Natalya Viktorovna
postgraduate student of the Irkutsk Institute (branch) of the All-Russian University of Justice (RLA of the Ministry of Justice of Russia)
SEREDA Irina Mikhaylovna
Ph.D. in Law, professor of Criminal law and criminology sub-faculty of the Irkutsk Institute (branch) of the All-Russian University of Justice (RLA of the Ministry of Justice of Russia)
STRATEGIES FOR COUNTERING CRIMES COMMITTED WITH MALICIOUS USE OF ARTIFICIAL INTELLIGENCE BY LAW ENFORCEMENT AGENCIES
Among the main tasks to achieve the goal of scientific and technological development of the state is the development of promising high technologies, including artificial intelligence. At the same time, the latter is used maliciously in committing crimes.
Counteraction to these acts is, first of all, provided by law enforcement agencies, whose activities must be clearly planned and coordinated.
The authors of the article note that the organization of the work of these bodies when countering crimes committed using artificial intelligence needs to be improved. The article also analyzes the main areas of activity of law enforcement agencies that can be used during the preliminary investigation. It is proposed to create specialized databases developed at the state level with interdepartmental interaction, and their implementation in the activities of law enforcement agencies, which in the future will help to quickly identify and solve crimes committed using artificial intelligence.
Keywords: Internet network, information and telecommunication technologies; artificial intelligence; IT system; crime; opposition; law enforcement agencies.
Article bibliography
1. Gadzhiev M. S. Criminological analysis of crime in the field of computer information (based on the materials of the Republic of Dagestan): diss. … Cand. of Law: 12.00.08. – Makhachkala, 2004. – P. 81-85.
2. Malyshkin A. V. Integration of artificial intelligence into public life: some ethical and legal problems // Bulletin of St. Petersburg University. Series “Law”. – 2019. – Vol. 10. No. 3. – P. 444-460.
3. Mikhailov M. A., Kokodey T. A. Digital Innovations and Human Rights: Dilemmas of International Law Enforcement Practice. – DOI 10.52468/2542-1514.2022.6(3).120-133. – EDN UQQTTU // Law Enforcement. – 2022. – T. 6. No. 3. – P. 120-133.
CRIMINAL LAW
TSVETOV Sergey Viktorovich
senior lecturer of Tactical and special training sub-faculty of the I. D. Putilin Belgorod Law Institute of the MIA of Russia
NEDOSTYPENKO Tatyana Alexandrovna
Ph.D. in Law, senior lecturer of Criminal law sub-faculty of the I. D. Putilin Belgorod Law Institute of the MIA of Russia
CHAPLYGIN Nikolay Nikolaevich
senior lecturer of Tactical and special training sub-faculty of the I. D. Putilin Belgorod Law Institute of the MIA of Russia
CURRENT ISSUES OF USING UNMANNED AERIAL VEHICLES TO ENSU RE PUBLIC SAFETY OF THE RUSSIAN FEDERATION AND PUBLIC ORDER
The article discusses the reasons for the use of unmanned aerial vehicles by internal affairs bodies when carrying out measures to ensure law and order. The advantages and priority areas for their use are indicated. In conclusion, reasoned conclusions are presented, indicating the need to improve the norms of Russian legislation on the issue of securing unmanned aerial vehicles as special means of the internal affairs bodies of the Russian Federation.
Keywords: internal affairs bodies, unmanned aerial vehicles, public order protection, unmanned aircraft, special means.
Article bibliography
1. Bordachev A. Yu. Tactical features of the use of UAVs by police officers // Law and power. – 2023. – No. 4. – P. 51-57.
2. Egoshin I. V., Konstantinov V. N. Relevance of the practical use of unmanned aerial vehicles by internal affairs bodies in the performance of operational and official tasks // Bulletin of the Ural Law Institute of the Ministry of Internal Affairs of Russia. – 2022. – No. 3. – P. 99-104.
3. Kosovsky VB, Martynyuk SN Current issues of practical application of unmanned technology in the internal affairs bodies of the Russian Federation // Society: politics, economics, law. – 2020. – No. 3 (80). – P. 25-29.
4. Krasovskaya EL Use of unmanned aerial vehicles in the system of the Ministry of Internal Affairs of Russia in the implementation of operational-search activities, including the search for missing persons // Proceedings of the Academy of Management of the Ministry of Internal Affairs of Russia. – 2023. – No. 3 (67). – P. 190-195.
5. Kempf VA Fundamentals of the use of special equipment in the professional activities of a police officer: a tutorial. – Barnaul: Barnaul Law Institute of the Ministry of Internal Affairs of Russia, 2016. – 70 p.
CRIMINAL LAW
JAMALOV Dzhabrail Magomedvalievich
magister student of the 2nd year of correspondence education of the training profile: “Criminal procedure, criminalistics: forensics examination, operational and investigative activities” of Criminal process and criminalistics sub-faculty of the Dagestan State University, Makhachkala
ORGANIZATION OF THE ACTIVITIES OF EXTREMIST ORGANIZATIONS IN DAGESTAN
The relevance of this work to the topic is due to the fact that the manifestation of extremism is an indispensable attribute of the social process and has persecuted all mankind throughout the centuries of history. At this stage of society’s development, characterized by globalization, the formation of a huge information space and the emergence of powerful destructive technologies, extremism has become a problem requiring criminal consequences. Religious and political extremism has become especially active in the Republic of Dagestan in recent years. The indicators of terrorist activity, those arrested and complaining of assaults on the lives of law enforcement officers, statistics of dead employees, members of illegal armed groups killed, religious and political extremist activities are significantly higher than in most other regions of the Russian Federation. One of the extreme forms of extremism in the Republic of Dagestan is the murder of undesirable political and public figures
The purpose of the work: to determine the organization of the activities of extremist organizations in Dagestan, to give a legal assessment.
Keywords: extremism, criminal prosecution, extremist activity, subjects.
Article bibliography
1. Abdulatipov A. M., Magomedov B. Sh. On the issue of involving citizens in terrorist and extremist activities (on the example of the Republic of Dagestan). – Text: electronic // Legal Bulletin of the Dagestan State University. – 2018. – No. 2. – P. 134-140.
2. Abdulagatov Z. M. Problems of defining extremism in the activities of mass Islamic movements (on the example of the Republic of Dagestan) // Islamic studies. – 2013. – No. 3. – P. 28-36.
3. Azizova V. T. Subjects of counteraction to extremist activity in the Republic of Dagestan and their powers. – Text: electronic // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2010. – No. 8. – P. 78-82.
4. Gamidov A. M. Conditions facilitating the involvement of minors in terrorism. – Text: electronic // Legal Bulletin of the Dagestan State University. – 2013. – No. 2. – P. 81-84.
CRIMINAL LAW
IBRAHIM Luma Adnan Ibrahim
postgraduate student of Criminal law, criminal process and criminalistics sub-faculty of the Patrice Lumumba Peoples’ Friendship University of Russia
CRIME SCENE EXAMINATION AS A MEANS OF DETECTING MURDERS DISGUISED BY STAGING
The investigation of murders disguised by staging involves specific challenges. One of the tasks of forensic science is to develop guidelines for crime scene examination in such cases. This article examines the features of crime scene examination in staged murders and offers recommendations to detect staging traces and determine the crime mechanism. The study reveals that traces of the crime remain even when a murder is staged, which can be identified during the crime scene examination, helping to establish the causeof death and whether the body was moved. It is crucial to determine if death occurred at the scene or if the body was relocated, as well as to identify signs of violent death. The involvement of a forensic medical expert and a crime scene investigator is essential during the examination.
Keywords: murder, body, staging, crime scene examination, staging traces
Article bibliography
1. Buglaev M. A. Some features of conducting a search and inspection of the crime scene in cases of murder “without a corpse” // Bulletin of the South Ural State University. – 2009. – No. 40 (173). – P. 29-35.
2. Bystrov A. A., Petrova E. P. Tactical techniques for examining the crime scene in forensic science // Paradigm. – 2019. – No. 1. – P. 108-111.
3. Maltsev S. A. Tactics of conducting a home inspection during the investigation of murders related to the disappearance of citizens // Social Sciences. – 2011. – No. 1. – P. 152-158.
4. Medvedeva S. N. Forensic problems of causality in the detection and investigation of crimes against life and health: dis. … candidate of legal sciences. – Krasnodar, 2005. – 185 p.
5. Khusnudinov R. G. Features of the investigation of certain types of non-obvious murders // Issues of Russian justice. – 2021. – No. 11. – P. 481-489.
CRIMINAL LAW
KARAEVA Zukhra Shikhshanatovna
postgraduate student of Criminal law and criminology sub-faculty of the Institute of Law of the Dagestan State University,
ACTUAL PROBLEMS OF IMPOSING A MORE LENIENT PUNISHMENT THAN PROVIDED FOR BY LAW
The presented article explores the problems associated with imposing a punishment softer than provided by law (Article 64 of the Criminal Code of the Russian Federation). The author analyzes and summarizes the most relevant and discussed issues related to this top-ic, discusses some of them, and provides a creative assessment. The question of ambiguity of the criminal law norm regulating this institution is noted, and its gaps and shortcomings are identified by the author. The study critically evaluates the practice of applying provisions on imposing a softer and lenient punishment than those that are provided by law, not-ing its arbitrariness and the lack of uniform approaches in the adoption of judicial acts tak-ing into account the provisions of Article 64 of the Criminal Code of the Russian Federation. Based on the research and search work, some recommendations and proposals are formulated by the author of the article which are aimed at further improving the specified norm of the criminal law.
Keywords: imposition of punishment, below the lower limit, mitigating circumstanc-es, exceptionality of mitigating circumstances, imposing a softer punishment, justifying the imposition of punishment.
Article bibliographic list
1. Gracheva Yu. V. Judicial discretion in criminal law: a tutorial. – 2nd ed. – Moscow: Prospect, 2021. – 160 p.
2. Kukovyakin A. E. The concept of exceptional circumstances as a basis for applying Art. 64 of the Criminal Code of the Russian Federation // Scientific Bulletin of the Omsk Academy of the Ministry of Internal Affairs of Russia. – 2017. – No. 4 (67). – P. 20-23.
3. Nikolaeva T. V. Appointment of a more lenient punishment than provided for a given crime: Theoretical and Practical Issues: Abstract of Candidate of Legal Sciences Dissertation: 12.00.08 / Chelyabinsk State University. – Chelyabinsk, 2005. – 24 p.
4. Nechepurenko A. A., Kukovyakin A. E. Limitation of Judicial Discretion in Transferring Mitigating Circumstances to Exceptional Circumstances in Accordance with Art. 64 of the Criminal Code of the Russian Federation // Psychopedagogy in Law Enforcement Agencies: Scientific and Practical Journal / Ed. A. F. Karavaev. – 2017. – No. 3 (70). – P. 20-28.
5. Generalization of Judicial Practice of Applying the Provisions of Art. 64 of the Criminal Code of the Russian Federation when considering criminal cases in 2021 and the first half of 2022 (approved by the Presidium of the Chelyabinsk Regional Court on February 7, 2023) / GARANTEE. – [Electronic resource]. – Access mode: https://base.garant.ru/407041054/ (date of access: 07/09/2024).
6. Review of judicial practice in cases of crimes related to the illegal trafficking of narcotic drugs, psychotropic substances and their analogues” (approved by the Presidium of the Supreme Court of the Russian Federation on 06/26/2024) // Consultant-Plus. – [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_479925/ (date of access: 07/09/2024).
CRIMINAL LAW
KRASKOVSKIY Yan Eduardovich
Ph.D. in Law, associate professor, associate professor of Criminal law sub-faculty of the Penza State University
CONCEPT, FEATURES AND FORMS OF VIOLENCE IN THE FAMILY AND HOUSEHOLD SPHERE
Currently, Russian legislation does not have a normatively defined concept – “domestic violence”; a law on the prevention of domestic violencence has not yet been adopted. The fight against domestic violence requires close attention from the legislator. In the article, from the author’s position, an attempt is made to define domestic violence and its types, as well as domestic violence, and examines the conditions that contribute to these acts and forms of domestic violence. The author provides examples from judicial practice in the Penza region.
Keywords: family, violence, domestic violence, form of violence, domestic crime.
Article bibliography
1. Volkov E. N. Criteria and signs of psychological damage and psychological violence // Journal of practical psychologist. – 2002. – No. 5. – P. 84-95.
2. Denisov M. A., Khorosheva N. V. The problem of defining the term “manipulation” in the works of Russian researchers // Political linguistics. – 2015. – No. 2 (52). – P. 94-101.
3. Domestic violence: social and legal aspect: teaching and method. manual / Under the general editorship of E. I. Ershova, with the participation of S. G. Aivazova 3rd ed., supplemented. and revised. – M .: Publishing house of the All-Russian Association of Women’s Public Organizations “Consortium of Women’s Non-Governmental Associations”, 2013. – 194 p.
4. Latysheva E. V. The concept of crime in the family and domestic sphere // Social management. – 2023. – Vol. 5. No. 12. – P. 544-553.
5. Maksimov S. V., Revin V. P. Violent crimes in the sphere of family and domestic relations and problems of their prevention: teaching. manual. – M.: Publishing House of the Educational and Methodological Center of the Main Directorate of the Ministry of Internal Affairs of the Russian Federation, 1993. – 56 p.
6. Tugelbaeva B. G., Khamzaeva A. D. Criminology: Problems of Preventing Domestic (Family) Violence: Textbook. – Bishkek: KRSU Publishing House, 2010. – 375 pp.
CRIMINAL LAW
KURKINA Yuliya Andreevna
postgraduate student of Criminal law and criminology sub-faculty of the S. A. Yesenin Ryazan State University, leading legal advisor of the Deposit Insurance Agency State Corporation
METHODS FOR CALCULATING DAMAGE CAUSED BY DELIBERATE BANKRUPTCY
The article examines the main approaches to determining the amount of damage caused by the deliberate fraud (The article 196 of the Criminal Code of the Russian Federation). The author has identified and analyzed the problems of the methods used in law enforcement practice for calculating the damage caused by this crime. Statistical information related to the application of this rule of law, judicial practice, as well as specific examples of the use of various approaches to calculating damage were considered in the process of writing the article.
Keywords: deliberate bankruptcy, property damage, victim, creditor, debtor, compensation.
Article bibliography
1. Aleksandrov S. A. Criminal liability for intentional bankruptcy of an individual // Philosophy of Law. – 2022. – No. 4 (103). – P. 170-173.
2. Volzhenkin B. V. Crimes in the sphere of economic activity under the criminal law of Russia. – St. Petersburg: Legal Center “Press”, 2007. – 765 p.
3. Mikhalev I. Yu. Bankruptcy and criminal law: dissertation of a candidate of legal sciences. – Vladivostok, 2000. – P. 244.
4. Mikhalev I. Yu. Criminal bankruptcy. – St. Petersburg: Legal Center “Press”, 2001. – 217 p.
5. Shmatenko A. A. Damage as an element of the objective side of criminal bankruptcies // Russian investigator. – 2014. – No. 8. – P. 27-32.
6. Korennaya A. A. Determination of the amount of damage caused by deliberate bankruptcy (Article 196 of the Criminal Code of the Russian Federation) // Arbitration and civil procedure. – 2021. – No. 1.
CRIMINAL LAW
ODNODVORTSEVA Ekaterina Andreevna
adjunct of Criminal law sub-faculty of the V. Ya. Kikot Moscow University of the MIA of Russia
ABUSE OF OFFICE: COMPARATIVE LEGAL ANALYSIS OF THE LEGISLATION OF THE RUSSIAN FEDERATION, THE REPUBLIC OF BELARUS AND THE REPUBLIC OF KAZAKHSTAN
The article presents a comparative legal study of the criminal laws of the Russian Federation, the Republic of Belarus and the Republic of Kazakhstan, in terms of securing criminal liability for abuse of official authority. On the territory of the post-Soviet space, these countries, along with the Russian Federation, are leaders in social and economic development, which is reflected in the legal sphere. Over the past decade, the criminal legislation of the countries under consideration has undergone a number of significant changes, which leads to interest in studying approaches to such an illegal act as abuse of official authority. The author analyzes the norms of foreign law and draws conclusions about the need to perceive the experience of neighboring countries.
Keywords: official crimes, abuse of official authority, official, comparative legal analysis, criminal law.
Article bibliography
1. Gaukhman L. D., Maksimov S. V. Criminal legislation of the Republic of Belarus and the Russian Federation: general comparative legal commentary. Moscow: Moscow Institute of the Ministry of Internal Affairs of the Russian Federation, 2000. 236 p.
2. “Model Criminal Code for the Member States of the Commonwealth of Independent States. Advisory Legislative Act” (Adopted in St. Petersburg on 17.02.1996 by Resolution No. 5 at the 7th plenary session of the Interparliamentary Assembly of Member Nations of the CIS) // Website of the Interparliamentary Assembly of the CIS. [Electronic resource]. – Access mode: http://iacis.ru
3. Criminal Code of the Republic of Kazakhstan of July 3, 2014 No. 226-V (with amendments and additions as of June 16, 2024). [Electronic resource]. – Access mode: https://online.zakon.kz/Document/?doc_id=31575252&pos=5518;-56#pos=5518;-56 (date of access: March 27, 2024).
4. Criminal Code of the Republic of Belarus of July 9, 1999 No. 275-Z (with amendments and additions as of October 1, 2023). [Electronic resource]. – Access mode: https://online.zakon.kz/Document/?doc_id=30414984&doc_id2=30414984#activate_doc=2&pos=87 (date accessed: 27.03.2024).
5. Khilyuta V. V. Abuse of power or official authority as a corruption crime in the criminal law of Belarus // Bulletin of YSU. 2015. No. S4 (39). P. 341-348.
6. Nikitin Yu. A. Abuse of power or official authority: qualification issues // State and Law in the 21st Century: materials of the international scientific and practical conference dedicated to the 95th anniversary of the Faculty of Law of the Belarusian State University, November 26-27, 2020, Minsk / BSU, Faculty of Law.; [editorial board: T. N. Mikhaleva (editor-in-chief) and others]. Minsk: BSU, 2021. Pp. 786-789.
7. Resolution of the Plenum of the Supreme Court of the Russian Federation of September 27, 2012 No. 19 (as amended on May 31, 2022) “On the application by the courts of the legislation on necessary defense and causing harm during the detention of a person who has committed a crime” // Rossiyskaya Gazeta. No. 227. October 3, 2012.
8. Resolution of the Plenum of the Supreme Court of the Republic of Belarus of December 16, 2004 No. 12 “On judicial practice in cases of crimes against the interests of the service (Articles 424-428 of the Criminal Code of the Republic of Belarus)”. [Electronic resource]. – Access mode: https://court.gov.by/ru/jurisprudence/post_plen/criminal/vsgov/6dfc7a79064c437d.html (date of access: 27.03.2024).
9. Resolution of the Council of Ministers of the Republic of Belarus dated 30.12.2022 No. 967 “On establishing the amount of the base unit”. [Electronic resource]. – Access mode: https://pravo.by (date of access: 27.03.2024).
10. Official exchange rates for a given date, set daily | Bank of Russia. [Electronic resource]. – Access mode: https://cbr.ru/currency_base/daily/ (date of access: 27.03.2024).
11. Moiseeva I. A. Official as a subject of corruption crime. [Electronic resource]. – Access mode: https://elib.bsu.by/handle/123456789/41601 (date of access: 03/27/2024).
12. Criminal Code of the RSFSR (approved by the Supreme Council of the RSFSR on 10/27/1960) (as amended on 07/30/1996). [Electronic resource]. – Access mode: https://www.consultant.ru (date of access: 03/27/2024).
CRIMINAL PROCEEDINGS
DAROVSKIKH Olga Igorevna
Ph.D. in Law, associate professor, professor of Criminal process sub-faculty of the St. Petersburg University of the MIA of Russia
DAROVSKIKH Svetlana Mikhaylovna
Ph.D. in Law, professor, professor of Criminal process, criminology and forensic examination sub-faculty of the National Research University South Ural State University, Chelyabinsk
REALIZATION OF THEIR SUBJECTIVE RIGHTS BY PARTICIPANTS IN CRIMINAL PROCEEDINGS AS A WAY TO ENSURE ITS EFFECTIVENESS
The article discusses the problematic issues of the implementation of their subjective rights by such participants in criminal proceedings as a suspect, accused, victim, defense attorney, civil plaintiff and civil defendant and their legal representatives, as well as persons who do not have their own interest in the criminal process of witnesses and witnesses. The authors consider the relationship and interdependence of the forms of implementation of the rights of these participants with ensuring the effectiveness of criminal proceedings. Some problems affecting efficiency have been identified. Firstly, this is ignorance of their subjective rights granted to them by law, secondly, the lack of skills to implement these rights and thirdly, the refusal to use their rights for protection. The authors identify some reasons for ignorance of subjective rights, a peculiar understanding in some cases of options for exercising rights, or choosing a method of protection, as well as refusal to use granted rights.
Keywords: criminal procedural activity, participants, rights, implementation of rights, efficiency.
Article bibliography
1. Portal of legal statistics of the Prosecutor General’s Office of the Russian Federation. Social portrait of crime. [Electronic resource]. – Access mode: http://crimestat.ru/social_portrait (date of visit: 01.06.2024)
2. Criminal case No. 1-178/2017 // Archive of the Kurgan City Court of the Kurgan Region
3. Criminal case No. 1-45/2022 // Archive of the Pravoberezhny District Court of Magnitogorsk.
CRIMINAL PROCEEDINGS
KAZMIROV Maxim Alexandrovich
senior lecturer of Criminal process law and criminology sub-faculty of the East Siberian branch of the Russian State University of Justice, Irkutsk, judge of the Irkutsk Regional Court, honorably retired
HISTORICAL AND LEGAL ANALYSIS OF THE LEGAL STATUS OF AN EXPERT, SPECIALIST AND LEGAL NORMS GOVERNING THE USE OF SPECIAL KNOWLEDGE IN THE CRIMINAL PROCEDURAL LEGISLATION OF THE RUSSIAN FEDERATION
This article opens a series of articles devoted to the analysis of the history of the appearance in the criminal procedural legislation of the Russian Federation of such evidence as the conclusion and testimony of a specialist, the history of the appearance in criminal proceedings of such a procedural participant as a “specialist”.
Also, this article provides a brief assessment of Soviet legislation in the field of use of special knowledge, describes the process of changes in criminal procedural legislation in connection with the adoption of the Code of Criminal Procedure of the Russian Federation, the process of resolving a number of gaps in Soviet legislation, and also describes a number of problems in the field of use of special knowledge not resolved by the adoption of the Code of Criminal Procedure of the Russian Federation.
Keywords: criminal proceedings, special knowledge, process of proof, expert, expert opinion, expert testimony, specialist, expert opinion, specialist testimony.
Article bibliography
1. Arutyunyan A. A., Brusnitsyn L. V., Vasiliev O. L. et al. Course of criminal procedure / Ed. L. V. Golovko. – M .: Statut, 2016. – 1278 p.
2. Kazmirov M. A. “Historical and legal analysis of the legal status of an expert, specialist and legal norms regulating the use of special knowledge in the criminal procedural legislation of the RSFSR” // Verb of Justice. – 2024. – No. 1. – P. 7-15
3. Gromov N., Smorodinova A., Soloviev V. Expert opinions: from the opinion of a lawyer to the conclusions of a physician (review of practice) // Russian Justice. – 1998. – No. 8. – P. 54-57.
4. Selina E. Expert opinion and testimony in criminal proceedings // Legality. – 2016. – No. 9. – P. 56-58.
CRIMINAL PROCEEDINGS
LIFANOVA Liliya Gennadjevna
Ph.D. in Law, associate professor, professor of Criminal process and criminalistics sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia
LYUBOZHENKO Igor Anatoljevich
associate professor of Criminal law disciplines and criminalistics sub-faculty of the Donetsk branch of the Volgograd Academy of the MIA of Russia, lieutenant colonel of police
PERSUASION AS A FORM OF REALIZATION OF CRIMINAL PROCEDURAL RIGHTS AND POWERS
The category of “conviction” in criminal proceedings is interrelated with the assessment of evidence. The legislator obliges the authorities of the subjects of criminal procedural activity to make legally significant decisions guided by an internal conviction based on the totality of the evidence available in the case. The authors believe that, in addition to internal persuasion, persuasion plays an important role in the implementation of the tasks of criminal proceedings as a method of influencing the consciousness and will of participants in criminal procedural relations, the degree of implementation of which depends on the stage of the criminal process, as well as other circumstances of the specific event under investigation.
Keywords: conviction, evaluation of evidence, procedural status of the subject of criminal proceedings, participant in criminal proceedings, stages of criminal procedural activity.
Article bibliography
1. Shitov M. A. Evaluation activity of the investigator in the process of proving: diss. … candidate of legal sciences. – Krasnodar, 2003.
2. Yatsishina O. E. Inner conviction as a basis for freedom of evaluation of evidence in Russian criminal proceedings: author’s abstract. diss. … candidate of legal sciences. – Chelyabinsk, 2004.
3. Kosykh A. A. Conviction in law: theory, practice, technique: dis. … candidate of legal sciences. – Vladimir, 2015.
4. Ushakov D. N. Large explanatory dictionary of the modern Russian language. 180,000 words and phrases. – M.: Alta-Print: DOM. XXI century, 2009.
5. Sadivankin S. G. Factors influencing the formation of internal conviction in the assessment of evidence // Problems of development of criminal procedural legislation at the present stage: collection of scientific articles edited by S. A. Sheifer. – Samara, 2002.
6. Baev O. Ya. Selected works on the problems of forensic science and criminal procedure. – Moscow, 2011.
7. Levchaeva N. V. Persuasion, suggestion and argumentation as the main psychological techniques of influence in the process of business communication // World of science and education. – 2016. – No. 1 (5).
CRIMINAL PROCEDURE
LOGACHEV Konstantin Konstantinovich
senior lecturer of Criminal process sub-faculty of the Barnaul Law Institute of the MIA of Russia
ACTIVITIES OF THE INVESTIGATOR AT THE STAGE OF COMPLETION OF THE INVESTIGATION
This paper examines the activities of the investigator at the final stage of the investigation. From the moment the investigator makes a decision to end the preliminary investigation and ends with the prosecutor sending the criminal case to the court for approval of the indictment. In addition, the author points out the variety of types of completion of the investigation. The issue of investigating a criminal case in stages is considered. Evaluation and analysis of the collected evidence is a key tool to confirm the correctness of the investigation.
Keywords: investigator, investigation, completion of the investigation, assessment of the collected evidence, final stage, familiarization with the case materials.
Article bibliography
1. Efimychev S. P., Efimychev P. S. Completion of the preliminary investigation with the drafting of an indictment // Criminal law. – 2021. – No. 1. – P. 94.
2. Alimamedov E. N. The concept of the stage of completion of the preliminary investigation with the indictment // Russian investigator. – 2018. – No. 11. – P. 67.
3. Rossinsky S. B. Indictment as a law enforcement act completing the preliminary investigation of a criminal case // Vest. Un-ta im. O.E. Kutafina. – 2018. – No. 2. – P. 155.
4. Golova S. I. Completion of the preliminary investigation by drawing up an indictment: concept, essence, historical retrospective // Society and Law. – 2022. – No. 4. – P. 89.
5. Bagryan A. A. Some problems of summing up the preliminary investigation // Law and Right. – 2021. – No. 10. – P. 140.
6. Klimchuk V. P. Errors at the end of the preliminary investigation and criminal procedural methods for their elimination: dis. … Cand. of Law. – M., 2019. – P. 59.
7. Activities of the investigator at the stage of completion of the preliminary investigation: a teaching aid / Ed. A. S. Esina et al. – M .: Moscow University of the Ministry of Internal Affairs of Russia named after V. Ya. Kikot, 2019. – P. 47.
8. Zenchenko L. E. On the issue of systematization of materials of a criminal case against two or more accused // Gaps in Russian legislation. – 2020. – No. 3. – P. 211.
9. Manova N. S. Russian criminal procedure: textbook. – M .: Dashkov i K, IP Er Media, 2019. – P. 156.
10. Galkin O. V. Problems of legal regulation of the production and use of copies of documents in criminal proceedings // Young science. – 2021: Collection of articles of the VIII All-Russian student scientific and practical conference, Moscow, April 24, 2021. – M.: MFUA, 2021. – P. 241.
CRIMINAL PROCEEDINGS
LONSHCHAKOVA Angella Rashitovna
Ph.D. in Law, associate professor of the Academy of Management of the MIA of Russia
LONSHCHAKOVA Polina Alexandrovna
student of the Ufa University of Science and Technology
LONSHCHAKOVA Angelina Alexandrovna
student of the Ufa University of Science and Technology
THE ROLE OF THE CONCEPTUAL THEORETICAL PROVISIONS OF GENNADY FEDOROVICH GORSKY, THE DEVELOPER OF THE SOVIET THEORY OF PRELIMINARY INVESTIGATION, IN THE FORMATION OF CRIMINALISTIC CRIME PREVENTION IN THE CONTEXT OF DIGITAL TRANSFORMATION OF SOCIETY
The article substantiates the opinion that the formation of a theoretical basis for criminalistic crime prevention is possible, to a large extent, on the basis of scientific achievements, scientific ideas formulated in the Soviet theory of preliminary investigation, developed by Gennady Fedorovich Gorsky. The main attention in the scientific research of Gennady Fedorovich Gorsky is paid to the prevention of crimes on the basis of “identification, study, proof and elimination of the causes of crime at the stage of preliminary investigation at all its stages, including at the initial stage, for example, when investigating crimes committed by minors” [2, 3]; factual and functional analysis of activities the investigative apparatus and on its basis the construction of algorithms for the prevention of crimes by procedural means and methods; public participation in crime prevention; in the organization of research on specific sociological studies of the circumstances of a crime; evidentiary law in the system of Soviet criminal procedure law; moral principles of proof. Modern trends in the development of scientific and technological progress, especially the use of large language models, allow us, based on the analysis of the works of Gennady Fedorovich Gorsky, to process extensive scientific and empirical material, thereby developing a more effective method of preventing crimes by procedural means.
Keywords: scientific works of Gennady Fedorovich Gorsky, achievements of the Soviet criminal process, the Soviet theory of preliminary investigation, the principle of historicism, revision of Soviet scientific achievements, forensic support, identification, proof, elimination of causes and conditions of crime, making representations, analysis of problematic issues and algorithms for their resolution, crime prevention, moral principles of proof.
Article bibliography
1. Belkin R. S. General theory of Soviet criminalistics. Saratov, 1986.
2. Gorsky G. F. Identification and study of the causes of crime at the stage of preliminary investigation: diss. … candidate of legal sciences. Voronezh, 1965.
3. Gorsky G. F. Scientific foundations of the organization of the activities of the investigative apparatus in the USSR: diss. … Doctor of Law. Moscow, 1973.
4. Gorsky G. F., Kokorev L. . D., Kotov D. P. Judicial Ethics. Some Problems of the Moral Principles of Soviet Criminal Procedure. Voronezh, 1973.
5. Gorsky G. F. Questions of Methodology and Practice of Specific Research into the Causes of Crime and the Personality of the Criminal in the Central Black Earth Economic Region area. Voronezh: Voronezh State University, 1964. (Co-authors: V. E. Chugunov, S. I. Sirota, V. F. Zudin, V. I. Guskov, G. R. Tkachev, Yu. A. Krasikov, E. F. Pobegaylo, S. I. Ryazanov).
6. Gorsky G. F. Identification and study of the causes of crime at the stage of preliminary investigation / Ed. V. E. Chugunov. Voronezh: Voronezh State University, 1964.
7. Gorsky G. F. On the practice of application criminal legislation in the fight against especially dangerous recidivism / Ed. A. M. Rekunkov, P. P. Svyatokhin, V. V. Trufanov. Voronezh: Voronezh State University, 1969.
8. Gorsky G. F. Use of mathematical methods in specific sociological studies of the causes of crime and the personality of the criminal // Study and prevention of crime: materials of practical conference. Issue 2. Voronezh, 1966.
9. Gorsky G. F., Guskov V. I. People’s Court. Voronezh: Voronezh State University. 1970.
10. Gorshenin L. G. Fundamentals of the Theory of Criminalistic Forecasting. Moscow, 1993.
11. Problems of Crime Prevention and Investigation: Past and Present. Dedicated to Professor Gennady Fedorovich Gorsky / Ed. V. A. Panyushkina; Voronezh State University. Voronezh: VSU Publishing House, 2014.
12. Lonshchakova A. R., Kharisova Z. I. Computer program “Software and analytical complex “Cybercrime”. Certificate of registration of the computer program No. 2020661720 from 09/30/2020.
13. Lonshchakova A. R., Lonshchakova P. A., Lonshchakova A. A. Analysis of individual cyber incidents. An integrated approach to protection against insider threats // Eurasian Law Journal. 2021. No. 11 (162). P. 402-404.
14. Lonshchakova A. R., Lonshchakov A. A. Computer program “AUTOPROTOCOL”.Certificate of registration of computer program No. 2024614431 dated 02/26/2024.
CRIMINAL PROCEEDINGS
MAGOMEDOVA Khadizhat Magomedovna
Master student of the 2nd year of full-time and part-time study at the Institute of Law of the Dagestan State University, Makhachkala
MIRZABALAEV Mirzabala Nasredinovich
Ph.D. in Law, associate professor of Criminal process and criminalistics sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
THE PROCEDURAL STATUS OF THE VICTIM AS A PARTICIPANT IN THE CRIMINAL PROCESS
The article analyzes the main problems of determining the status of a victim as a participant in criminal proceedings in the Russian Federation. The shortcomings of the legislative definition of the concept of “victim” and the difficulties of its application in practice, especially in cases of complex or indirect harm, are considered. The problems of protecting the rights of the victim at various stages of the criminal process, including obtaining information and participating in investigative actions, are outlined. The need to ensure the safety of victims facing threats and pressure is emphasized. The differences in the practice of applying legislation in different regions of the country and their impact on the protection of victims’ rights are described. The problem of insufficiency of compensationon mechanisms is analyzed and ways to improve them are proposed. In conclusion, recommendations are made to improve the legal regulation and practice of protecting the rights of victims in criminal proceedings.
Keywords: criminal prosecution, Code of Criminal Procedure of the Russian Federation, preliminary investigation, prosecution, preventive measures, judicial proceedings, rights of suspects and accused.
Article bibliography
1. Barinov S. V. On the specifics of obtaining testimony from the victim and witnesses in a criminal case // State and Law in the 21st Century. – 2021. – No. 1. – P. 38-44.
2. Vedmanova N. N. Legal status of the victim in criminal proceedings // Scientific notes. – Orenburg: RPC Poliart, 2020. – P. 114-117.
3. Kirsanova T. A. The concept of a victim and a witness in criminal law // Eurasian Advocacy. – 2021. – No. 1. – P. 34-38.
4. Nuekhova K. K. The victim as a participant in criminal proceedings // Forum of young scientists. – 2020. – No. 11 (51). – P. 222-225.
5. Pristavka, A. A. The victim in criminal proceedings // Tribune of the scientist. – 2020. – No. 2. – pp. 123-129.
CRIMINAL PROCEDURE
MILIKOVA Anna Vladimirovna
Ph.D. in Law, associate professor of Criminal law sub-faculty of the Volgograd State University
SHUBENKOVA Kseniya Vladimirovna
Ph.D. in Law, associate professor of Jurisprudence sub-faculty of the Volzhsky branch of the Volgograd State University
THE LEGAL AND MANAGERIAL NATURE OF CRIMINAL PROCEDURAL ACTS
Criminal procedural acts are a legal category that has an ambiguous interpretation and application both in the scientific literature and in legislative norms. Due to the lack of uniformity, in part, and understanding of the meaning of the issues under consideration, many practical questions arise. In this article, the authors attempt to draw attention to the problems of criminal procedural acts, to determine their legal nature, including its characteristics such as procedural form and managerial nature.
Keywords: criminal process, criminal procedure act, procedural documents, decisions, management, digitalization, criminal procedure form.
Article bibliography
1. Alekseev S. S. Collected Works. In 10 volumes [+ Reference volume]. Volume 3: Problems of the Theory of Law: Lecture Course. – Moscow: Statut, 2010. – 781 p.
2. Dolgov A. M. Indictment, indictment resolution and indictment as final documents of the preliminary investigation // Society: politics, economics, law. – 2016. – No. 9. – P. 67-69. – EDN WMIQRJ.
3. Kulcharova AV Procedural powers of the head of the inquiry unit in criminal proceedings in Russia: author’s abstract. dis. … candidate of legal sciences; Volgograd academy of the Ministry of Internal Affairs of the Russian Federation. – Volgograd, 2024. – 29 p.
4. Lupinskaya PA Decisions in criminal proceedings: theory, legislation and practice. – M.: Jurist, 2006. – 174 p.
5. Milikova AV, Rossinsky SB Criminal procedural acts of preliminary investigation bodies. – Moscow: Publishing house “Yurlitinform”, 2021. – 160 p. – (Criminal procedure). – ISBN 978-5-4396-2169-9. – EDN AKQUZF.
6. Rossinsky S. B., Milikova A. V. Reflections on the essence of criminal procedural acts of preliminary investigation bodies // Legal education and science. – 2019. – No. 9. – P. 17-25. – DOI 10.18572/1813-1190-2019-9-17-25. – EDN QPXJTQ.
7. Criminal procedural acts: a textbook for universities / G. V. Starodubova [et al.]; edited by G. V. Starodubova. – 4th ed., revised. and additional. – Moscow: Publishing house Yurait, 2024. – 456 p. – (Higher education). – ISBN 978-5-534-18410-5. – Text: electronic // Educational platform Yurait [website]. [Electronic resource]. – Access mode: https://urait.ru/bcode/534958/p.22 (date of access: 19.06.2024).
CRIMINAL PROCEEDINGS
MUSTAPAEV Hamid Salamovich
magister student of the 2nd course of correspondence studies of the Institute of Law of the Dagestan State University, Makhachkala
BEGOVA Dinara Yakubovna
Ph.D. in Law, associate professor of Criminal process and criminalistics sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
CRIMINAL PROSECUTION IN THE CRIMINAL PROCEEDINGS OF FOREIGN COUNTRIES
The article examines the specifics of criminal prosecution in the United States of America, Great Britain, France and China. The legal foundations, procedures and stages of the criminal process in each of these countries are analyzed in detail, including the role of prosecutors, investigative bodies and courts. Special attention is paid to the principles of competition and inquisitiveness, as well as to the specific features of each national legislation, such as the Federal Rules of Criminal Procedure of the United States, the Law on Police and Criminal Evidence of the United Kingdom, the Criminal and Criminal Procedure Codes of France and China. The differences in legal traditions and cultural factors influencing criminal prosecution, as well as their impact on the fairness and legality of the judicial process, are under investigation. The article emphasizes the importance of international cooperation and exchange of experience for improving legal systems and protecting citizens’ rights at the international level.
Keywords: criminal prosecution, legal system, criminal procedure, USA, Great Britain, France, China.
Article bibliographic list
1. Ilyina E. R. Criminal prosecution in foreign countries // Pen of Science. – 2020. – No. 28. – P. 40-43.
2. Makarenko M. A., Shestakova S. D. Chapter 32. Study of criminal procedure of foreign states // Actual problems of criminal procedure: textbook for adjuncts and master’s students educational organizations of the system of the Ministry of Internal Affairs of the Russian Federation. – St. Petersburg: Center for Scientific and Information Technologies “Asterion”, 2022. – P. 865-893.
3. Stelmakh V. Yu. Criminal prosecution at the request of a foreign state: legislative regulation in the Russian Federation // Modern criminal procedural law – lessons of history and problems of further reform. – 2020. – Vol. 2. No. 1 (2). – P. 238-244.
4. Khilkevich V. V. Electronic criminal case: experience of foreign countries // Category of legitimate interest in the branches of public and private law: collection of scientific articles. – Vitebsk: Vitebsk State University named after P. M. Masherov, 2022. – P. 99-103.
5. Shutemov S. I. Features of criminal proceedings in foreign countries // Perm period: Collection of materials of the V International scientific and sports festival of cadets and students, Perm, May 14-19, 2018. Volume 1. – Perm: Perm Institute of the Federal Penitentiary Service, 2018. – P. 293-296.
CRIMINAL PROCEEDINGS
OMAROV Ezer Alievich
Master student of the 1st year of correspondence education at the Institute of Law of the Dagestan State University, Makhachkala
DATSIEVA Khadizhat Hasanovna
Ph.D. in Law, associate professor of the Institute of Law of the Dagestan State University, Makhachkala
PROBLEMS OF THE DEFENDER’S PARTICIPATION IN CRIMINAL PROCEEDINGS
The article examines the actual problems of the defender’s participation in criminal proceedings, analyzes the legal norms governing the rights and duties of the defender, and identifies the main obstacles faced by lawyers in the implementation of the defense. Special attention is paid to the issues of restricting access to case materials, confidentiality of meetings with the defendant, as well as insufficient qualifications of public defenders. The cases of pressure on defenders by investigative authorities and courts are being investigated, which violates the principles of fair trial. The article presents proposals for improving legislation and the practice of its application to ensure equality of the parties and protect the rights of the accused. The effectiveness of the existing mechanisms for appealing the actions of investigative authorities and their impact on the right to protection is assessed.
Keywords: the participation of the defender, criminal proceedings, the rights of the accused , confidentiality, pressure on defenders, appeal, judicial practice.
Article bibliography
1. Gasanova Z. G. Actual legal and practical problems of participation of the defense attorney in criminal proceedings // Science and education: economy and economics; entrepreneurship; law and management. – 2021. – No. 6 (133). – P. 116-119.
2. Zhiglov R.S., Latyntsev N.V., Spitsyna A.O. Preliminary investigation stage: problems of implementing the powers of the defense attorney // State and Law: Problems and Prospects for Improvement: Collection of scientific papers of the 5th International Scientific Conference , Kursk, September 30, 2022. – Kursk: South-West State University, 2022. – P. 115-118.
3. Martynenkov D. G. Problems of implementing the principle of ensuring the right to defense in criminal proceedings // Current issues public law: Proceedings of the XX All-Russian Scientific Conference of Students and Young Scientists, Yekaterinburg, November 11-12, 2021. Volume Issue 20. – Yekaterinburg: Federal State Budgetary Educational Institution of Higher Education “Ural State Law University”, 2021. – P. 580-590.
4. Sysoeva T. V., Sysoev A. V. Problems arising in criminal proceedings involving alawyer as a defender appointed by law enforcement agencies // Current scientific research in the modern world. – 2020. – No. 7-6 (63). – P. 149-156.
5. Starikova A. I. Some problems of participation of a defender in criminal proceedings // Law. Society. State: Collection of scientific works of students and graduate students / Editorial board: D. V. Rybin (chairman), E. V. Trofimov (editor-in-chief) [and others]. Volume 14. – St. Petersburg: St. Petersburg Institute (branch) of the Federal State Budgetary Educational Institution of Higher Education “All-Russian State University of Justice (RPA of the Ministry of Justice of Russia)”, 2021. – P. 58-63.
CRIMINAL PROCEEDINGS
PAVLOV Mikhail Mikhaylovich
Legal Adviser
TOPICAL ISSUES OF THE RETURN OF THE CRIMINAL CASE TO THE PROSECUTOR IN THE ORDER OF ART. 237 OF THE CODE OF CRIMINAL PROCEDURE OF THE RUSSIAN FEDERATION
The presented scientific article analyzes the essential aspects and issues related to the practice of applying Article 237 of the Code of Criminal Procedure of the Russian Federation concerning the return of a criminal case to the prosecutor. A number of constructive ideas have been proposed to improve criminal procedure standards in this area. In the context of a detailed study of the article, both positive aspects of the application of Article 237 of the Code of Criminal Procedure of the Russian Federation and possible shortcomings requiring correction were identified. In particular, the cases where the return of a criminal case to the prosecutor is necessary and justified are considered in detail, as well as situations where this procedure may cause certain difficulties or difficulties. The article contains proposals to improve the process of returning cases to the prosecutor, including clarifying the criteria for making such a decision, improving control mechanisms over this process and increasing the effectiveness of interaction between participants in the criminal process. The above analysis not only makes it possible to better understand the essence of Article 237 of the Code of Criminal Procedure of the Russian Federation, but also suggests practical steps to improve criminal procedural practice in this area.
Keywords: criminal proceedings, return of a criminal case to the prosecutor, protection of the rights of participants in criminal proceedings, current issues, improvement of legislation.
Article bibliography
1. Constitution of the Russian Federation: adopted by popular vote on December 12, 1993 [as amended] // SZ RF. – 2014. – No. 31. – Art. 4398.
2. Criminal Procedure Code of the Russian Federation of 18.12.2001 No. 174-FZ // SZ RF. – 2001. – No. 52 (Part 1). – Art. 4921.
3. Ruling of the Constitutional Court of the Russian Federation of 25.11.2010 No. 1567-O-O “On the refusal to accept for consideration the complaint of citizen Mikhail Sergeevich Piven regarding the violation of his constitutional rights by paragraph 1 of part one of article 221 of the Criminal Procedure Code of the Russian Federation” // SPS “ConsultantPlus”. – [Electronic resource]. – Access mode: https://clck.ru/3BSTfp (date accessed: 21.06.2024).
4. Definition of the Constitutional Court of the Russian Federation of 27.02.2018 No. 274-O “On refusal to accept for consideration the complaint of citizen Pavel Viktorovich Landysh on the violation of his constitutional rights by Articles 154, 237 and 239.1 of the Criminal Procedure Code of the Russian Federation” // SPS “ConsultantPlus”. – [Electronic resource]. – Access mode: https://clck.ru/3BSTgU (date accessed: 21.06.2024).
5. Resolution of the Plenum of the Supreme Court of the Russian Federation of 22.12.2009 No. 28 “On the application by the courts of the norms of criminal procedural legislation governing the preparation of a criminal case for trial” // Bulletin of the Supreme Court of the Russian Federation. – 2010. – No. 2.
6. Order of the Prosecutor General of Russia dated 30.06.2021 No. 376 “On the participation of prosecutors in the judicial stages of criminal proceedings” // SPS “ConsultantPlus”. – [Electronic resource]. – Access mode: https://clck.ru/3BSTgw (date accessed: 21.06.2024).
7. Review of judicial practice of the Supreme Court of the Russian Federation No. 1 (2022) (approved by the Presidium of the Supreme Court of the Russian Federation on 01.06.2022) // Bulletin of the Supreme Court of the Russian Federation. – 2022. – No. 7.
8. Generalization of the practice of issuing decisions by district (city) courts of the Samara Region to return criminal cases to the prosecutor in accordance with Art. 237 of the Criminal Procedure Code of the Russian Federation for 7 months of 2018 // SPS “ConsultantPlus”. – [Electronic resource]. – Access mode: https://clck.ru/3BSTh9 (date accessed: 21.06.2024).
9. Analysis of the reasons for the issuance of decisions by appellate courts to return criminal cases in accordance with Art. 237 of the Criminal Procedure Code of the Russian Federation, as well as the adoption of rehabilitative decisions for 2018 // Criminal-Judicial Department of the Prosecutor’s Office of the Republic of Crimea, 2019. – 16 p.
10. The state of law and order in the Russian Federation and the work of the prosecutor’s office in 2022 // Information and analyticalnote. – M., 2023.
11. Participation of the prosecutor in the judicial stages of criminal proceedings: monograph / Under the general editorship of A. G. Khaliulin. – M.: Prospect, 2022. – 208 p.
CRIMINAL PROCEEDINGS
PETRAKOV Sergey Viktorovich
Ph.D. in Law, associate professor Head of Investigative activities management sub-faculty (Higher Academic Courses) of the Faculty of Advanced Studies of the St. Petersburg Academy of the Investigative Committee
SMOLYAKOV Anatoliy Antonovich
Ph.D. in Law, professor, professor of General legal disciplines sub-faculty of the Leningrad regional branch of the St. Petersburg University of the MIA of Russia, Honored Lawyer of the Russian Federation
CHASOVNIKOVA Olga Georgievna
Ph.D. in Law, associate professor of Labor law sub-faculty of the Hero of the Russian Federation, Army General E. N. Zinichev St. Petersburg University of the Ministry of Emergency Situations of Russia
FORMATION AND DEVELOPMENT OF JUVENILE JUSTICE IN THE RUSSIAN JUDICIAL SYSTEM
The article emphasizes the importance of considering the issue of the formation and development of the prosecutor’s office in Russia. Particular attention is paid to the stages of formation of a control and supervisory agency in the state structure of the Russian Federation. Taking into account the increasing burden on the law enforcement system, the role of the prosecutor’s office became more noticeable with each transitional historical period. The article outlines the importance of the activities of the prosecutor’s office and their functional responsibilities in full accordance with the Criminal Procedure Code of the Russian Federation.
Keywords: prosecutorial authorities, control and supervisory agency, history of the prosecutor’s office, judicial reform, military prosecutor’s office, prosecutor, control authorities, supervisory functions.
Article bibliography
1. Bayramov F. Reasons for the creation and development of the prosecutor’s office at the initial stage // XI International scientific and practical conference: collection of articles. – Penza, 2023. – P. 124.
2. Kuchinskaya E. V. History of the emergence, formation and development of the Russian prosecutor’s office. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/istoriya-vozniknoveniya-stanovleniya-i-razvitiya-rossiyskoy-prokuratury (date of access: 16.01.2024).
3. Miretina M. A. History of the development of regulation of prosecutorial supervision over the procedural activities of preliminary investigation bodies. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/istoriya-razvitiya-reglamentatsii-prokurorskogo-nadzora-za-protsessualnoy-deyatelnostyu-organov-predvaritelnogo-sledstviya (date of access: 16.01.2024).
4. Giniatullina I. A. Bikkuzina L. G. Salimgareeva A. I. On the issue of the participation of the prosecutor in criminal proceedings // International Journal of Humanities and Natural Sciences. collection of articles. – 2023. –№ 4-1 (79). – P. 156.
5. Gurina O. A. Changes in the activities of the Soviet prosecutor’s office during the Great Patriotic War (1941-1945). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/izmeneniya-v-deyatelnosti-sovetskoy-prokuratury-v-gody-velikoy-otechestvennoy-voyny-1941-1945-gg-1 (date of access: 16.01.2024).
6. Galkin O. V. History of the legal status of the prosecutor as a subject of proof in criminal proceedings (1955-2007). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/istoriya-pravovogo-statusa-prokurora-kak-subekta-dokazyvaniya-v-ugolovnom-protsesse-1955-2007-gg (date of access: 01/17/2024).
CRIMINAL PROCEDURE ESS
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
TO THE ANALYSIS OF MODERN THEORIES OF CRIMINAL BEHAVIOR AND THE CHARACTERISTICS OF THE CRIMINAL’S PERSONALITY
In the article, the author draws attention to the issues of determining the determinants of deviant behavior. The current psychological factors determining crime in the modern world are under investigation. The general characteristics of the main psychological theories of the causes of crime are considered. The author analyzes certain aspects of psychoanalytic theory as a tool for interpreting crime from a psychological point of view. The basic principles and factors of influence on the criminal orientation of a person from the standpoint of the theory of social control are formulated. The essence of behavioral theory as a psychological approach to the study of criminal behavior of people is described.
Keywords: minors determinants of crime, criminogenic factors, criminal psychology, criminal personality, psychological theories of crime.
Article bibliography
1. Decree of the President of the Russian Federation of 18.04.1996 No. 567 (as amended on 14.06.2024) “On the coordination of the activities of law enforcement agencies in the fight against crime.” [Electronic resource]. – Access mode: https://www.consultant.ru/
2. Social and psychological theories of crime. [Electronic resource]. – Access mode: https://cyberleninka.ru/
3. Ivanov V. G. Causality and determinism. Study guide. – Moscow: Jurist. – 2020. – P. 167.
4. Speech by the Prosecutor General of the Russian Federation at an expanded meeting of the Board of the Ministry of Internal Affairs of Russia. [Electronic resource]. – Access mode: https://epp.genproc.gov.ru/web/gprf/mass-media/interviews-and-presentations
5. Brief characteristics of the state of crime in the Russian Federation for January-November 2023. [Electronic resource]. – Access mode: https://мвд.рф/reports/item
6. Kudryavtsev V. N. Causes of crime in Russia: Criminological analysis. Study guide. – Moscow: NORMA, 2019. – P. 112.
7. Decree of the President of the Russian Federation of July 2, 2021 No. 400 “On the national security strategy of the Russian Federation”. [Electronic resource]. – Access mode: https://www.consultant.ru/
8. Psychoanalytic concepts of the causes of crime. [Electronic resource]. – Access mode: https://determiner.ru/
9. Freud’s theory of psychoanalysis: basic provisions. [Electronic resource]. – Access mode: https://edrodpo.com/blog
10. Avdiyskiy V. I., Bukalerova L. A. Criminology and crime prevention. Methodological manual. – M.: Yurait, 2023. – P. 302.
11. Andreeva G. M. Social Psychology. Tutorial. – M.: Aspect Press, 2022. – P. 363.
12. Asil’derova M. M. Social and psychological support of the adaptation period of minors. Tutorial. – M.: Directmedia Publishing, 2023. – P. 213.
13. Sosnovsky B. A. General and social psychology. A teaching aid. – M.: Yurait, 2024. – P. 482.
14. Toropov P. B. Formation of behavior: practical application of behaviorism ideas. A teaching aid. – M.: Prospect, 2019. – P. 230.
15. The behaviorist approach to explaining crime. [Electronic resource]. – Access mode: https://talentsy.ru/blog/biheviorizm-v-psihologii/
16. Solovieva O. V. Behaviorism – prediction of behavior and control over it. A teaching aid. – M.: INFRA-M., 2021. – P. 197.
CRIMINAL PROCEEDINGS
RUBEKO Georgiy Leonidovich
Ph.D. in Law, Head of Criminal law and process sub-faculty of the Kalmyk State University, Elista
BOCHAEVA Vlada Yurjevna
magister student of the 2nd course of the direction 40.04.01 “Jurisprudence” of the master’s program “Criminal Procedure, Judicial branch, Prosecutor’s Office, Advocateship” of the Kalmyk State University, Elista
OLYKAINEN Sanal Alexandrovich
magister student of the 2nd course of the direction 40.04.01 “Jurisprudence” of the master’s program “Criminal Procedure, Judicial branch, Prosecutor’s Office, Advocateship” of the Kalmyk State University, Elista
DANZHEEV Nikolay Vladimirovich
magister student of the 2nd course of the direction 40.04.01 “Jurisprudence” of the master’s program “Criminal Procedure, Judicial branch, Prosecutor’s Office, Advocateship” of the Kalmyk State University, Elista
ON THE ISSUE OF THE LEGAL NATURE OF THE PRINCIPLES OF CRIMINAL PROCEDURE
The article characterizes the features of the legal regulation of the principles of criminal proceedings. In particular, the historical aspects of the consolidation of principles in criminal procedure legislation are characterized. The modern features of the consolidation of principles in the Code of Criminal Procedure of the Russian Federation are characterized. The features of the legal nature of the principles of criminal proceedings are shown. Various definitions of the principles of criminal procedure are highlighted. It is indicated that the purpose of the principles is to combine different norms of a criminal procedural nature into a single system based on a single core.
Keywords: criminal proceedings, principles of criminal proceedings, stages of criminal proceedings.
Article bibliography
1. Ayvazyan S. A. Sub-branch of law as an element of the legal system (using one criterion – the subject of legal regulation) // Agrarian and land law. – 2017. – No. 9 (153).
2. Ilyukhina V. A. Principles of criminal proceedings in the RSFSR: historical and legal analysis of the Soviet criminal procedural legislation // New perspective. – 2019. – No. 4.
3. Kamardina A. A. Independence of judges as a principle of criminal proceedings // Current issues of combating crime. – 2015. – No. 2.
4. Kurepina N. L., Rubeko G. L. Legal forms of combating corruptionat various stages of development of the Russian state: historical analysis // Scientific Thought of the Caucasus. – 2020. – No. 4.
5. Lukyancev A. A., Rubeko G. L. Management of joint-stock companies at the present stage // Jurisprudence. – 2003. – No. 6.
6. Methodological tools for assessing threats to the economic security of a multiethnic region: monograph / Ed. by prof. N. L. Kurepina. – Elista: Publishing house of Kalm. University, 2020.
7. Rubeko G. L. The fight against corruption in Russia: historical aspects // Actual issues of security of the Russian Federation: materials of the regional scientific and practical conference. Regional branch of the All-Russian public organization “Association of Lawyers of Russia” for the Republic of Kalmykia, Office of the Ministry of Justice of Russia for the Republic of Kalmykia. – Elista, 2017.
8. Criminal Procedure Law (Criminal Procedure): Textbook for Universities / Edited by prof. E.K. Kutuev. – SPb.: St. Petersburg University of the Ministry of Internal Affairs of Russia; University Foundation, 2019 – P. 61.
9. Criminal Procedure: textbook. – Chelyabinsk: Publishing Center of SUSU, 2016.
10. Criminal Procedure: textbook for universities / Edited by B.B. Bulatov, A.M. Baranov. – M.: Publishing House Yurait, 2024.
CRIMINAL PROCEDURE
STEPANENKOV Alexander Yurjevich
postgraduate student, scientific specialty 12.00.09 Jurisprudence focus “Criminal procedure” of the Chelyabinsk State University
PROCEDURAL FEATURES AT THE STAGE OF INITIATION OF CRIMINAL CASES IN THE FIELD OF ECONOMIC ACTIVITY
The importance of the stage of initiation of a criminal case in the investigation of crimes in the field of economic activity, consideration of the reasons and grounds for issuing a decision on the initiation of a criminal case. Changing approaches to the initiation of criminal proceedings for crimes in the field of economic activity is the reason for reducing the possibility of restricting law enforcement agencies to influence participants in economic activity. Complication of the process of the stage of initiation of a criminal case in the field of economics; the expansion of procedural guarantees of suspects or accused persons determines the growth of dispositivity at the initial stage of the investigation. Special conditions for creating a favorable climate for the development of entrepreneurial activity should not violate the balance of interests of the individual, society and states, contradict the principle of equality of all before the law, including at the stage of initiation of criminal proceedings.
Keywords: initiation of a criminal case, crimes in the field of economic activity, reason, reason, disposition.
Article bibliographic list
1. Golovko L.V. Course in criminal procedure. – M.: Statut, 2016. – 596 p.
2. Sychev P. G. Dissertation for the degree of Doctor of Law “Differentiation of Russian criminal proceedings in cases of crimes in the sphere of economic and entrepreneurial activity: trends and prospects” . – M., 2021. – 444 p.
3. Tomin V. P. Commentary on the Criminal Procedure Code of the Russian Federation: – 7th ed., revised and supplemented. – M.: Publishing House Yurait, 2014 . – 248 p.
4. Lebedev V. M. Scientific and practical commentary to the Criminal Procedure Code of the Russian Federation: – 9th ed., revised and enlarged. – M.: Yurait Publishing House, 2014. – 371 p.
5. Chabukiani O. A. Dissertation for the degree of Doctor of Law “Theory of Investigative Activity: Concept, Functions, Ways of Improvement”. – St. Petersburg, 2022. – 423 p.
6. [Electronic resource]. – Access mode: https://мвд.рф/
CRIMINAL PROCEEDINGS
KHORSHEVA Valentina Sergeevna
Ph.D. in Law, associate professor, associate professor of Preliminary investigation sub-faculty of the Educational and Scientific Complex on Preliminary Investigation of the DIA of the Volgograd Academy of the MIA of Russia
SHEPELEVA Olga Rinatovna
Ph.D. in Law, associate professor, associate professor of Criminal law and process sub-faculty of the A. S. Pushkin Leningrad State University, St. Peterburg, Pushkin
PROBLEMS OF PROTECTION OF HUMAN AND CIVIL RIGHTS IN CRIMINAL PROCEEDINGS
The study of issues related to the protection of personal rights in criminal proceedings is one of the most important goal and objectives of the existence of jurisprudence. The state should not only recognize, but also guarantee the possibility to exercise the right and legitimate interests of an individual, enshrined at various levels, up to the international law. The article reveals the principles of protection of human and civil rights and freedoms in criminal proceedings. Examples of violations of the rights of participants in criminal proceedings are considered.
Keywords: the principle of criminal proceedings, protection of individual rights, freedom and interests of the individual, guarantees, prosecutorial supervision.
Article bibliography
1. Taova L. Yu. Normative regulation of the principle of protection of human and civil rights and freedoms in criminal proceedings in Russia // Theory and practice of social development. – 2015. – No. 9. – P. 121.
2. Kolosovich O. S. Extradition proceedings and ensuring the rights and legitimate interests of its participants: a comparative legal analysis / / Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2023. – No. 4 (67). – P. 89.
3. Butov V. N. Some aspects of the problem of protecting the rights and freedoms of the individual in criminal procedure legislation // Bulletin of the Ural Institute of Economics, Management and Law. – 2013. – No. 1 (22). – P. 22.
4. Khazov E. N., Khazova V. E. The Council of Europe, the UN, international organizations and their role in the observance, protection and defense of human rights and freedoms in the world community // Criminal-executive system: law, economics, management. – 2016. – No. 1. – P. 3.
CRIMINAL PROCEDURESS
NOVIKOVA Ekaterina Anatoljevna
Ph.D. in Law, professor of Criminal process sub-faculty of the I. D. Putilin Belgorod Law Institute of the MIA of Russia
PSHENICHNYKH Sergey Nikolaevich
researcher of the Department of Organization of Scientific Research Work of the Research Department of the I. D. Putilin Belgorod Law Institute of the MIA of Russia
KRUPENNIKOVA Kristina Konstantinovna
cadet of the Faculty of Interrogator Training of the I. D. Putilin Belgorod Law Institute of the MIA of Russia
TO THE ISSUE OF ENSURING THE PARTICIPANTS RIGHTS IN PRE-TRIAL PROCEEDINGS UNDER CONDITIONS OF USING VIDEO-CONFERENCING
The article is devoted to problematic aspects of ensuring the rights of individual participants in the criminal process by the preliminary investigation authorities when using video conferencing in pre-trial proceedings.
The authors of the study state that legislative changes have delegated to law enforcement officers the authority to carry out certain investigative and procedural actions through video conferencing at the stage of preliminary investigation. At the same time the existing gaps in the regulatory regulation of the procedure for their production certainly contribute to the restriction or violation of the rights of participants in criminal proceedings.
The analysis of judicial and investigative practice and foreign experience in regulating the rights of participants in pre-trial proceedings in the process of remote investigative and procedural actions has allowed the authors to formulate proposals aimed at improving legislation.
Keywords: enforcement of rights, pre-trial proceedings, video – conferencing, investigative and procedural actions.
Article bibliographic list
1. Criminal Procedure Code of the Russian Federation dated December 18, 2001 No. 174-FZ (as amended on May 29, 2024). [Electronic resource]. – Access from the SPS “Consultant Plus”.
2. The Ministry of Justice added Meta to the register of extremist organizations: the news Internet portal “RBC”. [Electronic resource]. – Access mode: https://www.rbc.ru (date accessed: 10.06.2024).
3. Zoom was sued for violating user privacy: news portal “Sharespro”. [Electronic resource]. – Access mode: https://sharespro.ru (date of access: 10.06. 2024).
4. Malysheva O. A. Procedural guarantees of the rights of participants in investigative actions carried out using a video conferencing system // Lex Russica. – 2022. – No. 6. – P. 74-84.
5. Criminal Procedure Code of the Republic of Belarus. [Electronic resource]. – Access mode: https://kodeksy-by.com/ugolovno-protsessualnyj_kodeks_rb/343-1.htm (date of access: 10.06.2024).
6. Criminal Procedure Code of the Republic of Kazakhstan. [Electronic resource]. – Access mode: https://kodeksy-kz.com/ka/ugolovno-protsessualnyj_kodeks/213.htm (date of access: 06/10/2024).
CRIMINAL PROCEDURE
BORMANJIEVA Mariya Alexandrovna
magister student of the 2nd course of the direction 40.04.01 “Jurisprudence” of the master’s program “ Criminal Procedure, Judicial branch, Prosecutor’s Office, Advocateship” of the Kalmyk State University, Elista
AIGUROVA Valeriya Maksimovna
magister student of the 2nd course of the direction 40.04.01 “Jurisprudence” of the master’s program “Criminal Procedure, Judicial branch, Prosecutor’s Office, Advocateship” of the Kalmyk State University, Elista
GASHUNOV Arslang Sanalovich
magister student of the 2nd course of the direction 40.04. 01 “Jurisprudence” of the master’s program “Criminal Procedure, Judicial branch, Prosecutor’s Office, Advocateship” of the Kalmyk State University, Elista
MANJIEV Dmitriy Dmitrievich
magister student of the 2nd course of the direction 40.04.01 “Jurisprudence” of the master’s program “Criminal Procedure, Judicial branch, Prosecutor’s Office, Advocateship” of the Kalmyk State University, Elista
THE COURT AS A PARTICIPANT IN CRIMINAL PROCEEDINGS: HISTORICAL AND LEGAL ASPECTS
The article deals with historical and legal issues related to the legal position of the court as a participant in criminal proceedings. Thus, the features of the legal status of the court after the judicial reform of 1864 are characterized. It is emphasized that it was then that the foundations of the court as an independent body for the consideration of criminal cases were being forged. The features of the legal regulation of the activity of courts in the Soviet era are considered. The contradictions that arose during that period in determining the legal status of the court are shown. The prerequisites that predetermined the peculiarities of legal regulation of the legal position of the court as a participant incriminal proceedings at the present stage are also analyzed.
Keywords: court, criminal proceedings, participants in criminal proceedings.
Article bibliography
1. Antonova L. I. Revolutionary codification of the legislation of the RSFSR (1920-1930s) // Management consulting. – 2008. – No. 4.
2. Biryukova O. V. Popular participation in justice: on the example of the Shefen court and jury trial // Bulletin of the Kemerovo State University. Series: Humanities and social sciences. – 2023. – No. 1.
3. Gataullin A. G., Zainutdinov D. R. The Constitution of the USSR of 1936: the model of “Repressive constitutionalism” // Bulletin of the Kazan Law Institute of the Ministry of Internal Affairs of Russia. – 2019. – No. 2.
4. Efremova N. N. Evolution of domestic justice (judicial reforms of the twentieth – early twenty-first centuries) // Law. Journal of the Higher School of Economics. – 2009. – No. 1.
5. Krakovsky K. P. Judicial reform of 1864: significance and historical and legal assessments // Journal of Russian Law. – 2014. – No. 12 (216).
6. Kurepina N. L., Rubeko G. L. Legal forms of combating corruption at various stages of development of the Russian state: historical analysis // Scientific thought of the Caucasus. – 2020. – No. 4.
7. Lukyancev A. A., Rubeko G. L. Management of joint-stock companies at the present stage // Jurisprudence. – 2003. – No. 6.
8. Methodological tools for assessing threats to the economic security of a multiethnic region: monograph / edited by prof. N. L. Kurepina. – Elista: Publishing house of Kalm. University, 2020.
9. Rubeko G. L. The fight against corruption in Russia: historical aspects // Actual issues of security of the Russian Federation: materials of the regional scientific and practical conference. Regional branch of the All-Russian public organization “Association of Lawyers of Russia” in the Republic of Kalmykia, Department of the Ministry of Justice of Russia in the Republic of Kalmykia. – Elista, 2017.
10. Sukhanberdieva A. N. Judicial reform of 1922 // Bulletin of the Moscow City Pedagogical University. Series: Legal Sciences. – 2013. – No. 1.
11. Sheudzhen N. A., Khokonova M. R. Features of the formation of the Soviet judicial system (late 1917): ideological and political-legal aspects // Society and Law. – 2020. – No. 2.
CRIMINAL PROCEDURE
KAZMIROV Maxim Alexandrovich
senior lecturer of Criminal process law and criminology sub-faculty of the East Siberian branch of the Russian State University of Justice, Irkutsk, judge of the Irkutsk Regional Court, honorably retired
HISTORICAL AND LEGAL ANALYSIS OF CHANGES MADE IN THE PERIOD FROM 2003 TO 2013 TO THE NORMS OF CRIMINAL PROCEDURE LEGISLATION OF THE RUSSIAN FEDERATION REGULATING THE USE OF SPECIAL KNOWLEDGE IN CRIMINAL PROCEEDINGS
This article is the second in a series of articles dedicated to the study of the history of the appearance in the criminal procedural legislation of the Russian Federation of such evidence as the conclusion and testimony of a specialist, the history of the appearance in criminal proceedings of such a procedural participant as a “specialist”.
This article describes the process of transformation of the Code of Criminal Procedure of the Russian Federation in the sphere of the use of special knowledge from the moment of its adoption to changes in legislation made by Federal Law dated 04.03.2013 N 23-FZ, as well as the process of transformation of judicial practice this same area, analyzed and justified the logic of the changes made. At the same time, the article describes and justifies the incompleteness of the legal reforms carried out, as a result of which the reasons for the emergence of a number of practical and theoretical problems associated with the use of special knowledge in the process of criminal proceedings were identified.
Keywords: criminal proceedings, special knowledge, process of proof, expert, expert opinion, expert testimony, specialist, expert opinion, specialist testimony.
Article bibliography
1. Shutemova T. Problems of the prosecutor’s assessment of the expert’s conclusion in criminal cases // Verb of Justice. – 2020. – No. 3. – pp. 25-27.
CRIMINAL PROCEDURE
MAGOMEDOVA Khadizhat Magomedovna
magister student of the 2nd course of the full-time and part-time study of the Institute of Law of the Dagestan State University, Makhachk ala
MIRZABALAEV Mirzabala Nasredinovich
Ph.D. in Law, associate professor of Criminal process and criminalistics sub-faculty of the Dagestan State University, Makhachkala
THEORETICAL AND PRACTICAL PROBLEMS OF THE VICTIM IN CRIMINAL PROCEEDINGS IN RUSSIA AND FOREIGN COUNTRIES (USA AND GERMANY)
The article is devoted to the study of theoretical and practical aspects of theThe role of the victim in criminal proceedings in Russia, the USA and Germany. It examines the rights and obligations of victims, as well as the mechanisms for their support in various legal systems. The main legislative acts and their application in practice are analyzed, existing obstacles to the effective participation of victims in the criminal process are identified. The difficulties faced by victims, such as limited access to legal information and insufficient support, are described. A comparative analysis of legal systems makes it possible to identify their strengths and weaknesses, as well as suggest ways to improve the protection of victims’ rights. The article emphasizes the importance of integrating the rights of victims into a fair and balanced justice system.
Keywords: victim, criminal procedure, victims’ rights, support, legislation, Russia, USA.
Article bibliography
1. Arsenova N. V. Problems of realizing the victim’s right to a representative during pre-trial proceedings // Current problems of combating crimes and other offenses. – 2020. – No. 20-1. – P. 78-80.
2. Vasiliev F. Yu. Problems of realization of rights of victims in criminal proceedings // Bulletin of Udmurt University. Series Economics and Law. – 2022. – Vol. 32. No. 5. – P. 894-899.
3. Kurbatova S. M. On the problems of legal status of the victim in criminal proceedings of the Russian Federation // Problems of restoration of rights of victims of crimes in criminal policy of the Russian Federation: Materials of the All-Russian (national) scientific and practical conference, Krasnoyarsk, October 22-23, 2021. – Krasnoyarsk: Krasnoyarsk State Agrarian University, 2021. – P. 82-84.
4. Semenkova E. V., Voronina N. A. On the Issue of the Problems of Realizing the Rights of the Victim in Resolving a Criminal Case in Court // Criminological Journal. – 2020. – No. 3. – P. 32-33.
5. Timerbulatova D. R., Ishmukhametov Ya. M. Actual Problems of Realizing the Legal Status of the Victim in Criminal Proceedings // E-Scio. – 2020. – No. 10 (49). – pp. 259-268.
CRIMINAL PROCEDURE
ROZIKZODA Farkhod Mirzomakhmad
adjunct of the full-time forms of education of Criminal process sub-faculty of the St. Petersburg University of the MIA of Russia
DISPOSITIVITY IN THE ACTIVITIES OF THE HEAD OF THE INVESTIGATION UNIT OF THE MINISTRY OF INTERNAL AFFAIRS OF THE RUSSIAN FEDERATION, HEAD OF THE INVESTIGATIVE UNIT OF THE MINISTRY OF INTERNAL AFFAIRS OF THE REPUBLIC OF TAJIKISTAN
The article analyzes certain aspects of procedural management, carried out by the head of the Affairs inquiry unit of the Ministry of Internal Affairs of the Russian Federation, the head of the inquiry unit of the Ministry of Internal Affairs of the Republic of Tajikistan, based on the principle of dispositiveness. Designated subjects are guaranteed procedural autonomy and freedom of choice of the vector of behavior within the limits of authority to establish the validity of preparation by inquirers of documents established by law, adoption of procedural decisions and performance of procedurally significant actions, observation of human rights and freedoms in the framework of the implementation of subordinate to these subjects persons (inquirers) of their powers in the course of the inquiry. The analysis revealed contradictions related to the duplication of the powers of the head of the inquiry unit of the Ministry of Internal Affairs of the Russian Federation and the head of the inquiry unit of the Ministry of Internal Affairs of the Republic of Tajikistan, who exercise the functions of procedural leadership, with the powers of the heads of the inquiry body of each of the selected states, who exercise mainly organizational and administrative functions and administrative tasks, but are vested with the unspecified right to exercise procedural powers akin to those assigned to the head of the body inquiry. In order to eliminate the inconsistency of legislative prescriptions, prevent duplication of functions, as well as violation of the principle of dispositiveness, which guarantees the procedural independence of the head of the inquiry unit of the Ministry of Internal Affairs of the Russian Federation and the head of the inquiry unit of the Ministry of Internal Affairs of the Republic of Tajikistan, the necessity to clearly distinguish between administrative organizational and managerial functions and procedural management of the inquiry, separating organizational and procedural powers of the heads of inquiry bodies was justified.
eywords: head of an inquiry unit, head of an inquiry unit, head of an inquiry body, inquiry, procedural leadership, procedural autonomy.
Article bibliographic list
1. Criminal Procedure Code of the Russian Federation dated December 18, 2001 No. 174-FZ (ed. dated 22.04.2024) (as amended and supplemented, entered into force on 15.05.2024) // Collection of Legislation of the Russian Federation. – 24.12.2001. – No. 52 (Part I). – Art. 4921.
2. Criminal Procedure Code of the Republic of Tajikistan of December 3, 2009 (as amended on 03.01.2024). – [Electronic resource]. – Access mode: https://online.zakon.kz/Document/?doc_id=30594304.
3. Order of the Ministry of Internal Affairs of Russia dated 28.06.2016 No. 343 (as amended on 16.06.2023) “Questions of the Department for the Organization of Inquiry of the Ministry of Internal Affairs of the Russian Federation”. – [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_280444/
4. Grishin D. A. On the issue of improving the production of inquiry // Russian investigator. – 2008. – No. 1. – P. 10-11.
5. Guseinov N. A. On the legal regulation of the procedural powers of the head of the inquiry body, the head of the inquiry unit, the inquiry officer // Gaps in Russian legislation. – 2015. – No. 3. – P. 162-165.
6. Kulcharova A. V. The relationship between the procedural and administrative powers of the head of the inquiry unit and the head of the inquiry body // Scientific portal of the Ministry of Internal Affairs of Russia. – 2022. – No. 3 (59). – P. 70-76.
7. Fadeev I. A. Inquiry bodies in the system of the Ministry of Internal Affairs of the Russian Federation // Bulletin of the Academy of Law and Management. – 2021. – No. 2 (63). – pp. 73-77.
CRIMINAL PROCEDURE
STEPANENKOV Alexander Yurjevich
postgraduate student, scientific specialty 12.00.09 Jurisprudence focus “Criminal procedure” of the Chelyabinsk State University
THE HISTORY OF THE FORMATION OF THE CRIMINAL PROCEDURE INSTITUTE OF CRIMINAL PROCEEDINGS OF AN ECONOMIC ORIENTATION IN THE PRE-REVOLUTIONARY STAGE OF THE DEVELOPMENT OF THE CRIMINAL PROCESS
Consideration of the formation of the institution of criminal proceedings in economic cases makes it possible to understand the process of its development, revealing the tools of education and the mechanism of action of the norms of criminal procedure legislation in the investigation of crimes in the field of economics. A comprehensive understanding of the criminal process is possible only with the study of the history of its formation, the analysis of the formation of fundamental aspects, which as a result determines the directions of reforming the institution of criminal proceedings in economic cases. In the process of forming the institution of criminal procedure legislation in the economic sphere, methods of obtaining evidence are fixed, their fixation, the formation of legal proceedings with the complication of judicial proceedings and the issue of court decisions.
Keywords: crimes in the sphere of economic activity, prerequisites for the formation, criminal law norms, the movement of a criminal case, the development of a criminal process, investigative actions and persons involved in them.
Principal bibliographic list
1. Dolgikh F.I. History of state and law of Russia: Textbook – 2nd ed. – M.: Synergy University, 2018. – 312 p. – [Electronic resource]. – Access mode: http://www.iprbookshop.ru/101343.html.
2. Maksin D. A. Historical development of criminal procedure legislation and the emergence of the first criminal procedure acts in Russia // Young scientist. – 2021. – No. 3. – P. 187-191.
3. Naumov S. Yu., Volkov A. S., Yurina V. M., Shapiro L. G. [et al.]. Investigation of crimes in the field of economics: Textbook // S. Yu. Naumova, A. S. Volkova, V. M. Yurina, L. G. Shapiro. – Saratov: Saratov Socio-Economic (branch) Institute of the Plekhanov Russian University of Economics, 2018. – 312 p.
4. Tsetchoev V.K., Rasskazov L.P., Galkin A.G., Kovalev V.V. History of the State and Law of Russia from Antiquity to 1861: Textbook // V.K. Tsetchoeva. – M.: Prometheus, 2019. – 406 p. – [Electronic resource]. – Access mode: http://www.iprbookshop.ru/94429.html.
5. Russiahistory.ru – text: Russkaya Pravda, Sudebnik of 1497, Sudebnik of 1550.
CRIMINAL-EXECUTIVE LAW
MINSAFINA Svetlana Nikolaevna
Ph.D. in Law, associate professor of the Higher Attestation Commission, associate professor of Criminal executive law and organization of the execution of sentences not related to the isolation of convicts from society sub-faculty of the Samara Law Institute of the FPS of Russia
KOBALEVA Viktoriya Andreevna
cadet of the 3rd course of the Samara Law Institute of the FPS of Russia
FUNDAMENTALS OF THE LEGAL STATUS OF SER VING SENTENCES IN EDUCATIONAL COLONIES
The protection of motherhood and childhood, based on the meaning of Part 1 of Article 38 of the Constitution of the Russian Federation, is enshrined as the fundamental constitutional principles of the Russian state. Thus, there is an urgent need to develop a state policy for the protection of the rightsand freedoms of minors in a wide variety of legal relations, including within the framework of penal enforcement relations. As indicated in the scientific literature, “the emergence of a penal enforcement relationship is associated with the need to execute and serve punishments and other measures of a criminal legal nature, and the main attention is paid to the implementation of the procedure and conditions for the execution and serving of punishments and the use of basic means of correction of convicts.”
The most severe punishment imposed on juvenile convicts is imprisonment while serving a sentence in educational colonies. Taking into account the trend towards the humanization of the penitentiary system and the reduction in the number of persons serving sentences in places of deprivation of liberty, it can be argued that the study of general theoretical theses on the place and role of educational colonies and the The study of certain features of the legal status of convicts and the implementation of educational functions by the bodies of the penitentiary system is becoming increasingly relevant.
Keywords: educational colonies, juvenile convicts, criminal-executive system , deprivation of liberty, legal status, execution and serving of punishment.
Article bibliographic list
1. Lavrishcheva O. A. Legal status of minors held in correctional colonies // Agrarian and land right. – 2020. – No. 8. – P. 101-103.
2. Gadelshin R. I. Criminal-executive law: course of lectures. – Novosibirsk: Publishing house of SibAGS, 2015. – P. 143.
CRIMINAL-EXECUTIVE LAW
MIKHEEVA Svetlana Valentinovna
Ph.D . in Law, associate professor, associate professor of Regime and security in the penal system sub-faculty of the Samara Law Institute of the FPS of Russia
THE ROLE OF SEARCHES AND INSPECTIONS IN THE ORGANIZATION OF THE DETENTION REGIME OF SUSPECTS AND ACCUSED
In order to ensure security in penal institutions, identify and prevent penitentiary crime, reduce the escape activity of suspects, accused and shameful persons, such regime measures as search and inspection. Annually in institutions of the penal enforcement system, including pre-trial detention centers, where suspects and accused of committing crimes, as well as convicts, are actively used The problem of the entry of prohibited items and substances into the restricted area remains unresolved. The legislator approved the list of prohibited items and substances in the Internal Regulations of Pre-trial detention facilities. Thus, according to the legislator, the presence of these items violates the regime of detention of suspects, accused and convicted persons in pre-trial detention facilities, which ultimately leads to the failure to achieve the main goal of the penal enforcement policy – the correction of convicts.
Keywords: searches, inspections, suspects, accused, convicted persons, pre-trial detention facilities, detention regime, prohibited items.
Article bibliography
1. Key performance indicators of the penal system January-December 2023: information and analytical review. – Tver, 2024. – 664 p.
2. Key performance indicators of the penal system January-December 2023 g.: information and analytical review. – Tver, 2024. – 507 p.
3. Shindeikina L. A. Theoretical aspects of conducting search operations in institutions executing punishment in the form of imprisonment // Penitentiary system: past, present and future. – Perm, 2014. – pp. 23-26.
CRIMINAL PRINCIPAL LAW
PETAICHUK Anton Andreevich
postgraduate student of the Faculty of Law of the Amur State University, Blagoveshchensk
CONTROL OF PUBLIC AUTHORITIES OVER THE ACTIVITIES OF INSTITUTIONS AND BODIES EXECUTING PUNISHMENTS: THE PENAL ASPECT
In the article, the author analyzes the provisions of penal enforcement and other legislation regulating the control of institutions and bodies executing punishments by public authorities. Special attention is paid to the types of subjects who have been delegated the right to carry out control measures during the execution of criminal penalties. In the course of the research, obvious legal conflicts are revealed, which, in the author’s opinion, hinder the harmonization of the application of penal enforcement legislation. In conclusion, conclusions are formulated that will help scientists and practitioners to take a different look at the problems of legal regulation of federal government control. It was suggested that it would be advisable to consider the issue of adopting a separate normative act in the form of a law, which would consistently consolidate all types of control over the activities of institutions and bodies executing punishments, including the definition of goals, objectives and forms of designated types of control.
Keywords: federal bodies of state power, control, bodies and institutions, penal enforcement system, execution of punishments
Article bibliography
1. Public control over the activities of the penal system: textbook / [S. N. Ushakov et al.]; Federal Penitentiary Service; Vladimir Legal Institute of the Federal Penitentiary Service. – Vladimir: VYu. Inst. of the Federal Penitentiary Service, 2014. – P. 6.
2. Dal V. I. Explanatory Dictionary of the Living Great Russian Language. – Moscow, 1999. – Vol. 2. – P. 153.
3. Dictionary of foreign words included in the Russian language. Materials for the lexical development of borrowed words in Russian literary speech / Comp. edited by A. N. Chudinov. – St. Petersburg, 1894. – P. 416.
4. Ozhegov S. I. Dictionary of the Russian language / Ed. by N. Yu. Shvedova. – Moscow, 1989. – P. 293.
5. Petaychuk A. A. On the issue of providing assistance to public associations in the work of institutions executing punishment in the form of imprisonment // Eurasian Law Journal. – 2022. – No. 7 (170). – P. 270.
6. Nazarov S. N. General theory of supervisory activities. – M.: Kniga-Service, 2007. – P. 140.
7. Zubarev S. M. On some aspects of improving the legal regulation of state control over the activities of institutions and bodies executing criminal punishments // Materials of the All-Russian scientific and practical seminar “Administrative activities of law enforcement agencies of the Russian Federation and foreign countries”. – Ryazan, 2016. – P. 9.
8. Borsuchenko S. Do we need a new Criminal Executive Code? // EZh-Yurist. – 2015. – No. 11. – P. 3.
9. Shakhrai S. M. Constitutional law of the Russian Federation: a textbook for academic bachelor’s and master’s degrees. 4th ed., amended. and add. – M.: Statut, 2017. – P. 255.
10. Judicial review in criminal proceedings / edited by N. A. Kolokolov. 2nd ed. – M., 2009. – P. 731.
11. Nikolyuk V. V. On the relationship between criminal procedure and criminal executive legislation // Journal of Russian Law. – 2023. – No. 10. – P. 99.
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
PAVLOVA Elena Alexandrovna
student of the Faculty of Higher Education of the Siberian Fire and Rescue Academy of the EMERCOM of Russia, Zheleznogorsk
FORENSIC FIRE-TECHNICAL EXPERTISE: METHODS AND TECHNOLOGIES
The article analyzes issues related to the investigation of incidents related to fires, the appointment and conduct of fire-technical expertise. When organizing and planning a fire investigation, an analysis of the place of fire is carried out, studying its consequences and studying the causes of fire. Within the framework of this article, special attention is paid to the consideration of modern technologies that can be used to investigate fires and the causes of their occurrence. In addition, the main tasks of experts, methods of analysis and evaluation of materials used during the examination are highlighted.
Keywords: fire, fire and technical expertise, research methods, scene, object of expertise, UAVs, thermal imaging cameras, scanning systems.
Article bibliography
1. Borodin A. V., Smetankina G. I., Dorokhova O. V. Main tasks of fire and technical expertise in fire cases // Economy and Society. – 2018. – No. 10 (53). – P. 628-631
2. Lepeshkova N. P. Main examinations appointed for fires in apartment buildings // Current research. – 2022. – No. 13 (92). – P. 43-45.
3. Dolgushina L. V., Lagunov A. N., Efremov I. G., Gaponenko M. V. On the Possibilities of Fire-Technical Expertise in the Analysis of Building Materials // Siberian Fire and Rescue Bulletin. – 2017. – No. 2 (5). – P. 9-13.
4. Sevostyanova N. G., Dolgushina L. V. Application of the Method of Fluorescence Spectroscopy and Gas Chromatography in Fire Expertise // Actual Problems of Safety in the Technosphere. – 2023. – No. 3 (11). – P. 83-86. – DOI 10.34987/2712-9233.2023.76.67.015.
CRIMINALISTICS
KABAKOVA Ekaterina Sergeevna
lecturer of Forensic science sub-faculty of the Siberian Fire and Rescue Academy EMERCOM of Russia, Zheleznogorsk
DOLGUSHINA Lyubov Viktorovna
Ph.D. in chemical sciences, associate professor, Head of Forensic science sub-faculty of the Siberian Fire and Rescue Academy EMERCOM of Russia, Zheleznogorsk
PROBLEMS THAT ARISE WHEN FIXING AND REMOVING TRACES AT THE EXPLOSION SITE
Fixing and removing traces at the explosion site is one of the key stages of forensic research and allows you to obtain important evidence for solving crimes. However, this process involves a number of difficulties and problems that can affect the quality and reliability of the collected traces. This article analyzes the problems that arise when fixing and removing traces from the explosion site, and also suggests possible ways to solve them.
Keywords: explosives, explosive devices, explosion, micro-objects, traces, explosion site, specialist, explosive expertise.
Article bibliography
1. Dil’din Yu. M., Martynov V. V., Semenov A. Yu., Shmyrev A. A. Fundamentals of forensic examination of improvised explosive devices. – M., 1991
2. Kabakova E. S., Litvinova R. V. Investigation of crimes committed with the use of explosive devices and explosive substances // Eurasian Law Journal. – 2024. – No. 2 (189). – P. 371-372.
3. Dolgushina L. V. Forensic features of initial investigative actions related to the inspection of the explosion site // Eurasian Law Journal. – 2024. – No. 1 (188). – P. 398-399.
4. Sabanov A. Yu. Participation of an explosive expert in the production of urgent investigative actions: organizational, legal and tactical foundations // Actual problems of law and state in the 21st century. – 2016. – Vol. 8. No. 4. – P. 184-189.
5. Dvorkina A. I. Inspection of the scene. – M.: Jurist, 2010. – 339 p.
6. Shumaev D. G. Algorithm for the seizure of trace evidence of an explosion // Jurist-Pravoved. – 2019. – No. 2 (89). – P. 237-241.
7. Kabakova E. S., Dolgushina L. V. Detection of traces of an explosion at the scene // Eurasian Law Journal. – 2024. – No. 1 (188). – pp. 383-384.
CRIMINALISTICS
KLINCHUK Svetlana Vasiljevna
senior lecturer of Criminal process and criminology sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, lieutenant colonel of police >GUMENCHUK Oksana Olegovna
lecturer of Criminology sub-faculty of the Voronezh Institute of the MIA of Russia, major of police
ON THE ISSUE OF PLANNING THE INVESTIGATION OF CRIMES COMMITTED BY CRIMINAL FORMATIONS
The peculiarities inherent in the investigation of crimes on the grounds of the corpus delicti provided for in Article 210 of the Criminal Code of the Russian Federation necessitates the person conducting the investigation to carry out thorough preparation for production, determine the procedure for making procedural decisions and conducting individual investigative actions, which is impossible without planning. The authors offer an approximate content of the plan of investigation in criminal cases of this category, indicating the main sections and characteristic features.
Keywords: investigation planning, organized criminal activity, organized criminal activity, organized criminal group, optimization of work, interaction, coordination of work.
Article bibliographic list
1. Kiselev E. A., Kazachek E. Yu. On the issue of investigation planning as a way to optimize the work of investigative officers // Power and Administration in the East of Russia. – 2017. – No. 2. – P. 155.
2. Zelensky V. D. [et al.]. Forensic methods of investigating individual types and groups of crimes: textbook. Manual. – Krasnodar: KubSAU, 2013. – P. 14.
3. Izmailova M. S. Features of planning the investigation of crimes committed by organized communities // Tolyatti, Tolyatti State University, Russian Federation. – 2021. – No. 31/3. – P. 19-23.
4. Dolzhenko N. I., Zhukova N. A., Yaroshchuk I. A. Investigation planning: textbook. – Belgorod: Publishing House “BelGU” National Research University “BelGU”, 2021. – 78 p.
CRIMINALISTICS
MINYASHEVA Gulnara Ibragimovna
Ph.D. in Law, associate professor of Operational investigative activities of the internal affairs bodies sub-faculty of the Ufa Law Institute of the MIA of Russia
PROBLEMS OF IDENTIFYING AND DISCLOSING COUNTERFEITING USING INFORMATION AND COMMUNICATION TECHNOLOGIES
The danger of counterfeiting is mainly due to the undermining of the stability of the state currency. Currently, law enforcement agencies are countering criminals who use modern technologies that ensure the mass production of counterfeit money and the secrecy of their sales. New ways of distributing counterfeit banknotes using modern information and communication technologies increase the public danger of this type of crime and complicate their detection. The difficulty in uncovering counterfeiting committed using information and communication technologies is that the employees of the operational units do not have sufficient experience, knowledge, skills and abilities necessary to identify and solve such crimes.
Keywords: counterfeiting, economic security, information and communication technologies, internet resources, cryptocurrency.
Article bibliography
1. The fight against counterfeiting in modern conditions. – Text: electronic. [Electronic resource]. – Access mode: https://cyberleninka.ru (date of access: 10.02.2024).
2. Pozdyshev R. S. Features of the production of investigative actions in the investigation of the sale of counterfeit banknotes through Internet resources // Legal science and practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2022. – No. 3 (59). – pp. 114-118.
CRIMINALISTICS
OMAROV Ezer Alievich
magister student of the 1st year of correspondence education of the Institute of Law of the Dagestan State University, Makhachkala
DATSIEVA Khadizhat
Ph.D. in Law, associate professor of the Institute of Law of the Dagestan State University, Makhachkala
CRIMINAL PROSECUTION IN THE CRIMINAL PROCEEDINGS OF FOREIGN COUNTRIES
Operational investigative activity (ORD) occupies a central place in the system of law enforcement and security in the Russian Federation. The article provides a comprehensive analysis of the legal foundations and organizational aspects of the ORD, which includes consideration of Federal Law No. 144-FZ dated August 12, 1995 “On Operational Investigative Activities in the Russian Federation”, regulating this activity. The methods and means of operational investigative measures are described in detail, such as surveillance, survey, collection of samples for comparative research, verification purchase, control and prompt delivery, operational implementation, wiretapping and mail control. The role of operational units in the process of investigating crimes, their interaction with investigative authorities, as well as the importance of operational support of criminal cases is considered.
Keywords: operational investigative activities, law and order, security, crimes, rights and freedoms, international cooperation, transnational crime.
Article bibliography
1. Davydova S. A., Myasnikov A. P. Operational-search activity and the transformation of its results into criminal proceedings // Jurist-Pravoved. – 2022. – No. 2 (101). – P. 51-55.
2. Ivanov P. I. On forensic support of operational-search activities in the investigation of crimes // Criminal procedure and forensic science: theory, practice, didactics: Collection of materials of the VII All-Russian scientific and practical conference, Ryazan, December 16, 2021. – Ryazan: Academy of Law and Management of the Federal Penitentiary Service, 2022. – P. 142-148.
3. Lonshchakova A. R., Lonshchakova P. A. The role of units carrying out operational-search activities in solving and preventing violent crimes // State and law: problems and prospects for improvement: collection of scientific papers of the 5th International Scientific Conference, Kursk, September 30, 2022. – Kursk: South-West State University, 2022. – P. 139-145.
4. Pal’tseva Yu. V. The role of the results of operational-search activities in criminal proceedings // Actual issues of modern science and education: collection of articles of the XI International scientific and practical conference: in 2 parts, Penza, June 20, 2021. Volume Part 1. – Penza: Limited Liability Company “Science and Education”, 2021. – P. 184-187.
5. Khudoerbekov D. Kh. The role of operational-search activities (OE) in criminal procedural proof and its problematic aspects // Legal Bulletin. – 2021. – No. 2 (6). – pp. 101-109.
CRIMINALISTICS
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
YASHINSKIY Yuriy Ivanovich
senior lecturer of Protection of the population and territories sub-faculty of the Hero of the Russian Federation Army General E. N. Zinichev St. Petersburg University of the EMERCOM of Russia
ON THE ISSUE OF IMPROVING THE EFFECTIVENESS OF INVESTIGATION AND DISCLOSURE OF FOR-EST FIRES
The article considers some issues on the disclosure of forest fires through the prism of combining scientifically based traditional provisions of criminology with emerging new concepts determined by the advent of technologies related to artificial intelligence. The main atten-tion is paid to the problems of identifying the causes of forest fires, establishing the foci of their occurrence. Based onthe results of the study, some proposals have been formulated on possible vectors for improving forest fire detection techniques.
Keywords: forest fire, crime, disclosure, investigation of crimes, causes of fire, source of fire.
Article bibliography
1. The results of the 2023 fire season are considered. – [Electronic resource]. – Access mode: https://mchs.gov.ru/deyatelnost/press-centr/vse-novosti/5241927. (date of access: 15.06.2024).
2. Unzhakova S. V., Zabavko R. A. Features of the qualification of the destruction or damage to forest plantations (Article 261 of the Criminal Code of the Russian Federation) // Bulletin of the East Siberian Institute of the Ministry of Internal Affairs of Russia. – 2022. – No. 1 (100). – P. 140-151.
3. Kazantsev S. Ya., Skripko G. A. Features of the investigation of forest fires and the problems arising in this regard // Bulletin of the Kazan Law Institute of the Ministry of Internal Affairs of Russia. – 2023. – Vol. 14. No. 3 (53). – P. 104-111.
4. Polyanskaya M. A. Establishing forensic aspects of time in the investigation of crimes related to the destruction or damage of forest and other plantings by arson // Modernity in the work of a novice researcher. – Irkutsk: East Siberian Institute of the Ministry of Internal Affairs of the Russian Federation, 2023. – P. 156-160.
5. Anoykin R.K. Features of the development of a forest fire detection system using unmanned aerial vehicles and image processing // Socio-economic aspects of making management decisions. – Moscow: Academy of the State Fire Service of the Ministry of Emergency Situations of Russia, 2022. – P. 53-56.
6. Vycherova N.R., Budevich E.A., Belyaev A.E. Development of a system for early detection of forest fires using unmanned aerial vehicles and artificial intelligence // Resources and Technology. – 2022. – Vol. 19. No. 4.
7. Ovsyannikov, V.V. Some problematic aspects of establishing the location of a fire in cases of destruction or damage to forest plantations // Collection of materials of forensic readings. – 2021. – No. 18. – P. 49-51.
CRIMINALISTICS
SYSENKO Alfiya Radikovna
Ph.D. in Law, associate professor of Criminology sub-faculty of the Omsk Academy of the MIA of Russia
MODERN TRENDS IN THE USE OF VIDEO RECORDINGS USED IN CRIME INVESTIGATIONS
Video recording has wide prospects for its application, used in the investigation of crimes. This is not only visibility and efficiency, but also its dynamic autonomous recording of the situation, which allows you not to be distracted by documentation, but to concentrate maximum efforts on the goals of the investigative action. The article discusses the main directions of using video recording capabilities in the investigation of crimes as a means of recording significant information. The technical capabilities of video recording tools, viewing visual information and storing it are not only easy to use, but also allow them to be used without serious training, without professional knowledge, skills and abilities. The situation is different with the legal and tactical aspects of using video recordings. The author notes the importance of using the assistance of qualified specialists in the use of video recordings in the investigation of crimes.
Keywords: forensic video recording, techniques, technical means, types of filming, crime investigation.
Article bibliographic list
1. In Belogorsk, the video surveillance system of the APK “Safe City” helps solve crimes. – [Electronic resource]. – Access mode: https://belogorsk.bezformata.com/listnews/belogorske-sistema-videonablyudeniya-apk/112285999/ (date accessed: 04.06.2024).
2. Eremchenko V. I. Spherical video recording as a promising direction in the development of forensic video recording // Society and Law. – 2020. – No. 3 (73). – P. 59.
3. Kandaurov S. I. Procedural procedure for attaching video surveillance recordings to criminal case materials // Problems of Economics and Legal Practice. – 2006. – No. 3-4. – P. 95.
4. Kuznetsov S. E. The concept of video recording at the current stage of forensic science development // Investigation of crimes: problems and ways to solve them. – 2018. – No. 3 (21). – P. 172.
5. Nizametdinov R. A. Hardware and software complex “Safe City” as an integral innovative segment for improving public safety by territorial bodies of the Ministry of Internal Affairs of Russia in the constituent entities of the Russian Federation // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2023. – No. 4. – P. 159.
6. Paramonova G. V. Use of methods of natural and humanitarian sciences in portrait examination // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2018. – No. 4. – P. 79.
7. Verdict of the Yaroslavl Regional Court dated 02/20/2023 in case No. 2-5/2023. – [Electronic resource]. – Access mode: https://sudact.ru/regular/doc/BQjYyPsiWUV1/?page=11®ular-court=®ular-date_from=®ular-case_doc=®ular-lawchunkinfo=®ular-workflow_stage=®ular-date_to=®ular-area=®ular-txt= %D0%B2%D0%B8%D0%B4%D0%B5%D0%BE%D0%B7%D0%B0%D0%BF%D0%B8%D1%81%D1%8C&_=1701417940011®ular -judge=&snippet_pos=17264#snippet (date of access: 06/04/2024).
CRIMINALISTICS
SHAROVA Irina Sergeevna
lecturer of Criminal law disciplines and criminology sub-faculty of the Lugansk branch of the Voronezh Institute of the MIA of Russia
FORENSIC SUPPORT OF CRIME INVESTIGATIONS: CONCEPT, TASKS, STRUCTURAL ELEMENTS
Crime is a socially dangerous phenomenon, which is intensified by social, political and economic tension at the present stage of development of society. In this connection, it is no coincidence that issues of reforming and restructuring the activities of the law enforcement system, its investigative, operational search and forensic units are being raised at the state level.
Forensic science, as a science, aims to solve problems of primary importance in the investigation of crimes, one of which is complete and qualified forensic support for the process of solving and investigating crimes based on the full use of modern achievements of science and technology. This helps to improve the quality of detection and investigation of crimes.
Keywords: forensic support, crime investigation, physical evidence, pre-trial proceedings, criminal case, forensic tools, forensic education.
Article bibliographic list.
1. Gross G. Guide for investigators as a system of forensic science: Trans. syst. – New edition, reprinted from ed. 1908 – M.: Lex Est, 2002. – 1046 p.
2. Krylov I. F. Forensic Science. Ed. by prof. I. F. Krylov. – Leningrad. 1976. – 592 p.
3. Belkin R. S. Forensic Science. Textbook for Universities. Edited by Honored Scientist of the Russian Federation. Professor R. S. Belkin. – Moscow, 1999.
4. Federal Law of May 31, 2001 . No. 73-FZ “On state forensic activity in the Russian Federation” (as amended and supplemented). – [Electronic resource]. – Access mode: https://base.garant.ru/12123142/?ysclid=lx1qyz4hzm611591521 (date of access: 15.05.2024).
5. Order of the Ministry of Internal Affairs of Russia dated January 11, 2009 No. 7 “On approval of the Instructions on organization of expert-criminalistic activity in the system of the Ministry of Internal Affairs of Russia” (as amended and supplemented). – [Electronic resource]. – Access mode: https://base.garant.ru/72341002/?ysclid=lx1ub89ruy557959658 (date of access: 25.05. .2024).
6. Ishchenko A. V., Irusalimov I. O., Udovenko Zh. V. Theory and practice of forensic support of the process of evidence in the investigation of crimes. – K.: Center for Educational Literature, 2007. – 160 p.
7. Filippov A. G., Yablokov N. P. High-quality textbooks are the basis for a high level of legal education// Russian investigator. – 1999. – No. 5.
8. Lopatin V. V., Lopatina L. E. Russian explanatory dictionary. – M.: Eksmo Publishing House, 2004. – 928 p.
9. Dahl V. Explanatory dictionary of the living Great Russian language. T . 4. – M., 1980. – 555 p.
10. Criminal Procedure Code of the Russian Federation for 2024. With all amendments, bills and court decisions. – M.: AST Publishing House, 2023. – 320 p.
11. Forensic technology for crime investigation: scientific and practical manual / Ed. M. V. Zhizhina. – M.: Prospekt, 2021. – 264 pp.
CRIMINALISTICS
ANSOKOVA Renata Olegovna
postgraduate student of Criminology sub-faculty of the M. V. Lomonosov Moscow State University
FEATURES OF THE SUBJECT AND METHOD OF COMMITTING ENVIRONMENTAL CRIMES AS THE BASIS FOR THE USE OF SPECIAL KNOWLEDGE IN THEIR INVESTIGATION
The publication substantiates the need for further research on the problem of environmental crimes and the study of psychological, sociological and other aspects of the personality of the person who committed an environmental crime, as well as the importance of using special knowledge, namely, the involvement of an expert and specialist in the investigation of environmental crimes in order to effectively investigate environmental crimes.
Keywords: personality, subject, special subject, environmental crime, element of forensic characteristics, special knowledge.
Article bibliography
1. Wolf M. J., Emerson J. W., Esty D. C., de Sherbinin A., Wendling Z. A., et al. (2022). 2022 Environmental Performance Index. New Haven, CT: Yale Center for Environmental Law & Policy. // URL : About the EPI | Environmental Performance Index (yale.edu) (date of access: 23.11.2023).
2. Petrukhina O. A., Shurukhnov N. G. Data on the personality traits of subjects of illegal activity, motives, correlations for establishing the circumstances of the commission of environmental crimes // Siberian criminal procedural and forensic readings. – 2017. – No. 4 (18). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/dannye-o-svoystvah-lichnosti-subektov-protivopravnoy-deyatelnosti-motivah-korrelyatsiyah-dlya-ustanovleniya-obstoyatelstv (date of access: 12/13/2023).
3. Dolgova A. I. Selected works. – M .: Znak, 2017. – P. 224.
4. Petrukhina O. A. Characteristics of individual personality traits of subjects committing environmental crimes // Man: crime and punishment. – 2013. – No. 1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/harakteristika-otdelnyh-svoystv-lichnosti-subektov-sovershayuschih-ekologicheskie-prestupleniya (date of access: 02/20/2024).
5. Petrukhina O. A., Shuruhnov N. G. Op. cit. – P. 131.
6. Zhevlakov E. N. Criminal environmental law of Russia: monograph. – M .: Prospect, 2023. – P. 356.
7. Vinokurov A. Yu. Environmental activities of law enforcement agencies of the Russian Federation. – M., 2006. – P. 169.
8. Savichenko I. A. The personality of the criminal as one of the elements of the forensic characteristics of environmental crimes // Siberian Law Bulletin. – 2005. – No. 4. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/lichnost-prestupnika-kak-odin-iz-elementov-kriminalisticheskoy-harakteristiki-ekologicheskih-prestupleniy-1 (date of access: 02/20/2024).
9. Tarayko V. I. Analysis of the personality of an environmental criminal // Bulletin of the Northern (Arctic) Federal University. Series: Humanities and Social Sciences. – 2013. – No. 3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/analiz-lichnosti-ekologicheskogo-prestupnika (date of access: 20.02.2024).
10. Kuzovkin A.S. Methodology for investigating environmental crimes committed during hydrocarbon production: dissertation of a candidate of legal sciences: 12.00.09. – Surgut, 2008. – P. 288.
CRIMINALISTICS
KABAKOVA Ekaterina Sergeevna
lecturer of Forensic science sub-faculty of the Siberian Fire and Rescue Academy EMERCOM of Russia, Zheleznogorsk
LITVINOV Roman Viktorovich
lecturer of Forensic science sub-faculty of the Siberian Fire and Rescue Academy EMERCOM of Russia, Zheleznogorsk
LEGAL LIABILITY OF OFFICIALS FOR EXPLOSIONS IN MINES
Explosions in mines represent one of the most dangerous and destructive disasters occurring in various industries. In such situations, questions often arise about the legal responsibility of officials whose decisions and actions (inaction) could lead to an explosion and the failure to take measures to eliminate its consequences. This article analyzes this issue, identifies the main aspects of legal liability and discusses possible ways to strengthen liability in these cases.
Keywords: explosions in mines, liquidation of explosion consequences, officials, legal entities, fire safety, consequences, legal liability, criminal liability.
Article bibliography
1. Statistics of dust explosions. [Electronic resource]. – Access mode: https://fumigaciya.ru/zernovaya-pyl-statistika-pylevykh-vzryvov (date of access: 10.04.24).
2. Romanova V. V. Correlation of legal liability of the state with other types of legal liability // Legal science and law enforcement practice. – 2017. – No. 3 (41). – P. 19-23.
3. The Code of the Russian Federation on Administrative Offenses of December 30, 2001 No. 195-FZ (as amended on March 11, 2024) (as amended and supplemented, entered into force on April 1, 2024).
4. The Criminal Code of the Russian Federation of June 13, 1996 No. 63-FZ (as amended and supplemented, entered into force on April 6, 2024).
5. Skritsky V. A., Efentiev G. A., Nikolaev Yu. I. Causes of methane explosions occurring in high-productivity coal mines of Kuzbass // Actual problems of fire safety: materials of the XXVIII international scientific and practical conference: in 2 parts, Noginsk, May 19-20 2016. Volume Part 1. – Noginsk: All-Russian Order of the Badge of Honor Research Institute of Fire Defense of the Ministry of the Russian Federation for Civil Defense, Emergencies and Elimination of Consequences of Natural Disasters, 2016. – P. 342-354.
6. Judicial statistics, criminal proceedings. Data on the punishment imposed under the articles of the Criminal Code of the Russian Federation. [Electronic resource]. – Access mode: https://sudstat.ru/stats/ug/t/14/s/17 (date of access: 10.04.24).
CRIMINALISTICS
LONSHCHAKOVA Angella Rashitovna
Ph.D. in Law, associate professor of the Academy of Management of the MIA of Russia
LONSHCHAKOV Alexander Alexandrovich
student of the Ufa State Petroleum Technical University
CONCEPTUAL ASPECTS OF THE INTEGRATION OF CERTAIN PROVISIONS OF PRIVATE THEORIES OF OPERATIONAL INVESTIGATIVE ACTIVITIES FOR THE PURPOSE OF FORMING CRIMINALISTIC SUPPORT FOR CRIME PREVENTION
The article attempts to outline certain aspects of the integration of private theories of operational investigative activities for the purpose of forming a theoretical basis for criminalistic crime prevention. Special attention is paid to particular theories of operational investigative activities. The author expresses an idea related to understanding the importance of the theory of operational investigative activities in the formation of criminalistic crime prevention. The successful integration of the theories of operational investigative activity depends on a scientific and theoretical understanding of the main problems, contradictions, gaps lying in the plane of interdisciplinary synchronization and integration, individual embedded (integrated) elements, taking into account the ongoing global challenges. The author has studied the prerequisites for the development of a modern model of criminalistic crime prevention, corresponding to the realities of today.
Keywords: forensic support, crime prevention, private theories of operational investigative activities, integration of achievements of theories of operational investigative activities, identification and implementation of operational investigative information for the purpose of crime prevention.
Article bibliography
1. Buryakov E. V. Operational-search doctrine of search: monograph. – Omsk: Omsk Academy of the Ministry of Internal Affairs of Russia, 2011. – 192 p.
2. Vvedensky A. Yu. Organization of operational-search activities of internal affairs agencies to ensure economic growth in the Russian Federation: monograph / Ed. . Doctor of Law, Professor V. N. Grigorieva. – M.: Yurlitinform, 2021. – 344 p.
3. Ivanov P. I. Private theory of the organization of operational-search activities in the system of general theory (in the order of problem statement) // Bulletin of the Vladimir Law Institute. – 2021. – No. 3 (60). – P. 44-51.
4. Ivanov P. I. Operational-search science on the private theory of the organization of operational-search activities // Works of the Academy of Management of the Ministry of Internal Affairs of Russia. – 2022. – No. 1 ( 16). – P. 8-16.
5. Lonshakova A. R., Lonshakov A. A. Computer program “AUTOPROTOCOL”. Certificate of registration of computer program No. 2024614431 dated 02/26/2024.
6. Ovchinsky S. S. Operational-search information / Edited by Ovchinsky A. S., Ovchinsky V. S. – M .: INFRA-M, 2000. – 367 p.
7. Parfenov A. V. Use of psychological information in search and identification activities // Proceedings of the Academy of Management of the Ministry of Internal Affairs of Russia. – 2021. – No. 2 (58). – P. 132-139.
8. Parfenov A. V. Epistemological nature of search and identification activities // All-Russian Criminological Journal. – 2019. – V. 13. No. 2. – P. 243-251.
9. Pozdnyakov A. N. Operational-search activities of internal affairs bodies in combating ethnic crime: issues of theory and practice: diss. … doc. . jurid. sciences. – M., 2021. – 396 p.
10. Pozdnyakov A. N. On the private theory of operational-search activities to combat crimes committed using information and communication technologies // Proceedings of the Academy of Management of the Ministry of Internal Affairs Russia. – 2022. – No. 3 (63). – P. 119-125.
11. Theory of operational-search activities: textbook. 3rd ed., revised and enlarged / Ed. K. K. Goryainova, V.S. Ovchinsky, G.K. Sinilova. – M.: INFRA-M, 2014.
12. Chufarovsky Yu.V. Psychology of operational-search and investigative activities: monograph. – M.: TK Telbi, 2003. – 208 p. .
13. Shakhmatov A. V. Intelligence work in operational-search activities: Theoretical and legal study of the Russian experience: diss. … Doctor of Law. – St. Petersburg, 2005. – 438 p.
14. Yakovets E. N. Fundamentals of information and analytical support for operational-search activities: a tutorial. – M., 2009. – 463 p.
15. Yakovets E. N. Operational-search identification: author’s abstract. dis. … candidate of legal sciences – M., 2002. – 21 p. @@ Organization of information and analytical support for operational-search activities of internal affairs agencies: a textbook / V. V. Denisov et al. – M.: Academy of Management of the Ministry of Internal Affairs Russia, 2017. – 256 p.
16. Yakovets E. N. Problems of analytical work in operational-search activities of internal affairs bodies: monograph. – M.: publ. House of Shumilova I.I., 2005. – 218 p.
CRIMINALISTICS
UMAVOV Bashir Ibrahimovich
magister student of the 1st course of the correspondence course of the Institute of Law of the Dagestan State University, Makhachkala
RAMAZANOV Tazhutdin Burganovich
Ph. D. in Law, professor, Head of Criminal process and criminology sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
FORENSIC BALLISTICS AND ITS ROLE IN PROVING CRIMINAL CASES IN THE RUSSIAN FEDERATION
This scientific article examines the role of forensic ballistics in the process of proving criminal cases in the Russian Federation. Forensic ballistics is an important part of criminology dealing with the study of firearms, ammunition, traces of their use, as well as the conditions and circumstances of the shooting. The main purpose of forensic ballistics is to establish facts relevant to a criminal case and provide evidence that will help the investigation and the court to establish the truth. The article describes in detail the methods of identifying firearms, including determining the type, model, caliber of the weapon, as well as establishing a specific instance used in the commission of a crime. The methods of comparative investigation of traces on bullets and shell casings left by the barrel and other parts of the weapon are considered.
Keywords: operational investigative activities, law and order, security, crimes, rights and freedoms, international cooperation, transnational crime.
Article bibliography
1. Andrushchenko A. L. The role, significance and problems of forensic ballistics in solving criminal offenses // Law and order: history, theory , practice. – 2020. – No. 4 (27). – P. 57-60.
2. Zubko Yu. V. General characteristics of the conduct of forensic ballistic examination under the legislation of the Republic of Belarus // Legal science and practice in the 21st century : Proceedings of the II international scientific and practical conference of students, Omsk, December 11, 2020. – Omsk: Private educational institution of higher education “Siberian Law University”, 2021. – P. 323-327.
3. Samarin V. V. On the issue of the features of forensic ballistics in the system of forensic knowledge // Innovative development: the potential of science and modern education: collection of articles from the V International scientific and practical conference: in 2 parts, Penza, December 23, 2019. Volume Part 2. – Penza: “Science and Education” (IP Gulyaev G. Yu.), 2019. – With . 142-145.
4. Stepanenkov N. V., Makarov I. Yu. Features of objects of forensic and wound ballistics // Current issues of forensic medicine and law: a collection of scientific and practical articles dedicated to the 70th anniversary of the organization of the Republican Bureau of Forensic Medicine -medical examination of the Ministry of Health of the Republic of Tatarstan. Volume Issue 11. – Kazan: State Autonomous Institution of Healthcare “Republican Bureau of Forensic Medical Examination of the Ministry of Health of the Republic of Tatarstan”, 2020. – P. 260-263.
5. Khurazov A. G., Yusupkadieva S. N. K on the issue of the essence, subject and objects of forensic ballistic examination // Eurasian Law Journal. – 2020. – No. 6 (145). – P. 363-365.
CRIMINOLOGY
ABDERYAKHIMOVA Gulnur Byashirovna
senior lecturer of Criminal law disciplines sub-faculty of the Samara Law Institute of the FPS of Russia
USMANOVA Kamila Insafovna
3rd year student of the Faculty of Law of the Samara Law Institute of the FPS of Russia
CRIMINOLOGICAL PORTRAIT OF THE CRIMINAL-TERRORIST PERSONALITY
The article examines the criminological portrait of the personality of the criminal terrorist, the typology of this category of persons is studied. The authors note that without studying the criminological portrait of a terrorist, it is impossible to develop effective proposals for combating terrorism. It is not entirely advisable to conduct research on any abstract or potential terrorist, therefore, it seems most effective to work with identified persons involved in terrorist activities, for example, with the direct perpetrators of terrorist acts who are already serving their sentences.
Keywords: terrorism, terrorist act, identity of a terrorist criminal, criminological portrait, types of terrorist criminals.
Article bibliography
1. Brief characteristics of the state of crime in the Russian Federation for January-May 2024 // Ministry of Internal Affairs of the Russian Federation. Main. Additional pages. State of crime: official website. [Electronic resource]. – Access mode: https://мвд.рф/reports?ysclid=lybshstnne176989364 (date of access: 07.07.2024).
2. Psychology and psychopathology of terrorism. Humanitarian strategies of anti-terrorism: monograph / Ed. M. M. Reshetnikov. – M.: Yurait, 2024. – 257 p.
3. Maryin M. I., Kasperovich Yu. G. Psychological support of anti-terrorist activities: a teaching aid for university students studying in the direction and specialties of psychology. – M.: Academy, 2007. – 202 p.
4. Antonyan Yu. M., Eminov V. E. Portraits of criminals: criminological and psychological analysis: monograph. – M.: NORMA-INFRA-M, 2014. – 238 p.
CRIMINOLOGY
KELAREV Arkadiy Vyacheslavovich
assistant of the Higher School of Jurisprudence and Forensic Technical Expertise the Humanitarian Institute of Peter the Great St. Petersburg University; Full member of the Yu. G. Korukhov Chamber of Judicial Experts (SUDEX)
KELAREVA Alena Arkadjevna
Full member of the Yu. G. Korukhov Chamber of Judicial Experts (SUDEX)
DIGITALIZATION OF RESEARCH IN THE FIELD OF AUTOMOTIVE EXPERTISE
Planning the investigation of crimes of road accidents, from the standpoint of the principle of its scientific nature in terms of determining the tasks facing the investigator and ways to achieve them should be based on the fullest possible use of all the achievements of scientific knowledge, and first of all the theory of forensic evidence and criminology. The investigator must constantly monitor the latest achievements in the field of forensic technology, determine tactics and apply methods of investigation of such complex technical types as the investigation of road crimes.
Keywords: investigation of crimes, traffic accident, road tests, specialized programs and devices, forensic examination, computer modeling, speeds and trajectories of movement.
Article bibliography
1. Criminal Procedure Code of the Russian Federation of 18.12.2001 No. 174-FZ (as amended on 28.04.2023) // SPS “ConsultantPlus”.
2. GOST 33997-2016. Interstate standard. Wheeled vehicles. Safety requirements for operation and testing methods (put into effect by Order of Rosstandart dated 18.07.2017 No. 708-st) // SPS “ConsultantPlus”.
3. Scientific and production company “META”. Device EFFECT-02. [Electronic resource]. – Access mode: http://www.meta-moscow.ru/ru/store/diagnosticheskoe-oborudovanie/effekt-02.html (date of access: 30.04.2024).
4. Severodvinsk City Court of Arkhangelsk Region. Criminal case No. 1-20/2020. [Electronic resource]. – Access mode: https://seversud–arh.sudrf.ru/modules.php?name=sud_delo&srv_num=1&name_op=case&case_id=170896439&case_uid=bd01e14b-e749-4fd4-bc9f-fd61b3e769b4&delo_id=1540006 (date of access: 30.04.2024).
5. Third Cassation Court of General Jurisdiction. Criminal Case No. 7U-5258/2021. [Electronic resource]. – Access mode: https://3kas.sudrf.ru/modules.php?name=sud_delo&srv_num=1&name_op=case&case_id=12592034&case_uid=c31f7ade-4378-4ae5-8553-496e8efa0562&new=2450001&delo_id=2450001 (date of access: 30.04.2024).
6. Federal Budgetary Institution Tambov Forensic Laboratory of the Ministry of Justice of the Russian Federation. The program “Speed Determination Utility”. [Electronic resource]. – Access mode: http://expertutilities.ru/ (date of access: 30.04.2024).
7. Materials of the All-Russian scientific and practical conference of May 26, 2017 of the Federal State Budgetary Educational Institution of Higher Education “East Siberian Institute of the Ministry of Internal Affairs of Russia”. – Irkutsk, 2017.
8. Grigoryan V. G., Grigoryan A. V. Application of braking parameters of motor vehicles in expert practice. Methodological recommendations for experts. FBU RFCSE under the Ministry of Justice of Russia. – M., 2021.
CRIMINOLOGY
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
LANOVOY Vadim Gennad jevich
Ph.D. in Law, associate professor of General humanitarian and legal disciplines sub-faculty of the Stavropol branch of the Moscow Pedagogical State University
ON THE ISSUE OF CRIME PREVENTION THEORIES
The article discusses various theories of crime prevention. The author concludes that the history of crime prevention in criminological science testifies to the constant development and improvement of crime control strategies, which leads to the emergence of various theories such as positive criminology, social controllability, “window approach”, environment and opportunity, rational choice, social control and gap, contract control.
Keywords: crime prevention, positive criminology, social controllability, “window approach”, environment and opportunities, rational choice, social control and gap, contract control.
Article bibliography
1. Shestak V. A. Crime prevention theory in Russia and abroad: history and modernity // Lex russica. – 2008. – T. LXVII. – No. 2.
2. Butkevich S. A. Crime Prevention: Methodology, Theory and Legal Foundations // Scientific Notes of the Crimean Federal University named after V. I. Vernadsky. Legal Sciences. – 2018. – Vol. 4 (70). – No. 2.
3. Antonyan Yu. M. General Concept of Crime Prevention // HUMAN: Crime and Punishment. – 2013. – No. 3 (82).
4. Kuzmin Yu. A. Theoretical Aspects of Crime Prevention // Legal Sciences. – 2020. – No. 3.
LEGAL PROCEEDINGS
MINYAYLENKO Nikolay Nikolaevich
Ph.D. in Law, professor of the St. Petersburg Institute (branch) of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia)
LEGAL PROCEEDINGS IN RUSSIA: HISTORICAL ISSUES
The article examines trends in the development of legal proceedings in Russia. Particular attention is paid to the transformations that occurred in legal proceedings during the reign of Emperor Alexander II. The idea is expressed that those in power in Russia always have considered the court to be a second-class appendage of administrative power. The king-emperors sincerely believed that only they were given the right to administer justice. A judge must only correctly express the will of the administrative authorities. Western approaches in Russian society were not understood and not accepted. It is concluded that as a result of the reforms, the new legal proceedings were based on the concept of direct and oral proceedings in the case, and the rules on the strength of evidence placed in the Judicial Charter should serve only as a guide in determining the decision according to the internal conviction of the judges, based on the totality of the circumstances found.
Keywords: the result of the reforms, trends in the development of legal proceedings in Russia, the concept of direct and oral proceedings in the case.
Article bibliography
1. Grigoriev O. V. Notes in the margins: Issues of inconsistency between the court and the law in Russia // In the collection: World scientific research and development: modern achievements, risks, prospects. Proceedings of the XIV International scientific and practical conference. – Ryazan, 2023. – P. 179-181.
2. Kostrov G. K. How can justice become just? // Journal of Russian Law. – 2004. – No. 10. – P. 23-29.
3. Grigoriev O. V. Military justice of Emperor Nicholas I // Historical and socio-educational thought. – 2018. – Vol. 10. – No. 2-2. – P. 78-85.
4. Borisova E. A. Reform of civil proceedings in Russia // Vestn. mosc. university. series 11. law. – 2015. – No. 1. – P. 17-26.
5. Judicial charters of November 20, 1864, with a statement of the reasoning on which they are based. – Part 1. – St. Petersburg, 1867. – P. 13-14.
6. Grigoriev O. V. Military-judicial reform of Russia in 1867: dissertation … candidate of legal sciences: 12.00.01. – Moscow, 2006. – 186 p.
7. PSZ-2. – T. 37. – No. 38761.
8. Vas’kovsky E. V. Textbook of civil procedure. – M., 2003. – P. 8.
9. Katkov M. N. Collection of editorials of the Moskovskiye Vedomosti for 1865. – M., 1897. – P. 220–221 (No. 82. April 16, 1865).
10. Grigoriev O. V. Development of the military judicial system of Russia (mid-16th – early 21st centuries). – Moscow, 2012.
11. Civil Procedure Code of the Russian Federation of 14.11.2002 N 138-FZ (as amended on 06.04.2024) Article 157. “Immediacy and orality of the trial.”
LEGAL PROCEEDINGS
GERKE Kristina Vitaljevna
postgraduate student of the 4th course of the correspondence course of Organization of judicial and law enforcement activities sub-faculty of the Russian State University of Justice
MAGISTRATES’ COURT IN RUSSIA AND EXPERIENCE OF FOREIGN COUNTRIES
In this article the author discusses some issues of the organization of magistrates’ courts in such foreign countries as England, Great Britain, France, USA, and Israel. To understand the ways of improving the domestic institution of worldd justice, to determine the most positive aspects, it is necessary to analyze foreign experience. The purpose of the present work is to propose modernization of the work of justices of the peace in Russia. The study of foreign experience in the organization of magistrates’ courts will allow to highlight positive aspects, as well as to compare their work with the work of domestic magistrates’ courts to determine trends in improvement.
Keywords: justice of the peace, court, judge, justice of the peace, justice of the peace, judicial system, judicial authority, judicial authority.
Article bibliography
1. Federal law “On Justices of the Peace in the Russian Federation” dated 12/17/1998 No. 188-FZ (latest revision).
2. Resolution of the Plenum of the Supreme Court of the Russian Federation dated 10/31/1995 No. 8 (revised on 03/03/2015) “On Certain Issues of Application courts of the Constitution of the Russian Federation in the administration of justice.”
3. Resolution of the Plenum of the Supreme Court of the Russian Federation of 10.10.2003 No. 5 (as amended on 05.03.2013) “On the application by courts of general jurisdiction of generally recognized principles and norms of international law and international treaties of the Russian Federation”.
4. Resolution of the Plenum of the Supreme Court of the Russian Federation of 16.04.2013 No. 9 “On amendments to the Resolution of the Plenum of the Supreme Court of the Russian Federation of October 31, 1995 No. 8 “On Certain Issues of the Application of the Constitution of the Russian Federation by Courts in the Administration of Justice”.
LEGAL PROCEEDINGS
OBOLKIN Evgeniy Sergeevich
Ph.D. of historical sciences, associate professor of Humanitarian and socio-economic disciplines sub-faculty of the East Siberian branch of the Russian State University of Justice, Irkutsk
ALEXEEVA Tatyana Sergeevna
lecturer of Humanitarian and socio-economic disciplines sub-faculty of the East Siberian branch of the Russian State University of Justice, Irkutsk
LEGAL ASPECTS OF THE DEVELOPMENT OF JUDICIAL RECORDS MANAGEMENT IN RUSSIA
The purpose of this article is to study and analyze the legal aspects affecting the development of judicial records management in Russia. Research methods include analysis of existing legislation, legal practice, review of court decisions and analytical materials, as well as expert opinion of legal experts. The results of the study allow us to identify the main trends and problems in judicial records management, as well as assess the impact of legal norms on the quality and efficiency of legal processes. The findings of the work indicate the need to improve legislation and judicial practice to ensure fair and effective access to justice in Russia.
Keywords: legal aspects, judicial records management, Russia, legislation, court decisions , efficiency of legal processes.
Article bibliography
1. Latysheva N. A. Organization and implementation of control over the conduct of office work in courts of general jurisdiction of the Russian Federation. Abstract of diss. … candidate of law .n. – Moscow, 2022. – P. 410.
2. Chashin A. N. Fundamentals of judicial office work: a tutorial. – Moscow, 2020. – 138 p.
3. Bryanceva O. V., Soldatkina O. L. Electronic justice in Russia: problems and solutions // Bulletin of the O. E. Kutafin Moscow State Law University (MSAL). – 2023. – No. 12 (64). – P. 101.
JUDICIAL PROCEEDINGS
PETROVA Yuliya Alexeevna
postgraduate student of the Russian State University of Justice, Assistant to the Deputy Chairman of the Court of Arbitration of the Moscow District
THE USE OF ARTIFICIAL INTELLIGENCE IN THE WORK OF ARBITRATION COURTS
Digitalization of the work of the courts brings the problem of the use of artificial intelligence in civil proceedings to a new level. An analysis of world practice shows that the spread of digital technologies in judicial activity is gaining momentum and generates a lot of contradictions. The need to increase labor productivity in arbitration courts requires careful attention to the possibilities of digital technologies. The purpose of the article is to analyze the features of the use of artificial intelligence technologies in arbitration courts. The leading research methods in the process of writing an article are theoretical analysis of scientific literature, analysis of foreign and Russian experience. Based on the analysis of the discussions, it was found that the use of artificial intelligence technologies in arbitration courts should be complementary in nature, which will get rid of routine. It has been established that artificial intelligence does not always capture the meanings of legal texts and is not able to soap irrationally. For these reasons, it can be stated that there are limited possibilities of artificial intelligence in arbitration courts.
Keywords: irrational thinking, artificial intelligence, routine processes, digitalization of the arbitration court.
Article bibliography
1. Bekhteev D. V. Artificial intelligence: ethical and legal foundations. – M .: Prospect, 2021.
2. Borisova L. V. On the main directions of the formation and development of electronic justice in modern Russia // Law and digital economy. – 2020. – No. 2. – P. 32-35.
3. Momotov V. Artificial intelligence in court will not be neutral to humans / Legal.report. – [Electronic resource]. – Access mode: https://legal.report/viktor-momotov-iskusstvennyj-intellekt-v-sude-ne-budet-nejtralen-k-cheloveku/ (date of access: 16.05.2023).
4. Gertner A. V. On the issue of using artificial intelligence in the electronic justice system: pro et contra // Young scientist. – 2020. – No. 49 (339). – P. 211-215.
5. Report “AI systems as subjects of law” at the Gaidar Forum: website. – [Electronic resource]. – Access mode: https://zen.yandex.ru/media/aiqcnt/doklad-iisistemy-kak-subekty-prava-na-gaidarovskom-forume-5c430924f6cfb300af1c0d9f#publication_likers (date of access: 15.06.2023).
6. Artificial intelligence “judge”: website. – [Electronic resource]. – Access mode: https://www.universityherald.com/articles/45702/20161024/artificial-intelligence-judge-predict-outcome-european-court-trials.htm (date of access: 15.02.2021).
7. Laptev V. Artificial intelligence in court: how it will work / Portal “Law”. – [Electronic resource]. – Access mode: https://pravo.ru/opinion/232129/ (date of access: 17.05.2023).
8. Postny I. Artificial intelligence in the field of jurisprudence. Article 2 / Habr. – [Electronic resource]. – Access mode: https://habr.com/ru/post/511004/ (date of access: 17.05.2023).
9. Proydakov E. M. Current state of artificial intelligence // Science studies studies. – 2018. – No. 2018. – P. 129-153.
10. Judicial processor: The government discusses the use of artificial intelligence in the legal sphere // Kommersant. – 2017: website. – [Electronic resource]. – Access mode: https://www.simplawyer.com/wp-content/uploads/Zakon.ru-Legal-Tech-and-lawyers-of-the-future.pdf (date of access: 14.06.2023).
JUDICIAL PROCEEDINGS
GERKE Kristina Vitaljevna
postgraduate student of the 4th course of the correspondence course of Organization of judicial and law enforcement activities sub-faculty of the Russian State University of Justice
THE PROCEDURE FOR THE DEPARTURE OF MAGISTRATES ON VACATION OUTSIDE THE TERRITORY OF THE RUSSIAN FEDERATION
This work is devoted to the study of the procedure for crossing the territory of the Russian Federation by citizens with the status of judges, namely, to the procedure for action by justices of the peace. The choice of the research topic is based on the practical need to study the legal status of the justice of the peace in various aspects. In the Russian Federation, there are certain legislative norms governing the right of citizens to travel abroad. The status of judges, prosecutors, other officials, lawyers and ordinary citizens without special legal status may differ. Let’s analyze what are the differences. Why they exist and what normative acts are regulated. We propose ways to optimize the procedure for preparing judges for the leave. This topic is relevant, new, has scientific and practical significance, as well as theoretical and practical value for the entire legal community.
Keywords: magistrates, international law, exit and entry procedures, leave, status of judge.
Article bibliographic list
1. Law of the Russian Federation “On the Status of Judges in the Russian Federation” dated 26.06.1992 No. 3132-1 (latest revision).
2. Federal Law “On Justices of the Peace in the Russian Federation” dated 17.12.1998 No. 188-FZ (latest revision).
3. Federal Law dated 15 August 1996 No. 114-FZ “On the Procedure for Leaving the Russian Federation and Entering the Russian Federation”.
4. Decree of the President of the Russian Federation dated 05/20/2024 No. 429
“On approval of the Regulation on the procedure for preliminary notification of the Federal Security Service of the Russian Federation (territorial security agency) and the Foreign Intelligence Service of the Russian Federation by certain categories of persons about leaving the Russian Federation.”
5. Resolution of the Plenum of the Supreme Courts of the Russian Federation of 10.10.2003 No. 5 (as amended. from 05.03.2013) “On the application by courts of general jurisdiction of generally recognized principles and norms of international law and international treaties of the Russian Federation”.
6. Resolution of the Plenum of the Supreme Court of the Russian Federation from 16.04.2013 No. 9 “On Amendments to the Resolution of the Plenum of the Supreme Court of the Russian Federation of the Federation of October 31, 1995 N 8 “On Certain Issues of the Application by Courts of the Constitution of the Russian Federation in the Administration of Justice”.
7. Resolution of the Plenum of the Supreme Court of the Russian Federation of June 27, 2013 N 21 “On the Application by Courts of General Jurisdiction of the Convention for the Protection of Human Rights and fundamental freedoms of 4 November 1950 and the Protocols thereto.”
LEGAL PROCEEDINGS
PETROVA Yuliya Alexeevna
postgraduate student of the Russian State University of Justice, Assistant to the Deputy Chairman of the Court of Arbitration of the Moscow District
DIGITALIZATION AND JUDICIAL ACTIVITY OF ARBITRATION COURTS
The article examines the concept, features, and significance of digitalization of arbitration courts, and reveals its individual elements. Attention is drawn to the importance of information support for the activities of the courts, which is a condition for fairness, transparency and transparency of the justice system. The features of electronic legal proceedings in arbitration courts of foreign countries are considered. The directions of work on the introduction of full-fledged electronic court proceedings in arbitration courts are proposed.
Keywords: court, arbitration court, electronic document management, electronic document, electronic court proceedings, digitization.
Article bibliography
1. Burdina E. V. Digitalization of judicial activity: directions, forecasts and risks // Court administrator. 2020. No. 2.
2. Burdina E. V. et al. Electronic justice: Monograph. / Ed. by E. V. Dragilev E. V., Drovaleva L. S., Palamarchuk S. A. Informatization of the judicial system of China // Legal science. 2022. No. 8.
3. Burdina E. V. et al. Electronic justice: Monograph. / Ed. E. V. Burdina, S. V. Zueva. M.: RGUP, 2021.
4. Zhurkina O. V., Maksimenko E. I. Digital justice on the example of Internet courts in China // Issues of Russian and international law . 2020. Vol. 10. No. 6.
5. Kachalova O. V. European standards for the application of information technologies in legal proceedings in the context of modern challenges and threats // The rule of law: theory and practice. 2022. No. 1 (67).
6. Rakitina L. N. Electronic legal proceedings in civil proceedings // Court Administrator. 2022. No. 3.
PROSECUTOR’S OFFICE AND ITS OFFICIALS
MAKHYANOVA Rimma Mubarakovna
Ph.D. in Law, associate professor of Military administration, administrative and financial law sub-faculty of the Prince Alexander Nevsky Military University of the Ministry of Defense of the Russian Federation
LEGAL REGULATION OF SUPERVISION ACTIVITIES OF THE PROSECUTOR’S OFFICE AND PROBLEMS OF ITS TACTICAL SUPPORT: RETROSPECTIVE AND MODERNITY
The article, based on a retrospective analysis of regulatory legal acts on the organization and activities of prosecutors, examines the powers of prosecutors to identify, eliminate and prevent violations of laws; their historical periodization was carried out and the features associated with the use of personal and professional qualities of the prosecutor were highlighted as the main factors influencing the provision of legality and the achievement of the effectiveness of supervisory activities. The results of the research conducted earlier by the author indicate the advisability of tactical support for the supervisory activities of the prosecutor’s office in order to improve its quality. According to the author, the effectiveness of prosecutorial supervision depends not on the scope of legislatively enshrined powers, but on the ability of prosecutors to effectively implement them in relation to the conditions of the current situation. For these purposes, the legislation on prosecutorial supervision needs to be updated to include rules on the use of tactics in organizing and carrying out supervisory activities. This will also serve to improve the supervisory powers of the prosecutor and to intensify the scientific organization of labor in the activities of the prosecutor’s office.
Keywords: powers of the prosecutor, tactics of supervisory activities of the prosecutor’s office.
Article bibliographic list
1. [Electronic resource]. – Access mode: https://base.garant.ru/57566516/ (date of access: 13.07. 2024).
2. Monuments of Russian law in thirty-five volumes. Volume thirteen. Judicial reform of 1864 in the Russian Empire. Educational and scientific manual / Under the general editorship of R. L. Khachaturov, A. A. Demichev. – Moscow : Publishing house “Yurlitinform”, 2015. – P. 376-385.
3. “SU RSFSR”. – 1917. – No. 4. – Art. 50.
4. “SU RSFSR”. – 1922. – No. 36. – Art. 424.
5. “SZ USSR”. – 1926. – No. 57. – Art. 413.
6. “SZ USSR”. – 1934. – ; No. 1. – Art. 2b.
7. USSR. Main Military Prosecutor’s Office. Instructions for military prosecutors on the implementation of general supervision over the execution of laws / Prosecutor’s Office of the USSR. Main military prosecutor’s office. – Moscow: [b. i.], 1938. – 15 p. @@ Instructions for the military prosecutor of the sea and river fleet on supervision for compliance with socialist legality in the application of the regulations on the discipline of workers and employees of the sea and river fleet of the USSR: [Approved by the Chief Military Prosecutor’s Office of the Sea and River Fleet of the USSR on December 26, 1944] / Prosecutor’s Office of the USSR. Chief Military . Prosecutor’s Office of the Maritime and River Fleet of the USSR. – Moscow: Rechisdata Printing House, 1944. – 16 p.
8. “Collection of current orders and instructions of the Prosecutor General of the USSR”, 1958 (extract).
9. “Vedomosti of the Supreme Soviet of the USSR”. – 1979. – No. 49. – Art. 843.
10. “ “Vedomosti of the Supreme Soviet of the USSR”. – 1955. – No. 14. – Art. 288.
11. On the Prosecutor’s Office of the Russian Federation: Federal Law of 17.01.1992 No. 2202-1 // Coll. legislation of the Russian Federation . 20.11.1995. – No. 47. – Art. 4472 (as amended on 29.05.2024).
12. On the Prosecutor’s Office of the Russian Federation: Federal Law of 17.01.1992 No. 2202-1 // Coll. legislation of the Rus. Federation. – 20.11.1995. – No. 47 . – Art. 4472 (as amended on 29.12.2022) (as amended and supplemented, entered into force on 09.01.2023). – Art. 21. – Section III.
13. Makhyanova R. M. Tactics of supervisory activities of prosecutorial authorities: a tutorial. – Moscow: Military University of the Ministry of Defense of Russia, 2023. – 106 pp.
LAW ENFORCEMENT AUTHORITIES
ANDRIYAKHIN Andrey Andreevich
lecturer of Fire training in the activities of the department of internal affairs in special conditions sub-faculty of the Oryol Law Institute of the MIA of Russia
SHEVCHENKO Igor Anatoljevich
lecturer of Fire training sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia, lieutenant colonel of police
IDRISOV Idris Kerimovich
lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia, major of police
BEZGACHEV Fedor Vladimirovich
senior lecturer of Information and legal disciplines and special equipment sub-faculty of the Siberian Law Institute of the MIA of Russia, Krasnoyarsk
DEVELOPMENT OF POLICE OFFICERS’ READINESS TO PERFORM OFFICIAL TASKS IN EXTREME CONDITIONS
This article presents the main directions for the development of police officers’ readiness to perform tasks in special conditions. The authors note the importance of an integrated approach in the training of IAB personnel. The authors identify psychological training, physical training, fire and tactical special training, and the development of group work skills as the main areas of training. In conclusion, the authors note that all the highlighted aspects together contribute to improving the overall effectiveness of law enforcement agencies.
Keywords: special conditions, development of qualities, extreme conditions, police officer, interaction , skills development.
Article bibliography
1. Belousova Z. A. Physical training tools for developing students’ skills to act in extreme situations // BSU Bulletin. – 2009. – No. 1 . [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sredstva-fizicheskoy-trenirovki-dlya-formirovaniya-u-studentov-umeniy-deystvovat-v-ekstremalnyh-situatsiyah (date of access: 24.06.2024).
2. Ilyina V. V. Genesis of the development of the term “Extreme conditions” in psychological science // Bulletin of the Criminal Investigation Department of the Ministry of Internal Affairs of Russia. – 2014. – No. 2 (24). [Electronic resource]. – Access mode: https://cyberleninka. ru/article/n/genezis-razvitiya-termina-ekstremalnye-usloviya-v-psihologicheskoy-nauke (date of access: 21.06.2024). /
3. Korolenko Ts. P. Human psychophysiology in extreme conditions. – L., 1978. – P. 15.
4. Savkin N. S. Extreme situation and challenges of the time // Humanitarian: current problems of humanitarian science and education. – 2021. – No. 1 (53). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ekstremalnaya-situatsiya-i-vyzovy-vremeni (date of access: 21.06. 2024).
5. Temchur A. S. The nature and characteristics of an extreme situation // International Journal of Humanities and Natural Sciences. – 2021. – No. 2-3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/suschnost-i-harakteristiki-ekstremalnoy-situatsii (date of access: 21.06.2024).
6. Ukrainsky S. V., Struganov S. M. , Barkalov S. N. Formation of professional qualities in employees of internal affairs bodies necessary for performing operational and service tasks in extreme situations // Bulletin of the Criminal Investigation Department of the Ministry of Internal Affairs of Russia. – 2021. – No. 2 (52). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/formirovanie-u-sotrudnikov-organov-vnutrennih-del-professionalnyh-kachestv-neobhodimyh-dlya-vypolneniya-operativno-sluzhebnyh (date of access: 24.06.2024).
7. Frolkina A. V., Chevtaeva A. V. Features of personality behavior in an extreme situation // Bulletin of experimental education. – 2021. – No. 4 (29). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/osobennosti-povedeniya-lichnosti-v-ekstremalnoy-situatsii (date of access: 21.06.2024).
LAW ENFORCEMENT AGENCIES
BELETSKIY Alexander Alexandrovich
senior lecturer of the Fire training sub-faculty of the Volgograd Academy of the MIA of Russia
ZHIKHAREV Dmitriy Alexandrovich
Senior lecturer of Physical culture and sports and wellness technologies sub-faculty of the Don State Technical University, Rostov-on-Don
CHERNYSHOV Alexander Alexeevich
lecturer of Physical training sub-faculty of the Voronezh Institute of the MIA of Russia
THE USE OF MODERN TYPES OF SMALL ARMS AND AMMUNITION IN THE OFFICIAL ACTIVITIES OF EMPLOYEES OF THE INTERNAL AFFAIRS BODIES
The article is devoted to topical issues of the use of modern samples of small arms and ammunition in the official activities of employees of the internal affairs bodies. The paper considers the most common types of small arms used in the DIA, such as the Yarygin pistol, the Bison submachine gun, the Kalashnikov assault rifle and the Saiga carbine. Special attention is paid to the characteristics and features of the use of various types of ammunition, including traumatic, tear and armor-piercing cartridges. The specifics of the use of modern small arms and ammunition by police officers, the need to comply with legal requirements, rules for safe handling of weapons, as well as the importance of regular fire training are described in detail. It is noted that the high level of professional skills of police officers in handling weapons is a key factor in the effectiveness and safety of their actions. The article also discusses modern technological solutions used in the process of fire training of employees, such as training complexes, combat simulation systems and the latest personal protective equipment. It is emphasized that the use of these innovative developments contribute to improving the quality and effectiveness of fire training. Special attention is paid to the legal aspects of the use of modern small arms and ammunition by police officers.
Keywords: small arms, ammunition, police officers, weapons, training complexes, personal protective equipment.
Article bibliography
1. Kropachev S. A. Use of modern small arms by law enforcement officers: legal and tactical aspects // Bulletin of the Voronezh Institute of the Ministry of Internal Affairs of Russia. – 2021. – No. 2. – P. 45-51.
2. Petrov D. V., Ivanov A. S. Innovative technologies in fire training of law enforcement officers // Technologies of the XXI century. – 2021. – No. 4. – P. 18-24.
3. Sidorov B. V., Chernyshev G. A. Features of the use of ammunition with special striking elements by employees of the Internal Affairs Bodies // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2021. – No. 3. – P. 61-67.
4. Larionov I. N. Modern types of small arms used in the official activities of employees of the internal affairs bodies // Scientific Bulletin of the Oryol Law Institute of the Ministry of Internal Affairs of Russia named after V. V. Lukyanov. – 2021. – No. 4. – pp. 79-84.
LAW ENFORCEMENT AUTHORITIES
BONDAREV Alexander Vladimirovich
Deputy Head of Fire training sub-faculty of the Krasnodar University of the MIA of Russia, colonel of police
MARTYNEN KO Oleg Vladimirovich
senior lecturer of Fire and physical training sub-faculty of the Volgodonsk branch of the Rostov Law Institute of the MIA of Russia, major of police
KRYUCHKOV Vasiliy Vasiljevich
senior lecturer of Physical training sub-faculty of the Volgograd Academy of the MIA of Russia
PROBLEMS AND PROSPECTS OF IMPROVING THE LEVEL OF PHYSICAL TRAINING OF POLICE OFFICERS
The article is devoted to the urgent problem of improving the effectiveness of physical training of employees of internal affairs bodies. The paper analyzes the state of physical fitness of police personnel, identifies key problems that prevent them from maintaining a high level of physical readiness. The main problems include: inconsistency of the content and structure of physical training with modern requirements, insufficient differentiation according to individual typological and job characteristics of employees, low motivation of personnel, insufficient material and technical support. The article suggests promising directions for improving the effectiveness of physical training of police officers, including the development of a system for assessing physical readiness, improving the content and forms of physical training based on a differentiated approach, the introduction of innovative technologies, strengthening the material and technical base and motivation of personnel. The implementation of the presented measures will contribute to increasing the level of physical readiness of police officers to effectively perform operational and official tasks.
Keywords: physical training, employees of internal affairs bodies, professionally applied physical training, differentiated approach.
Article bibliography
1. Barchenkov V. I., Volkov A. V. Physical training of employees of internal affairs bodies in modern conditions: problems and ways of improvement // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2021. – No. 2 (90). – P. 124-129.
2. Grachev A. S., Mikhailov D. V. Organization of physical training of police officers taking into account the specifics of their official activities // Scientific notes of the University named after P. F. Lesgaft. – 2021. – No. 2 (192). – P. 66-70.
3. Davydov O. B., Plotnikov A. A. Modern trends in physical training of employees of internal affairs bodies // Bulletin of the criminal-executive system. – 2021. – No. 5 (226). – P. 37-41.
4. Eremin A. Yu., Shiyanov N. V. Ways to increase the motivation of employees of internal affairs bodies to engage in physical training // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2021. – No. 4 (92). – pp. 154-159.
LAW ENFORCEMENT BODIES
MUSTAFINA Gulnara Mazhitovna
associate professor of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia, colonel of police
TORGERSEN Sergeevich
senior lecturer of Fire training sub-faculty of the Siberian Law Institute of the MIA of Russia, Krasnoyarsk, lieutenant colonel of police
GUNYAEV Evgeniy Viktorovich
senior lecturer of Fire training and activities of the department of internal affairs in special conditions sub-faculty of the V. V. Lukyanov Oryol Law Institute of the MIA of Russia, lieutenant colonel of police
KLIMOVSKIY Anton Sergeevich
lecturer of Special disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, captain of police
THE CONTENT AND CAUSES OF CONFLICT SITUATIONS IN THE ACTIVITIES OF LAW ENFORCEMENT OFFICERS
The scientific article examines the role of psychological services and managers in conflict management in the collectives of internal affairs bodies. Ensuring a socio-psychological climate in the internal affairs of bodies is considered a key aspect requiring an integrated approach. The authors identify the main causes of conflicts, as well as factors affecting the socio-psychological climate in the teams of internal affairs agencies. In conclusion, the authors set out recommendations for successful conflict management in the activities of police officers.
Keywords: conflict, conflictological competence, socio-psychological climate, police officer, conflict management.
Article bibliography
1. Gainullina A. V. Psychological problems of the manager’s activities in preventing conflicts and maintaining a favorable socio-psychological climate in service teams // Psychology and pedagogy of service activities. – 2020. – No. 4. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/psihologicheskie-problemy-deyatelnosti-rukovoditelya-po-profilaktike-konfliktov-i-podderzhaniyu-blagopriyatnogo-sotsialno (date of access: 02.07.2024).
2 . Davydova Yu. A., Pryanikova N. I. Conflict as a factor in the temporary resistance of an organization // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2022. – No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/ article/n/konflikt-kak-faktor-vremennoy-rezistentnosti-organizatsii (date of access: 04.07.2024).
3. Elesina I. G. The main causes of conflict situations in the team of law enforcement officers // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2022. – No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/ article/n/osnovnye-prichiny-konfliktnyh-situatsiy-v-kollektive-sotrudnikov-pravoporyadka (date of access: 04.07.2024).
4. Kasparov A. R. Content and structure of conflicts in the professional activities of employees of internal affairs bodies / / Science. Education. Modernity / Science. Education. The present. – 2018. – No. 3-4. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/soderzhanie-i-struktura-konfliktov-v-professionalnoy-deyatelnosti-sotrudnikov-organov-vnutrennih-del (date of access: 02.07.2024).
5 . Nezhkina L. Yu. Forecast of reliability of professional activity of employees based on the study of socio-psychological climate and management style // Psychology in Economics and Management. – 2017. – No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/prognoz-nadezhnosti-professionalnoy-deyatelnosti-sotrudnikov-na-osnove-issledovaniya-sotsialno-psihologicheskogo-klimata-i-stilya (date of access: 02.07.2024).
LAW ENFORCEMENT AGENCIES
PANOVA Olga Sergeevna
Ph. D. in pedagogical sciences, professor of Physical training sub-faculty of the Volgograd Academy of the MIA of Russia
LEMAIKINA Svetlana Vladimirovna
lecturer senior of Information support of the DIA sub-faculty of the Rostov Law Institute of the MIA of Russia
MAYER Evgeniy Vladimirovich
lecturer of Physical training sub-faculty of the Omsk Academy of the MIA of Russia
PROFESSIONALLY APPLIED PHYSICAL TRAINING AS THE BASIS FOR THE FORMATION OF PHYSICAL FITNESS OF EMPLOYEES OF THE MINISTRY OF INTERNAL AFFAIRS
The article examines the importance of professionally applied physical training (PPFP) in the system of physical training of employees of internal affairs bodies. It is noted that the specifics of the operational and official activities of employees of the Ministry of Internal Affairs determines the special importance of PPFP as the main means of forming professionally significant physical qualities and motor skills. The analysis of the current state of PPFP in educational institutions of the Ministry of Internal Affairs of Russia is carried out. The main problems that negatively affect the effectiveness of this area of physical training are identified: the inconsistency of the content of the PPFP with the relevant requirements for the professional activity of employees, insufficient differentiation of curriculum by job responsibilities, low level of motivation of students for classes. The main directions for improving the PPFP are proposed: optimization of the content and structure of the PPFP, taking into account modern requirements for employees of the Ministry of Internal Affairs; introduction of innovative forms and methods aimed at improving the effectiveness of classes; differentiation of PPFs by job groups; development of criteria and indicators for assessing professionally applied physical fitness. The implementation of the proposed measures, according to the authors, will increase the level of professionally applied physical fitness of employees of the internal affairs bodies, and will also contribute to the improvement of their professional competencies necessary for the successful performance of official duties.
Keywords: employees of the Ministry of Internal Affairs, professionally applied physical training, physical fitness, improvement of forms and methods.
Article bibliography
1. Achkasov E. E., Levitan A. P., Shpagin S. V. Modern technologies for assessing the physical fitness of employees of the Ministry of Internal Affairs of Russia // Theory and practice of physical education. – 2021. – No. 9. – P. 66-68.
2. Gorbunov A. V., Kolomenskaya E. A. Features of professional and applied physical training of cadets of educational organizations of the Ministry of Internal Affairs of Russia // Bulletin of the Belgorod Law Institute of the Ministry of Internal Affairs of Russia named after I. D. Putilin. – 2021. – No. 3. – P. 75-78.
3. Zaitsev A. A., Manzhelei I. V., Maltsev A. V. Improving professional and applied physical training of cadets of educational organizations of the Ministry of Internal Affairs of Russia // Theory and practice of physical education. – 2022. – No. 1. – P. 83-85.
4. Lubyshev E. A., Semenov A. A., Kryukova D. A. Analysis of the state and directions of improvement of professional and applied physical training of cadets of educational organizations of the Ministry of Internal Affairs of Russia // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2021. – No. 6. – P. 167-171.
LAW ENFORCEMENT AGENCIES
PETROV Pavel Sergeevich
lecturer of Fire and tactical special training sub-faculty of the Ufa Law Institute of the MIA of Russia
KASHIRSKIY Dmitriy Yurjevich
Ph.D. in technical sciences, associate professor, Head of Computer science and special technology sub-faculty of the Barnaul Law Institute of the MIA of Russia
GORELOV Stanislav Alexandrovich
Ph.D. in psychological sciences, Head of Internal affairs in special conditions sub-faculty of the St. Petersburg University of the MIA of Russia
TACTICAL FEATURES OF THE ACTIONS OF POLICE OFFICERS IN SPECIAL CONDITIONS
The article discusses the main directions of training police officers for service in special conditions. The modern realities of the practical activities of police officers in regions are subject to sabotage attacks, as well as air attacks by unmanned aerial vehicles from the enemy, force us to change the usual order of service to a reinforced one, where much attention is paid to ensuring personal safety measures. The tactical features of the actions of police officers, the most important aspects relating to the preparation of equipment, equipment, as well as the legal regulation of this area in the police have already undergone quite a lot of changes at the moment, but it is no secret that military confrontation is acquiring a new level and scale every day Therefore, it is necessary to constantly improve approaches to the preparation, management and coordination of DIA activities in special conditions.
Keywords: special conditions, tactics of actions, tactical and special training, physical training, fire training, moral and psychological training.
Article bibliography
1. Petrov P.S. On some aspects of organizing classes on the academic discipline “Tactical and special training” // Issues of improving physical, tactical and special and fire training of police officers for operational and service activities: materials of the All-Russian scientific and practical conference, Volgograd, June 21, 2023. Volume Issue 6. – Volgograd: Volgograd Academy of the Ministry of Internal Affairs of the Russian Federation, 2023. – P. 220-225. – EDN EIDNGL.
2. Alekseev A. M. Actual problems of fire and tactical-special training at the present stage // Improving fire and tactical-special training of law enforcement officers: Collection of materials of the All-Russian scientific and practical conference, Orel, May 26, 2023. – Orel: Orel Law Institute of the Ministry of Internal Affairs of Russia named after V. V. Lukyanov, 2023. – P. 9-12. – EDN VBJVNS.
LAW ENFORCEMENT AGENCIES
PYRCHENKOVA Galina Stepanovna
Ph.D. in philological sciences, associate professor, associate professor of Foreign languages sub-faculty of the Academy of Management of the MIA of Russia
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” of Russia
CURRENT TRENDS IN THE DEVELOPMENT OF SCIENTIFIC AND TECHNICAL SUPPORT FOR LAW ENFORCEMENT AGENCIES IN FOREIGN COUNTRIES
In the article, the authors consider the possibilities of using new technologies in the activities of law enforcement agencies of foreign countries. The analysis of foreign experience in the process of organizing scientific and technical support for the activities of law enforcement agencies allowed the authors to assert that modern trends in the introduction of the latest achievements of science and technology into law enforcement can serve as prerequisites for the application of these areas in the law enforcement system of any country.
Keywords: law enforcement agencies, scientific and technical support, innovative technologies, public-private partnership.
Bibliographic list
1. Artificial intelligence and robotics for law enforcement artificial intelligence and robotics for law enforcement. – [Electronic resource]. – Available at: https://www.europarl.europa.eu/cmsdata/196207/UNICRI%20-%20Artificial%20intelligence%20and%20robotics%20for%20law%20enforcement.pdf (accessed: 21.05.2024).
2. Springer Handbook of Automation. – Editors: № Shimon Y (Ed.), 2009. – Р. 1574-1575.
3. Etzioni Oren. No, the Experts Don’t Think Superintelligent AI is a Threat to Humanity. – [Electronic resource]. – Access mode: https://www.technologyreview.com/s/602410/no-the-experts-dont-think-superintelligent-aiis-a-threat-to-humanity 3 (accessed: 23.05.2024).
4. What is a ShotSpotter? How Chicago police use high-tech equipment to fight crime – ABC7 Chicago (accessed: 23.05.2024).
5. Connors Ed., Cunningham W., Ohlhausen P., Operation Cooperation: Guidelines for Partnerships between Law Enforcement & Private Security Organizations, Washington, D.C.: Bureau of Justice Assistance, 2000. – [Electronic resource]. – Access mode: www.ilj.org/publications/docs/Operation_Cooperation.pdf.
6. Cunningham W. C., Strauchs J. J. and Clifford W. Van Meter. Private Security Trends 1970–2000: The Hallcrest Report II, Stoneham. – Massachusetts: Butterworth-Heinemann, 1990. – 244 p.
7. CunninghamW. C., Taylor T. Private Security and Police in America: The Hallcrest Report I, Stoneham, Massachusetts: Butterworth-Heinemann, 1985; Gainer T.W. Partnership Between Law Enforcement and Private Security Should Become a Norm. – [Electronic resource]. – Access mode: https://docplayer.net/15792349-Partnerships-between-public-law-enforcement-and-private-security-should-behtmlcome-the-norm (date of access: 23.04.2024).
8. Debevoise & Plimpton LLP. Public Private Partnerships in the USA. March 26, 2019.
9. ASIS Foundation, ASIS Foundation Security Report: Scope and Emerging Trends, Alexandria, Virginia: ASIS Foundation, 2004, 42. – [Electronic resource]. – Access mode: https://www.asisonline.org/foundation/.
10. Pyrchenkova G.S., Radchenko E.P. Modern trends in the development of public-private partnership in the US law enforcement system. Business Security. – M.: Jurist Publishing Group. – 2020. – No. 2. – P. 27-33.
11. Latypov A. I. Foreign experience in the use of information technology in law enforcement // Scientific and educational journal for students and teachers “StudNet”. – 2021. – № 4.
LAW ENFORCEMENT AGENCIES
KHOREV Alexander Vladimirovich
Ph.D. in Law, associate professor of Judiciary sub-faculty of the Penza State University; assistant senior prosecutor of the Leninskkyi district of Penza
PROSECUTORAL SUPERVISION OF THE BODIES CONDUCTING PRELIMINARY INVESTIGATIONS IN THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
The article examines the place and role of the Prosecutor’s Office in the preliminary investigation procedure carried out by employees of the Ministry of Internal Affairs. The author conducts a comparative legal analysis of the competence of the prosecutor’s office at various stages of the formation of national statehood, as well as in other countries. It is concluded that today the prosecutor is not limited only to the function of supervision of the bodies conducting preliminary investigations in the Ministry of Internal Affairs, which requires appropriate legislative consolidation of his coordinating powers at the stage of preliminary investigation of criminal cases.
Keywords: prosecutor, prosecutorial supervision, preliminary investigation, preliminary investigation, preliminary investigation.
Article bibliographic list
1. Constitution of the Russian Federation (adopted by popular voteadopted on December 12, 1993, with amendments approved during the all-Russian vote on July 1, 2020) // The official text of the Constitution of the Russian Federation is published on the Official Internet Portal of Legal Information http://pravo.gov.ru, 10/06/2022.
2. Criminal Procedure Code of the Russian Federation of December 18, 2001 No. 174-FZ // Collected Legislation of the Russian Federation. – 12/24/2001. – No. 52 (Part I). – Art. 4921.
3. Federal Law “On Amendments to the Criminal Procedure Code of the Russian Federation and the Federal Law “On the Prosecutor’s Office of the Russian Federation” // Collected Legislation of the Russian Federation. – 2007. – No. 24. – Art. 2830.
4. Federal Law of December 28, 2010 No. 403-FZ “On the Investigative Committee of the Russian Federation” // Collection of Legislation of the Russian Federation. – 03.01.2011. – No. 1. – Art. 15.
5. Order of the Prosecutor General’s Office of Russia dated January 19, 2022 No. 11 “On the Organization of Prosecutor’s Supervision over the Procedural Activities of Preliminary Investigation Bodies” // Legality. – 2022. – No. 4.
6. Order of the Prosecutor General’s Office of the Russian Federation dated June 2, 2011 No. 162 “On the Organization of Prosecutor’s Supervision over the Procedural Activities of Preliminary Investigation Bodies” (No longer in effect) // The document was not published. [Electronic resource]. – Access mode: https://docs.cntd.ru/document/902285899?section=status (date accessed: 07.01.2024).
7. Baev O. Yu. On some problematic issues of prosecutorial supervision over preliminary investigation bodies in the Ministry of Internal Affairs of Russia // Innovative Science. – 2022. – P. 55-59.
8. Panfilova E. A. Prosecutor’s supervision of preliminary investigation: a comparative legal analysis of the practice of foreign countries // Symbol of Science. – 2016. – No. 11. – P. 180-186.
9. Tyurenkova K. A., Demidov A. S. Constitutional and legal status of the prosecutor’s office in foreign countries: a comparative legal analysis // Young scientist. – 2015. – No. 21 (101). – P. 633-639.
10 Furazhnikova K. Yu. Comparative legal study of the assessment of the effectiveness of criminal procedural activities of the prosecutor in the Russian Federation and the PRC // New legal bulletin. – 2023. – No. 1 (40). P. 31-34.
11. Rastoropshin R. A. Rights and tasks of the prosecutor in the criminal process of the Russian Federation and Germany // Problems of Economics and Legal Practice. – 2017. – P. 141-142.
12. Potyrkina E. Yu. Criminal procedural status of the prosecutor in the proceedings of European states. // Socio-economic phenomena and processes. – 2015. – No. 10. – P. 82-87.
13. Melnikov D. Yu. The emergence and development of the prosecutor’s office in Russia // Prosecutor’s activity in Russia: history, theory, practice: materials of the All-Russian scientific and practical conference dedicated to the 300th anniversary of the Russian prosecutor’s office (Penza, December 24, 2021) / Ed. V. A. Terekhin. – Penza, 2022. – P. 97-101.
LAW ENFORCEMENT AGENCIES
TSARKOVA Evgeniya Gennadjevna
Ph.D. in physical and mathematical sciences, leading researcher of the Department for the Study of Employment Problems of Convicts and Economic Problems of the Functioning of the Penal Correction 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” of Russia
ZORINA Natalya Sergeevna
senior researcher of the Department for Imp roving 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” of Russia
ON THE ISSUE OF JUVENILE DELINQUENCY PREVENTION
The aim of the study is to examine the aspects of juvenile delinquency, the growth of which, among other things, is associated with the spread of destructive content on the Internet. The factors leading to criminal manifestations in the behavior of minors are analyzed. The issues of positive influence of family, sports and leisure activities on the formation of law-abiding behavior of minors are studied. Special attention is paid to the role of preventive work, legal education in reducing the level of juvenile delinquency.
Keywords: juvenile delinquency, criminogenic threats, social development of society, crime prevention, Penal System of the Russian Federation.
Article bibliography
1. Artemova D. I., Presnyakov S. A. Measures to prevent juvenile delinquency and social rehabilitation of adolescents // Bulletin of Penza State University. – 2019. – No. 4 (28). – P. 28-32.
2. Tsarkova E. G. On the issue of using modern information technologies in work on preventing crime among minors // Problems of preventing crime among minors and young people: materials of the All-Russian scientific and practical conference, St.- Petersburg, May 26, 2023. – St. Petersburg: Pechatny Tseh, 2023. – P. 79-81.
3. Kurinova I. A. Protection of the rights of minors by the norms of modern Russian legislation // Science and School. – 2015. – No. 8.
4. Tikhaya L. S. On some aspects of the activities of commissions on minors and the protection of their rights // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2016. – No. 7. – P. 14-17
5. Tsarkova E. G., Zorina N. S. Determinants of juvenile delinquency and personality traits of a juvenile offender // Eurasian Law Journal. – 2023. – No. 11 (186). – P. 427-428.
6. Churakov D. Yu., Tsarkova E. G. Promising directions of information technologies in the penal system of the Russian Federation // Actual problems of the activities of the penal system units: Collection of materials of the All-Russian scientific and practical conference. In 2 parts, Voronezh, May 23, 2019. Part 1. – Voronezh: Publishing and printing center “Scientific book”, 2019. – P. 238-253.
SECURITY AND LAW
TROFIMTSEVA Svetlana Yurjevna
Ph.D. in philosophical sciences, associate professor, associate professor of Security and information technologies sub-faculty of the National Research University “Moscow Power Engineering Institute”
COMPARATIVE ANALYSIS OF CRIMINALIZATION OF ILLEGAL COMPUTER IMPACTS ON CRITICAL INFRASTRUCTURE OF THE RUSSIAN FEDERATION, THE USA AND BELGIUM
The article analyzes the specifics of criminalization of cyberattacks on critical infrastructure in the criminal legislation of the Russian Federation, the USA and Belgium in connection with the adoption of laws on the protection of critical infrastructure in these countries (Federal Law “On the Security of Critical Information Infrastructure of the Russian Federation” No. 187-FL of July 26, 2017, Executive Order of the US President No. 13010 “Critical Infrastructure Protection” of July 15, 1996, Presidential Policy Directive “Critical Infrastructure Security and Resilience” of February 12, 2013, the Belgian Law “On the Security and Protection of Critical Infrastructure” of July 11, 2011). The analysis of the provisions of Article 274.1 of the Criminal Code of the Russian Federation, § 1030 of the US Code, Article 550 tertia of the Belgian Criminal Code is carried out. The conclusion is made about the insufficient correlation of the provisions of § 1030 the US Code with federal legislation on the protection of critical infrastructure. The thesis is put forward about the possibility of introducing additional crimes into Chapters 16, 21, 24, 25, 29 of the Criminal Code of the Russian Federation to improve criminal-legal counteraction to cyberattacks on critical infrastructure facilities of the Russian Federation.
Keywords: cybercrime, critical infrastructure, computer information, crimes against critical infrastructure, security of information relations.
Article bibliography
1. Petryaeva E.K., Trofimtseva S.Yu. Legal protection of critical infrastructure facilities in the context of the digital economy: the problem of lawful determination of the victim and the object of attacks under Art. 274.1 of the Criminal Code of the Russian Federation // Digital transformation: trends and prospects. Proceedings of the II International Scientific and Practical Conference, Moscow, 20.12.2023. – M.: Publishing House OOO “Izdatelstvo “Mir Nauki”, 2023. – P. 301-309.
SECURITY AND LAW
TROFIMTSEVA Svetlana Yurjevna
Ph.D. in philosophical sciences, associate professor, associate professor of Security and information technologies sub-faculty of the National Research University “Moscow Power Engineering Institute”
THE PROBLEM OF DETERMINING THE OBJECT OF A CRIME ASSOCIATED WITH UNLAWFUL INFLUENCE ON CRITICAL INFORMATION INFRASTRUCTURE
The article analyzes issues related to the specification of objects of against the critical infrastructure of states, including those crimes related to malicious impact on information systems, information and telecommunication networks and automated control systems of critical infrastructure facilities. Some provisions of the Federal Law of the Russian Federation “On the Security of the Critical Information Infrastructure of the Russian Federation” No. 187-FL are analyzed. A thesis is put forward on the possibility of defining a generic object in accordance with the social sectors in which, according to national legislation, there are critical infrastructure facilities, the functioning of which is encroached upon by an intruder, primarily national security, economic security, public safety and public order, and in the criminal legislation of the Russian Federation as the security of social spheres, where, according to 187-FL, critical information infrastructure facilities operate. The definition of a specific and direct object is proposed to correlate with ensuring the safe functioning of groups of critical infrastructure facilities. New relevant articles may be introduced into national criminal legislation as qualified or additional articles criminalizing socially dangerous attacks on critical infrastructure facilities.
Keywords: critical information infrastructure, critical infrastructure objects, computer information (computer data), cyberattacks on information systems, information and telecommunication networks, automated control systems.
Article bibliography
1. Trofimtseva S. Yu. “Illegal Impact on the Critical Information Infrastructure of the Russian Federation” (Article 274.1) as a Computer Crime? (To the Question of Its Generic, Specific, and Direct Object) // Eurasian Law Journal. – 2021. – No. 11 (162). − P. 317-318.
EDAGOGY AND LAW
BELEVTSEV Vitaliy Vladimirovich
Ph.D. in pedagogical sciences, Deputy Head of Fire training sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia, colonel of police
METHODOLOGY FOR TEACHING “DRY” SHOOTING SKILLS AT FIRETREATMENT CLASSES IN EDUCATIONAL ORGANIZATIONS OF THE MIA OF RUSSIA
The article reveals the main methods of teaching dry shooting skills, aimed at improving the fire training of cadets and students of educational organizations of the Ministry of Internal Affairs of Russia. This will allow them to correctly hold, aim and fire a weapon in their future professional activities, as well as comply with safety rules. Therefore, the training process contains those practical actions that will be useful to law enforcement officers.
Keywords: “idle” training, fire training, practical shooting, training methods, physical qualities, tactical action, shooting technique.
Article bibliography
1. Baluev A. S. Problematic aspects of planning firearms training in educational organizations of the Ministry of Internal Affairs of Russia // Autonomy of the individual. – 2023. – No. 1 (29). – P. 81-86.
2. Bokiy A. N., Kondrashov A. V. Techniques for developing the skill of shooting a police officer from a firearm // Scientific notes of the Crimean Federal University named after V. I. Vernadsky. Legal sciences. – 2023. – T. 9 (75). № 1. – P. 376-383.
3. Bordachev A. Yu. Improving the fire training of police officers in modern conditions of law enforcement activities // In the collection: Improving the fire and tactical-special training of law enforcement officers. Collection of materials of the All-Russian conference. – Orel, 2022. – P. 36-39.
4. Vorozhtsov A. M., Domysheva T. V. Methods of teaching fire training in the implementation of vocational training programs // In the collection: Actual issues of improving the special training of cadets and students of educational organizations of the Ministry of Internal Affairs of Russia. Materials of the All-Russian scientific and practical conference. Editorial board: E. E. Vityutnev, I. V. Podporin, V. A. Mikhailyuk [et al.]. Krasnodar, 2022. – P. 533-538.
5. Kardanov A.K. Actual problems of fire and physical training of police officers // Problems of modern pedagogical education. – 2022. – No. 74-1. – P. 113-116.
6. Kardanov A.K. Actual issues of organizing the training process in practical shooting with employees of the Ministry of Internal Affairs of the Russian Federation // Problems of modern pedagogical education. – 2022. – No. 76-4. – P. 147-150.
7. Pavlov E.B. Improving the training of police officers for situations involving the use of firearms // In the book: Problems of improving Russian legislation. Collection of abstracts of the All-Russian (with international participation) scientific conference of cadets, listeners and students. Edited by Yu.V. Anokhin. – Barnaul, 2022. – pp. 305-306.
EDAGOGY AND LAW
DOTTUEV Tengiz Idrisovich
senior lecturer of Internal affairs in special conditions sub-faculty of the North Caucasian Institute for Advanced Training (branch) of the Krasnodar University MIA of Russia, major of police
THE SPECIFICS OF PROFESSIONAL REHABILITATION OF ATHLETES AFTER INJURIES
The semantic message of carrying out rehabilitation measures in case of injury to a person is to reduce the influence of concomitant manifestations as soon as possible, such as pain, limited mobility and temporary excommunication from competitive and training activities. Timely response and qualified specialist assistance can eliminate the aggravation of damage, prevent the transformation of the disease into a chronic one, and help avoid relapse. This paper examines the most effective means of recovery, the sequence of their application, indications and contraindications for the preparation of an individual technique.
Keywords: injury, rehabilitation, rehabilitation measures, treatment methods, medications, preventive load.
Article bibliography
1. Federal Law No. 61-FZ of April 12, 2010 “On the Circulation of Medicines” // Collected Legislation of the Russian Federation. – 2010. – No. 16.
2. Dunay O. G., Trofimov A. N., Chernovol S. I., Stakhov S. G. On the Possibility of Increasing the Efficiency of Rehabilitation of Patients with Limb Injuries (Individual Rehabilitation Program) // Trauma. – 2019. – No. 4. – P. 99-104.
3. Fedosov M. I., Shpachenko A. V. Shock. Etiopathogenetic classification, clinical diagnostics and key areas of intensive care. Lecture. Part I // TMBV. – 2018. – No. 3. – P. 146-152.
4. Maslennikov V. A. Ozone therapy in clinical practice // Nizhny Novgorod Medical Journal. – 2010. – No. 1. – P. 95-99.
5. Kruchinsky N. G. Modern principles in the rehabilitation of athletes // Health for all. – 2016. – No. 2. – P. 11-15.
PEDAGOGY AND LAW
KRAEVA Natalya Viktorovna
Ph.D. in Law, senior researcher of the Center for the Study of the Problems of the Execution of Criminal Penalties and Psychological Support for the Professional Activities of Employees in the Penitentiary System of the Federal State Institution “Research Institute of the Federal Penitentiary Service” of Russia
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” of Russia
RATIONAL WAYS TO CORRECT JUVENILE CONVICTS
In this scientific article, the author describes a rational way to correct juvenile convicts. Having analyzed the scientific works of Russian researchers on this topic, the author came to the conclusion that the rational way of correction consists of three stages – diagnosis of the convict’s personality, measures to correct him and subsequent re-socialization. As a result, the conducted research makes it possible to more clearly identify the areas in which researchers should work to improve the effectiveness of juvenile correction programs.
Keywords: correction of a minor convict, educational colonies, minor, correction, method, resocialization, diagnosis.
Article bibliography
1. Aleksandrov A. S. On the issue of resocialization and correction of juvenile convicts in conditions of imprisonment // Bulletin of the Kuzbass Institute. – 2021. – No. 2 (47). – P. 19-26.
2. Drozd N. A., Ezhova O. N. Resocialization of juvenile convicts // Problems and prospects for the development of the penal system of Russia at the present stage. – 2020. – P. 117-121.
3. Zhdanov V. A. Ways and means of correcting juvenile convicts in places of deprivation of liberty // Perm period. – 2022. – P. 27-29..
4. Kuptsov I. I., Pivovarova T. V. Rational ways of correcting juvenile convicts // Applied legal psychology. – 2013. – No. 3. – P. 26-34.
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
KHAYDAROVA Melana Leonidovna
senior lecturer of Pedagogy and preschool psychology sub-faculty of the Chechen State Pedagogical University, Grozny
AGZAMOV Rifkat Raisovich
Ph.D. in pedagogical sciences, associate professor of Pedagogy, psychology and health care sub-faculty of the Institute of Education Development of the Republic of Bashkortostan, Ufa
SAMOLOVOV Nikolay Alexandrovich
Ph.D. in pedagogical sciences, associate professor of Sports disciplines sub-faculty of the Nizhnevartovsk State University
OCCUPATIONAL DEPRIVATION AS AN INHIBITOR OF PROFESSIONAL AND PERSONAL DEVELOPMENT OF STUDENTS OF A MODERN UNIVERSITY
The article examines the phenomenon of professional deprivation and its impact on the professional and personal development of students of higher educational institutions. An analysis of various theoretical approaches to the study of professional deprivation was carried out, and the works of domestic and foreign scientists were reviewed. Attention is paid to the mechanisms of occurrence of professional deprivation, its consequences and possible coping strategies. The main goal of the article is to identify key aspects that hinder the professional and personal growth of students and offer recommendations for minimizing the negative effects of professional deprivation.
Keywords: professional deprivation, professional and personal development, university students, developmental inhibitors, psychological health.
Article bibliography
1. Vygotsky L. S. Problems of development of the psyche. – Moscow: Pedagogy, 1983.
2. Leontiev A. N. Activity. Consciousness. Personality. – Moscow: Politizdat, 1977.
3. Maslow A. Motivation and personality. – St. Petersburg: Piter, 2007.
4. McClelland D. Human motivation. – St. Petersburg: Piter, 2007.
5. Levin K. Dynamic theory of personality. – New York: McGraw-Hill, 1935.
6. Deci E. L., Ryan R. M. Intrinsic Motivation and Self-Determination in Human Behavior. – New York: Plenum, 1985.
7. Vilyunas V.K. Psychology of motives. – M.: Nauka, 1990.
8. Frankl V. E. Man’s Search for Meaning. – Boston: Beacon Press, 2006.
9. Erikson E. H. Identity and the Life Cycle. – New York: W. W. Norton, 1980 @@ Harter S. The Construction of the Self: A Developmental Perspective. – New York: Guilford Press, 1999.
10. Schunk D. H., Pintrich P. R., Meece J. L. Motivation in Education: Theory, Research, and Applications. – Upper Saddle River, NJ: Pearson, 2008.
11. Bandura A. Self-Efficacy: The Exercise of Control. – New York: W. H. Freeman, 1997.
12. Encyclopedia. Deprivation. – [Electronic resource]. – Access mode: http://knowledge.su/d/deprivatsiya (date of access: 12.07.2024).
13. Yumatova I. I. Dynamics of students’ professional self-determination (on the example of a pedagogical university): Abstract. diss… candidate of psychological sciences. – Rostov-on-Don, 2000. – [Electronic resource]. – Access mode: http://www.dissercat.com/content/dinamika-professionalnogo-samoopredeleniya-studentov-na-primere-pedagogicheskogo-vuza (date of access: 12.07.2024).
14. Knyazev E. A. Pedagogy and psychology of social deprivation (historical aspect) / E. A. Knyazev. – [Electronic resource]. – Access mode: http://www.hr-portal.ru/article/pedagogika-i-psikhologiya-sotsialnoi-deprivatsii-0 (date of access: 12.07.2024).
PEDAGOGY 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
KORELIN Mikhail Nikolaevich
lecturer of Physical training sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk
ZAVGORODNIY Andrey Gennadjevich
lecturer of Physical training y of the Barnaul Law Institute of the MIA of Russia
PEDAGOGICAL CONDITIONS FOR FORMING STUDENTS’ READINESS FOR PROFESSIONAL ACTIVITIES
The article reveals the theoretical and practical aspect of the pedagogical conditions for the formation of students’ readiness for professional activity. The goal of our work is to find pedagogical conditions that ensure students’ readiness for professional activity. Solving this problem involves clarifying the essence of the concept of “readiness for professional activity.” In our research, we analyze in detail the content of each component: legal knowledge, skills, elements of legal culture, legal ethics, and determine their place and significance in the structure of a graduate’s readiness for professional activity. In the experimental work, we conventionally distinguish three groups of students according to the level of development of skills in solving professional problems: professionally promising; professionally stable; professionally problematic. In our article, we did not set a goal to comprehensively reveal the professional readiness of students, but we would like to identify the problem of insufficient knowledge of the nature and criteria of readiness of graduates of higher educational institutions for professional activities and note that the process of training specialists is purposeful, thoughtful and systematic.
Keywords: pedagogical conditions, formation process, readiness, readiness for professional activity.
Article bibliographic list
1. Odintsova L. A. Implementation of continuous pedagogical education in the region in the context of a pedagogical university // Pedagog: science, technology, practice. – 2001. – No. 1. – P. 95-98.
2. Sviridova G. F. Features of the organization of independent work of bachelor students of a pedagogical university // The world of science, culture, education. – 2019. – No. 2 (75). – P. 212-214.
3. Sviridova G. F. Problems of organizing independent work of students of a pedagogical university and ways to solve them // Bulletin of the Altai State Pedagogical University. – 2019. – No. 2 (39). – P. 21-25.
4. Sukhoterina T. P. Scientific potential of the Federal State Budgetary Educational Institution of Higher Professional Education “Altai State Pedagogical Academy”//Grand Altai Research & Education. – 2014. – № 1. – P. 218-223.
5. Timoshenko A. Yu. Criterial assessment as a means of forming self-control and self-esteem of students // Modern educational technologies in primary school. Materials of the correspondence all-Russian scientific and practical conference. edited by L. A. Nikitina. – 2017. – P. 157-163.
6. Timoshenko A. Yu. Main directions of organizing professional training of future teachers in the context of implementing a multi-level system of higher education // Modernization of professional and pedagogical education: trends, strategy, foreign experience. Materials of the international scientific conference. Under the scientific editorship of M. P. Tyrina, L. G. Kulikova. – 2017. – P. 230-232.
7. Timoshenko A. Yu. Place and role of pedagogical subject technology in the educational process // Pedagogical University Bulletin of Altai. – 2002. – No. 1. – P. 754-756.
PEDAGOGY AND LAW
RUBAN Darya Alexeevna
Ph.D. in pedagogical sciences, lecturer of State and civil law disciplines sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia
MANAGING THE PROCESS OF CREATING AND MAINTAINING A POSITIVE IMAGE OF INTERNAL AFFAIRS BODIES ON SOCIAL NETWORKS
The article deals with the problem of representation of internal affairs of bodies in social networks. It is about the need to manage the process of creating and maintaining a positive image of internal affairs on the Internet. Domestic and foreign experience in researching the issue shows that in this process it is necessary to pay attention to two factors: SMM strategies and knowledge of psychotechnologies used in PR. Police PR officers need special training, including knowledge of SMM and Internet psychology, to implement a strategy to increase the level of trust.
Keywords: image, internal affairs bodies, police, social networks, image strategies.
Article bibliography
1. Antonova E. A., Nureeva I. A. The role of social networks in shaping the image of a police officer // International Journal of Psychology and Pedagogy in Official Activities. – 2018. – No. 2. – P. 55-58.
2. The influence of social networks on the image of a police officer – this topic was discussed at a meeting of the coordinating and methodological council at the East Siberian Institute of the Ministry of Internal Affairs of Russia // East Siberian Institute of the Ministry of Internal Affairs of Russia site. [Electronic resource]. – Access mode: https://xn--b1am0a.xn--b1aew.xn--p1ai/Press-sluzhba/Novosti/item/12309039// (date of publication: 02/16/2018).
3. Ivanova R. Yu., Maltseva T. V. Psychological aspects of PR activities in the Ministry of Internal Affairs of Russia: a tutorial. – Moscow: Academy of Management of the Ministry of Internal Affairs of Russia, 2023. – 68 p.
4. Kilimnik E. V. Strategies for enhancing the image of the police institution abroad // Theory and practice of world science. – 2022. – No. 3. – P. 60-74.
5. Akmatbekova Zh. A., Alymbaeva Z. A., Aldasheva G. M., Bolotbekov S. E. Image of the leader in the formation of the image of a government agency // Bulletin of Science and Practice. – 2022. – Vol. 8. No. 9. – Pp. 491-502.
PEDAGOGY AND LAW
FAYRUSHINA Margarita Zufarovna
Ph.D. in political sciences, lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia
GOLIKOVA Natalya Leonidovna
senior lecturer of Criminal process and criminalistics sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia
THE PHILOSOPHICAL AND PSYCHOLOGICAL ASPECT OF THE FORMATION OF A ABLE ENVIRONMENT IN EDUCATIONAL INSTITUTIONS OF THE MIA OF RUSSIA
In the article, the authors consider a philosophical and psychological view on the formation of a comfortable environment in educational institutions of the Ministry of Internal Affairs of Russia. The formation of a psychologically comfortable environment in educational organizations of the Ministry of Internal Affairs of Russia is an important philosophical and psychological task and is regulated by special normative legal acts. The article says that the formation of a comfortable educational environment is greatly influenced by a healthy educational climate in educational institutions. The formation of a psychologically comfortable educational environment begins with the creation of special psychological and pedagogical conditions and a set of measures aimed at both physical and psychological adaptation of students, which manifests itself in emotional stability, psychological self-regulation, an active lifestyle, the desire to study and gain knowledge. It is a psychologically comfortable and safe environment in the educational organization of the Ministry of Internal Affairs of Russia that is necessary.
Keywords: environment, comfort, psychology, education,upbringing, educational organization.
Article bibliography
1. Andreeva G. M. Social Psychology: Textbook for Higher Education Institutions. – 5th ed., revised and expanded. – Moscow: Aspect Press, 2003.
2. Druzhinin V. N. Structure and Logic of Psychological Research. – Moscow: Publishing House “Institute of Psychology of the Russian Academy of Sciences”, 1994.
3. Radugin A. A., Radugin K. A. Sociology: Lecture Course: Textbook for Students of Higher Education Institutions. – 3rd ed., revised and expanded. – Moscow: Biblionika, 2006. – 223 p.
4. Grigorovich L. A., Martsinkovskaya T. D. Pedagogy and Psychology: Textbook. manual. – M.: Gardariki, 2003. – 480 p.
5. Zhdanov O. I. “Socio-psychological climate in the team” // Personnel records management. – 2007. – No. 11. – P. 15.
6. Ishmekeeva A. K. Factors of formation and correction of the socio-psychological climate in the teaching staff // Psychology. Sociology. Science. – 2013. – No. 2.
7. Krechetnikov K. G. Features of ensuring psychological comfort of the student when using information educational technologies // Educational technologies and science. – 2006. – No. 9 (4). – C. 265-268.
PEDAGOGY AND LAW
SHAGIEVA Gulnara Rifovna
senior lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia, lieutenant colonel of police
KUZNETSOV Vladimir ovich
lecturer of Special disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, Simferopol, major of police
KHRUSHCHEV Alexander Viktorovich
senior lecturer of Fire training sub-faculty of the Siberian Law Institute of the MIA of Russia, Krasnoyarsk, major of police
KHRYKOV Ivan Sergeevich
lecturer of Fire training and activities of the department of internal affairs in special conditions sub-faculty of the V. V. Lukyanov Oryol Law Institute of the MIA of Russia, senior lieutenant of police
GAMIFICATION AS AN INNOVATIVE TECHNOLOGY FOR TRAINING CADETS AND TRAINES IN UNIVERSITIES OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA: ADVANTAGES AND PROSPECTS
The article explores the introduction of gamification into the educational process in universities of the Ministry of Internal Affairs of Russia. The authors consider the positive aspects of using game elements in order to increase students’ motivation for the process of learning knowledge and developing the necessary skills. The article discusses practical examples of successful application of gamification, as well as identifies prospects for further development of this technology in the educational process of universities of the Ministry of Internal Affairs of Russia.
Keywords: gamification, vocational training, game technologies, cadet training, student engagement.
Article bibliography
1. Alekseeva A. Z., Solomonova G. S., Aetdinova R. R. Gamification in education // Pedagogy. Psychology. Philosophy. – 2021. – No. 4 (24). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/geymifikatsiya-v-obrazovanii-3 (date of access: 06/27/2024).
2. Vikhlyaev A. A. Gamification as an innovative form of teaching special disciplines in departmental educational institutions of the Ministry of Internal Affairs of Russia // Psychology and pedagogy of service activities. – 2023. – No. 1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/geymifikatsiya-kak-innovatsionnaya-forma-prepodavaniya-spetsialnyh-distsiplin-v-vedomstvennyh-uchebnyh-zavedeniyah-mvd-rossii (date of access: 06/27/2024).
3. Zubova O. A. How to distinguish gamification from an educational game // Eurasian Scientific Journal. – 2022. – No. 3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kak-otlichit-geymifikatsiyu-ot-obuchayuschey-igry (date of access: 06/27/2024).
4. Ilyina N. N. Game magic of communication: gamification as a means of developing communication skills in primary school students // Modern problems of science and education. – 2024. – No. 2. [Electronic resource]. – Access mode: https://science-education.ru/ru/article/view?id=33340 (date of access: 06/27/2024).
5. Murzagalina G. M., Tikhomirova G. V., Filippova O. V., Korneeva N. Yu., Galiakberova V. N. Gamification in education as a factor in increasing interest in the assimilation of educational material // Moscow Economic Journal. – 2022. – No. 4. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/geymifikatsiya-v-obrazovanii-kak-faktor-povysheniya-interesa-k-usvoeniyu-uchebnogo-materiala (date of access: 06/27/2024).
6. Nelyubin R. V., Penionzhek E. V., Takiulina E. R. Productivity of the gamification method on the example of the game “Laser Tag” in educational organizations of the Ministry of Internal Affairs of Russia // Pedagogy. Theory and Practice. – 2019. – No. 4. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/produktivnost-metoda-igrofikatsii-na-primere-igry-lazertag-v-obrazovatelnyh-organizatsiyah-sistemy-mvd-rossii (date of access: 01.07.2024).
7. Tolenova E. A., Abdoldina A. B. Gamification in education // SAI. – 2024. – No. Special Issue 26. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/geymifikatsiya-v-obrazovanii-4 (date of access: 06/27/2024).
PEDAGOGY AND LAW
TSOY Bronislav Alexeevich
Ph.D. in Law, associate professor, associate professor of Criminal process law sub-faculty of the Russian State University of Justice
GILYAZOV Ruslan Relifovich
senior lecturer of Professional training sub-faculty of the Ufa Law 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
BOGDANOV Artyom Mikhaylovich
lecturer of Tactical and special training sub-faculty of the Siberian Law Institute of the MIA of Russia, Krasnoyarsk
FEATURES OF THE USE OF INTERACTIVE TEACHING METHODS IN THE PREPARATION OF FUTURE LAWYERS
This article examines the role of the use of interactive teaching methods in the training of future lawyers. It is noted that the considered group of methods contribute to the active participation of students in the classroom, providing a deep understanding of the educational material and the development of necessary skills. The authors pay special attention to game-based learning methods. In conclusion, the authors conclude that the expected learning outcomes using interactive methods can be: – improving the understanding of key aspects of the discipline; – development of skills in analyzing evidence and formulating legal positions; – improvement of students’ communication skills, etc.
Keywords: interactive teaching methods, teaching methods, training of lawyers, formation of skills, educational process, game methods.
Article bibliography
1. Bykov V. P. Interactive learning as a basis for activating the educational and cognitive activity of students in a military university // Pedagogy: history, prospects. – 2021. – No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/interaktivnoe-obuchenie-kak-osnova-aktivizatsii-uchebno-poznavatelnoy-deyatelnosti-obuchayuschihsya-v-voennom-vuze (date of access: 07/05/2024).
2. Kodoeva A. Ch. Forms and methods of organizing legal education of cadets in educational and extracurricular activities // KNZh. – 2020. – No. 3 (32). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/formy-i-metody-organizatsii-pravovogo-vospitaniya-kursantov-v-uchebnoy-i-vo-vneauditornoy-deyatelnosti (date of access: 07/05/2024).
3. Kutepova M. V. Interactive methods of organizing independent work of cadets and students of educational organizations of the Ministry of Internal Affairs of Russia // Psychology and pedagogy of service activities. – 2021. – No. 1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/interaktivnye-metody-organizatsii-samostoyatelnoy-raboty-kursantov-i-slushateley-obrazovatelnyh-organizatsiy-mvd-rossii (date of access: 07/05/2024).
4. Rovina E. E. Interactive elements in classrooms: several exciting ideas and examples of application // Education and Law. – 2021. – No. 1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/interaktivnye-elementy-na-uchebnyh-zanyatiyah-neskolko-uvlekatelnyh-idey-i-primery-primeneniya (date of access: 07/05/2024).
5. Obraztsov P. I., Uman A. I. Game methods of conducting educational classes // Gaudeamus. – 2005. – No. 8. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/igrovye-metody-provedeniya-uchebnyh-zanyatiy (date of access: 07/08/2024).
6. Tillabaeva F. A. Interactive teaching methods as a type of active methods // Economy and society. – 2021. – No. 2-2 (81). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/interaktivnye-metody-obucheniya-kak-raznovidnost-aktivnyh-metodov (date of access: 07/05/2024).
7. Sheykhova M. S., Prokhorova T. S. Features of game-based teaching methods // Economy and Society. – 2018. – No. 6 (49). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/osobennosti-igrovyh-metodov-obucheniya (date of access: 07/08/2024).
PSYCHOLOGY AND LAW
ALMUKHAMETOVA Gulfiya Gayazovna
Ph.D. in pedagogical sciences, associate professor of Pedagogy and psychology in the activities of police officers sub-faculty of the Ufa Law Institute of the MIA of Russia
VOSKOBOEV Alexander Ivanovich
Ph.D. in pedagogical sciences, Head of Tactical and special training sub-faculty of the Rostov Law Institute of the MIA of Russia, colonel of police
CHERNOUSOV Maxim Viktorovich
lecturer of Fire training sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia, major of police
ALTUNIN Alexey Yurjevich
lecturer of Fire training and activities of the DIA in special conditions sub-faculty of the V. V. Lukyanov Oryol Law Institute of the MIA of Russia
METHODS OF PSYCHOLOGICAL SUPPORT FOR POLICE OFFICERS SERVING IN SPECIAL CONDITIONS
This article discusses the concept of psychological support for police officers serving in extreme conditions. The authors note that psychological support for police officers in special conditions is an important tool for maintaining their mental health and professional performance.
Keywords: psychological support, police officer, special conditions, extreme conditions, psychological assistance, mental state.
Article bibliography
1 . Koynov M. Yu. Methodology for training patrol police officers for actions in special conditions // Bulletin of Economics, Management and Law. – 2022. – No. 4 (61). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/metodika-podgotovki-sotrudnikov-patrulno-postovoy-sluzhby-politsii-k-deystviyam-v-osobyh-usloviyah (date of access: 21.06.2024).
2. Novikova I. A., Ksenofontov A. M. Psychological support and assistance to police officers in extreme conditions of official activity // Science and Modernity. – 2011. – No. 13-1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/psihologicheskoe-soprovozhdenie-i-podderzhka-sotrudnikov-politsii-v-ekstremalnyh-usloviyah-sluzhebnoy-deyatelnosti (date of access: 21.06.2024).
3 . Ogorodnikov V. I., Voronin R. M. Psychological characteristics of employees serving with weapons // Applied legal psychology. – 2023. – No. 3 (64). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/psihologicheskie-osobennosti-sotrudnikov-nesuschih-sluzhbu-s-oruzhiem (date of access: 21.06.2024).
4. Sukhova E. V. Test capabilities SMIL in professional selection // UPIRR. – 2015. – No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/vozmozhnosti-testa-smil-v-professionalnom-otbore (date of access : 21.06.2024).
5. Chovdyrova G.S., Reutskaya I.E., Klimenko S.K. Psychological support of the activities of police officers // Psychopedagogy in law enforcement agencies. – 2005. – No. 1 (23). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/psihologicheskoe-soprovozhdenie-deyatelnosti-sotrudnikov-ovd (access date: 06/21/2024).
PSYCHOLOGY AND LAW
ANANJEVA Zhanna Nikolaevna
student of the 5th course of the full-time student of the Department of Psychology of the Institute of Training of State and Municipal Employees of the Academy of the FPS of Russia
ANANJEV Oleg Gennadjevich
senior lecturer of Social psychology and social work sub-faculty of the Academy of the FPS of Russia
THE LEGAL BASIS OF PSYCHOLOGICAL WORK WITH THE PARTICIPANTS OF SMO
This article examines the legal aspects of psychological work with participants in a special military operation (SMO). The article analyzes the main normative legal acts regulating the interaction of psychologists with the participants of the SMO, their rights and obligations. Special attention is paid to ethical and professional standards in psychological work with this category of persons. The issue of confidentiality of information received from the participants of the SMO and possible restrictions under the law is also being considered. In conclusion, the article focuses on the importance of respecting the rights and dignity of SMO participants in the framework of psychological work and the need to comply with legal norms in providing assistance and support to this category of clients.
Keywords : legal foundations, participants of the SMO, adaptive capabilities, assertive behavior, survival, personality, defense mechanisms, stimuli, readaptation, reactions.
Article bibliography
1. Federal Law “On the Fundamentals of Social Services for Citizens in the Russian Federation” dated 28.12.2013 No. 442-FZ. [Electronic resource]. — Access mode: https://www.consultant.ru/document/cons_doc_LAW_156558/ (date of access: 11.06.2024).
2. Order of the Ministry of Health of the Russian Federation dated 24.10.2002 No. 325 “On psychological and psychiatric assistance in emergency situations “(together with the “Regulation on the organization of psychological and psychiatric assistance to victims of emergency situations”). [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_101282/ (date of access: 11.06.2024).
3. Ananyeva E. O., Ivliev P. V. On the issue of social services for participants in the SVO of the Russian Federation // Eurasian Law Journal. – 2024. – No. 1 (188). – P. 287-288.
4. Ananyeva Zh. N., Ananyev O. G. On the issue of the program of psychological support for employees // Scientific Aspect. – Ryazan. – 2024. – T. 1. No. 4. – P. 105-110.
Psychology and Law
PAVLOV Igor Mikhaylovich
senior lecturer of Special disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, , lieutenant colonel of police
MUSAFIN Radim Radifovich
lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia, major of police
EVTUSHENKO Alexander Anatoljevich
senior lecturer of Physical training sub-faculty of the Siberian Law Institute of the MIA of Russia, Krasnoyarsk
KOVGAN Ekaterina Yurjevna
lecturer of Administrative law sub-faculty of the Rostov Law Institute of the MIA of Russia, captain of police
THE ROLE OF COMMUNICATION SKILLS IN THE ACTIVITIES OF POLICE OFFICERS
In this article, the authors explore the importance of communication skills in the activities of police officers. The authors emphasize that the development of communication skills contributes to the successful resolution of conflict situations, strengthens trusting relationships with society and increases the internal operational effectiveness of the police. The article focuses on various factors influencing the communication process, such as: the emotional state of the interlocutor, the personal qualities of police officers, etc.
Keywords: communication, communication skills, professional communication, police officer, interaction, skills development.
Article bibliography
1. Bukovtsova T. N. Communicative competence of employees of internal affairs bodies: characteristics and ways of improvement // Mission of confessions. – 2023. – No. 72. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kommunikativnaya-kompetentnost-sotrudnikov-organov-vnutrennih-del-harakteristika-i-puti-povysheniya (date of access: 19.06.2024).
2. Gorshkova O. V. Active teaching methods: forms and purposes of application // Concept. – 2017. – No. S3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/aktivnye-metody-obucheniya-formy-i-tseli-primeneniya (date of access: 19.06.2024).].
3. Dimitrov A. N., Toropchin N. A., Kulkina I. V. Features of tactical and psychological techniques of communication between a police officer and an offender // MNKO. – 2016. – No. 3 (58). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/osobennosti-taktiko-psihologicheskih-priyomov-obscheniya-sotrudnika-politsii-s-pravonarushitelem (date of access: 04.06.2024).
4. Kochesokova Z. Kh., Mashekuasheva M. Kh. Communicative competencies of police officers as a factor in the effectiveness of professional activity // Modern science-intensive technologies. – 2014. – No. 4. – P. 167-168. [Electronic resource]. – Access mode: https://top-technologies.ru/ru/article/view?id=34602 (date accessed: 04.06.2024).
5. Myskin S. V. Structure and content of professional communication // Questions of psycholinguistics. – 2020. – No. 1 (43). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/struktura-i-soderzhanie-professionalnogo-obscheniya (date accessed: 04.06.2024).
6. Rodin V. F., Balashova V. A. Some problems of professional communication of a district police officer with citizens // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2023. – No. 4. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/nekotorye-problemy-professionalnogo-obscheniya-uchastkovogo-upolnomochennogo-politsii-s-grazhdanami (date of access: 04.06.2024).
7. Rodin V. F., Balashova V. A. Communication in the activities of police officers // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2020. – No. 8. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/obschenie-v-deyatelnosti-sotrudnikov-politsii (date of access: 06/04/2024).
STATE LAW
FASTOVICH Galina Gennadjevna > senior lecturer of Theory and law sub-faculty of the Institute of Law of the Krasnoyarsk State Agrarian University
ON THE ISSUE OF IMPLEMENTATION OF EVENTS IN THE HIGHER EDUCATION SYSTEM PROVIDED BY THE COMPREHENSIVE PLAN FOR COUNTERING THE IDEOLOGY OF TERRORISM FOR 2024-2028 (BASED ON THE EXAMPLE OF A AGRICULTURAL RESEARCHURAL UNIVERSITIES IN RUSSIA AT THE RESULTS OF THE 1ST HALF OF 2024 YEAR
Article analyzes Section 1 “Measures aimed at developing anti-terrorist consciousness among young people”, provided for by the Comprehensive Plan for Countering the Ideology of Terrorism in the Russian Federation for 2024-2028, approved by the President of the Russian Federation on December 30, 2023 No. Pr-2610. In the process of research, the author analyzes the events that were carried out with students in the higher education system (agricultural universities of the Russian Federation) based on the results of the first half of 2024. During the analysis, the author points out the the importance of the activities being carried out, which are measures of a preventive, educational, cultural and educational nature in order to prevent the negative worldview of students.
Keywords: comprehensive plan, anti-terrorism consciousness , youth, agricultural universities, higher education, rejection of the ideology of terrorism, law enforcement agencies.
Article bibliography
1. Comprehensive plan to counter the ideology of terrorism in the Russian Federation for 2024-2028 years, approved by the President of the Russian Federation dated December 30, 2023 No. Pr-2610: [website]. – [Electronic resource]. – Access mode: https://www.consultant.ru/ (date of access: 20.06.2024). – Text: electronic.
2. Fastovich G. G. Functioning of civil society institutions as a factor in increasing the efficiency of the state mechanism / / Law and state: theory and practice. – 2016. – No. 7 (139). – P. 51-55.
3. Kapsargina S. A. Professionally-oriented foreign language teaching as a main aspect in student’s training in non-linguistic universities // Science and education: experience, problems, development prospects: Proceedings of the int. scientific and practical conf., Krasnoyarsk, April 20-22, 2021. Vol. Part I. – Krasnoyarsk: Krasnoyarsk State Agrarian University, 2021. – P. 275- 278. – EDN CTZAOI.
4. Kapsargina S. A. Professionally-oriented foreign language teaching in non-linguistic university // Problems of modern agricultural science: materials of the international scientific conference, Krasnoyarsk, October 15, 2019. – Krasnoyarsk: Krasnoyarsk State Agrarian University, 2019. – P. 414-419. – EDN PONXEY.
5. Ryabchenok O. N., Fastovich G. G. The Internet and its impact on modern society // International Journal of Humanities and Natural Sciences. – 2019. – No. 3-1. – pp. 143-145.
POLITICS AND LAW
ZHU Yongjiu
master’s degree of the 1st course of the Faculty of Space Research of the M. V. Lomonosov Moscow State University
ABRAMOVA Svetlana Radikovna
Ph.D. in historical sciences, associate professor of Economic and legal security sub-faculty of the Institute of History and Public Administration of the Ufa University of Science and Technology
FEATURES OF THE PUBLIC-PRIVATE PARTNERSHIP BETWEEN THE CHINESE AND RUSSIAN SPACE INDUSTRIES
Space cooperation in the digital age is the main driving force behind the high-tech development of national economies. Also, equal cooperation in space is the most important factor in geopolitical stability. The relevance of the study lies in the fact that Russia and China have demonstrated a benchmark example of multipolarity and equality in space cooperation, and studying such experience is necessary for developing similar cooperation programs between other countries. The object of the study is the space industry. The subject of the study is the partnership between Russia and China. The purpose of the study is to reveal the features of the public-private partnership between China and Russia in the field of space. At the new stage of cooperation, Russia interacts with China in space technologies on an equal footing, having provided China with the technology of an early warning system for a missile attack, and China, in turn, providing Russia with appropriate assistance in the development of space technologies, and such a mutually beneficial exchange of knowledge and technology is a sign of a mature and fruitful partnership.
Keywords: strategic partnership, space weapons, militarization, geopolitics, modernization of relations.
Article bibliography
1. Akopyan A. A. Scientific and technical cooperation between Russia and China in the aerospace sphere // Russia and China: history and prospects of cooperation: Proceedings of the X international scientific and practical conference , Blagoveshchensk-Heihe, June 02–04, 2020. Volume Issue 10. – Blagoveshchensk-Heihe: Blagoveshchensk State Pedagogical University, 2020. – P. 593-599. – DOI 10.48344/BSPU.2020.21.82.084. – EDN ZEVWEM.
2. Zhdanov V. L., Antrushina K . T. Political aspects of international cooperation in space // Management consulting. – 2022. – No. 11(167). – P. 10-19. – DOI 10.22394/1726-1139-2022-11-10-19. – EDN AZJKWM.
3. Safiullina E. I. The state and prospects of cooperation between Russia and China in high-tech sectors of the economy // Economy: yesterday, today, tomorrow. – 2018. – Vol. 8. No. 2A. – P. 182-191. – EDN XSCJOP.
4. Muratova M. A., Kotelnikova T. V. Prospects for cooperation between China and the Russian Federation in the field of space exploration // Russia and China: problems of strategic interaction: collection of the Eastern Center. – 2021. – No. 24. – P. 72-76. – EDN TSHZAU.
5. Drozhashikh E. V. The Role of Russia and China in Preventing an Arms Race in Space // Russia and China: History and Prospects of Cooperation: Proceedings of the IX International Scientific and Practical Conference, Blagoveshchensk – Heihe, Tianjin, Beijing, May 20-28, 2019 / Editor-in-Chief D. V. Kuznetsov. Volume Issue 9. Part 7. – Blagoveshchensk – Heihe, Tianjin, Beijing: Blagoveshchensk State Pedagogical University, 2019. – P. 57-65. – EDN HIIMXP.
ECONOMY. LAW. SOCIETY
BURNOS Ekaterina Nikolaevna
Ph.D. in Law, founding partner of the limited liability company “Vekavi Group”
OSHUEVA Victoria Vladimirovna
Master of Law, founding partner of the limited liability company “Vekavi Group”
ABUSE OF RIGHTS BY THE CONSUMER: ON THE ISSUE OF LEGAL REGULATION
The article examines the problems of qualification of abuse of rights by consumers, an assessment is on the basis of signs of unfair consumer behavior within the framework of modern legal regulation and judicial practice. The authors consider current legislative initiatives aimed at preventing abuse by consumers. In order to ensure a balance of interests between business and consumer, a definition of the concept of “abuse of consumer rights” has been developed.
Keywords: abuse of law, unfair behavior, consumer, consumer protection
Article bibliography
1. Consumer terrorism is nothing more than an invention on the part of business [Interview with M. S. Orlov] // Law. – 2021. – No. 9. – P. 8-14.
2. Musarsky S. V. Basic views on the essence of abuse of rights in foreign and domestic civil law. – Moscow: Zertsalo-M, 2021. – 148 p.
3. Usoltsev E. Yu. Interest as a basis for qualifying abuse of rights by a consumer // Actual problems of Russian law. – 2022. – No. 12. – P. 131-139.
ECONOMY. RIGHT. SOCIETY
WANG Jianbo
Ph.D. ineconomical sciences of the Belarusian State Technical University
GLOBAL DYNAMICS IN COST MANAGEMENT STRATEGIES: ADAPTING TO CHALLENGES AND OPPORTUNITIES IN TRANSNATIONAL OPERATIONS
This paper provides a comprehensive overview of the current global dynamics in cost management, emphasizing the significant impact of transnational operations on business strategies. As globalization intensifies, companies are increasingly facing challenges that stem from operating in multiple regulatory, economic, and cultural environments. This study explores how these diverse factors influence cost management strategies, focusing on the integration of advanced technologies and evolving business models. We examine specific areas such as the role of digital transformation in cost optimization, the influence of cross-border regulatory complexities, and the strategic implementation of sustainable practices within global supply chains. Additionally, the analysis delves into the adaptation of cost management practices amidst geopolitical tensions and economic uncertainties, emphasizing the need for agile and responsive strategies that can navigate the complexities of international markets. By synthesizing current trends and predictive analytics, the paper highlights effective strategies for managing costs in a transnational context, providing actionable insights for businesses aiming to enhance their global competitiveness. The study underscores the critical role of strategic evolution in cost management frameworks as companies harness technological advancements and theoretical insights to thrive in a dynamic global landscape.
Keywords: global dynamics, cost management, transnational operations, digital transformation, regulatory complexity.
References
1.Gao, (2008). “Chinese Companies Going Global: The Operational Strategies and Communication Challenges.”
2.Hečková et al., (2019). “Cross-Border Mergers and Acquisitions as a Challenge for Sustainable Business.”
3.Katoma and Qutieshat, (2023). “A Systematic Review of Challenges Experienced by Cross Border Investments in Developing Countries. A Case of Multinational Companies Expanding into The African Region.”
4.Oppong, (2018). “Human Resource Management Transfer Challenges Within Multinational Firms.”
5.Vlachos, J., 2004. Do Regulatory Similarities Increase International Portfolio Holdings?
6.Zhang, N., Ji, L., Li, Y., 2017. Cultural Differences in Opportunity Cost Consideration.
7.Kaur, G., Singh, R., & Majumdar, S., 2019. Outsourcing and Offshoring Decisions: Joint decisions on outsourcing and offshoring, integrated with approaches like fuzzy-MCDM, help firms select the right suppliers and optimize total costs, achieving strategic goals of efficiency, exploration, and exploitation.
8.Pai, S., Banerji, K., Garza-Reyes, J.A., Lim, M., & , V., 2013. Evaluating Low Cost Countries (LCCs): Companies assess various factors to select LCCs for manufacturing operations, ranking countries like Taiwan, India, and China as top choices based on cost-effectiveness and other strategic advantages.
ECONOMY. RIGHT. SOCIETY
GUO Weishao
bachelor of the 4th course (Design, construction and operation of pipeline transport systems) of the National Research University “I. M. Gubkin Russian State University of Oil and Gas»
KRIVCHUN Natalya Arkadjevna
Ph.D. in technical sciences, associate professor of Applied mechanics sub-faculty of the Tyumen Industrial University
ECONOMIC ASSESSMENT OF MAINTENANCE AND CONSTRUCTION OF OIL AND GAS PIPELINES
Economic assessment of the maintenance and construction of oil and gas pipelines is a key stage in the design, maintenance and construction of facilities in the oil and gas industry. The object of research is the oil and gas industry. The subject of the study is an economic assessment model. The purpose of the study is to identify features and a step-by-step algorithm for economic assessment of the maintenance and construction of oil and gas pipelines. The article highlights the features of the oil and gas industry as a type of economic activity. A step-by-step process for economic assessment of the maintenance and construction of oil and gas pipelines is presented. An economic assessment of oil and gas exploration, production and refining operations, drilling and capital investment costs, production rates and operating expenses is presented. In the context of oil and gas projects, the economic assessment of oil and gas pipeline maintenance and construction provides the basis for making investment decisions and understanding the connecting stakeholder perspectives to ensure shared participation and positive financial outcomes.
Keywords: oil and gas industry, capital investments, economic model, investment project, economic scenario.
Article bibliography
1. Sokolov V. A. Digital economy of Russia and its application in the oil and gas industry of the country // Sustainable development of science and education. – 2019. – No. 5. – P. 58-62. – EDN SLZINZ.
2. Rykova I. N., Taburov D. Yu. Conceptual approaches to the definition mechanism of state financing of the real sector of the economy (on the example of the electric power and oil and gas industries) // Bulletin of Tver State University. Series: Economics and Management. – 2018. – No. 1. – P. 14-24. – EDN YWMKMY.
3. Nesterova E. V., Zhulanov E. E. Improving the risk management system of an oil and gas enterprise based on industry factors // Master’s Journal. – 2018. – No. 2. – P. 73-80. – EDN YUCXSX.
ECONOMY. RIGHT. SOCIETY
SHVETSOVA Kseniya Andreevna
Ph.D. in economical sciences, associate professor of Organization of financial, economic, logistical and medical support sub-faculty of the Academy of Management of the MIA of Russia
A MODERN APPROACH TO FORECLOSURE ON ELECTRONIC AND NON-CASH FUNDS
The article discusses the specifics of foreclosure by the enforcement authorities of the Russian Federation on the funds of a debtor-citizen. The author analyzes the legislation governing electronic money and payment systems, and also points out the advantages and disadvantages of non-cash payments. Special attention is paid to debt collection issues, including electronic money, and cases of unlawful imposition of sanctions without the knowledge of debtors.
Keywords: foreclosure, debt collection, the debtor, enforcement proceedings, compulsory execution, collection write-off, cash, electronic money, electronic payment systems, the national payment system, non-cash payments.
Article bibliography
1. Afanasyev S. F., Isaenkova O. V., Borisova V. F., Filimonova M. V. Enforcement proceedings: textbook and practical training for universities / Edited by S. F. Afanasyev, O. V. Isaenkova. – 5th ed., revised and add. – Moscow: Yurait Publishing House, 2024. – 397 p.
ECONOMY. RIGHT. SOCIETY
SAENKO Alexey Nikolaevich
junior researcher of the Institute of Africa of the Russian Academy of Sciences
FINANCING STRUCTURAL TRANSFORMATION IN AFRICA AS A FACTOR OF ECONOMIC DEVELOPMENT
The article considers such a sector of the economy as financing with the help of multilateral financial institutions and organizations. The emphasis is placed on the fact that over the past decades, multilateral financial institutions, both collectively and individually, have played a vital role in financing the economy and its development. They provided support to countries in solving major global economic problems, such as the Latin American crisis. As a result, the work identifies the role of financing in terms of supporting and strengthening economic recovery efforts in Africa, ensuring a global response during the crisis. As examples, the suspension of debt servicing on the debt crisis settlement initiative is considered, where the total allocation of a special loan amounted to the equivalent of 650 billion dollars. This measure was necessary to alleviate the financial and balance of payments problems faced by several developing countries, including Africa. The problems were mostly related to the consequences of the pandemic. While the global financial architecture (abbreviated GFA) has provided great assistance in recent decades, it has nevertheless failed to provide sufficient resources to meet Africa’s financial needs for structural transformation.
Keywords: financing, financial institutions, economy, development factors, recovery.
Article bibliography
1. Abramova I. O . Africa in the modern model of world order: a significant player or an outsider? // Contours of global transformations: politics, economics, law. – 2018. – V. 11. No. 5. – P. 6-21.
2. Fituni L. L. Science, technology and innovation in Africa: stereotypes, realities, prospects Asia and Africa today. – M., 2021. – P. 15-24.
3. African Development Bank. 2023. Climate Change and Green Growth Strategic Framework. Operationalising Africa’s Voice – Action Plan 2021–2025. Abidjan. Climate Change and Green Growth Strategic Frame-work: Operationalising Africa’s Voice – Action Plan 2021-2025.
4. African Development Bank Group – Making a Difference (afdb.org).
5. African Development Bank. n.d. Appraisal, Implementation Progress reports of selected projects. [Electronic resource ]. – Access mode: https://projectsportal.afdb.org/dataporta.
6. African Development Bank. Project Completion Reports of selected projects. [Electronic resource]. – Access mode: [Electronic resource]. – Available at: www.afdb.org/en/search/content/Completion%20repor.
7. Christiaensen, L. & Martin, W. 2018. Five new insights on how agriculture can help reduce poverty. World Bank blog. 26 July 2018.
8. CIAT, ICRISAT & BFS/USAID. 2020b. Climate-Smart Agriculture in Nigeria. CSA Country Profiles for Africa Series. Washington, D.C. 28 pp.
9. FAO, ECA (United Nations Economic Commission for Africa) & AUC (African Union Commission). 2021. Africa – Regional Overview of Food Security and Nutrition 2021: Statistics and trends. Accra, FAO. https://doi.org/10.4060/cb7496en.
10. Private Sector Development Strategy 2021 – 2025. [Electronic resource] . – Access mode: https://www.afdb.org/en/documents/private-sector-development-strategy-2021-2025 (yesthat appeal: 07/07/2024).
ECONOMY. RIGHT. SOCIETY
TAI Lihong
bachelor of the 4th year of the Institute of Industrial Management, Economics and Trade of the Peter the Great St. Petersburg Polytechnic University
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
GLOBAL ASSESSMENTS OF THE FINANCIAL POSITION OF COMPANIES IN THE CONTEXT OF GEOPOLITICAL TENSIONS
Geopolitical instability and tension have significantly influenced the formation of the modern financial landscape, changing the rules and content of global economic relations and the economic state of economic entities. The object of research is the global financial system. The subject of the study is the financial situation of an economic entity. The purpose of the study is a theoretical analysis of the global financial position of companies in conditions of geopolitical tensions within the framework of the changed financial landscape in the modern world. The article concludes that current political events are having a significant impact on geopolitical prospects, increasing the likelihood of serious escalation of conflicts in the coming year. Obviously, geopolitics has become a complex interweaving of alliances and rivalries with numerous bilateral, regional and other types of institutional groupings, which increases the likelihood of geopolitical risks throughout the year, with both negative and positive consequences for the international financial system
Keywords: geopolitics, global financial system, world trade, geopolitical instability, financial landscape.
Article bibliography
1. Stefanova N.A., Korolev A. A. Instability of the US Economy as a Driver of the New Global Financial Crisis // Fundamentals of Economics, Management and Law. – 2023. – No. 3 (38). – P. 52-57. – DOI 10.51608/23058641_2023_3_52. – EDN RCRMVJ.
2. Itakura K. Evaluating the impact of the US–China trade war // Asian Economic Policy Review. – 2020. – Vol. 15. No. 1. – P. 77-93.
3. Ford S. The New Cold War with China and Russia: Same as the Old Cold War? //Case W. Res. J . Int’l L. – 2023. – Vol. 55. – P. 423.
4. Gviliya N. A. The Impact of Economic Sanctions on the Configuration and Functioning of Corporate Supply Chains // Bulletin of the South Ural State University. Series: Economy and Management. – 2014. – Vol. 8. No. 4. – P. 164-168. – EDN TCSQEP.
ECONOMY. RIGHT. SOCIETY
SUN Xiangguo
Bachelor of the 4th year, specialty “Economy International economic relations and foreign economic activity” of the Patrice Lumumba Peoples’ Friendship University of Russia
KOVROV Vladimir Fedorovich
Ph.D. in sociological sciences, associate professor of sociology and youth work sub-faculty of the Ufa University of Science and Technology
ECONOMIC CONSEQUENCES OF POPULATION AGING FOR SOCIETY IN RUSSIA
Currently, countries with aging populations and stagnating economies are exploring various strategies for adapting to demographic changes and negative changes in the labor market, which determines the relevance of this study. The object of research is the national economy of Russia. The subject of the study is demographic economics. The purpose of the study is to highlight, using scientific theoretical methods of analysis, the economic consequences of the population aging for society in Russia. The article highlights the economic and social causes and consequences of population aging in Russia, which are comprehensively represented by various groups of negative factors. It concludes that as developed economies age over the next 15 years, it remains uncertain whether immigration will be able to fill the workforce gaps created by aging populations, or whether countries will have to generally adapt to changing demographics. These problems can create economic strain, especially when it means that a smaller proportion of the total population must bear a significant share of the costs of the social safety net.
Keywords: demographic economics, labor economics , population aging, productivity, pensions.
Article bibliographic list
1. Dakhnovskaya E. A., Allenykh M. A. Demographic aging of the population of Russia: essence, causes, consequences // Global transformation and sustainability of the economy of modern Russia: Collection of articles from the international scientific and practical conference, Sochi, October 5-8, 2022 / Edited by X.A. Konstantinidi, V. V. Sorokozherdyeva, N. V. Agazaryan. – Moscow: ANO “Research Institute for History, Economics and Law”, 2022. – P. 86-90. – EDN GZJAAL.
2. Gontmakher E. Sh. The Problem of Population Aging in Russia // Japan: Economy and Society in an Ocean of Problems / Institute of Oriental Studies of the Russian Academy of Sciences; Association of Japanologists; Japan Foundation. – Moscow: Vostochnaya Literatura, 2012. – P. 194-206. – EDN UDUIBH.
3. Bukher S. Modern Trends of Population Aging in Russia // Bulletin of the Russian Academy of Sciences. – 2016. – Vol. 86. No. 3. – P. 215. – DOI 10.7868/S0869587316030051. – EDN VRZQKZ.
4. Analysis of the activities of the organization in the hospitality sector: Textbook / A. Yu. Kretova, A. L. Skifskaya, L. L. Pavlova, O. V. Ustinova. – Tyumen: Tyumen Industrial University, 2022. – 161 p. – ISBN 978-5-9961-2903-4. – EDN PLJULU.
5. Fomenko E. I. Formation and training of personnel at the regional level // Discussion. – 2024. – No. 5 (126). – P. 205-212. – DOI 10.46320/2077-7639-2024-5-126-205-212. – EDN DDISAS.
6. Sharin V. I., Shuklina E. A. Personnel reserve of the enterprise in the conditions of labor resource shortage // Human Progress. – 2024. – Vol. 10. No. 3. – P. 15. – DOI 10.34709/IM.1103.15. – EDN JNYLYI.
PHILOSOPHY. LAW. SOCIETY
DAVYDENKO Marina Vyacheslavovna
Ph.D. in philosophical sciences, associate professor of Humanitarian sciences sub-faculty of the Moscow International University
THE PROBLEM OF ARTISTRY IN THE PHILOSOPHICAL AND AESTHETIC VIEWS OF A. BELY
The article examines the features of the philosophical and aesthetic views of A. Bely, in particular, the problem of the essence of artistry, considered by the thinker in a number of philosophical essays and articles. The lack of knowledge of this aspect of A. Bely’s philosophy of art actualizes the problems presented in the article. The author reveals the essence of A. Bely’s views on artistic value, principles and parameters of artistic assessment, which is, a number of criteria on the basis of which, within the framework of the philosopher’s concept, art should be judged.
Keywords: artistry, artistic value, criteria of artistry, theurgic aesthetics, artistic assessment.
Article bibliography
1. Kurochkina L. Ya. Development of aesthetic theory in Russia in the late 19th – first third of the 20th century (the problem of the subject, method and structure of aesthetic science): abstract of a dissertation for the degree of Doctor of Philosophy: 09.00.04. – M., 1998. – P. 9.
2. Khrenov N. A. Culture in the era of social chaos. – M.: Editorial URSS, 2002. – P. 215.
3. Berdyaev N. A. Russian spiritual renaissance of the early 20th century and the journal “Put'”: towards the decade of the path // Berdyaev N. A. Philosophy
4. Bychkov V. V. Russian theurgic aesthetics. – M.: Ladomir, 2007. – P. 8.
5. Kozhurin A. Ya. On the typology of religious aestheticism (K. N. Leontiev and P. A. Florensky) // “Vestnik of St. Petersburg State University”. – 2014. – Series 17. Issue 2. – P. 123.
6. Davydenko M. V., Cherednikova A. Yu. The problem of artistry in the philosophical and aesthetic views of P. A. Florensky. // Intelligentsia and the World. – 2023. – No. 1. – P. 79.
7. Matsar M. Art and theurgy. Vladimir Solovyov on the artistic as a special quality // Solovyov studies = Solov’evskie issledovaniya = Solovyov studies: Periodic collection of scientific works / Ed. board: M. V. Maksimov, A. P. Kozyrev, M. I. Nenashev, et al. – Issue 14. / Federal Agency for Education. – Ivanovo: Ivanovo State Power Engineering University named after V. I. Lenin, 2007. – P. 105.
8. Sugai L. And the shining arabesques shine. / Bely A. Symbolism as a worldview / Comp., introduction and notes by L. A. Sugai. – M.: Republic, 1994. – 888 p. – P. 24.
9. Bely A. Symbolism as a Worldview / Comp., introduction and notes by L. A. Sugai. – M.: Republic, 1994. – 888 p.
PHILOSOPHY. LAW. SOCIETY
IVANOVA Evgeniya Vladimirovna
Ph.D. in philosophical sciences, professor of Ontology and theory of knowledge sub-faculty of the First President of Russia B. N. Yeltsin Ural Federal University, Yekaterinburg
SVIRIDOVA Olga Vladimirovna
magister student of the 2nd year of training in “religious studies” of the First President of Russia B. N. Yeltsin Ural Federal University, Yekaterinburg
MODERN CONCEPTS OF S PIRITUALITY: THE ASPECT OF SPIRITUAL SELF-DETERMINATION OF A PERSON WITHIN THE FRAMEWORK OF TRADITIONAL RUSSIAN VALUES
The article considers the vectors of understanding spirituality in modern religious studies proposed by the Ural philosopher and religious scholar D.V. Pivovarov: cosmocentric, sociocentric, egocentric. The features of each of themhave been identified. Various approaches to understanding the spiritual self-determination of a person within the framework of these vectors of spirituality are analyzed, the author’s understanding of spiritual self-determination in the context of traditional Russian values is given. The article invites discussions on understanding the very concept of “spirituality,” the place of this concept among traditional Russian values.
Keywords: religion, spirituality, spiritual self-determination, traditional Russian values, sociocentric spirituality, cosmocentric spirituality, egocentric spirituality.
Article bibliography
1. Berdyaev N. A. Existential dialectic of the divine and human. – Moscow: Direct-Media, 2019. – 219 p.
2. Vaayman K. Spirituality. Forms, principles, approaches. Volume I / Translated from the Dutch (Series “Dialogue”). – Moscow: BBI, 2009. – 590 p.
3. Ivanova E. V., Melnikova E. V. D. V. Pivovarov: discussions about the concept of spirituality // Civility. Patriotism. Culture. Religion: collective monograph / Under the general editorship and compilation by A. A. Lisenkova, M. G. Pismanik and A. A. Subbotina; Perm. state in-t of culture. – 2023. – P. 189-190.
4. Kierkegaard S. The Unhappy One. Collected Works. – Moscow: Biblical and Theological Institute of St. Andrew the Apostle, 2011. – 368 p.
5. Orekhanov Georgy, archpriest. Spirituality: discourse and reality / G. Orekhanov, K. A. Kolkunova. – Moscow: Publishing house of PSTGU, 2017. – 152 p.
6. Pivovarov D. V. Sociocentric religions: monograph; Ministry of Education and Science of the Russian Federation, Ural. federal University. – Ekaterinburg: Publishing house of the Ural. University, 2015. – 140 p.
7. Soloviev V. S. Spiritual foundations of life. Philosophical principles of integral knowledge // B. S. Soloviev. Selected works. – Rostov-on-Don: Phoenix, 1998. – 544 p.
PHILOSOPHY. LAW. SOCIETY
ITKULOVA Leysyan Akhmetovna
Ph.D. in philosophical sciences, professor, Head of Philosophy and cultural studies sub-faculty of the Higher School of Philosophy and Sociology of the Institute of Humanitarian and Social Sciences of the Ufa University of Sciences and Technologies
VALIULLINA Zaynab Rahimyanovna
Ph.D. in philosophical sciences, associate professor of Philosophy and cultural studies sub-faculty of the Higher School of Philosophy and Sociology of the Institute of Humanitarian and Social Sciences of the Ufa University of Sciences and Technologies
PUSHKAREVA Marina Alexeevna
Ph.D. in philosophical sciences, professor of Philosophy and cultural studies sub-faculty of the Higher School of Philosophy and Sociology of the Institute of Humanitarian and Social Sciences of the Ufa University of Sciences and Technologies
THE ULTIMATE FOUNDATIONS OF THINKING AND CULTURE
The work explores the ultimate or final foundations of thinking and culture, the understanding of which is key to the analysis of human existence and social development. These foundations can be considered as fundamental principles that underlie all forms of human activity and interaction, defining ways of understanding the world and organizing social life. Life pulsates in every moment and, due to this circumstance, gives rise to creative consciousness, language and speech. The purity of a person’s thoughts, his ability to analyze the contradictions of existence is the basis of thinking. Needs, interests and motives for activity lie at the foundation of thinking and culture. A person must work creatively; after all, work forces you to think and act according to the “laws of beauty”. Creative spiritual work is the final foundation of human thought and action.
Keywords: thinking, culture, self-awareness, creativity, work, interaction between «I» and “not-I”.
Bibliographic list of articles
1. Bloch E. Tübingen Introduction to Philosophy / Translated from German by T. Yu. Bystrova, S. E. Vershinina, D. I. Kriushova. Ekaterinburg: Ural University Press, 1997. 400 p.
2. Valiullina Z. R., Lukyanov A. V., Pushkareva M. A. Spiritual value of the culture of dialogue of cultures // The culture of dialogue of cultures in a globalizing world: Collective monograph. M.: “Canon+” RROI “Rehabilitation”, 2022. 520 p.
3. Itkulova L. A. Worldview of the Bashkir Ethnos: Philosophical and Anthropological Analysis: Monograph. Ufa: RIC BashSU. 2011. 232 p.
4. Kudryashev A. F. Unity of Sciences: Foundations and Prospects. Sverdlovsk: Publishing House of the Ural. University, 1988. 184 p.
5. Kuno Fischer. Hegel. His Life, Works and Teachings. First Half-Volume. M.-L., 1933. 611 p.
6. Marx to Pavel Annenkov, December 28, 1846 // K. Marx and F. Engels. Works. Second ed. State Publishing House of Political Culture. Moscow, 1962. Pp. 401-412.
7. Rakhmatullina Z. Ya. The world is based on culture: interview with a doctor of philosophical sciences, professor, deputy of the State Duma of the FederalAssembly of the Russian Federation of the 6th and 7th convocations, Chairperson of the Council of the Assembly of the Peoples of Bashkortostan Zugura Yaganurovna Rakhmatullina // Eurasian Law Journal. 2019. No. 12 (139). P. 12-21.
8. Schelling F. V. J. The System of World Epochs: Munich Lectures of 1827-1828 as Recorded by Ernst Laso. Tomsk: Vodolay Publishing House, 1999. 320 p.
PHILOSOPHY. LAW. SOCIETY
KOCHESOKOV Robert Khazhismelovich
Ph.D. in philosophical sciences, professor, Head of Philosophy sub-faculty of the Kh. M. Berbekov Kabardino-Balkarian State University, Nalchik
BIZHEVA Agnessa Petrovna
Ph.D. in philosophical sciences, senior lecturer of Philosophy sub-faculty of the Kh. M. Berbekov Kabardino-Balkarian State University, Nalchik
KULTURBAEVA Lyubov Machrailovna
Ph.D. in philosophical sciences, senior lecturer of Philosophy sub-faculty of the Kh. M. Berbekov Kabardino-Balkarian State University, Nalchik
THE MECHANISM OF THE TRANSFORMATION OF SOVIET POLITICAL ELITE
The article reveals the mechanism of the transformation of a significant part of the Soviet political elite. It is noted that the Soviet political elite (the nomenklatura) initially had a dual nature: on the one hand, it viewed itself as managers called upon to implement the will of the people, but, on the other hand, it became the ruling class. Under these conditions, two groups gradually formed within it: one sought to become a “real” ruling class, while the other sought to limit itself to performing managerial functions. The balance of power between these groups was not constant. With the strengthening of the role of the political elite, the number and influence of the first group increases. It is noted that the change in the balance of power within the political elite occurs along two trajectories. The first trajectory is “natural”, i.e. demographic changes, namely, the coming to power of new generations of managers. The second trajectory of the transformation of the ruling elite (the nomenklatura) is associated with the inevitable strengthening of the role of politics-technologists, who are called upon to ensure the stable functioning of the political system but are incapable of the necessary and timely socio-political changes. The result is the coming to power of the first group of politicians.
Keywords: political elite, nomenklatura, perestroika, political consciousness, class, stratum, political views.
Article bibliographic list
1. Voslensky M. S. Nomenklatura. The Ruling Class of the Soviet Union. – M.: “Soviet Russia” in collaboration with MP “October”, 1991. – 624 p.
2. Gorbachev M. S. Life and Reforms / Mikhail Gorbachev. – In two books. – M.: Publishing House “Novosti”, 1995.
3. Djilas M. The Face of Totalitarianism. – Translated from Serbo-Croatian. – M.: Novosti Publishing House, 1992. – 544 p.
4. Zinoviev A. A. About Stalin and Stalinism. Name of the Century // Zinoviev A. A. Crossroads. [Electronic resource]. – Access mode: https: // 4italka.su›dokumentalnaya_literatura_main/… (date of access – 15.07.2023).
5. Kochesokov R. Kh., Bizheva A. P., Kulturbaeva L. M. Logic of the evolution of political elites // Eurasian Law Journal. – 2023. – No. 1 (176). – P. 476-477.
6. Kochesokov R. Kh., Bizheva A. P., Kulturbaeva L. M. Typology of political elites // Eurasian Law Journal. – 2023. – No. 3 (178). – P. 485-489.
7. Kochesokov R. Kh., Kulturbaeva L. M. Nomenclature as a marginal class // Peer-reviewed scientific journal “Trends in the Development of Science and Education”. – 2024. – No. 109. May (Part 6). – Publ. Scientific Center “LJournal”. – Samara, 2024. – 176 p. – P. 156-160.
8. Mokhov V. P. “Betrayal of the elites” as a social phenomenon in discussions about the collapse of the USSR // Theory and practice of social development: Scientific journal: Scientific Journal. – 2015. – No. 18. – P. 222-227. [Electronic resource]. – Access mode: http://www.cyberleninka.ru›Scientific articles›n/predatelstvo-elit-kak… (date accessed: 06.04. 2024).
9. Nikolaev A. N. Formation and transformation of the Soviet technocratic elite // Bulletin of PNIPU. Culture. History. Philosophy. Law. – 2018. – No. 2. – P. 83-95.
10. Oleynik B., Pavlov V., Ryzhkov N. Judas. Anatomy of Gorbachev’s betrayal. – M .: Eksmo, 2010.
11. Pikhoya R. G. How power was exchanged for property // Sociological sciences. – 2011. – № 8. – P. 5-11.
12. Shkaratan O. I., Figatner Yu. Yu. Old and new masters of Russia. (From power relations to ownership) // Mir Rossii. – 1992. – Vol. 1. № 1. – P. 67-90.
13. Yakovlev A. N. Omuty of memory. – M.: Vagrius, 2000. – 604 p.
PHILOSOPHY. LAW. SOCIETY
KUZMENKO Alexander Anatoljevich
Ph.D. in biological sciences, associate professor of Computer technologies and systems sub-faculty of the Bryansk State Technical University
ON THE QUESTION OF DEFINING THE SOCIO-PHILOSOPHICAL MEANING OF THE CONCEPT OF “ERGODESIGN” IN THE CONTEXT OF SOCIO-TECHNOLOGICAL DEVELOPMENT
The article highlights approaches to defining the concept of ergodesign as a young design discipline. The study analyzed a database of 520 domestic scientific publications dedicated to ergodesign over the past 30 years. Based on the studied approaches to the definition of the concept of ergodesign, groups reflecting the general, particular and singular are identified. As a result, a new definition is proposed, reflecting the features of the design of the living environment in the context of socio-technological and natural development of the world. They emphasize the importance of integrating various scientific and practical methodologies with a sociotechnological approach, which makes it possible to integrate mutually beneficial and harmonious interaction between society, the technosphere and the biosphere by means of ergodesign. The purpose of the study is to conduct a philosophical analysis of the concept of ergodesign. The results obtained emphasize the need to expand the approaches and methodologies of ergodesign in the context of socio-technological development of the world.
Keywords : ergodesign, environment, vital activity, socio-technogenic development of the world.
Article bibliography
1. Arkhipova, A. A. Innovative aspects of architectural and design solutions youth complexes // Modern directions of development of higher education: Collective monograph / Editors-in-chief A. Yu. Nagornova, T. B. Mikheeva. – Ulyanovsk: IP Kenshenskaya Victoria Valerievna (Zebra publishing house), 2019. – P. 427-437.– EDN GKHZLP.
2. Mikhailov S. M., Pavlovskaya E. E., Magazannik V. D., Zankovsky A. N. Aspects of industrial design development in Russia // Successes of modern science. – 2016. – T. 1. No. 6. – P. 111-114. – EDN WHMUNZ.
3. Barsukova N. I. On the issue of universals in artistic and design activities // Ergodesign. – 2021. – No. 1 (11). – P. 49-56. – DOI 10.30987/2658-4026-2021-1-49-56. – EDN PXDLAE.
4. Glushchenko V. V. Design thinking as a new way of innovation in traditional industries // Modern scientific research and innovation. – 2022. – No. 12 (141). – EDN CWSXRJ.
5. Glushchenko V. V. Development of the national ecosystem of higher professional education and mentoring in the period of the digital economy // International research journal. – 2022. – No. 7 -3 (121). – P. 85-95. – DOI 10.23670/IRJ.2022.121.7.092. – EDN KJDALC.
6. Golubeva I. E., Galanina O. V. Modeling of ergodesign of electrical appliances // Problems of Energy and nature management. issues of life safety and ecology: collection of materials of the international scientific and practical conference, Bryansk, September 22-23, 2010 / Under the general editorship of Markaryants L. M. – Bryansk: Publishing House of Bryansk State Agricultural Academy, 2010. – P. 74-76. – EDN VUKNRD .
7. Golubchikova A. V., Movshovich P. M. Modern ergodesign in adaptive sewing products for children with disabilities // Project culture and quality of life. – 2015. – No. 1. – P. 182-201 . – EDN YTZOAG.
8. Zadesenets E. E., Chaynova L. D., Yablokova E. A. Acmeological approach to training specialists in the field of ergodesign through the system of additional education // Acmeology. – 2007. – No. 1 (21). – P. 44-50. – EDN PXMQUD.
9. Zarakovsky G. M. Design of the functional structure of the user’s activity of products: role in design, methodology // Design Review. – 2008. – No. 1-2. – P. 6-14. – EDN NDHROP.
10. Zubok E. V. The role of somatographic analysis in design engineering // Vestnik SIMBiP. – 2016. – No. 1. – P. . 46-55. – EDN XRJCFX.
11. Kantaryuk, M. V. The role of ergonomics in the design of the production environment // Student community and modern science: materials of the All-Russian scientific and practical conference of students, graduate students and young scientists, Yelets, April 08, 2021. Volume Issue 7. – Yelets: Yelets State University named after I. A. Bunin, 2021. – P. 450-454. – EDN MOSMYN.
12. Klyuchnikova V. M., Roshchupkina D. V., Kostyleva V. V. Quantitative assessment of conditional developments of the lateral surface of the pads // Design and technology. – 2018. – No. 65 (107). – P. 36-39. – EDN YLVIWT.
13. Kuvshinova G. A. Reorganization of the system of higher professional education in the field of design (70-90s of the XX century) // Science and innovation – modern concepts: Collection of scientific articles based on the results of the International Scientific Forum , Moscow, November 16, 2023. – Moscow: OOO Infiniti, 2023. – P. 48-53. – DOI 10.34660/INF.2023.86.91.261. – EDN WKWZNU.
14. Kuzmenko A. A. Philosophical Understanding the formation of the phenomenon of ergonomics and the principles of ergonomic design (ergodesign) of tools during the period of collective society // Eurasian Law Journal. – 2023. – No. 10 (185). – P. 381-384.r> 15. Kumashkova A. A., Terekhova N. Yu., Kolegov A. A. [et al.] Ergodesign as a semantically conditioned integration of design and ergonomics // The Future of Mechanical Engineering in Russia 2022: collection of reports. XV All-Russian Conference of Young Scientists and Specialists (with international participation), Moscow, September 21–24, 2022. Vol. 1. – Moscow: Bauman Moscow State Technical University Publishing House, 2023. – Pp. 284–288. – EDN KCTLYL.
16. Nazarova S. A., Gorbunova S. I., Zakharchuk M. G. Ergonomic Support for Environmental Design of Residential Premises // IrSTU Youth Bulletin. – 2020. – Vol. 10. No. 2. – Pp. 25–30. – EDN NVHMPP.
17. Rykova E. S., Lysenko A. A., Konareva Yu. S. Bionics as an ergodesign tool // Ergodesign as an innovative technology for designing products and subject-spatial environment: inclusive aspect: Collection of scientific papers. Volume Part 2. – Moscow: Federal State Budgetary Educational Institution of Higher Education “A. N. Kosygin Russian State University (Technologies. Design. Art)”, 2019. – P. 47-52. – EDN PIUQRZ.
18. Ryabov O. R. Anti-criminal design of the subject-spatial environment of the city // Vestnik VEGU. – 2014. – No. 1 (69). – P. 97-100. – EDN RVOPEX.
19. Solovieva N. N., Larina E. A. Ergodesign – an innovative direction in design // Music and art education: experience, traditions, innovations: collection of scientific articles, Cheboksary, October 14, 2016. Volume Issue 1. – Cheboksary: Chuvash State Pedagogical University named after I. Ya. Yakovlev, 2016. – P. 19-22. – EDN XFEFEX.
20. Chainova L. D., Nazarova K. A., Chainov V. I. The concept of functional comfort of a working person – a theoretical basis for modern ergodesign // Bulletin of the Russian State University for the Humanities. Series: Psychology. Pedagogy. Education. – 2015. – No. 1 (144). – P. 125-133. – EDN VNVNTR.
21. Chainova L. D. Ergonomics in solving the problems of humanization of the urban environment // Design Review. – 2012. – No. 1-2. – P. 11-22. – EDN PHGWTP.
22. Kukushkina V. A., Kantaryuk E. A., Kantaryuk M. V., Kiselev E. A. Ergodesign in socio-cultural design // Development of personal creativity in a modern multicultural space: collection of materials from the International scientific and practical conference, Yelets, April 25, 2019 / Ed. M. V. Klimova and V. A. Maltseva. – Yelets: Yelets State University named after I. A. Bunin, 2019. – P. 457-460. – EDN GYZAZT.
23. Dekker, Hancock, Wilkin 2013 – Dekker, S. W., Hancock, P. A., & Wilkin, P. Ergonomics and sustainability: towards an embrace of complexity and emergence // Ergonomics, 2013. – No. 56 (3). – P. 357-364.
24. Garcı´a-Acosta, Saravia, Romero, Lange-Morales 2014 – Garcı´a-Acosta, G., Saravia M. H., P. Romero A., and Lange-Morales K. “Ergoecology: Fundamentals of a New Interdisciplinary Field.” // Theoretical Issues in Ergonomics Science, 2014. – No. 15 (2). – P. 111-133. doi:10.1080/1463922X.2012.678909.
25. Thatcher, Garcı´a-Acosta, Lange-Morale 2013 – Thatcher, A., Garcı´a-Acosta G., and Lange-Morales K. “Design Principles for Green Ergonomics.” In Contemporary Ergonomics and Human Factors, edited by M. Anderson. – London: Taylor & Francis, 2013. – P. 319-326.
26. Wilkin 2010 – Wilkin, P. The ideology of ergonomics // Theoretical Issues in Ergonomics Science, 2010. – No. 11 (3). – P. 230-244.
27. Zink 2014 – Zink, K. J. Designing sustainable work systems: the need for a systems approach. Applied Ergonomics, 2014. – No. 45 (1). – P. 126-132.
PHILOSOPHY. RIGHT. SOCIETY
MAGARAMOV Magarram Dzhabrailovich
Ph.D. in philosophical sciences, professor, leading researcher of the Regional Center for Ethnopolitical Research (RCEI) of the Dagestan Federal Research Center (DFIC) of the Russian Academy of Sciences (RAS), Makhachkala
VELIEV Omar Velikhanovich
Ph.D. in philosophical sciences, associate professor of Philosophy sub-faculty of the Dagestan State University, Makhachkala
KARAEV Isravil Ibadullakhovich
competitor for the academic degree of Ph.D. in sociological sciences
FROM NATIONAL DEVELOPMENT GOALS TO THE IDEA OF THE SAFE EXISTENCE OF RUSSIAN SOCIETY AND THE STATE
Using dialectical methodology, the principle of ascending from the abstract to the concrete, an attempt has been made to succinctly analyze the goals and objectives of the development of the main spheres of life of Russian society and the state for the period up to 2036. This work was carried out based on the current Decree of the President of the Russian Federation dated 07/05/2024, which allows us to take our country to a completely new height in consonance with the process of ensuring the security of Russian society and the state.
Keywords: national development goals, economic structure of people, support for family, motherhood and childhood, R&D, venture technologies and their imp.lementation in the production process, training, retraining and advanced training of workers, improving the living standards of fellow citizens, ensuring the security of society and the state, etc.
Article bibliographic list
1. Decree of the President of the Russian Federation dated May 7, 2024 «On the national development goals of the Russian Federation for the period until 2030 and for the future until 2036» // Rossiyskaya Gazeta. 2024. May 7.
Article bibliographic list
1. Decree of the President of the Russian Federation dated May 7, 2024 «On the national development goals of the Russian Federation for the period until 2030 and for the future until 2036» // Rossiyskaya Gazeta. 2024. May 7.
PHILOSOPHY. RIGHT. SOCIETY
POZDYAEVA Svetlana Mikhaylovna
Ph.D. in philosophical sciences, professor, professor of Philosophy and cultural studies sub-faculty of the Higher School of Philosophy and Sociology Institute of Humanities and Social Sciences of the Ufa University of Science and Technology
TRENDS AND DIRECTIONS OF INSTABILITY IN MODERN SOCIETY: ANALYSIS OF IMPACT ON THE HUMAN IN THE 21ST CENTURY
The article is dedicated to the study of social changes that affect a person in the 21st century. It analyzes such trends and directions of social development as: globalization, challenges of digital society, transformation of human activity, revival of myth-making, changes in the social structure, formation of risk-oriented consciousness. The author comes to the conclusion that it is necessary to take into account the social consequences of these trends, since ignoring them can lead to even greater instability in the life of both an individual and society as a whole.
Keywords: unstable society, development trends, globalization, informatization, myth-making, social structure, risk.
Article bibliography
1. Algin A. P. Risk and its role in social life. – Moscow: Mysl, 1989. – 187 p.
2. Bauman Z. Liquid modernity. – St. Petersburg: Piter, 2008. – 238 p.
3. Beck. U. Risk society. Towards Another Modernity / Translated from German by V. Sedelnik and N. Fedorova; Afterword by A. Filippov. – M .: Progress-Tradition, 2000. – P. 105.
4. Bresler M. G. Production activity of the cognitariat of generation Z // Modern socio-humanitarian technologies, traditions and innovations: collection C56 of materials of the All-Russian scientific and practical conference (Ufa, November 16-23, 2023) / Ed. N. M. Lavrenyuk-Isaeva. – Ufa: RIC UUNiT, 2023. – 258 p.
5. Zabralova O. S. Crisis of the welfare state: causes and ways out // Bulletin of the O. E. Kutafin University (MSAL). – 2022. – No. (8). – P. 39-45.
6. Zinnatullina Yu. Sh., Pozdyaeva S. M. Myth-making in Russia. – Ufa: RIC BashSU, 2016. – 152 p.
7. Inozemtsev V. L. Split civilization: Systemic crises of the industrial era // Questions of philosophy. – 1999. – No. 5. – P. 3-18.
8. Kemerov V. E. Introduction to social philosophy. – M .: Academic Project, 2001. – 316 p.
9. Mozgovaya A. V. Adaptation strategies to various types of risks // Sociological science and social practice. – 2020. – Vol. 8. No. 3. – P. 32-46.
10. Peccei A. Human qualities. – M.: Progress Publishing House, 1980. – 302 p.
11. Pozdyaeva S. M. Russia as a Social State: Myth or Reality? // On the Eternal and the Transient: Collection of Scientific Articles. Issue 11 / Ed. R. Kh. Lukmanova. – Ufa: BashSU RIC, 2020. – 88 p.
12. Ryazantsev S. and Ryazantsev N. Migration of “Digital Nomads”: Global Trends and Positions of Countries // World Economy and International Relations. – 2024. – Vol. 68. No. 2. – Pp. 116-126.
PHILOSOPHY. LAW. SOCIETY
TUARMENSKIY Vladimir Viktorovich
Ph.D. in pedagogical sciences, associate professor of Philosophy and history sub-faculty of the Academy of Law and Management of the FPS of Russia in Ryazan
PECHERSKIY Daniil Vadimovich
student of the Institute of Training of State and Municipal Employees of the Academy of Law and Management of the FPS of Russia in Ryazan
MURADOV Raul Firdovsievich
student of the Institute of Training State and Municipal Employees of the Academy of Law and Management of the FPS of Russia in Ryazan
AFANASJEV Egor Vyacheslavovich
student of the Institute of Training of State and Municipal Employees of the Academy of Law and Management of the FPS of Russia in Ryazan
THE LEGAL THESAURUS OF PENITENTIARY HERMENEUTICS: A THEORETICAL AND METHODO-LOGICAL STUDY
The presented research is determined by the author’s approach to the construction of an innovative type of legal hermeneutics – penitentiary. In the context of the article, the au-thors compiled a conceptual construction using a theoretical and methodological tool, and also identified a set of ways to interpret the penitentiary hermeneutics. As a result, it was possible to propose a new branch of the epistemological apparatus of philosophical and legal thought, which has a specific departmental (penitentiary) orientation. In the course of pre-senting the material, the authors of the study came to the conclusion that penitentiary her-meneutics is individualized only in the context of a terminological equipment, and from the standpoint of methodology, it is equivalent to the general and legal theory of interpretation. Therefore, the methods of interpretation of penitentiary hermeneutics require reformatting within the framework of a unique methodological system.
Keywords: methodology, penitentiary hermeneutics, legal thesaurus.
Article bibliographic list
1. Schleiermacher Fr. Werke: Auswahl in vier Bänden. Bd. 4. – B., 1911.
2. Gulik A. G. Theoretical and legal analysis of the features of hermeneutics in criminal-executive law // Bulletin of the Kuzbass Institute. – 2017. – No. 4 (33). – P. 34-38.
3. Alekseev S. S. Law: ABC – Theory – Philosophy. Experience of a comprehensive study. – M.: Statut, 1999. – 712 p.
4. Aristotle. On Interpretation // Aristotle . Works in 4 volumes, Vol. 2. – M.: Mysl. 1978. – P. 91-116.
5. Gadamer H.-G. Truth and Method: Foundations of Philosophical Hermeneutics: Trans. from German / General ed. and introduction by B. N. Bessonov. – M.: Progress, 1988. – 704 p.
6. Syrykh V. M. Hermeneutic circle as a methodological dead end // Modern research methods in jurisprudence / Ed. . N. I. Matuzova, A. V. Malko. – Saratov, 2007. – 560 p.
7. Malinova I. P. Philosophy of Law and Legal Hermeneutics: monograph. – Ekaterinburg, 2017. – 200 p. .
8. Schleiermacher F. Hermeneutics. – St. Petersburg: “European House”. 2004. – 242 p.
PHILOSOPHY. RIGHT. SOCIETY
CHUDINA-SHMIDT Natalya Vitaljevna
Ph.D. in philosophical sciences, associate professor of Humanitarian and social-economic disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, Simferopol
PECULIARITIES OF BEHAVIOR OF AN EXTREME SUBJECT IN CRISIS, EMERGENCY AND EXTREME SITUATIONS
The article defines an extreme subject as a person prone to displaying social activity of both positive and negative vectors, analyzes the types of extreme subjects, and discusses the peculiarities of the behavior of an extreme subject in different situations that may happen to him: crisis, emergency and extreme. An understanding is given that, depending on the type of extreme subject and the situation he is faced with, the form and type of behavior will have cardinal features both at the level of intrapersonal existence and at the level of external social behavior.
Keywords: extreme subject, crisis, emergency, extreme situation, behavior, reaction, action.
Article bibliography
1. Gostushina A. V. Man in extreme situation. – M.: Armada-press, 2001 – 382 p.
2. Kovaleva A. I. Socialization of personality: norm and deviation. – M.: Publishing house “Norma”, 1996. – 223 p.
3. Konopleva A. A. Communicative space of contemporary art // Scientific notes of the V. I. Vernadsky Tauride National University. – 2013. – V. 26. No. 4 (65). – P. 233-238.
4. Konopleva A. A. Radical manifestations in culture // In the collection: theoretical and practical issues of science in the 21st century. Collection of articles International scientific and practical conference. Editor-in-chief: Sukiasyan A. A. – 2015. – P. 109-111.
5. Krasikov V. I. Extreme: Interdisciplinary philosophical study of the causes, forms and patterns of extremist consciousness. – M. : Vodolay Publishers, 2006. – 496 p.
6. Sundiev I. Yu. Extreme and extremism of modern Russia. [Electronic resource]. – Access mode: www.dynacom.ru/content/articles/374
7. Chudina N. V. Homo extremality – a man of the XXI century // Scientific notes of the Tauride National University named after V. I. Vernadsky. – 2014. – T. 27. No. 1-2 (66). – P. 99-104.
8. Chudina-Schmidt N. V. The influence of extreme sportsmen on the development of modern society // Historical, philosophical, political and legal sciences, cultural studies and art criticism. Theoretical and Practical Issues. – 2016. – No. 4-2 (66). – P. 212-214
9. Chudina-Schmidt N.V. Extreme Manifestations as a Problem of Modern Society // Eurasian Law Journal. – 2018. – No. 9 (124). – pp. 493-495.
PHILOSOPHY. RIGHT. SOCIETY
SHAKHMAMEDOV Karim Anvarovich
master of Islamic Law, Ph.D. candidate of the Bulgarian Islamic Academy
THE ROLE OF THE ISLAMIC CONCEPT IN THE PRESERVATION OF THE FAMILY AND THE FAMILY TREE
The modern approach to thefamily often sees it as a link in the chain of reproduction and culture rather than as an end in itself. With this approach, the importance of the family as the primary institution for the reproduction of generations can be significantly reduced. Moreover, in the current context, it is clear that the rapid development of technology does not always benefit the family. For the first time in history, we began to discuss posthumanism as a natural consequence of the “end of man” philosophy, the increasing dominance of machines, and the assertion that the world would be a better place without people. Such research continues the philosophy of the “ends”, making the preservation of man an urgent scientific necessity. This work focuses on the Islamic concept of the family as the main institution for the preservation of the human race and the reproduction of generations.
Keywords: family, person, Islam, genus, preservation.
Bibliographical list of articles
1. ‘Ala ad-Din, Abu Bakr al-Kasani. Badai’ al-Sanai’ fi tartiib al-Shara’i’. Dar al-Kutub al-‘Ilmiyya. – Ed.: 1. 1327 – 1328
2. Abd an-Nasir Toufik al-‘Attar. Ta’addud az-zawjat min an-nawahi ad-diniya wa-l-ijtima’iya wa-l-qanuniya, 1972. – 360 pp.
3. Abu ‘Isa at-Tirmidhi. Al-Jami‘ al-Kabir “Sunan at-Tirmidhi”. – Gift of ar-Risala al-‘Alamiya. al-tab’a: al-ulya, 2009
4. Abu Daud at-Tayalsi. Musnad Abi Daoud at-Tayalsi. Gift of Hijr. – Misr. at-tab’a: al-ulya, 1999
5. Abu Ja’far Muhammad ibn Jarir at-Tabari. Jami’ al-Bayan ‘an Ta’wil Ayy al-Quran. Dar Hijr, al-Qahira, Misr, (1), 1422 AH. – 2001 m. (in Arabic)
6. Abu Ishak Ibrahim al-Shatibiy. Al-Muafakat. – Dar Ibn Affan, ed. 1, 1997.
7. Az-Zubaidi Abu al-‘Abbas Ahmad ibn ‘Abd
al-Latif. Mukhtasar Sahih al-Bukhari. In 2 volumes / Az-Zubaydi. – Almaty: TOO “Kausar-sayakhat”, 2013. II volume – P. 160-161.
8. Antonova A. I. Sociology of the family: textbook / Ed. by prof. . – 2nd ed., corrected. – Moscow: INFRA-M, 2023. – 637 p.
9. Ahmad Abu al-Qasim Ahmad. Mawdu’ an-nasab fi ash-shari’a wa al-qanun . Dar al-Qalam li-an-nashr. – Al-Kuwait. 1983. – 522 p.
10. Zhilinskaya M. S., Ivanova E. A. The influence of family education on the process of formation of Russian civil identity in children // Psychological health and personality development in the modern world: Proceedings of the II All-Russian (with international participation) of the scientific and practical conference, Blagoveshchensk, November 25-26, 2021. – Blagoveshchensk: Amur State University, 2022. – P. 277-283.
11. Ibn Ashur, Muhammad at-Tahir. Maqasid ash-Shari’ and al-Islamiyya. Wazarat al-Awqaf wa-sh-Shuun al-Islamiyya, Qatar, 2004
12. Ibn Ashur, Muhammad at-Tahir. Tahrir al-Ma’ani as-Sadid wa-Tanvir al-‘Aklil-Jadid min Tafsir al-Kitab al-Majid. ad-Dar at-Tunisiyya lil-Nashr, 1984.
13. Nemov R. S. Psychology : in 3 books. – 4th ed. – M.: Humanitarian publishing center VLADOS, 2003. – Book 1: General foundations of psychology. – 688 p.
14. Objectives of Sharia: (a guide for beginners) / Jasser ‘Auda; trans., notes and introduction by K. Gasimova; International Institute of Islamic Thought, IDRAK Public Society. – M.: Publ. Marjani House, 2015. – 192 p.
15. Bukhalova N. A. Synergetic approach to the study of family transformation // ANI: pedagogy and psychology. – 2016. – No. 3 (16). – P. 336-339. (336-337). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sinergeticheskiy-podhod-k-issledovaniyu-transformatsii-semi (date of access: 05/22/2024).
16. Vereshchagina A. V., Samygin S. I. Crisis of the traditional family and alternatives for the development of the family institution in Russia: theoretical analysis from the standpoint of the synergetic paradigm // IVD. – 2014. – No. 3. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/krizis-traditsionnoy-semi-i-alternativy-razvitiya-instituta-semi-v-rossii-teoreticheskiy-analiz-s-pozitsiy-sinergeticheskoy-paradigmy-1 ( access date: 15.05.2024).
PHILOSOPHY. LAW. SOCIETY
AKIMOVA Dariya Sergeevna
postgraduate student of Philosophy sub-faculty of the Faculty of History, Philosophy and Law of the Omsk State Pedagogical University
VARIANTS OF THE EXISTENCE OF THE DESIRED COUNTRY IN THE ETHNOGRAPHY OF THE SLAVS
Desired countries and cities are of interest to study in the philosophy of culture, because they contain knowledge accumulated over many centuries, as well as folklore and mythology. These places also have a legendary foundation that makes them unique and attractive to researchers of mythological knowledge, which was subsequently lost. Magical texts are focused on the direct impact and preservation of the ritual principle, including certain movements and the use of objects. The fairy tale has preserved sacred information about sacred cities, magical places, but has undergone a transformation. The article hypothesizes that ancient people lived in a sacred landscape, or near places that elevated them above everyday life and show us their developed spiritual culture, as well as confirmed the natural science knowledge of their ancestors. They comprehended the depth of human interaction with the forces of nature and the cosmos. After the adoption of Christianity, the descendants moved to temples built on the site of old temples, and received new saints with the functions of pagan gods. The temple also has a certain canonical structure and reflects the Kingdom of God on Earth. Sacred otherness is perceived as the achievement of an enlightened spiritual state and absolute righteousness. Staying in this state, hidden from view, is an important component of the legends of the Kitezh saints. Mysterious rituals such as burning candles, ringing bells, prayer singing and divine services conducted according to ancient charters are sacred signs and symbols of the transcendental mystery.
Keywords: the desired country, ethnography, Slavic ethnography , mythical cities, fairy tales, far away kingdom, conspiracies, rituals, places of power, magic.
Article bibliography
1. Anikin V. P. Folklore as a collective creativity of the people. Russian folklore. Anthology on folklore. – M.: Higher school, 2023.
2. Budge E. W. Legends of the Egyptian gods. – M.: Refl-book; K.: “Vakler”, 2022.
3. The Great Soviet Encyclopedia / Edited by A. M. Prokhorov. – M.: Soviet Encyclopedia, 1974. – T. 1.
4. Gamzatova P. R. Other-being space in the systems of traditional culture and art (universal model, cognitive aspects) // Traditional Culture. – 2017. – No. 1 .
5. Grechishnikov S. E. Magic as a socio-cultural phenomenon. – Kaluga: GUP “Oblizdat”, 1999.
6. Grigorenko A. Yu. All areas of magic. – M.: Sovetskaya Rossiya, 1987.
7. Levi-Strauss K. Primitive thinking. – M.: TERRA-Book Club, Republic, 1999.
8. Lotman Yu. M. History and typology of Russian culture. – SPb.: Art of St. Petersburg., 2002. Lotman Yu. M. Semiotics of Culture // Works. Article: in 3 volumes. – Tallinn: Alexandra, 1992. – Volume 1.
9. Malinovsky B. A . Magic, Science and Religion. – M.: Refl-book, 1998.
10. Naidysh V. M. The Devil’s Advocate. On the 150th Anniversary of John Fraser / Man. – 2004. – No. 5.
11 . Petrov A. V. Evolution of magic on the way to mastering it by Platonic philosophy // Materials and research. to the history of Platonism. – St. Petersburg, 2000. – v. 3.
12. Tokarev S. A. Early forms of religion.- M.: Politizdat, 1990.
13. Fraser J. The Golden Bough. – M.: Refil-book, 1995.
14. Eliade M. The Myth of Eternal Return. – M.: Ladomir, 2000.
References
1. Anikin, V.P. Folklore as collective creativity of the people. Russian folklore. Reader on folklore. – M.: Higher School, 2003.
2. Budge E. U. Legends of the Egyptian gods. – M.: Refl-book; K.: “Vakler, 1997.
3. Eliade, M. The myth of eternal return. – M.: Ladomir, 2000.
4. Frazer James. The Golden Bough. – M.: Refil-book , 1995.
5. Gamzatova P. R. Inobytiynoe space in the traditional culture and art systems (universal model, the cognitive aspects) // Traditional Culture – 2007. – No. 1.
6. Great Soviet Encyclopedia / Ed. A. M. Prokhorov. – M.: Soviet Encyclopedia, 1974. – T. 1.
7. Grechishnikov, S.E. Magic as a sociocultural phenomenon. – Kaluga: SUE Oblizdat, 1999.
8. Grigorenko, A.Y. magic. – M.: Soviet Russia, 1987.
9. Levi-Strauss C. primitive thinking. – M.: TERRA-Book Club, Republic, 1999.
10. Lotman Y. M. The history and typology of Russian culture. – St.: The Art of St. Petersburg., 2002.
11. Malinowski B. A. Magic, science and religion. – M.: Refl-book, 1998.
12. Naydysh, V.M. Devil’s Advocate. The 150th anniversary of John Fraser / Man. – 2004. – No. 5.
13. Petrov A. V. Evolution of magic on the road to mastering its Platonic philosophy // Materials and research. On the history of Platonism. – St., 2000. – Vol. 3.
14. Tokarev S. A. Early forms of religion. – M.: Politizdat, 1990.
PHILOSOPHY. RIGHT. SOCIETY
DYACHENKO Andrey Nikolaevich
postgraduate student of the Transbaikal State University, Chita
SOCIAL AND PHILOSOPHICAL FEATURES OF INTERGROUP RELATIONS The article analyzes the essence of intergroup relations from the position of social philosophy and formulates the concept of “intergroup relations”. The features of social stereotypes that arise among members of one small group relative to another have been identified, which can lead to the emergence of unjustified aggression due to the existence of negative stereotypes. The article concluded that some stereotypes may be false or erroneous due to a lack of information, which leads to negative consequences affecting intergroup relations. The article also draws conclusions regarding the characteristics of social surfing and its importancefor the formation of intergroup relations, including highlighting the negative consequences of social surfing.
Keywords: intergroup relations, social stereotypes, aggression in intergroup relations, personal mobility, social surfing.
Article bibliography
1 Buber M. You and I. – M.: Penguin, 2023. – 100 p.
2 Verzhibok G. V. Social surfing as an indicator of probing the value sphere and mentality of young people // Social and psychological problems of mentality/mentality. – 2021. – No. 17. – P. 32-41.
3 Giddens E. The structure of society: An essay on the theory of structurization. – M.: Academic project, 2003.
4 Grishina N. V. Psychology of conflict. – SPb.: Piter, 2001. – 464 p.
5 Kamalova O. M. Stereotypes and Stereotype Formation in Interpersonal and Intergroup Relations // Psychology and Psychotechnics. – 2023. – No. 1.
6 Lippman U. Public Opinion / Translated into English by T. V. Barchunov; edited by K. A. Levinson, K. V. Petrenko. – M.: Institute of the Public Opinion Foundation, 2014. – 384 p.
7 Logvinov I. N., Sarychev S. V., Logvinova M. I., Logvinova T. I. Social and Psychological Approaches to the Study of Youth Subcultures in Russia // Scientific Notes. – 2014. – No. 2 (30). – P. 97-106.
8 Stefanenko T. G. Ethnopsychology. – M.: Institute of Psychology of the Russian Academy of Sciences, 1999. – 320 p.
9 Subbotina N. D. The concept of “social”, “asocial”, “antisocial” // Philosophical sciences. – 2016. – No. 11. – P. 108-121.
10 Trusevich N. E. Intergroup positional contradictions and conflicts in organizational structures of management of printing enterprises // Proceedings of BSTU. – 2013. – No. 8. – P. 55-58.
11 Filioglo L. D. Presentative aspect of the activities of youth initiative groups in the social environment // Azimuth of scientific research: pedagogy and psychology. – 2014. – No. 4. – P. 128-131.
12 Hollicher V. Man and aggression. Z. Freud and K. Lorenz in the light of Marxism. – M.: Progress, 1975. – 131 p.
13 Yangirova S. M. Social stereotypes as a mechanism of the identification process // Social and humanitarian knowledge. – 2011. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sotsialnye-stereotipy-kak-mehanizm-protsessa-identifikatsii.
14 Miller N. E. The frustration-aggression hypothesis // Psychological Review. – 1941. – No. 48. – R. 337-342.
15 Tajfel N. Social categoriazation, Social identity and Social // Comparison / Differentiation between Social groups. – London. 1978. – P. 146-156.
PHILOSOPHY. RIGHT. SOCIETY
KLYUCHKOVA Elena Yurjevna
competitor of UNESCO sub-faculty of the Institute of Public Administration and Management of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation, lecturer of Musical sound engineering sub-faculty of the Moscow Financial and Industrial University “Synergy”
PHILOSOPHICAL REFLECTION ON THE FORMATION OF A IMAGE IN THE ACTIVITY OF A SOUND ENGINEER
The article examines the specifics of the application of the concept of “sound image” in sound engineering by means of philosophical reflection. The purpose of the analysis is to identify the peculiarities of the transformation of the concept of “image” and the formation of the concept of “sound image” in audiovisual works characteristic of screen arts. Understanding the process of formation and development of the sound image included consideration of the positions of philosophers in historical retrospect.
Keywords: image, creativity, sound image, sound, sound engineering, sound engineering activity, audiovisual product.
Article bibliography
1. Gostev A. A. The figurative sphere of man in the cognition and experience of spiritual meanings. – M.: Institute of Psychology of the Russian Academy of Sciences, 2001. – 189 p.
2. Mochalova I. N. Plato’s doctrine of ideas in the context of early academic discussions // Platonic collection I. Supplement to the Bulletin of the Russian Christian Humanitarian Academy. – 2013. – Vol. 14. – P. 207-230.
3. Plato. The State / Plato. Works in four volumes // Under the general editorship. A. F. Losev and V. F. Asmus; Transl. from ancient Greek. – SPb.: Publishing house of St. Petersburg University; “Oleg Abyshko Publishing House”, 2007. – Vol. 3. Part 1. – Pp. 97-493. – ISBN 978-5-903525-06-5.
4. Plato. Sophist / Plato. Works in four volumes // Under the general editorship of A. F. Losev and V. F. Asmus; Transl. from ancient Greek. – SPb.: Publishing house of St. Petersburg University; “Oleg Abyshko Publishing House”, 2007. – Vol. 2. – Pp. 329-412. – ISBN 978-5-9900890-4-4.
5. Kugler P. Mental images as a bridge between subject and object // Cambridge handbook of analytical psychology. – Moscow: Dobrosvet, 2000. – P. 113-135.
6. Solso R. Cognitive psychology. – 6th ed. – St. Petersburg: Piter, 2006. – 589 p: ill. – (Series “Masters of Psychology”). ISBN 5-94723-182-4
7. Kondrashin P. K. Notes of a sound engineer // The birth of a sound image: (Artistic problems of sound recording inscreen arts and on the radio) / Comp. E. M. Averbakh. – M.: Art, 1985. – P. 137-152.
8. Korganov T., Frolov I. Cinema and Music: Music in Film Drama [Text]. – M.: Art, 1964. – 352 p.
9. Ioffe I. I. Music of Soviet Cinema [Text]: Fundamentals of Musical Drama. – Leningrad: State Musical Institute, 1938. – 168 p., 9 incl. p. ill.: notes.
10. Nazaikinsky E. V. On the Psychology of Musical Perception [Text]. – M.: Music, 1972. – 384 pp.
PHILOSOPHY. RIGHT. SOCIETY
LATYPOVA Aigul Robertovna
competitor of Philosophy and cultural studies sub-faculty of the Higher School of Philosophy and Sociology Institute of Humanities and Social Sciences of the Ufa University of Science and Technology
THE SPIRITUAL PREREQUISITES OF PEOPLE’S ORGANIZATIONAL ACTIVITY
The article analyzes the spiritual prerequisites of organizational activity of people, the ultimate foundations of this activity. Based on the study of uneven development in the technical basis and superstructure of the social system, the author sets the goal of considering the foundations of organizational activity, its interests and motives. The novelty of the presented work consists in substantiating the thesis, according to which the orientation of the social system towards the formation of spiritual existence makes it possible to strengthen the elastic structure of social and historical time, and thereby overcome the emotional burnout of people. The orientation of society towards spiritual and intellectual work makes it possible to form the cultural component of life in the organizational activity itself, strengthen the harmony between human thought and action, and increase the role of creative spiritual work in public life.
Keywords: the spiritual prerequisites of organizational activity, the idea of limiting bases, uneven development of the base and superstructure, spiritual existence, dialectics, elastic time structure, spiritual work, harmony between thought and action.
Article bibliography
1. Lukyanov A. V., Pushkareva M. A., Bikmetov E. Yu., Valiullina Z. R., Vychuzhanova L. K. Dialectics as a metaphysics of the future in the context of considering the idea of \u200b\u200bthe “I” // Eurasian Law Journal. – 2022. – No. 3 (166). – P. 504-507.
2. Bloch E. Tübingen Introduction to Philosophy / Translated from German by T. Yu. Bystrova, S. E. Vershinina, D. I. Kriushova. – Ekaterinburg: Ural University Press, 1997. – 400 p.
3. Kant I. Critique of Pure Reason. Translated from German by N. Lossky, verified and edited by Ts. G. Arzakanyan and M. I. Itkin; Note by Ts. G. Arzakanyan. – M.: Mysl, 1994. – 591 p.
4. Girndt H. Girndt H. The “I” Whose Concepts Are the Generalizations of the Social Sciences in the History of the Social Sciences from 1804 // Fichte-Studien. Bd. 10/ Amsterdam – Atlanta, Ga, 1997. S. 324.
5. Merton R. Social Theory and Social Structure. – M.: ACT: ACT Moscow: Khranitel, 2006. – 873 p.
6. Fedotova V. G. Good Society. – M.: Progress – Tradition, 2005. – 544 p.
7. Bikmetov E. Yu., Lukyanov A. V., Sokolov V. M. The problem of finding a path to a new transcendental metaphysics of man // Personality. Culture. Society. – 2021. – Vol. 23. No. 1-2 (109-110). – P. 135-143.
8. Bikmetov E. Yu., Lukyanov A. V., Pushkareva M. A., Knowledge as a condition of external and internal freedom of man // KANT. – 2018. – No. 2 (27). – P. 164-167.
9. Micocci A. The Metaphysics of Capitalism. – Lexington Books, 2009. – 263 p.
10. Kucuradi and R. S. Cohen (1995). In: the concept of Knowledge: the Ankara Seminar. Ed. By Kuçuradi, I., Cohen, R. S. Boston Studies in the Philosophy of Science. Vol. 170.
11. Fukuyama F. The End of History? // Questions of Philosophy. – 1990. – No. 3. – P. 134.
12. Rakhmatullina Z. Ya. The world is based on culture // Eurasian Law Journal. – 2019. – No. 12 (139). – P. 12-21.
13. Fichte I. G. Works in two volumes. Vol. 1. / Comp. and notes by Vl. Volzhsky. – SPb.: Mithril, 1993. – 687 p.
14. Nikolai Kuzansky. Works in 2 volumes. Vol. 1. Translation / General editor and introduction. article 3. A. Tazhurizina. – M.: Mysl, 1979. – 488 p.
PHILOSOPHY. LAW. SOCIETY
LIU Libing
magister student of the Belarusian State University
THE IDEOLOGICAL DYNAMICS AND INFLUENCE OF INFORMATION DISSEMINATION IN THE CONTEXT OF GLOBALIZATION
The rapid advancement of information technology and the advent of globalization have significantly transformed the dynamic dynamics and influence of information dissemination. This paper explores the multifaceted impact of globalized information flow on societies, cultures, and individual ideologies. It delves into the role of digital media platforms in shaping public opinion, the emergence of echo chambers and filter bubbles, and the consequent polarization of societal views. Additionally, the study examines the strategies employed by states and non-state actors to leverage digital media for intellectual propagation and the implications for democracy and global governance. The paper also addresses the challenges posed by misinformation and disinformation in the digital age, highlighting the need for effective media literacy and regulatory frameworks to safeguard the integrity of information. Through a comprehensive analysis, this paper underscores the complex interplay between globalization, information technology, and ideological influence, offering insights into the future of information dissemination and its potential to foster more inclusive and informed global discourse.
Keywords: information dissemination, globalization, digital media, public opinion, echo chambers, filter bubbles, mental polarization.
References
1. Syahputra, I. (2019). Media Relations: Teori, strategi, praktik, dan media intelijen.
2. Indriani, I., & Eriyanto, E. (2017). Intermedia Agenda Setting Between Social Media and Newspaper on Jakarta Governor Candidates Twitter Accounts. IGCC.
3. Sefo, M. (2021). Public Opinion and how Media Form it. Journal of Media Research.
4. Doroshchuk, E. S. (2019). Communicative Strategies of Internet Media in the System of Inter-Ethnic Interaction of the Russian Region. International Research Journal.
5. Kodirov, N. M. (2020). The Effect of Globalism on the Transformation of the Information Mediaculture. International Journal of Education and Science.
6. Lebedeva, M. S. (2021). The dynamics of worldwide sociocultural transformations in the conditions of COVID-19 pandemic. Culture and Art.
7. Barlybayeva, S. (2019). Influence of New IT on Development of Information Society in Kazakhstan. Proceedings of the 18th International Conference on Computer Systems and Information Science.
8. Stephansen, H. C. (2019). Conceptualizing a distributed, multi-scalar global public sphere through activist communication practices in the World Social Forum. Global Media and Communication.
9. Kennedy, P., & Prat, A. (2017). Where Do People Get Their News? SSRN Electronic Journal.
PHILOSOPHY. RIGHT. SOCIETY
SHI Yuying
magister student of the Belarusian State University
THE IMPACT OF DIGITALIZATION ON FOREIGN NEWS COVERAGE: A PHILOSOPHICAL ANALYSIS
In recent decades, there has been an active development of digital technologies that have changed the way information is received and disseminated. The relevance of this topic is related to the need to understand the impact of these changes on the perception of foreign news. In the context of the versatility of the media, it becomes important to analyze how this affects the content and presentation of foreign news. In the context of globalization, foreign news coverage has become an important factor in shaping public opinion. The relevance of the topic lies in the study of the influence of cultural differences on the perception of news and their interpretation.
Analyzing the impact of digitalization on foreign news coverage from a philosophical point of view allows us to consider not only actual changes, but also ethical, epistemological and cultural aspects, which is a relatively innovative approach. The combination of journalism, philosophy, sociology and media studies makes the topic relevant for various scientific disciplines, which opens up new horizons for research. The topic offers the opportunity for deep self-reflection for both media professionals and the audience, which is important in the context of information overload and manipulation.
Keywords: digitalization, foreign news coverage, social media , public engagement, news.
References
1. Graves, L., & Ferrucci, P. (2016). Automated Journalism: Making News without Humans. Journalism Practice, 10(7), 1-20.
2. Montal, T., & Reich, Z. (2017). I, Robot. You, Journalist. Who is the Author? Digital Journalism, 5(7), 829-849.
3. Vyrkovsky, A., Galkina, M., Kolesnichenko, A. V., Obraztsova, A., & Vartanov, S. A. (2019). Russian newsrooms in digital era: challenges and prospects. Digital Journalism.
4. Johnston, L. (2016). Social News = Journalism Evolution? Digital Journalism.
Indriani, I., & Eriyanto, E. (2017). Intermedia Agenda Setting Between Social Media and Newspaper on Jakarta Governor Candidates Twitter Accounts.
5. Durmuş, K. (2020). The Use of Social Media-Sourced Events in Traditional News Media.
6. Portugal, R., & Aguaded, I. (2020). Competencias mediáticas y digitales, frente a la desinformación e infoxicación. Razon y Palabra, 24(108).
7. Montemayor-Rodriguez, N., & Torregrosa-Carmona, J.-F. (2023). Desinformación como reto professional delperiodismo y la documentación. Revista Latina de Comunicación Social, 10.
8. Valkanova, V., & Mikhailov, N. (2023). Digital Media and Dynamics of the Contemporary Public Sphere: Towards a Theoretical Framework. Filosofiya-Philosophy.
9. Tambini, D. (2015). Five Theses on Public Media and Digitization: From a 56-Country Study. Research Papers in Economics.
PHILOSOPHY. RIGHT. SOCIETY
TIMOSHCHUK Elena Andreevna
Ph.D. in philosophical sciences, associate professor of Social sciences and humanitarian sciences sub-faculty of the Vladimir branch of the Russian Academy National Economics and Public Administration under the President of the Russian Federation
TIMOSHCHUK Igor Alexeevich
student of the A. G. and N. G. Stoletovs Vladimir State University
ANTHROPOLOGY OF MUSIC AND THE PHENOMENOLOGY OF SOUND: CIVILIZATION TRENDS
Today, musical anthropology relies heavily on ideas of cultural diversity and opposes the traditional essentialist view of music. Global musical culture includes the achievements of all nations and regions, which feeds the postcolonial critique of Western centralism, emphasizes multicultural values, and defends the diversity of cultural identities of subjects. The use of the postmodern view of truth as “uncertainty” has expanded the possibilities for the development of the discipline itself, but also forced it to confront problems such as the blurring of disciplinary boundaries. In the process of globalization, which fully embodies postmodernity, the social environment, researchers, and musical culture itself are deeply affected by the gradual disappearance of the partiality of the original nationality. These consequences are reflected in the anthropology of music.
Keywords: musical space, anthropological landscape, symbolic space, musicology, postmodernism, musical anthropology, phenomenology of music.
Article bibliography
1. Vasiliev V. A. The linguistic turn in philosophy // Bulletin of the Moscow State Linguistic University. Humanities. – 2017. – No. 1. – P. 172-180.
2. Timoshchuk E. A. Phenomenology and dialogue of cultures // Dialogue of cultures in the context of educational activities. – Naberezhnye Chelny: NGPU, 2020. – P. 180- 183.
3. Timoshchuk I. A. Formation of secular musical culture in the Renaissance // Days of Science of Students of Vladimir State University named after A. G. and N. G. Stoletov. – Vladimir: Publishing House of VlSU, 2023. – P. 1506-1511.
4. Timoshchuk I. A. The influence of the era of Great geographical discoveries on the musical culture of the New Time // Days of Science of Students of the Vladimir State University named after A. G. and N. G. Stoletov. – Vladimir: VlGU, 2023. – P. 1515-1519.
PHILOSOPHY. RIGHT. SOCIETY
BONDARENKO Natalya Grigorjevna
Ph.D. in philosophical sciences, professor, professor of State and legal disciplines sub-faculty of the Pyatigorsk Institute (branch) of the North Caucasian Federal University
GURIN Maxim Vladimirovich
Ph.D. in philosophical sciences, associate professor of Oriental languages and cultures sub-faculty of the Pyatigorsk State University
CHIRKOVA Ekaterina Alexandrovna
assistant of Oriental languages and cultures sub-faculty of the Pyatigorsk State University
THE VALUE SYSTEM OF CHINESE SOCIETY
More than 40 years after the beginning of reforms in China, the stable process of transformation of Chinese society’s material life and diversification and complexity of spiritual life and values can be convincingly stated, and the discussion of value crises and diversification of traditional values in Chinese society has been observed. Therefore, studying the trajectory of social consciousness and the main trends in the change of values in modern China is not only of academic significance but also of practical value, helping to understand the dynamics of social thought and improve social management. The object of the study is Chinese society. The subject of the study is the values of Chinese society. The purpose of the study is to examine the state of the current social formation of Chinese values. Chinese cultural values emphasize collectivism, where the priority is given to the needs of the group rather than individual desires, which should be taken into account when building intercultural interaction for people accustomed to the Western liberal tradition of individualism.
Keywords : individualism, collectivism, social formation, spiritual values, authority of power, Confucianism.
Bibliography
1. Xiong W., Li K., Dai C. The Age of Individualization: Chinese Paradox and Resolution–The Experience of One Metropolis // Residency, Class, and Community in the Contemporary Chinese City. – Brill, 2018. – P. 39-63.
2. Sukhomlinova V. V. Alternative collectivism: Deep characteristics of traditional Chinese society // Manuscript. – 2018. – No. 9 (95). – P. 93-99. – DOI 10.30853/manuscript.2018-9.20. – EDN XYQBAT.
3. Gu X. Four decades of transition to first marriage in China: Economic reform and persisting marriage norms // International Journal of Population Studies. – 2018. – Vol. 4. No. 1. – P. 669-669.
4. Yeung W. J. J., Hu S. Paradox in marriage values and behavior in contemporary China // Chinese Journal of Sociology. – 2016. – T. 2. No. 3. – P. 447-476.
PHILOSOPHY. RIGHT. SOCIETY
BAKIROVA Zarina Khalimovna
Ph.D. in sociological sciences, associate professor of Philosophy, history and social engineering sub-faculty of the Ufa State Petroleum Technical University
ART AS AN INTEGRAL PART OF CULTURE AND THE VALUE OF SOCIETY
“Art is the right task of life. The essence of all beautiful art, of all great art, is gratitude.”
Friedrich Nietzsche
In this article we will analyze the importance of art in the life of society and its impact on people. Art occupies one of the key positions and is of great importance. It not only serves as a mirror of the culture and values of society, but also plays an active role in its evolution and transformation. Art is also an important factor in shaping personality, helping people develop a unique perception of the world around them. It contains all the emotions and moral lessons that humanity has accumulated throughout its history.
Keywords: art, art history, life, society, culture, creativity, aesthetics, education, entertainment, expression, communication, identity.
Article bibliography
1. Bakirova Z. Kh. Formation of value orientations of students of pedagogical colleges: abstract of the dissertation for the degree of candidate of sociological sciences. Ufa State Aviation Technical University. – Ufa, 2012.
2. Balatukova Z. I. The role of fiction in the education of the younger generation. — Text: direct // Young scientist. — 2015. — No. 15 (95). — P. 661-663. [Electronic resource]. – Access mode: https://moluch.ru/archive/95/21305/ (date of access: 10/12/2022).
3. Balbekina N. A., Shatalova A. Yu., Anisimova V. A. The role of fine arts in the harmonious development of the child. — Text: direct // Theory and practice of education in the modern world: materials of the IX Intern. scientific conf. (St. Petersburg, July 2016). — St. Petersburg: Svoy Publishing House, 2016. — P. 18-20. [Electronic resource]. – Access mode: https://moluch.ru/conf/ped/archive/192/10721/ (date of access: 12.10.2022).
4. Gviliya M. E., Kazanbaeva V. S., Voronova T. S. Russian art of the 20th century. – Text: direct // Young scientist. – 2016. – No. 29 (133). – P. 301-304. [Electronic resource]. – Access mode: https://moluch.ru/archive/133/37422/ (date of access: 12.10.2022).
5. Razenkov I. V. The influence of fine art on personality development. – Text: direct // Actual tasks of pedagogy: materials of the V Int. scientific conf. (Chita, April 2014). — T. 0. — Chita: Young Scientist Publishing House, 2014. — P. 171-173. [Electronic resource]. – Access mode: https://moluch.ru/conf/ped/archive/102/5358/ (date of access: 10/12/2022).
PHILOSOPHY. LAW. SOCIETY
BEGICHEVA Anastasiya Gennadievna
senior lecturer of Philosophy sub-faculty of the Russian University of Transport (Moscow State University of Railway Engineering)
TRADITION AS A SOCIO-CULTURAL PHENOMENON AND ITS PLACE IN MODERN CIVILIZATIONAL PROCESSES
The relevance of the research topic is due to the need for a socio-philosophical understanding of tradition in broad and narrow meanings.
In the era of global changes, in the period of social turbulence, the question of the importance of preserving the traditional cultural core of communicative and regulatory mechanisms is particularly acute, despite the fact that natural qualitative changes and modifications of regulatory mechanisms occur in the system of social relationships and the very orientation of the functioning of traditions is transformed.
Keywords: tradition, communicative and regulatory mechanisms, ritual, rite, custom, ceremonial.
Article bibliography
1. Bayburin A.K. Ritual in traditional culture: structural and semantic analysis of East Slavic rites. – St. Petersburg: Nauka, 1993. – 240 p.
2. Golovleva E.L. Ritual culture as a source of formation of a country’s image // Information humanitarian portal “Knowledge. Understanding. Skill”. – Cultural Studies. – 2009. – № 4.
3. Zakharova O. Yu. Secular ceremonies in Russia in the 18th – early 20th centuries. – Moscow: Tsentropoligraf, 2001. – P. 9.
4. Markaryan E. S. Key issues in the theory of cultural tradition // “Soviet Ethnography”. – 1981. – № 2. – P. 80
5. Ozhegov S. I. Dictionary of the Russian language – 2nd ed., corrected. and additional – Moscow: State Publishing House of Foreign and National Dictionaries, 1952. – 848 p.
6. Plakhov V. D. Traditions and society: an experience of philosophical and sociological research. – M.: Mysl, 1982. – 220 p.
7. Pushkareva I. M. The role of the state ceremonial of Russia in the formation of modern cultural identity // Proceedings of the International scientific and practical conference. General editors: Ch. B. Daletsky, A. Yu. Platko. – 2019. – P. 163-168.
8. Philosophical Encyclopedia / Ed. -in-chief F. V. Konstantinov. – M.: “Soviet Encyclopedia”, 1970. – Vol. 5. – P. 253.
9. Flier A. Ya. Modern cultural studies: object, subject, structure. // Social sciences and modernity. – 1997. – No. 2.
10. Yagovdik E. V. Transformations of ritual in the cultural-evolutionary process. – Belgorod, 2005. – 134 pp.
PHILOSOPHY. RIGHT. SOCIETY
DANILOV Vyacheslav Leonidovich
Ph.D. in historical sciences, associate professor of Theology, philosophy and cultural studies sub-faculty of the Faculty of History, Theology and International Relations of the F. M. Dostoevsky Omsk State University
CONTEMPORARY ISSUES IN INTERETHNIC AND INTERRELIGIOUS RELATIONS IN THE RUSSIAN FEDERATION
This article is dedicated to the analysis of contemporary issues in interethnic and interreligious relations in the Russian Federation. The paper examines the historical prerequisites for the formation of multi-confessionalism in Russia, the role of religion in shaping the country’s cultural and civilizational identity, as well as modern challenges in the sphere of interethnic and interreligious interaction. Special attention is paid to the activities of the Interreligious Council of Russia as a platform for dialogue between representatives of traditional confessions. The article also addresses the influence of mass media on shaping public opinion about religions and analyzes international experience in resolving interconfessional conflicts.
Keywords: interethnic relations, interreligious dialogue, multi-confessionalism, cultural and civilizational identity, Interreligious Council of Russia, ethno-confessional conflicts, national security.
Article bibliography
1. Arsenyev Yu. N., Minaev V. S. Development of problems of society, culture and religion in Russian regions // Public and administrative management in Russia: history and modernity, digitalization, innovation, intelligence: Proceedings of the international scientific and practical conference, Tula, June 26, 2020. – Tula: OOO Tulskiy Polygraphist 1, 2020. – P. 24-40.
2. Buttaeva A., Kakhaev A. Interfaith relations as a special type of social relations in the multicultural environment of Russia // Central Asia and the Caucasus. – 2020. – Vol. 23. No. 3. – P. 136-144.
3. Galustyan M. R. Culture of interethnic relations in the territory of the Russian Federation: current problems // Priority areas of sustainable socio-economic development of states in the context of increasing external risks: Collection of materials of the International scientific and practical conference, Kirov, November 03, 2022. – Kirov: Limited Liability Company “Avers Publishing House”, 2022. – P. 626-630.
4. Kozlov V. P. Interreligious cooperation and dialogue in the context of confessional problems // Modern social processes in the context of globalization: Collection of materials of the V International scientific and practical conference, Krasnodar, May 12, 2023. – Krasnodar: FGBOU VO “KubSTU”, 2023. – P. 275-280.
5. Melnik S. V. “National question” in interreligious dialogue // Man: image and essence. Humanitarian aspects. – 2019. – No. 2 (37). – P. 152-169.
6. Sadykova E. L. Practical aspects of the implementation of interreligious dialogue in the modern world // Theological heritage of Muslims of Russia: collection of scientific reports from conferences. II International Forum, Bolgar, October 25-30, 2020. Volume 2. – Kazan: ID “MedDoK”, 2021. – P. 222-229.
7. Sadykova E. L., Kozlov V. P. Interreligious dialogue: international and domestic aspects // International relations and society. – 2020. – V. 2. No. 1. – P. 100-106.
8. Tatura M. O., Sharafeeva D. S. The relationship of religions with the problem of interethnic relations // Interdisciplinary resources of economic psychology in the formation of ethnoregional identity and a positive image of a small homeland: Proceedings of the All-Russian scientific and practical conference with international participation, Irkutsk, June 27-30, 2019 / Editors-in-chief A. D. Karnyshev, V. A. Reshetnikov. – Irkutsk:Irkutsk State University, 2019. – P. 591-596.
9. Timofeeva E. V. Prospects for socio-cultural development and prevention of interfaith conflicts in the regions of Russia on the example of the Republic of Bashkortostan // National project “Culture” and regional cultural strategies: materials of the All-Russian scientific and practical conference (with international participation), Perm, May 13-14, 2021. – Perm: Perm State Institute of Culture, 2021. – P. 352-358.
10. Shadyev A. T. Intercultural dialogue as a factor in harmonizing interreligious relations // Oil and Gas – 2023: Abstracts of the 77th International Youth Scientific Conference, Moscow, September 11-15, 2023. Moscow: Russian State University of Oil and Gas (National Research University) named after I. M. Gubkina, 2023. – P. 624-625.
11. Sharipov A. A. Problems of interreligious dialogue between Islam and Orthodoxy in Russia // Minbar. Islamic Studies. – 2022. – Vol. 15. No. 2. – P. 394-406.
PHILOSOPHY. LAW. SOCIETY
OZERSKIY Sergey Vladimirovich
Ph.D. in physical and mathematical sciences, associate professor, associate professor of Humanitarian, socio-economic and information management technologies sub-faculty of the Samara Law Institute of the FPS of Russia
THE ROLE OF STUDENT MOTIVATION IN IMPROVING THE QUALITY OF THE EDUCATIONAL PROCESS
Traditionally, teachers, psychologists, and philosophers pay great attention to issues related to the role and importance of student motivation in the educational process. This is due to the fact that in the absence of motivation among students, it is almost impossible to achieve high learning outcomes and quality of education. In this work, the emphasis is on the motivation of schoolchildren, since it is during this period that the foundations of successful educational activities are laid after graduation. The difference and peculiarities of the external and internal motivation of younger schoolchildren and high school students, college and university students are noted.
Keywords: educational process, student, motivation, external motivation, internal motivation, interest.
Article bibliographic list
1. Popova D. V., Sergeeva B. V. Peculiarities of the formation of educational independence of younger schoolchildren // Scientific review. Pedagogical sciences. – 2017. – No. 6-1. – P. 114-122.
2. Soloviev A. A. The relationship between internal motivation and external interest in meaningful educational activity // Philosophy of education. – 2023. – Vol. 23, No. 4. – P. 77-90.
3. Zhuravleva S. V. The essence of the information and educational environment of the school // Bulletin of the Chelyabinsk State Pedagogical University. – 2017. – No. 2. – P. 19-23.
4. Polzikova N. B. Modern educational technologies // Scientific and methodological electronic journal “Concept”. – 2017. – Vol. 25. – P. 232-234.
5. Ruleva T. M. Multimedia as an assistant for increasing the cognitive activity of students // Crede Experto: transport, society, education, language. – 2014. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/multimedia-kak-pomoschnik-dlya-povysheniya-poznavatelnoy-aktivnosti-uchaschihsya (date of access: 07/29/2024).
6. Degtyareva T. N. Psychological and pedagogical sources of students’ internal educational motivation for learning and methodological principles of their application // Science, education, transport: topical issues, priorities, vectors of interaction: Proceedings of the II International scientific and methodological conference. In 3 parts, Orenburg, November 08-09, 2023. – Orenburg: Samara State University of Transport, 2023. – P. 175-179.
PHILOSOPHY. LAW. SOCIETY
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
CHARACTERISTIC FEATURES OF RUSSIAN PHILOSOPHY
The problems of modern society are in many ways similar to the early periods of the formation and development of science. The cyclical nature of development does not make it possible to assert a specific target result. The author of the article draws attention to the characteristic features of Russian philosophy. Russian Russian philosophy, despite the time periods in the history of Russian philosophy, most of the concepts have firmly entered the consciousness of the Russian people. However, under the onslaught of Western cultures, there is some transformation in worldviews. The author of the article concentrated the most vivid views of Russian philosophers, which are characteristic of modern man.
Keywords: truth, sensory experience, religious experiencence, justice, philosophy, intellectual experience, intuition, epistemology, Russian philosophy, Western philosophy.
Article bibliography
1. Kireevsky I. V. Spiritual foundations of Russian life. [Electronic resource]. – Access mode: https://azbyka.ru/otechnik/Ivan_Kireevskij/duhovnye-osnovy-russkoj-zhizni/ (accessed: 17.07.2024).
2. Lavrov P. L. Historical letters. [Electronic resource]. – Access mode: http://az.lib.ru/l/lawrow_p_l/text_1869_istoricheskie_pisma.shtml (accessed: 25.06.2024).
3. Lavrov P. L. Experience of the history of thought: T. 1. [Issue 1]. – St. Petersburg: editorial office of the journal “Knowledge”, 1875.
4. Losev A. F. Ancient space and modern science. [Electronic resource]. – Access mode: https://lib.rmvoz.ru/sites/default/files/fail/losev_aleksey_antichnyy_kosmos_i_sovremennaya_nauka.pdf (accessed: 05.05.2024).
5. Lossky N. O. Sensual, intellectual and mystical intuition (collection) / N. O. Lossky. – Moscow: Terra-Book Club, 1999. – 408 p.
6. Complete works of A.S. Khomyakov. – 3rd ed., suppl. In 8 volumes. – Moscow: Univ. type., 1886-1900.: T. 1. – 408 p.
7. Soloviev V. S. Justification of Good: Moral Philosophy / V. S. Soloviev. – Moscow: Institute of Russian Civilization, Algorithm, 2012. – 656 p.
8. Soloviev V. S. Readings on God-Manhood / V. S. Soloviev. – Moscow: Yurait, 2016. – 174 p.
9. Florensky P. Works: In 4 volumes. / Priest Pavel Florensky; [Comp. and general. editorship of Hegumen Andronicus (A. S. Trubachev) and others]. – Moscow: Mysl, Vol. 2, 1996. – 878 p.
BOOK REVIEW
EFENDIEV Oktay F.
Ph.D. in Law, professor, Baku
REVIEW TO THE MONOGRAPH OF PH.D. IN LAW FARKHUTDINOV INSUR ZABIROVICH: “THE EVOLUTION OF INTERNATIONAL LAW FROM WESTPHAL TO VERSAILLES (1648 – 1919). — MOSCOW: INFRA-M, 2024. — 484 P. — (SCIENTIFIC THOUGHT). — DOI 10.12737/2135819.
V. A. Trapeznikov:
About myself and about science
Interview with the Ph.D. in Law, Deputy General Director of Legal Affairs of the Subsidiary of PJSC NK Rosneft Trapeznikov Valeriy Anatoljevich
INTERNATIONAL LAW
ANISIMOV Igor Olegovich
Ph.D. in Law, associate professor, Head of the Law Faculty of the Diplomatic Academy of the MFA of Russia, Member of the Russian Association of International Law
GULYAEVA Elena Evgenjevna
Ph.D. in Law, associate professor of International law sub-faculty of the MFA of Russia, Member of the Russian Association of International Law
COMMON HERITAGE OF MANKIND AND WORLD HERITAGE: RELATIONSHIP OF CONCEPTS
The issues of legal regulation of the concepts of “common heritage of mankind” and “world cultural and natural heritage” have been actively discussed in science and have been the object of close attention in practice for more than a decade, but by now the context of them consideration has noticeably changed. This study focuses on the history of the emergence and development of the concept of the common heritage of mankind and the concept of world heritage. Particular attention is paid to the international legal regulation of both concepts and the analysis of their content. The article reveals the criteria and conditions for the universal value of the world heritage, gives a definition of the concepts of “common heritage of mankind” and “world cultural and natural heritage”. The authors come to the conclusion that any modifications and expansion of the scope of the concept of the common heritage of mankind can affect the approach to the concept of state sovereignty, thereby affecting the stability of the international legal order.
Keywords: common heritage of mankind, world heritage, customary international law, concept, state sovereignty, UN Sustainable Development Goals, UNESCO Convention, underwater cultural heritage, Artemis Accords, space, UN Convention on the Law of the Sea.
Bibliography
1. Actual problems of implementation of the goals of sustainable development: theory and practice. Collective monograph. Anisimov I. O., Barinova V. A., Gulyaeva E. E., Danelyan A. A., Karpovich O. G., Loginova A. D., Martirosyan A. Zh., Machnev K. E., Nechaeva Yu. S., Sidorova L. N., Timakova O. A., Shangaraev R. N. – M .: Diplomatic Academy, 2023. – 324 p.
2. Anisimov I. O. International legal regime of marine genetic resources. Current status and problems // Law and Politics. 2022. – No. 3. – P. 36-48.
3. Anisimov I. O. Underwater cultural heritage. Actual problems of international legal protection: monograph. 2nd edition. – M.: Pero, 2015. – 267 p.
4. Anisimov I. O. The relationship between the concepts of “underwater cultural heritage” and “world cultural and natural heritage” // Law and Politics. – 2014. – No. 7. – P. 996-1004. DOI: 10.7256/1811-9018.2014.7.12429
5. Anisimov I. O. International Law of the Sea. A teaching aid. – M.: Quantum Media, 2018. – 136 p.
6. Anisimov I. O., Gulyaeva E. E., Dadashov M. N. O. Formation and development of international legal protection of cultural property // Bulletin of international scientists. – 2022. – No. 1 (19). – P. 142-158.
7. Drobot V. I. D 750 The Concept of World Natural Heritage: a textbook / Maritime state University; V. I. Drobot. – Yoshkar-Ola, 2008. – 122 p.
8. International law = Völkerrecht / Wolfgang Graf Witzthum [et al.]; trans. from German, 2nd ed. / [V. Bergmann, comp.]. – M .: Infotropic Media, 2015. – 1072 p.
9. Formation of a modern international legal concept of space exploration and use: monograph / A. Ya. Kapustin, V. R. Avkhadeev, A. A. Golovina [et al.]; ed. A. Ya. Kapustin. – M.: Institute of Legislation and Comparative Law under the Government of the Russian Federation: INFRA-M, 2021. – 264 p. – DOI 10.12737/1241334.
10. Yastrebova A. Yu., Anisimov I. O. International legal foundations for the protection of cultural objects // Law and Management. XXI century. – 2023. – Vol. 19. No. 4 (69). – P. 54-62.
11. Yastrebova A. Yu., Gulyaeva E. E. The right to health in the system of international legal protection of human rights at the universal and regional levels // Moscow Journal of International Law. – 2021. – No. 2. – P. 99-121. – DOI 10.24833/0869-0049-2021-2-99-121. – EDN JSPISW.
12. Gulyaeva E. E., Anisimov I. O. The common heritage of mankind and the world heritage: correlation of concepts. Suprema – Revista de Estudos Constitucionais, Distrito Federal, Brasil, v. 2, n. 2, p. 27–49, 2022. DOI: 10.53798/suprema.2022.v2.n2.a185.
13. Jean Buttigieg, The Human Genome as Common Heritage of Mankind. Studies in Medical Philosophy, vol. 2. Ibidem Press, 2018. 280 p.
14. Print国社会科》 2018 第 5 期 (Zhang Hui: Community of Human Fate: Contemporary development of the basic theory of society in international law, Chinese social science, 2018, Issue 5).
15. Anisimov I. O., Gulyaeva E. E. Promoting the Development and Transfer of Marine Technologies as a Mechanism for Implementing the Sustainable Development Goals: International Legal Aspect. Revista Opinio Juridica. – 2021. – Pp. 184-201.
16. Danelyan A. A., Gulyaeva E. E. The right to a healthy and favorable environment in the practice of the European Court of Human Rights. International Legal Courier. – 2021. – No. 2. – pp. 9-23.
INTERNATIONAL LAW
JAMALDINOVA Aymiza Uvaisovna
chief specialist of organizational and legal support of the activity of the courts of the Russian Federation on the RD
THE CONFLICT BETWEEN ISRAEL AND PALESTINE IS A CONFRONTATION BETWEEN TWO COUNTRIES
After World War I and the collapse of the Ottoman Empire, Britain received a mandate to govern Palestine. The Balfour Declaration of 1917, in which the UK declared its support for the establishment of a “national house” for the Jewish people in Palestine, only exacerbated Arab discontent. The British authorities’ attempts to balance the interests of both sides failed and provoked a wave of unrest and violence in the region.
The establishment of the state of Israel in 1948 was a turning point in the history of the conflict. The Arab-Israeli wars, mass displacement of people and the formation of various national movements have only deepened the split between the two peoples. The problems of the uncontrolled territories, the right to return of refugees, security issues and mutual claims are still unresolved.
The escalation of the conflict in October 2023 is likely to be due to several factors, including internal political crises, economic difficulties and geopolitical changes in the region. The intensification of mutual attacks and the declaration of new military operations only contribute to an escalation of violence and an increase in civilian casualties. In this context, the international community faces the difficult task of finding a peaceful solution to a long-standing conflict that still remains a painful wound on the body of the Middle East.
Keywords: conflict, Palestine, Israel, history, League of Nations, anti-Semitism, peaceful settlement.
Article bibliography
1. Abu-Laban Y., Bakan A.B. Israel, Palestine and the Politics of Race. Exploring Identity and Power in a Global Context. – London: I.B. Tauris Publ., 2020. – 341 p.
2. Vavilov A. I. Countries of the Middle East. Problems and Prospects of Development. – M.: Moscow State Linguistic University, 2012. – 234 p.
3. Vasiliev A. M. Russia in the Near and Middle East: from messianism to pragmatism. – M., 1993. – 123 p.
INTERNATIONAL LAW
EGOROV Andrey Mikhaylovich
Ph.D. in historical sciences, associate professor, associate professor of State and legal disciplines sub-faculty of the Pskov branch of the St. Petersburg University of the FPS of Russia
EGOROV Igor Andreevich
junior researcher of the research laboratory “Center for Comprehensive Study of Regional Security Problems” of the Pskov State University
SECURITY AND PEACEMAKING IN AFRICAN UNION INTEGRATION MECHANISMS
The article explores the still insufficiently comprehensively studied international legal mechanisms for establishing and developing integration ties in the member countries of the African Union. The author paid special attention to the problem of improving and functioning of the relevant institutions of the latter – including those related to ensuring African security and peacekeeping as a prerequisite for stabilizing the African continent, which is necessary for its further integration.
Keywords: integration process, regional conflict, peacekeeping, stabilization, security architecture, defense policy.
Article bibliography
1. Current problems of regional security in modern Asia and Africa / Ed. V. N. Kolotov. – St. Petersburg: Faculty of Oriental Studies, St. Petersburg State University, 2013. – 779 p.
2. Africa: Political Development and the Army / Ed. T. S. Denisova. – M. : Institute for African Studies, Russian Academy of Sciences, 2020. – 378 p.
3. Troyansky M. G., Karpovich O. G., Sidorov G. M., Shangaraev I. V. Africa: regional security issues: monograph. – M.: Diplomatic Academy of the Ministry of Foreign Affairs of Russia, 2022. – 266 p. .
4. Egorov A. M., Egorov I. A. Administrative structure and management system of the British colonies in the West Indies // Historical Bulletin. – 2021. – V. 4. No. 2.– P. 117-122.
5. Egorov AM, Egorov IA Studying the experience of the Anglo-Boer War (1899-1902) on the eve of World War II: causes and conclusions // The Anglo-Boer War of 1899-1902: experience and research prospects. – Coll. monograph. – M.: Institute for African Studies, Russian Academy of Sciences, 2023. – P. 134-155.
6. Egorov AM, Egorov IA Problems of coalition peacekeeping activities on the African continent // Africa – the rising center of the emerging multipolar world. – Collection of articles / Ed. S. N. Volkov, T. L. Deich, O. V. Konstantinova. – M.: Institute for African Studies, Russian Academy of Sciences, 2024. – P. 85-94.
7. Zverev P. G. Police peacekeeping and international humanitarian law. – Ufa: Aeterna, – 2014. – 368 p.
8. Kioko B. The right to intervene in accordance with the Constitutive Act of the African Union // International Journal of the Red Cross. Collection of articles. – 2003. – P. 407-427.
9. Conflicts in Africa: problems of settlement, peacekeeping (round table) // World Economy and International Relations. – 2019. – Vol. 63. No. 10. – P. 116-121.
10. Kostyunina G. M. Integration processes in Africa: history and current stage // Russian Foreign Economic Bulletin. – 2016. – No. 4. – P. 34-50.
11. Medushevsky N. A. Peacekeeping operations under the leadership of African countries // Power. – 2021. – No. 3. – P. 312-315.
12. International legal problems of African countries. – M.: Nauka, 1989. – 287 p.
13. Romadan L. I., Shagalov V. A. UN and AU cooperation in conflict prevention, peacekeeping and peacebuilding // Bulletin of MGIMO University. – 2015. – No. 6 (45). – P. 174-181.
14. Svechnikova, S. V. Integration processes in the modern world / S. V. Svechnikova // Eurasian Union of Scientists. – 2016. – No. 31. – pp. 11-13.
INTERNATIONAL LAW
KICHENINA Viktoriya Sergeevna
Ph.D. in Law, associate professor, Head of International legal disciplines sub-faculty of the V. B. Bobkov St. Petersburg branch of the Russian Customs Academy
DIRECTIONS OF DEVELOPMENT OF SPACE POLICY OF INDIA, CHINA AND THE RUSSIAN FEDERATION IN THE FIELD OF SPACE RESOURCES USE
The article analyzes the space programs of India, China and the Russian Federation and the positions of states regarding the use of space resources. It is indicated that these countries are also actively developing the commercial use of space. This includes the launch of space satellites, the provision of space services and the development of new technologies for commercial use, but they take different positions regarding the use of space resources. Taking into account the analysis, it is concluded that each of the States considers it possible and confirms the need to use space resources. But such activities should be based on compliance with existing norms of international law.
Keywords: space resources, use, China, India, Russian Federation, space activities, space programs, international law.
Article bibliography
1. Danilin I. V., Shavlai E. P. Policy for the Development of the Indian “New Space” // Bulletin of MGIMO-University. – 2022. – No. 15 (5). – P. 119.
2. Zhdanov V. L., Antrushina K. T. Political aspects of international cooperation in space // Management consulting. – 2022. – No. 11. – P. 14-
3. Popova S. S., Gorokhova A. V. Implementation of space diplomacy by international actors (on the example of Russia and China) // Space Economy no. – 2024. – No. 1 (7). – P. 10.
4. Chernykh I. A., Gugunsky D. A., Solntsev A. M. The influence of epistemic communities on the development of future international legal regulation of activities on the Moon // Bulletin of RUDN. Series: Legal Sciences. – 2024. – T. 28. No. 1. – P. 220.
INTERNATIONAL LAW
PRIKHODKO Tatyana Viktorovna
Ph.D. in Law, associate professor of Legal support of national security, institute of state law and national security sub-faculty of the Baikal State University, Irkutsk
SHASTINA Anzhelika Razmikovna
Ph.D. in Law, associate professor of Legal support of national security, institute of state law and national security sub-faculty of the Baikal State University, Irkutsk
THE STATE’S DEROGATION OF RIGHTS AND FREEDOMS EXERCISE
The article examines the question of state retreating’s possibility from the realization of international obligations to protect rights and freedoms and suspending the operation of relevant national legislation. Using the analysis of international legal acts, a conclusion is made about the rules for applying the right to derogation. Assessing the norms of international humanitarian law, the authors come to the conclusion of rights and freedoms’ list, derogation from which is not allowed, including internal disturbances and tensions, when the scale has not reached thelevel of an international conflict and norms of humanitarian law do not apply.
Keywords: human rights, right of derogation, international humanitarian law, armed conflict, internal disturbances and tensions, state of emergency, emergency situations.
Article bibliography
1. Boskholov S. S. In search of a balance of interests of the individual, society and the state in the sphere of ensuring national security // Academic Law Journal. -2023. – Vol. 24. No. 3. – P. 288-292.
2. Yeritsyan I. N. Political origins of the Nagorno-Karabakh conflict in the 20th century // Bulletin of the Irkutsk State Economic Academy. – 2015. – Vol. 25. No. 4. – P. 717-721. — DOI:10.17150/1993-3541.2015.25(4).717-721.
3. Zaitseva E. S. Somatic human rights – the result of expanding the scope of legal regulation? // Academic law journal. — 2023. — Vol. 24. No. 2. — P. 164-171.
4. Gritsenko E. V., Dolzhikov A. V., Dudko I. A. [et al.] Constitutional rights in Russia: judicial practice and comparative K65 materials: a textbook / Under the general editorship of A. V. Dolzhikov and A. A. Troitskaya. — Moscow: OOO ≪Center for Constitutional Studies≫, 2024. — 582 p.
5. International and domestic protection of human rights: a textbook / Under the editorship of R. M. Valeeva. – M.: Statut, 2011. – 830 p.
6. Human Rights. History, Theory, Practice: study guide / Ed. B. L. Nazarov. M., 1995. – 302 p.
INTERNATIONAL LAW
SOLNTSEV Alexander Mikhaylovich
Ph.D. in Law, associate professor, associate professor of International law sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
CHERNYKH Irina Alexeevna
Ph.D. in Law, associate professor of International law sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
INTERNATIONAL LEGAL ASPECTS OF LUNAR ENVIRONMENTAL PROTECTION
The study is devoted to international legal analysis of various aspects of protection of environmental sustainability on the Moon, including the issues of space debris and waste disposal on the Moon, protection of lunar heritage, registration, and EIA. It is proposed to use the accumulated experience of international bodies in the field of regulation of common territories and spaces to establish an international legal regime for the protection of the Moon’s ecology.
Keywords: ecology of the Moon, international environmental cooperation, lunar sustainability, Moon heritage.
Article bibliographic list
1. Zhukov G. P., Solntsev A. M. Space and ecology: some legal problems // Moskov Russian Journal of International Law. – 2014. – No. (3). – P. 119-144. DOI: 10.24833/0869-0049-2014-3-119-144.
2. Agreement on the Activities of States on the Moon and Other Celestial Bodies of December 18, 1979 // Collection of the most important documents on international law. Part II. Special. – M., 1997.
3. Vasilevskaya E. G. Legal status of natural resources of the Moon and planets (problems and judgments). – M.: Nauka Publishing House, 1978. – 143 p.
4. Madanapalle A. LUPEX mission by ISRO and JAXA will guide future international activities on surface of Moon. September 19, 2023. [Electronic resource]. – Access mode: https://www.news9live.com/science/lupex-mission-by-isro-and-jaxa-will-inform-future-international-activities-on-surface-of-moon-2291894/amp (date of access: 01.12.2023).
5. Vylegzhanin A. N., Yuzbashyan M. R., Alekseev M. A. International legal prospects for the use of natural resources of the Moon and other celestial bodies // Mining Information and Analytical Bulletin (scientific and technical journal). – 2021. – No. 3-1. – P. 155–172. DOI: 10.25018/0236_1493_2021_31_0_155.
6. Jones N. & Calster G. van. Waste Regulation // Lees E., Viñuales J. (eds). The Oxford Handbook of Comparative Environmental Law. – Oxford: Oxford University Press, 2019. – P. 607–625.
7. Waste Policy: International Regulation, Comparative and Contextual Perspectives. Ed. by Gillespie A. Cheltenham: Edward Elgar, 2015. –230 p.
8. Bamako Convention on the Ban of the Import into Africa and the Control of Transboundary Movement and Management of Hazardous Wastes within Africa dated 30 January 1991.
9. Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal dated 22 March 1989.
10. Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (London Convention) dated 29 December 1972.
11. IAEA Code of Practice on the Transboundary Movement of Radioactive Waste of 1990.
12. Gorman A. Space heritage: artefacts and archæology // Journal & Proceedings of the Royal Society of New South Wales. 2020. Vol. 153. Part 1. P. 94–96.
13. For All Moonkind. [Electronic resource]. – Access mode: https://www.forallmoonkind.org/ (date of access: 01.11.2023).
14. One Small Step to Protect Human Heritage in Space Act dated December 31, 2020. // Public Law No: 116-275. [Electronic resource]. – Access mode: https://www.congress.gov/bill/116th-congress/senate-bill/1694/text.
15. GEGSLA Recommended Framework and Key Elements for Peaceful and Sustainable Lunar Activities. [Electronic resource]. – Access mode: https://moonvillageassociation.org/gegsla/documents/gegsla-recommended-framework/ (date of access: 01.11.2023).
16. Vancouver Recommendations on Space Mining Outer Space Institute, April 20, 2020. [Electronic resource]. – Access mode: https://www.outerspaceinstitute.ca/docs/Vancouver_Recommendations_on_Space_Mining.pdf (access date: 13.10.2023).
17. Principles for a Safe, Peaceful, and Prosperous Future. [Electronic resource]. – Access mode: https://www.nasa.gov/artemis-accords/ (access date: 01.11.2023).
18. For All Moonkind. Moon Registry. [Electronic resource]. – Access mode: https://moonregistry.forallmoonkind.org/ (access date: 01.11.2023).
19. List of Heritage Sites on the Moon. [Electronic resource]. – Access mode: https://lunarresourcesregistry.com/list-of-heritage-sites-on-the-moon/ (date of access: 01.11.2023).
20. Pettit H., Sun T. NASA sending human remains to the Moon in summer 2021. [Electronic resource]. – Access mode: https://nypost.com/2020/11/18/nasa-sending-human-remains-to-the-moon-summer-2021/ (date of access: 01.10.2023).
21. Commemorate Your Pet on a Celestis Memorial Spacefligh. [Electronic resource]. – Access mode: https://www.celestis.com/blog/celestis-pets/ (date of access: 01.10.2023).
22. Convention on Registration of Objects Launched into Outer Space of January 15, 1975. [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/conventions/objects_registration.shtml (date of access: 01.10.2023).
23. Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies of January 27, 1967 [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/conventions/outer_space_governing.shtml.
24. Space Law. Ed. by Hobe S. Baden-Baden: Nomos, 2019. – 266 p.
25. ISA Document ISBA/25/LTC/6/Rev.1. [Electronic resource]. – Access mode: https://www.isa.org.jm/wp-content/uploads/2022/06/26ltc-6-rev1-en_0.pdf (date of access: 01.10.2023).
26. ISA Doc. ISBA/25/C/WP.1. [Electronic resource]. – Access mode: https://www.isa.org.jm/wp-content/uploads/2022/06/isba_25_c_wp1-e_0.pdf (date of access: 01.10.2023).
INTERNATIONAL LAW
DERKACH Pavel Andreevich
postgraduate student of the 1st year of study (scientific specialty 5.1.5 International legal sciences) of the V. N. Tatishchev Astrakhan State University
LEGAL BASIS FOR REGULATING THE SPHERE OF CULTURE AND ART IN THE RUSSIAN FEDERATION
The article examines the process of formation and the current state of the complex of legal acts regulating the cultural sphere of activity of Russian society. The normative documents regulating certain aspects of the cultural policy of the modern Russian state are considered. Development of an up-to-date regulatory framework and adjustment of existing legislation is becoming an important task of the state.
Keywords: culture, art, legal regulation, cultural policy, public policy, society, national legislation, international acts.
Article bibliography
1. Zagrebin S. S. Traditional culture as the basis for a new cultural policy in Russia // Bulletin of Omsk University. Series “Historical Sciences”. – 2016. No. 2 (10). – P. 82-87
2. Inkizhinov N. N. Normative and legal regulation of the cultural sphere in modern Russia // Russian state studies. – 2019. – No. 4. – P. 127-132
3. Kolenko S. G. Management in the field of culture and art: textbook and practical training for the academic bachelor’s degree. – M.: Yurait, 2016. – 370 p.
4. Pronin A. A. Legal regulation in the field of culture: textbook for universities. – 2nd ed., revised. and add. – M.: Yurayt, 2024. – 190 pp.
INTERNATIONAL LAW
GABDULKHAKOV Marsel Faniljevich
Master of Law of the Moscow State Institute of International Relations (University) of the MIA of Russia
SPECIFIC FEATU RES OF CONTRACTUAL REGULATION OF RELATIONS IN THE ENERGY SECTOR OF THE REPUBLIC OF KAZAKHSTAN
The system of contracts in the energy sector is an important tool that allows regulating relations between market participants and ensuring stability and transparency of transactions. In this regard, the relevance of the study of this topic lies in the need to study and analyze the contractual structures often used in the energy sector to determine their effectiveness and develop recommendations for their improvement.
Keywords: agreement system, energy sector, production sharing agreement, oil and oil products transportation agreement.
Article bibliographic list
1. Resolution of the Government of the Republic of Kazakhstan dated June 28, 2014 No. 724 “On approval of the Concept for the development of the fuel and energy complex of the Republic of Kazakhstan for 2023-2029”.
2. Braginsky M. I., Vitryansky V. V. Contract law: general provisions. Moscow: Statut, 2020. pp. 135-136.
3. Ilias Bantekas, John Paterson, Maidan Suleimenov. Oil and Gas Law in Kazakhstan: National and International Perspectives // Kluwer Law International B.V. 2004. P. 306.
4. Zhanibek Saurbek. Legal and Contractual Framework of the Oil and Gas Pipeline Infrastructure in Kazakhstan // University of Dundee. 2009. P. 470.
5. David Perks. Oil & Gas: A Comparative Guide to the Regulation of Oil and Gas Projects: Jurisdictional Comparisons // European lawyer reference. 2012. P. 56.
6. Aitkhozhaev S.S. Munai onimderinin onondirisi men ainalymyn memlekettik retteu // XXI gasyrdagy Economics of the world: ladies tendencies. Almaty, 2003. P. 34.
INTERNATIONAL LAW
Tan Bowe
Belarus State University
Yang Yu
Belarusian State University
SOFT POWER IN THE AGE OF DIGITAL MEDIA: STRATEGIES AND IMP ACTS OF CROSS GEOPOLITICAL CULTURAL COMMUNICATION
In the era of digital media, soft power has become an increasingly critical aspect of international relations, significantly influencing cross-geopolitical cultural communication. This paper examines the strategies employed by nations to project their culture and values beyond their borders and assesses the impacts of these endeavors on global perceptions and diplomatic relations. Initially, it outlines the conceptual framework of soft power, distinguishing it from hard power and highlighting its relevance in the digital age. It then explores the role of digital media platforms in amplifying soft power, including social media, streaming services, and online cultural exchanges. Case studies of various countries utilizing digital media to enhance their cultural influence, such as South Korea’s global promotion of K-pop, are analyzed to understand the effectiveness of these strategies. The paper also addresses the challenges and controversies surrounding the use of digital media for cultural diplomacy, including issues of cultural imperialism and the digital divide. Furthermore, it investigates the impact of digital media-driven soft power on international politics, including its ability to foster mutual understanding, shape public opinion, and influence foreign policy decisions. The study concludes by proposing strategies for optimizing the use of digital media in soft power initiatives, ensuring they contribute positively to global peace and understanding.
Keywords: soft power; digital media; cultural diplomacy; cross-geopolitical communication; digital divide; international relations.
References
1. Baym N. K., 2015. Social media and the struggle for society. Social Media + Society, 1(1), pp.1-2.
2. Zhang, X. and Clark, C., 2020. Digital diplomacy and global engagement: Harnessing the power of convergence culture. International Studies Review, 22(3), pp.396-422.
3. Batra, R. & Keller, K.L., 2016. Integrating marketing communications: New findings, new lessons, and new ideas. Journal of Marketing, 80, pp.122-145.
4. Wu, Z., 2023. Research on public service advertising communication strategy under the media integration environment. Media and Communication Research.
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6. Song, M., 2021. Streaming culture and the implications for cultural globalization. Global Media and Communication, 17(2), pp.195-210.
7. Jenkins, H. (2006). Convergence culture: Where old and new media collide. New York University Press.
8. Iwabuchi, K. (2002). Recentering globalization: Popular culture and Japanese transnationalism. Duke University Press.
9. Nye, J.S. (2004) Soft Power: The Means to Success in World Politics. New York: Public Affairs.
10. Van Dijk, J.A.G.M. (2020) The Digital Divide. Cambridge: Polity Press.
PRIVATE INTERNATIONAL LAW
BAKHMETJEV Pavel Vladimirivich
Ph.D. in Law, associate professor of International law sub-faculty of the North Caucasus branch of Russian State University of Justice, Krasnodar
COPYRIGHT ON NEURAL NETWORK WORKS: INTERNATIONAL EXPERIENCE AND DEVELOPMENT PROSPECTS
The question of authorship in relation to works created using neural networks is becoming more acute every day. The results of the joint work of a skilled operator and a well-trained and tuned neural network cannot be inferior in quality to the results of the work of professional authors, lawyers, programmers, musicians, artists, announcers, etc.
At the same time, an operator working with a neural network does not necessarily have to have competence, qualifications or skills in the field that concerns the work he creates. A number of professionals run the risk of becoming less in demand in their activities, while non-professionals receive affordable tools to creatively achieve tasks at a professional or near-professional level in a number of areas. From drafting a statement of claim to writing artistic texts or poems, from image generation to video creation, from generating the voice of a famous speaker to creating music and songs – all these opportunities are available to anyone without the need for specialized education or skills training .
Copyright for works created using neural networks is an area that requires studying both the technical component of this process and the creative contribution of the person involved in the creation of such works. The article examines the foreign experience of regulating these relations, as well as identifies promising areas for the development of legislation in this area.
Keywords: neural networks, copyright, artificial intelligence, intellectual property.
Article bibliography
1. Kibalnik A. G., Volosyuk P. V. Artificial Intelligence: Issues of Criminal Law Doctrine Awaiting Answers // Legal Science and Practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. 2018. No. 4 (44). P. 173-178.
2. Midjourney, DeviantArt face lawsuit over AI-made art [Electronic resource]. – Access mode: https://www.theregister.com/2023/01/16/stability_diffusion_lawsuit/ (date accessed: 30.06.24).
3. GOOGLE Bard and ChatGPT chatbots have been used to create free Windows 10 and 11 keys. [Electronic resource]. – Access mode: https://www.thesun.co.uk/ tech/22755103/google-bard-chatgpt-windows-11-key-illegal/ (date accessed: 29.06.24).
4. Lukashova A. V. Copyright and works generated by a neural network // Issues of Russian justice.2023. No. 28. P. 122-132
5. Suno Terms of Service. [Electronic resource]. – access mode: https://suno.com/terms/ (date of access: 06/30/24).
6. Diamond, Jared. Animal art: Variation in bower decorating style among male bowerbirds Amblyornis inornatus // Proceedings of the National Academy of Sciences of the United States of America: journal. — National Academy of Sciences, 1986. — 1 May ( vol. 83). P. 3042-3046.
7. Monkey selfie. [Electronic resource]. – Access mode: https://ru.wikipedia.org/wiki/Сельфи_обены (date of access: 29.06.24).
8. Here’s why AI-created comics might not be eligible for copyright. [Electronic resource]. – Access mode: https://economictimes.indiatimes.com/magazines/panache/heres-why-ai-created-comics-might-not-be-eligible-for-copyright/articleshow/96482285.cms ?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst (date accessed: 29.06.24).
9. Pashchuk E. O. Problematic issues of recognition of copyright on neural network works: legal aspect // Issues of Russian justice. 2023. No. 24. P. 213-218.
10. Artificial intelligence and copyright. [Electronic resource]. – Access mode: https://www.wipo.int/wipo_magazine/en/2017/05/article_0003.html (date of access: 30.06.24).
INTERNATIONAL PRIVATE LAW
DEMIRCHYAN Viktoriya Vaganovna
Ph.D. in Law, associate professor of International law sub-faculty of the North Caucasus branch of the Russian State University of Justice
LEGAL REGULATION OF INTERNATIONAL ELECTRONIC COMMERCE IN THE UNCITRAL MODEL LAWS
The article analyzes the concepts, as well as the legal regulation of international e-commerce and e-trade, provides a comparative analysis of the two categories, identifies gaps in legal regulation, and examines the main UNCITRAL model laws governing this category of legal relations. The author analyzes the main factors influencing the growth of e-commerce, summarizes statistical data that make it possible to predict the development of legal relations in a particular commercial sphere, as well as in improving legal regulation both at the international and national levels. br> Keywords: e-commerce, e-commerce, international legal regulation.
Article bibliography
1. Kormiltseva A. I. Problems of legal regulation of electronic document flow // Legal sciences: problems and prospects: materials of the IV International scientific conference, Kazan, May 20-23, 2016 Kazan: Buk, 2016. P. 109-113. [Electronic resource]. – Access mode: https://moluch.ru/conf/law/archive/181/10468/ (date of access: 25.06.2024).
2. L. Castellani, ‘The United Nations Electronic Communications Convention – Policy Goals and Potential Benefits’, 19(1) // Korean Journal of International Trade & Business Law 1 (2010), at 2.
INTERNATIONAL PRIVATE LAW
SIMATOVA Elena Lvovna
Ph.D. in Law, associate professor, Head of International law sub-faculty of the North Caucasus Branch of the Russian State University of Justice, Krasnodar
TRANSFORMATION OF DOCTRINAL APPROACHES TO ESTABLISHING STATE JURISDICTION IN THE CONTEXT OF GLOBAL DIGITALIZATION
Cyberspace as a place for the emergence and termination of legal relations is a kind of legal phenomenon, since it has no territorial ffiliation The issue of determining state jurisdiction in such cases is of particular importance, since doubts are expressed in science about the permissibility of regulating cyberspace by traditional means of law, up to its complete withdrawal from state sovereignty. The article analyzes doctrinal approaches to the extension of the extraterritorial jurisdiction of the state to cyberspace and explores possible criteria that could mediate a close relationship between the emerging relations and the state.
Keywords: digitalization, cyberspace, jurisdiction in cyberspace, extraterritorial jurisdiction
Article bibliography
1. Uta Kohl. Jurisdiction in cyberspace // Research Handbook on International Law and Cyberspace, 2015. Chapter 2. P. 30-54.
2. Kuzmenkov M. Yu. Conflict of laws regulation of digital rights circulation // Actual problems of Russian law. 2021. No. 3 (124). P.152-159.
3. Majorina M. V. Cyberspace and methodology of international private law // Law. Journal of the Higher School of Economics, 2020. No. 2. P. 230-253.
4. Darrel C. Menthe. Jurisdiction in Cyberspace: A Theory of International Spaces// Michigan Telecommunications and Technology Law Review. 1998. Volume 4. Issue 1. [Electronic resource]. – Access mode: https://core.ac.uk/download/pdf/232684908.pdf
5. Terentyeva L. V. Principles of Establishing the Territorial Jurisdiction of a State in Cyberspace// Lex Russica. 2019. No. 7 (152). P. 119-129.
6. Krasikov D. V. Territorial Sovereignty and Delimitation of Jurisdictions in Cyberspace // State and Law in the New Information Reality. 2018. No. 1. Pp. 99-111.
7. Kapustin A. Ya. State Sovereignty in Cyberspace: International Legal Dimension // Journal of Foreign Legislation and Comparative Law. 2022. No. 6. Pp. 99-108.
8. Beall C. The Scientological Defenestration of Choice-of-Law Doctrines for Publication Torts on the Internet // Marshal Journal of Computer & Information Law. 1997. Vol. 15. Pp. 361-390.
9. Safoeva S. M. Jurisdictional Boundaries in Cyberspace: Transformation of Civil Law Relations // Universum: Economics and Jurisprudence. 2023. No. 8 (107). P. 13-21.
10. Terentyeva L. V. Extraterritorial manifestation of the jurisdiction of the state in the context of the transformation of the perception of its spatial boundaries // Law. Journal of the Higher School of Economics. 2019. No. 3. P. 160-180.
11. Bakhaeva A. V. Extraterritorial application of US antitrust law: the doctrine of consequences versus the principles of international comity // Issues of Russian and International Law. 2012. No. 9-10. P. 86-94.
12. Tebenkova V. N. The doctrine of consequences as a basis for establishing the jurisdiction of states in cyberspace // International law and international organizations. 2024. No. 1. P. 1-22.
THEORY OF STATE AND LAW
DUSHKINA Ekaterina Vladimirovna
Ph.D. in Law, associate professor of Legal studies sub-faculty of the St. Petersburg State University of Architecture and Civil Engineering
DEMIDOV Alexander Vladimirovich
Ph.D. in Law, associate professor, Deputy Head of Theory and history of state and law sub-faculty of the St. Petersburg University of the MIA of Russia
LEGAL AND TECHNICAL REQUIREMENTS FOR IMPROVING REGULATORY LEGAL ACTS
The article analyzes the legal and technical requirements for improving regulatory legal acts, which are important components of the principle of legal certainty. Therefore, further comprehensive study of these requirements does not lose relevance. The purpose of the study was to identify adequate requirements aimed at improving the quality of the development of regulatory legal acts. Research methods and methodology: the article used deductive and inductive research methods, as well as analysis, generalization and synthesis. Research results: requirements for normative legal acts can be divided into the following groups: clarity of the text of normative legal acts; clarity of formulations of legal norms; logical definitions, legal fictions, presumptions and constructions; completeness of expression of legal norms in the text of normative legal acts; conciseness of expression of legal norms in the text of normative legal acts. Conclusions: the requirements that relate to the quality of the legal norm are formulated: accessibility and predictability; the degree of clarity of the legal norm.
Keywords: legal technique, normative legal acts, legal norms, legal certainty.
Article bibliography
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5. Ihering R. von. Legal technology / Compiled by: Polyakov A.V. – M.: Statute, 2008. – 231 p.
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8. Savelyeva O. E., Shanazarova E. V. Legal construction: problems of theory and practice // Humanitarian, socio-economic and social sciences. – 2023. – No. 7. – P. 143-145. DOI 10.23672/SAE.2023.24.69.030.
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10. Yagarmin R. G. Epistemological and methodological function of legal constructions // Trends in the development of science and education. – 2021. – No. 79-6. – P. 131-134. DOI 10.18411/trnio-11-2021-272.
THEORY OF STATE AND LAW
ISMAGILOV Igor Rashidovich
Deputy General Director of Apex-I for Legal Affairs (St. Petersburg, Russia)
MIKULENKO Fedor Alexeevich
postgraduate student of the Patrice Lumumba Peoples’ Friendship University of Russia
PROKOFJEV Konstantin Georgievich
Ph.D. in Law, associate professor of the branch of the Moscow University of Finance and Law in Orsk
PROPERTY AS A MORAL AND LEGAL VALUE (EXPERIENCE OF CLASSICAL PHILOSOPHY OF LAW)
Classical philosophy of law, formed in line with German idealism at the turn of the 18th–19th centuries, developed on the basis of the philosophical and legal paradigm of absolute freedom. Law and morality act as the results of the systematic development of the concept of freedom, passing through a series of stages (I. Kant). One of these steps is the concept of property. Namely: the first stage, which is fixed in the form of an agreement between two subjects of law (I. G. Fichte, G. V. F. Hegel). But property relations in themselves are not absolute. Their truth is revealed in the entire complex of social relations of civil society, in the absolute right of the state regarding society and the individual.
Keywords: Kant, Fichte, Hegel, law, state, personality, property, value, freedom, philosophy of law.
Article bibliography
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2. Bastrykin A. Legal protection of national interests of the Russian Federation in the context of the transformation of the world order // XII St. Petersburg International Legal Forum 2024. – M .: Roscongress, 2024. – P. 14-18.
3. Hegel G.V.F. Works of different years. T. 1. – M.: Mysl, 1972. – 668 p.
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5. Goodness, trust, justice in philosophical and legal thought: antiquity and modernity: Monograph / Under the general editorship of V. P. Salnikov; Ananskikh I. A., Vinogradova E. V., Gribov I. N., Gutman M. Yu., Zakhartsev S. I., Zorina N. V., Ignatieva S. V., Ismagilov I. R., Ismagilov R. F., Kiiko A. Yu., Krizhanovskaya G. N., Lezhneva O. Yu., Lysenkov S. G., Maksimov A. A., Maslennikov D. V. ., Morozov A. I., Novozhilov S. A., Petrov P. A., Prokofiev K. G., Salnikov V. P., Salnikov M. V., Salnikov S. P., Starovoitova O. E., Utyuganov A. A., Khabibulin A. G. – St. Petersburg: St. Petersburg Military Order of Zhukov Institute of National Guard Troops, University Foundation, 2022. – 463 p.
6. Zakhartsev S. I., Salnikov V. P. Rereading Hegel. Reflections on the 200th Anniversary of the “Philosophy of Law” // Theory of State and Law. – 2021. – No. 2. – P. 67-88. DOI 10:47905/MATJIP.2021.22.2.005.
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9. The idea of justice in the traditions of post-classical philosophy of law: Scientific publication / R. F. Ismagilov, D. V. Maslennikov, V. P. Salnikov, S. I. Zakhartsev, M. V. Salnikov, L. K. Petrosyan, A. V. Chernyaeva; under the general editorship of V. P. Salnikov. – St. Petersburg: Fund “University”, 2012. – 176 p.
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THEORY OF STATE AND LAW
SEMENOVYKH Anastasiya Evgenjevna
lecturer of S. S. Alekseev Theory of state and law sub-faculty of the V. F. Yakovlev Ural State Law University, Yekaterinburg
THE CONCEPTS OF “LEGAL PROTECTION” AND “LEGAL DEFENSE” IN LEGAL SCIENCE
In the article, the author analyzes the place of the concepts of “legal protection” and “legal defense” in the conceptual and categorical series of the theory of state and law . Also conducts a comparative analysis and identifies the relationship of legal protection and legal defense with related concepts. Based on the results of the study, definitions of the concepts of “legal protection” and “legal defense” are proposed from the point of view of the theory of legal influence.
Keywords: legal protection, legal protection, protective function of law, legal influence, protective impact, state coercion, protective activity, protective legal institution.
Bibliographic list of articles
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17. Syrykh V. M. History and methodology of legal science: textbook. – Moscow: Norma: INFRA-M, 2018. – 464 p. – ISBN 978-5-91768-299- 0. – Text: electronic. [Electronic resource]. – Access mode: https://znanium.ru/catalog/product/945566 (date of access: 06.08.2024).
18. Ushakov A. A. Contents and Form in law and Soviet lawmaking: Abstract of a dissertation. … Doctor of Law. – Sverdlovsk, 1970. – P. 24-25.
19. Tsikarishvili O. G. Protective function of Russian law: abstract of dissertation for the degree of candidate of legal sciences: specialty 12.00.01 ; [Saratov State Academy of Law]. – Saratov, 2008. – 28 p.
THEORY OF THE STATE AND PRAVA
PLATONOV Vladimir Mikhaylovich
Ph.D. in Law, Head of Public policy and history of state and law sub-faculty of the Patrice Lumumba Peoples’ Friendship University of Russia; President of the Moscow Chamber of Commerce and Industry
DIFFERENTIATION OF SUBJECTS OF COMPETENCE AND POWERS BETWEEN LEVELS OF PUBLIC AUTHORITY IN THE REGULATION OF THE ELECTORAL PROCESS
The current Russian legislation and the current political practice of ensuring the activities of public authorities determine some contradictory features of the differentiation of the subjects of competence and powers of the Russian Federation and its subjects. In particular, these are historically determined differences in the dynamics of interinstitutional interaction between the federal and subject levels of government, local features of regional development, contradictions in the formulated and used coordination mechanisms and procedures, etc. In this regard, the regulation of the electoral process in relation to the problems of ensuring the functioning of public authorities at various levels involves improving the current Russian electoral legislation, “leveling” regional specifics according to specific parameters, and conducting a qualitative analysis of the existing experience in using modern electoral technologies. Accordingly, closer cooperation of Russian legal scholars and political scientists on the above-mentioned issues is necessary.
Keywords: the Russian Federation, the subjects of the Russian Federation , the delimitation of subjects of competence and powers, public administration bodies, levels of public authority, the electoral process.
Article bibliography
1. Arzhanov V. V. Delimitation of powers and subjects between state bodies and local government bodies // Administrative law and process. 2019. No. 7. P. 40-42.
2. Efimov G. A. Delineation of subjects of jurisdiction and powers “vertically” as a way of implementing the constitutional principle of separation of powers // Legal World. 2019. No. 6. P. 20 -23.
3. Kursky I. S. On the relevance of the model for delimiting the scope of jurisdiction between the Russian Federation and its subjects // Issues of Russian and International Law. 2023. Vol. 13. No. 1-2-1. P. 60-66.
4. Leksin I. V. Distribution of competence between levels of public authority in modern Russia: practical state and normative consolidation // Federalism. 2023. No. 28 (1). P. 5-30.
5. Merkulenko A. A. Delineation of subjects of jurisdiction and powers between the center, regions and municipalities in the constitutions of federal and decentralized states // Bulletin of Perm University. Legal sciences. 2023. No. 59. P. 73 -96.
6. Nikishchenkova M.A. Regional lawmaking: problems of delimitation of subjects of jurisdiction of the Russian Federation and its subjects // Legal Bulletin of Samara University. 2023. Vol. 9. No. 4. P. 7-12.
7. Patselya Ya. S. Modern technologies for ensuring the modernization of the electoral process in the context of the activities of election commissions // Questions of Political Science. 2021. Vol. 11. No. 7 (71). P. 2009-2015.
8. Smorchkova L. N. On the delimitation of the subjects of jurisdiction of the Russian Federation and the subjects of the Russian Federation in the implementation of administrative and legal regulation // Legal policy and legal life. 2023. No. 2. P. 133-141 .
9. Channov S. E. Delineation of powers on subjects of joint jurisdiction in the context of budgetary security of the constituent entities of the Russian Federation // Bulletin of the Volga Region Institute of Management. 2020. Vol. 20. No. 5. P. 12-20.
10 . Chistoborodov I. G. Electoral system as the main object of state management of the electoral process in the Russian Federation // Social and political sciences. 2019. No. 2. P. 173-177.
11. Shub A. M. Features of the delimitation of subjects of jurisdiction and powers in the sphere of regulation of issues of official publication (promulgation) of municipal legal acts // Bulletin of Economics, Law and Sociology. 2021. No. 1. P. 228-231.
12. Yarkov V. V. Delimitation of subjects of jurisdiction between courts: key innovations // Arbitration and civil procedure. 2019. No. 7. P. 31-37.
THEORY OF STATE AND LAW
ZHURAVKOV Alexander Anatoljevich
master of law, postgraduate student of Theory and history of law and law sub-faculty of the Institute of Law of the Siberian Federal University, Krasnoyarsk
ON THE ISSUE OF DISTINGUISHING FORMALISM AT THE STAGE OF EVALUATING EVIDENCE AND AT THE STAGE OF INTERPRETING THE RULE OF LAW
The article proposes an approach to the differentiation of formal legal and formalist approaches to the interpretation and application of legal norms, based on the objective necessity of a legal form as one of the key and integral elements of legal regulation, and the inadmissibility of giving this structural element of law a negative connotation. The article also analyzes the mistakes made in the framework of judicial practice due to both a purely formal approach to the assessment of evidence and the formalistic application of the norms of substantive law. Separate options for overcoming these errors are offered.
Keywords: legal formalism, formalist approach, normoscepticism, Grand style method, terminological desynchronization, evaluation of evidence, purpose of the contract, subject of the contract, hereditary mass, limits of liability of the heir for the debts of the testator.
Bibliographic list of articles
1. Resolution of the Constitutional Court of the Russian Federation of 10.02.2017 No. 2-P “On the case of verifying the constitutionality of the provisions of Article 212.1 of the Criminal Code of the Russian Federation in connection with the complaint of citizen I. I. Dadin”. – [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_212659/?ysclid=lnvmb1p03u370181087 (date of access: 10/24/2023).
2. Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated July 10, 2023 in case No. 78-KG23-16-KZ. – [Electronic resource]. – Access mode: https://legalacts.ru/sud/opredelenie-sudebnoi-kollegii-po-grazhdanskim-delam-verkhovnogo-suda-rossiiskoi-federatsii-ot-10072023-n-78-kg23-16-k3/?ysclid=lnwrngrdhq407404057 (date of access: 10/24/2023).
3. Determination of the Civil Collegium of the Second Cassation Court of General Jurisdiction dated October 25, 2022 in case No. 88-24401/2022 (Unique case identifier 77RS0031-02-2021-003620-57). – [Electronic resource]. – Access mode: https://2kas.sudrf.ru (date of access: 24.10.2023).
4. Determination of the Judicial Collegium for Civil Cases of the Second Cassation Court of General Jurisdiction in case No. 88-24585/2022 dated November 01, 2022. – [Electronic resource]. – Access mode: https://2kas.sudrf.ru (date of access: 24.10.2023).
5. Tonkov D. E. American legal realism: legal certainty from the standpoint of norm skeptics // Jurisprudence. – 2015. – No. 4. – P. 137.
6. Abushenko D. B., Branovitsky K. L., Zagaynova S. K. et al. Actual problems of civil and administrative proceedings. § 2 Ch. 1. / Ed. by V.V. Yarkov. – Moscow: Statut, 2021. – 460 p. – [Electronic resource]. – Access mode: https://www.consultant.ru/law/review/other/xm2022-03-02.html?ysclid=lp27ydykl2706566614, section “New: legal press, commentaries and books” (date of access: 11/15/2023).
7. Decision of the Justice of the Peace of judicial district No. 81 in the Sovetsky district of Krasnoyarsk in case No. 2-3003/19 (81). – [Electronic resource]. – Access mode: https://ms81.mirsud24.ru/ms/sudoproizvodstvo/informatsiya-po-sudebnym-delam (date of access: 04/29/2022).
8. Resolution of the Plenum of the Supreme Court of the Russian Federation of 06/28/2012 No. 17 “On the consideration by courts of civil cases on disputes on the protection of consumer rights”. – [Electronic resource]. – Access mode: https://www.vsrf.ru/documents/own/8304/?ysclid=l5zan8q6zw155616941 (date of access: 07/24/2022).
THEORY OF STATE AND LAW
GASANOV Akhmed ovich
magister student of the Institute of Law of the Dagestan State University, Makhachkala
BASIC MODELS OF LEGAL DEVELOPMENT: EVOLUTIONARY-CIVILIZATIONAL APPROACH
The article examines the main legal models of systems from the point of view of the evolutionary-civilizational context. The characteristics of their development and the central ideas of the evolution of each model are studied. Detailed studies of the three main civilizational models: Western (classical) model, Islamic religious model and Eastern (Indo-Buddhist) model. The author also substantiates the inseparability of the categories “law” and “culture” and reduces the monotonous perception of the consequences of legal systems. “Law” and “culture” as an integral unified complex of society.
Keywords: models of legal development, civilizational approach, natural law concept, Islamic law, Eastern model of law, culture.
Article bibliography
1. Mayurov N. P. Traditional and religious legal families in the countries of the modern world // Social and political sciences. – 2023. – No. 5 (44). – P. 57-66.
2. Dmitrievskaya D. S. Civilizational approach to human rights // Law and Right. – 2023. – No. 2 (112). – P. 43-45.
3. Ivanov N. A. Social aspects of traditional Islam // Asia and Africa today. – 2023. – No. 3 (56). – P. 6-11.
THEORY OF STATE AND LAW
Dzhalmukhanov Ramil Gaynullaevich
postgraduate student of the 4th years of study of Theory and history of state and law sub-faculty of the V. N. Tatishchev Astrakhan State University
THE CONCEPT, ESSENCE AND MEANING OF THE LAW ENFORCEMENT FUNCTION OF THE STATE
The law enforcement function of the state is one of the main functions of the state, which consists in ensuring respect for the rights and freedoms of citizens, maintaining social and legal stability, as well as preventing and suppressing offenses.
The essence of the law enforcement function of the State is related to the implementation of law enforcement activities by State bodies such as the police, border guards, prosecutors and judicial authorities. These bodies work together to ensure the implementation of laws and maintain public safety.
The importance of the law enforcement function of the state is to create conditions for the life and activity of citizens in a safe and stable environment. It promotes the strengthening of statehood and the rule of law, ensures the protection of the rights and freedoms of citizens, and also helps to bring to justice those who commit illegal actions.
The law enforcement function of the State is an important tool for law enforcement and maintaining order in society. Its implementation contributes to the development of law and order and the creation of conditions for the prosperity of citizens and society as a whole.
Keywords: law enforcement function, state, concept, essence, meaning, security, law and order, crime, law, offender, suppression, prevention, investigation, trial, punishment, public order, legal protection, police, law enforcement agencies, law enforcement.
Article bibliography
1. Stefanova T. V. Law enforcement function of the state: essence and meaning // Bulletin of Tomsk State University. – 2019. – No. 380. – P. 88-92.
2. Muravyov V. V. Formation and implementation of the law enforcement function of the state in modern Russia // State and Law. – 2021. – No. 9. – P. 89-96.
3. Litovskoy, V. M. Law enforcement function of the state: essence and problems of implementation // Kazan Law Journal. – 2019. – No. 4. – P. 71 -76.
4. Tolstikov V. I. Law enforcement function of the state in modern conditions // Ural legal bulletin. – 2019. – No. 3. – P. 31-36.
5. Mayorov A. A. Implementation law enforcement function of the state in the national security system // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2020. – No. 2. – P. 128-134.
THEORY OF STATE AND LAW
ZHUK Artyom Sergeevich
Head of the municipality Staropolskoe rural settlement of the Slantsevsky district, Leningrad region
ON THE ISSUE OF THEORETICAL JUSTIFICATION FOR THE VALUE NATURE OF THE STATE
The state as the highest form of social organization of society is determined by its value nature. It is not only the result of the action of the mind and will of people, but also a direct expression of the highest idea of justice, which underlies the ontology of the universe and the basis of the moral structure of the human soul. Therefore, the state interest rises above the purely utilitarian goals of people, and the value of the state is of absolute importance. The constitutional reform of 2020, which took a significant step in the “axiologization” of the Basic Law, allows us to talk about the real development of the Russian statehood.
Keywords: Plato, Kant, neo-Kantianism, justice, absolute good, state, law, sovereignty, values, Constitution of the Russian Federation.
Bibliographic list of articles
1. Aristotle. Works in 4 volumes. Vol. 1. – M.: Mysl, 1976. – 550 p.
2. Voronin Yu. A. Transnational organized crime. – Ekaterinburg: UrGLA, 1997. – 72 p.
3. Hegel G.V.F. Lectures on the History of Philosophy. Book Two. – SPb.: Nauka, 1994. – 432 p.
4. Goodness, trust, justice in philosophical and legal thought: antiquity and modernity: Monograph / Under the general editorship of V. P. Salnikov; Ananskikh I. A., Vinogradova E. V., Gribov I. N., Gutman M. Yu., Zakhartsev S. I., Zorina N. V., Ignatieva S. V., Ismagilov I. R., Ismagilov R. F., Kiiko A. Yu., Krizhanovskaya G. N., Lezhneva O. Yu., Lysenkov S. G., Maksimov A. A., Maslennikov D. V., Morozov A. I., Novozhilov S. A. ., Petrov P. A., Prokofiev K. G., Salnikov V. P., Salnikov M. V., Salnikov S. P., Starovoitova O. E., Utyuganov A. A., Khabibulin A. G. – St. Petersburg: St. Petersburg Order of Zhukov Military Institute of National Guard Troops, University Foundation, 2022. – 463 p.
5. Zakhartsev S. I., Maslennikov D. V., Salnikov V. P. On the importance of the logical form of philosophy for understanding the nature of the absolute in law // The World of Politics and Sociology. – 2018. – No. 2. – P. 178-187.
6. Zakhartsev S. I., Maslennikov D. V., Salnikov V. P., Seliverstov I. N. Sovereignty, state and organized crime: axiological aspect // Monitoring law enforcement. – 2021. – No. 2 (39). – P. 13-20.
7. The idea of freedom. Law. Morality (class(Russian and postclassical philosophy of law): Monograph / Edited by Doctor of Law S. I. Zakhartsev; I. A. Ananskikh, I. N. Gribov, S. I. Zakhartsev, N. V. Zorina, I. R. Ismagilov, O. A. Klimenko, O. Yu. Lezhneva, S. F. Mazurin, B. V. Makov, D. V. Maslennikov, A. K. Mirzoev, P. A. Petrov, E. A. Polivko, K. G. Prokofiev, O. V. Pyleva, V. P. Salnikov, M. V. Salnikov, F. O. Chudin-Kurgan. – M.: Yurlitinform, 2020. – 288 p.
8. Kuznetsov P., Salnikov V. P., Maslennikov D. V., Prokofiev K. G. Immanuel Kant on the moral foundations of the state and its relationship to the Church as an “ethical community” (On the 300th anniversary of the philosopher) // Theory of state and law. – 2024. – No. 1 (35). – P. 166-187.
9. Radbruch G. Philosophy of law. – Translated from German. – M.: International Relations, 2004. – 240 p.
10. Salnikov V. P., Maslennikov D. V., Zhuk A. S. The idea of moral and legal values and the idea of the state in the paradigms of Kantian and Hegelian philosophy (to the issue of the problem of equality of absolute values) // Legal science: history and modernity. – 2022. – No. 12. – P. 186-192.
11. Salnikov V. P., Maslennikov D. V., Zakhartsev S. I., Morozov A. I. Constitutional reform as the implementation of the value consensus of society // Amendments to the Constitution of the Russian Federation and prospects for the development of regional legislation: Collection of materials of the All-Russian scientific practical conference (Ufa, March 24, 2021) / Ed. N. V. Yamaletdinova. – Ufa: RIC BashSU, 2021. – P. 227-238. – in. sb. 310 p.
12. Frolova E. A. Methodology of legal sciences: neo-Kantian approach // Bulletin of Moscow University. – Series 11: Law. – 2016. – No. 1. – P. 18-34.
13. Braun J. Rechtsphilosophie im 20. Jahrhundert. Die Rückkert der Gerechtigkeit. – München: Vеrlag C.H. Beck, 2001. – 328 s.
THEORY OF STATE AND LAW
ZHURAVKOV Alexander Anatoljevich
master of law, postgraduate student of Theory and history of states and law sub-faculty of the Institute of Law of the Siberian Federal University, arsk
JUDICIAL DISCRETION AS A WAY TO OVERCOME LEGAL FORMALISM: PROBLEMS OF APPLICATION
The article considers a method proposed by a number of authors to overcome the problems caused by legal formalism by expanding judicial discretion (discretion). Taking into account the opinions of individual researchers who are skeptical about the prospect of expanding the limits of judicial discretion, as well as based on the analysis of a specific civil case, significant difficulties are identified in terms of implementing this method, which can minimize the positive effect of its application and create additional difficulties in protecting the rights and legitimate interests of participants in judicial proceedings from manifestations of judicial arbitrariness.
Keywords: legal formalism, law enforcement, interpretation of law, clarification of law, judicial discretion, limits of judicial discretion, deformation of legal mentality.
Article bibliographic list
1. Gadzhiev G. A., Voinikanis E. A. Pacing problem and the revival of judicial rule-making // Law. 2021. No. 6.
HISTORY OF STATE AND LAW
KRASILNIKOV Sergey Vladimirovich
Ph.D. in Law, associate professor of Theory and history of state and law sub-faculty of the North-Western Institute of Management of the Russian Academy of National Economy and Public Administration under President of the Russian Federation, St. Petersburg
POLICE REFORM OF EKATERINA II, AS A RESULT OF THE INFLUENCE OF SIMILAR TRANSFOR-MATIONS IN WESTERN EUROPE IN THE XVI-XVIII CENTURIES
In this article, the author examines the police reform out carried by Catherine II in Russia.
It was examined what the prerequisites were for the reform, what goals and objec-tives it set for itself, as well as what changes were made to the police system.
An attempt has been made to consider the circumstances that contributed to the de-velopment of the functions of the regular police in Moscow, to characterize the directions of activity of state authorities in creating the legal foundations of police life, improving its legal regulation, to analyze and evaluate the nature and content of law-making activity and its impact on the development of domestic legislation and law enforcement practice police, analyze the errors and omissions that occurred.
The results and consequences of this reform are indicated, and an attempt is made to understand how it influenced the history of Russia.
Keywords: internal management, regular police, Moscow, legal bases, functions; in-structions, protection of public order, fight against crime, orders.
Article bibliographic list
1. Belyaeva L. I., Klimov A. Yu. Rightnew support for the activities of the Moscow police during the times of Catherine II and Paul I // Proceedings of the Academy of Management of the Ministry of Internal Affairs of Russia. – 2023. – No. 3 (67). – P. 182-189.
2. Belyaeva L. I., Klimov A. Yu. Creation of a regular police force in Moscow and formation of the legal basis for its activities in the first half of the 18th century // Proceedings of the Academy of Management of the Ministry of Internal Affairs of Russia. – 2023. – No. 2 (66). – P. 156-165.
3. Borisov A. V., Potemkin I. A. The Ministry of Police and its leaders. – M. 2020. – 368 p.
4. Mulukaev R. S. Police in Russia (IX century – early XX century). – N. Novgorod, 1993. – 102 p.
5. Oblitsov I. A. The structure of the police bodies of Russia according to the “Charter of good behavior, or police” // Bulletin of the Institute: crime, punishment, correction. – 2011. – No. 4 (16). – P. 113-124.
6. Pinigin M. G. The staff of the police of Russia in the 18th century // Agro-food policy of Russia. – 2016. – No. 4 (52). – P. 18-31.
7. Police and militia of Russia: pages of history. – M., 1995. – 318 p.
8. Serov D. Security of the Russian person at the beginning of the 18th century // Otechestvennye zapiski. – 2013. – No. 2. – P. 113-121.
9. Sizikov M. I. History of the Russian police (1718-1917): Formation and development of the general regular police in Russia in the 18th century. – M., 1992. – 66 p.
10. Tumin A. Yu. Moscow general police in the 18th–19th centuries (Historical and legal research): dis. … candidate of legal sciences. – M., 2021. – 310 p.
11. Charter of decency or police of April 8, 1782 // Complete collection of laws of the Russian Empire (PSZRI). First collection. 1649–1825. / Ed. M. M. Speransky (in 45 volumes). – SPb.: Type II Department of His Imperial Majesty’s Own Chancellery, 1830. – Vol. 21. – Art. 15. – 379 p.
12. Fedneva N. L. On the History of the Development of the “Charter of Decency, or Police” // International Journal of Constitutional and State Law. – 2017. – No. 2. – P. 49-61.
HISTORY OF THE STATE AND LAW
MIKHAYLIK Anna Alexandrovna
Ph.D. in Law, associate professor, associate professor of Theory and history of state and law sub-faculty of the I. T. Trubilin Kuban State Agrarian University
FEATURES OF THE HISTORICAL DEVELOPMENT OF ANGLO-SAXON LAW
The subject of the study is certain issues of the historical development of Anglo-Saxon law. The objectives of the work are to identify and analyze the structured features characteristic of the Anglo-Saxon legal system in certain periods of its development. The methods include: analysis and synthesis. The results of the work are the identified features of law, divided into elements in the form of the laws of the king, customs and private rules; changes in the understanding of the legal status of an individual and a group; the importance of royal orders in the modern legal system of England. The results of the work can be applied for further research in the field of Anglo-Saxon law. The novelty consists in the step-by-step determination of the features identified during the study.
Keywords: English legal institutions, history of foreign countries, common law, Anglo-Saxon legal system, precedent, law of justice, Anglo-Saxon legal family, sources of law, people’s law, privileged law.
Article bibliography
1. Shuturova H. M. Main characteristics of the Anglo-Saxon legal family // Young scientist. – 2021. – No. 5 (347). – P. 213-214.
2. Borisov G. A. Theory of state and law: a tutorial. – Belgorod: BelSU. – 2006. – P. 238.
3. Rasskazov L. P. Anglo-Saxon legal family: genesis, main features and most important sources // Polythematic online electronic scientific journal of the Kuban State Agrarian University. – 2015. – P. 210-215.
4. Glazov D. V. Identification of the historical process of the emergence of differences in the regulation of contractual relations in the Romano-Germanic and Anglo-Saxon legal systems // Legal science. – 2024. – P. 286-290.
5. Budiono A. Anglo-Saxon common law system and the development of the legal system in Indonesia // University of Muhammadiyah of Surakarta. – 2023. – P. 207-213.
6. Ivaniv A. Legal precedent in the Anglo-Saxon legal family // Economics, finance, jurisprudence. – 2023. – P. 17-22.
7. Gorbatov A. V. Anglo-Saxon legal system // Young scientist. – 2016. – No. 9 (113). – P. 817-819.
8. Kharitonova T. A. Stages of development of the Anglo-Saxon legal system // Issues of Russian justice. – 2022. – P. 58-63.
9. Gaisarov R. I. History of the Anglo-Saxon legal family // Scythian. Issues of student science. – 2019. – P. 15-20.
10. Kitcha M. V. Judicial lawmaking in the context of the Anglo-Saxon legal tradition (Part 1) // North Caucasian Legal Bulletin. – 2020. – P. 315-344.
HISTORY OF THE STATE AND LAW
GERASIMENKO Artem Alexandrovich
adjunct of theAcademy of Management of the MIA of Russia
THE FIGHT AGAINST ECONOMIC CRIMES AT THE TURN OF THE 70S AND 80S OF THE 20TH CENTURY IN THE USSR
The article examines the activities to combat theft of socialist property and speculation in the USSR in the 1980s of the 20th century. The article considers the functioning of the service to combat economic crime, mainly in the above period. The problem of combating economic crime does not lose its relevance even now. At present, this problem is becoming more and more significant. The purpose of this article is to consider the attempt to solve the above problem in a particular historical period. I would like to believe that the analysis of the past will help to cope fully or partially with economic crime in the present and future.
Keywords: economic crimes, USSR, Ministry of Internal Affairs, All-Russian Research Institute, Central Committee of the CPSU, perestroika, acceleration, market economy, drug addiction, operational investigative activities.
Article bibliography
1. Russian police: three centuries of service To the Fatherland: in 2 parts. [Electronic resource] / Ed. V. L. Kubyshko. – M .: Academy of Management of the Ministry of Internal Affairs of Russia. 2019. – P. 173-175.
2. At the head of the Ministry of Internal Affairs of Russia (1802-2017): encyclopedia / Under the general editorship of prof. V. V. Chernykh. – Irkutsk: FGKOU VO VSI MVD of Russia. 2017. – P. 155-164.
3. History of the internal affairs bodies: a textbook / V. V. Chernykh. – Irkutsk: FGKOU VO VSI MVD of Russia, 2016. – P. 275-278.
4 . Borisov A. V., Malygin A. Ya., Mulukaev R. S. History of the Soviet militia: monograph / Ed. by Doctor of Law, Professor R. S. Mulukaev. – M.: Academy of Management of the Ministry of Internal Affairs of Russia, 2015. – P. 173-175.
5. Actual problems of the history of internal affairs bodies: a textbook / A. V. Borisov et al. – M.: Academy of Management of the Ministry of Internal Affairs of Russia, 2019. – P. 67-69.
HISTORY OF THE STATE AND LAW
KARTAMYSHEVA Olga Evgenjevna
Ph.D. in Law, associate professor of Law sub-faculty of the Azov State Pedagogical University
THE MECHANISM OF PROTECTION OF THE CONSTITUTIONAL RIGHTS AND FREEDOMS OF RUSSIAN CITIZENS: ANALYSIS OF THE PROBLEMS OF FUNCTIONING
The problems of protecting the constitutional rights and freedoms of Russian citizens. The Russian Federation has a mechanism for protecting the constitutional rights and freedoms of citizens, but the effectiveness of its functioning causes a lot of discussion. The purpose of the article is to study the peculiarities of the functioning of the legal system that has formed the function of protecting and protecting the constitutional rights of Russian citizens. The reliability and validity of the obtained research results is ensured by the theoretical analysis of scientific literature, the formal legal method, the analysis of legislation and structural and functional analysis. Based on the opinions of the research, the main areas where problems of constitutional protection of the rights and freedoms of Russian citizens are observed are systematized. It has been established that the dysfunction of legislation or its violation, the insufficient level of competence and mistakes of public officials are key factors that negatively affect the operation of the mechanism for the protection of rights and freedoms.
Keywords: constitutional rights, protection mechanism, judicial protection, legal relations, legality.
Article bibliography
1. Gerasimova N. R., Gadeeva A. E. Gaps in law and ways to eliminate them // Social and political sciences. – 2012. – No. 2. – P. 74-75.
2. The housing department of Novy Urengoy violated the rights of citizens / Federal press. – [Electronic resource]. – Access mode: https://fedpress.ru/news/russia/realty/397389 (date of access: 07/08/2024).
3. Kolosova N. M. Direct effect of the Constitution of the Russian Federation and the restriction of constitutional rights and freedoms of man and a citizen in the context of judicial practice // Journal of Russian Law. – 2019. – No. 8. – P. 36-47.
4. “The Constitution of the Russian Federation” (adopted by popular vote on 12.12.1993 with amendments approved during the all-Russian voting 01.07.2020) // SPS Consultant. – [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_28399/ (date of access: 14.07.2024).
5. Kostyleva L. V. Inequality of the population of Russia: trends, factors, regulation: monograph // Problems of territorial development. – Vologda: Institute of socio-economic development of territories of the Russian Academy of Sciences, 2011. – 223 p.
6. Mamatkazin I. R. Issues of structural and functional analysis in the law of social security // Russian law: education, practice, science . – 2021. – No. 6. – P. 19-31.
7. Neretin N. N. On the issue of the right of the accused to defense in criminal proceedings in Russia // Weightof the Orenburg State University. – 2009. – No. 3. – P. 93-95.
8. Pakhomov I. Free legal aid for the population will soon appear in the regions // Rossiyskaya Gazeta. – [Electronic resource]. – https://rg.ru/2007/03/15/uristi-narod.html (date of access: 02/08/2023).
9. The prosecutor’s office helped a disabled person collect compensation for violation of housing rights / Vesti Yamal. – [Electronic resource]. – Access mode: https://vesti-yamal.ru/ru/vjesti_jamal/prokuratura_pomogla_invalidu_vzyskat_kompensaciyu_za_narushenie_zhilishnykh_prav/ (date of access: 07/08/2024).
10. Judicial practice under Article 42 of the Constitution of the Russian Federation / Legal navigation system “Codes and Laws”. – [Electronic resource]. – Access mode: https://www.zakonrf.info/konstitucia/42/ (date of access: 02/08/2023).
11. “Labor Code of the Russian Federation” dated 12/30/2001 No. 197-FZ (as amended on 04/06/2024) // SPS Consultant. – [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_34683/7f8acd733d80fa84f4dc564ccab05236ba2ce1f9/ (date of access: 07.14.2024).
HISTORY OF STATE AND LAW
KAVALERYAN Artyom Karenovich
graduate of the Bachelor’s and Master’s degrees of the National Institute “Higher School of Economics”, postgraduate student of Administrative law sub-faculty of the O. E. Kutafin Moscow State Law University (MSLA), a publicist, an aspiring screenwriter and film producer
ISSUES OF THE PRE-REVOLUTIONARY AND SOVIET PERIOD IN THE ADMINISTRATIVE AND LEGAL REGULATION OF THE STATE MANAGEMENT OF THE CINEMA SPHERE
This article is a very first attempt at investigating the legal aspects of the formation of the institution of state regulation of the sphere of cinematography in Russia, its origin in the pre-revolutionary and development in the Soviet period, in order to generalize domestic practices and further improve the domestic legal system.
>Keywords: legal regulation, cinema, establishment of the institution, national legislation, law history.
Bibliographic list of articles
1. Tsivian Yuri. Censure Bans on Religious Subjects in Russian Film / F. Cosandey, A. Gaudreault and T. Gunning (eds.) // Une Unvention du diable? Cinema des premiers temps et religion. — An Invention of the Devil Religion and Early Cinema, Sainte-Foy. – Lausanne, 1992. – P. 71-80.
2. Drubek N. The Birth of Cinema in the Russian Empire and Film Censorship // Vestnik VGIK. – 2018. – No. 1. – P. 8-19.
3. Fedyuk A. V. Soviet System of Film Production and Distribution in the 1920s-1930s: diss. – Institute of History of the Siberian Branch of the Russian Academy of Sciences, 2009.
4. Serdyukov D. L. State Regulation of Cinematography of the Russian Federation in Historical Dynamics // Petersburg Economic Journal. – 2015. – No. 1. – P. 129-132.
5. Yudin K. A. Soviet film policy of the second half of the 1950s – late 1970s // The latest history of Russia. – 2022. – V. 12. No. 3. – P. 752-773.
CONSTITUTIONAL LAW
GABIEVA Siyasat Magomedovna
Ph.D. in Law, associate professor, associate professor of Constitutional and international law sub-faculty of the Dagestan State University, Makhachkala
GADZHIEVA Saida Ilyasovna
magister student of Constitutional and international law sub-faculty of the Dagestan State University, Makhachkala
THE PRINCIPLE OF SEPARATION AND INTERACTION OF POWERS IN THE SYSTEM OF RUSSIAN CONSTITUTIONALISM
The article examines the problem of implementing the principle of separation and interaction of powers in Russia . The purpose of the article is the features and main problems of implementing this principle. The main research methods are formal legal, comparative legal, and method of analysis. It is said that the principle of separation of powers is enshrined in Article 10 of the Russian Constitution. It is one of the basic principles of the constitutional system. Attention is focused on the changes introduced by the 2020 amendments to the process of implementing this principle. The result of the study was the conclusion that the Constitution of the Russian Federation, after amendments were made in 2020, strengthened the position of the executive branch, further weakening the judicial and legislative branches of the government, using them as a tool to achieve certain political goals, thereby destroying the principle of separation of powers and its significance and essence.
Keywords: state, power, society, the principle of separation and interaction of powers, constitutionalism.
Article bibliography
1. Antonenko T. A., Milyavskaya Yu. V. Dynamics of the implementation of the principle of separation of powers in the context of studying the constitutional reform of 2020 in the Russian Federation // Science and education: economy and economics; entrepreneurship ; law and management. – 2021. – No. 3 (130). – P. 68-70.
2. Volodina S. V. On the application of the principle of trust in the constitutional model of separation of powers in the Russian Federation // Bulletin of the O. E. Kutafin University (MSAL). – 2023. – No. 12 (112). – P. 115 -123.
3. Damirova K. R. Constitutional and legal foundations of interaction in the system of state power of the Russian Federation // Innovations. Science. Education. – 2021. – No. 40. – P. 71-79.
4 . Ismailova H. Ch., Magdilov M. M. Modern problems of implementing the principle of separation of powers in the Russian Federation // Bulletin of the Dagestan State University. Ser. 3: Social Sciences. – 2021. – Vol. 36. No. 3. – P. 75- 81.
5. Komandjaev E. A., Adyaeva B. A. Problems of implementing the principle of separation of powers in Russia / Badgaeva V. B., Shalkhakova D. S. and [others] // Issues of Russian and International Law. – 2022 . – V. 12. No. 6a. – P. 42-51.
6. Komarova V. V. Constitutional reform of 2020 in Russia (some aspects) // Actual problems of Russian law. – 2020. – No. 8 (117). – P. 22-31.
7. Pasternak A. M. Constitutional foundations of the principle of separation of powers in the Russian Federation at the present stage // International scientific journal “Bulletin of Science”. – 2023. – No. 7 (64) . T. 2. – P. 109-113.
8. Samyshin A. V. Implementation of the principle of separation of powers in the mechanism of the modern Russian state // Bulletin of Science. – 2022. – T. 2. No. 11 (56). – P. 160-166.
9. Yagafarova A. A. Interaction of government bodies and society in the implementation of the principle of separation of powers // Bulletin of the Institute of Law of the Bashkir State University. – 2023. – No. 4 (20). – P. 47 -53.
10. Napalkova I. G. The constitutional principle of separation of powers as a factor in the formation and development of Russian constitutionalism // Jurist-Pravoved. – 2020. – No. 3 (94). – pp. 199-203.
CONSTITUTIONAL LAW
NARTIKOV GeorgIy Albertovich
postgraduate student of the K. L. Khetagurov North Ossetian State University, Vladikavkaz
GATSOLAEVA Aleftina Khadzibekirovna
Ph.D. in Law, associate professor of Theory and history of state and law sub-faculty of the K. L. Khetagurov North Ossetian State University, Vladikavkaz
FEATURES OF THE IMPLEMENTATION OF THE CONSTITUTIONAL RIGHT OF CITIZENS TO APPEAL TO THE JUDICIAL AUTHORITIES AS A PUBLIC AUTHORITY IN THE RUSSIAN FEDERATION
The article examines the specifics of the implementation of constitutional law in the context of social transformations and the specifics of citizens’ interaction with public authorities. Using the example of the territorial bodies of justice, the existing legal system of citizens’ implementation of constitutional law by sending appeals is considered. The measures recommended proposed in the scientific community to optimize the constitutional law implemented by citizens of the Russian Federation, including in terms of advantages and disadvantages, have been studied. A different approach is proposed by systematizing the approach of territorial judicial authorities to processing citizens’ appeals, taking into account the possibility of using artificial intelligence, dividing civil servants into performing professional duties within a wide and narrow profile, involving other relevant departments and implementing elements of case law as a basis for forming proposals related to constitutional law for consideration by the State Duma of the Russian Federation.
Keywords: constitutional law, citizen, appeal, judicial body, public authority.
Article bibliography
1. Antonova N. V., Kim A. V. Development of administrative functions of territorial justice bodies in modern Russia // Bulletin of Moscow State Pedagogical Univ. Series: Legal Sciences. – 2019. – No. 1 (33). – P. 31-37.
2. Zmievsky D. V., Pavlov S. Yu. Features of the implementation of the constitutional right to receive free legal aid in the Chuvash Republic // Bulletin of the RUK. – 2016. – No. 1 (23). – P. 110-112.
3. Is there case law in Russia? // Advocate newspaper. – [Electronic resource]. – Access mode: https://www.advgazeta.ru/novosti/est-li-v-rossii-pretsedentnoe-pravo/?ysclid=lut2t0anvt566861503 (date of access: 10.04.2024).
4. Idrisova A. R. Activities of the Ministry of Justice at the level of a constituent entity of the Russian Federation: some problems and solutions // Issues of Russian justice. – 2021. – No. 15. – P. 41-49.
5. Nefedyeva E. A. Implementation of the constitutional right to judicial protection in Buryatia during the introduction of the lawyer monopoly // Education and Law. – 2022. – P. 4-14.
6. Reviews of citizens’ appeals // Ministry of Justice of the Russian Federation. – [Electronic resource]. – Access mode: https://minjust.gov.ru/ru/appeals/letters/ (date of access: 10.04.2024).
7. The procedure for submitting bills to the State Duma and their preliminary consideration // State Duma of the Federal Assembly of the Russian Federation. – [Electronic resource]. – Access mode: http://duma.gov.ru/duma/about/regulations/chapter-12/ (date of access: 10.04.2024).
8. Procedure for handling appeals from citizens and organizations, reception of citizens // Judicial and regulatory acts of the Russian Federation. – [Electronic resource]. – Access mode: https://sudact.ru/law/prikaz-miniusta-rossii-ot-02082023-n-207/reglament-ministerstva-iustitsii-rossiiskoi-federatsii/xiii/?ysclid=luszdqxk9d64687498 (date of access: 10.04.2024).
9. Decree of the President of the Russian Federation of 13.01.2023 No. 10 “Questions of the Ministry of Justice of the Russian Federation” // Federal Bailiff Service. – [Electronic resource]. – Access mode: https://fssp.gov.ru/storage/fssp_legacy/fssp/db/files/00npa2023/ukaz_prf_10_polozhenie_o_mjust_20231231110.pdf (date of access: 10.04.2024).
CONSTITUTIONAL LAW
NOVOPAVLOVSKAYA Elena Evgenjevna
Ph.D. in Law, associate professor, associate professor of State and municipal management sub-faculty of the S. P. Korolev Samara National Research University
ISSUES OF LEGISLATIVE SUPPORT OF THE ELECTORAL PROCESS IN THE RUSSIAN FEDERATION (BASED ON FOREIGN EXPERIENCE)
The article examines the issues of legislative support for the electoral process in the Russian Federation, which arose in connection with the complicated structure of electoral legislation and insufficiently effective law enforcement. The inadmissibility of borrowing the experience of individual states in terms of involving bodies of constitutional jurisdiction in the regulatory legal support of the electoral process is substantiated. It is stated that in order to improve the quality of the regulatory legal regulation of the electoral process in the Russian Federation, it seems advisable to codify the relevant legal norms. The proposed approach to the structure of the Electoral Code of the Russian Federation will significantly stabilize the legislative support of the electoral process and simplify law enforcement.
Keywords: electoral process; codification; Electoral Code; foreign experience.
Article bibliography
1. Bosova E. N. Electoral Code of the Russian Federation: reserves and risks of systematization // Electoral legislation and practice. – 2019. – No. 2. – P. 8-14.
2. Vinogradov V. A. Codification of electoral legislation is a topical issue // Citizen. Elections. Power. – 2016. – No. 4. – P. 43-46.
3. Israelyan V. B. Features of judicial protection of electoral rights of citizens in the Russian Federation: dissert. … Cand. of Law. – M., 2004. – 242 p.
4. Kudryashov E. O. Instead of the Electoral Code of the Russian Federation // Law and Politics. – 2023. – No. 2. – P. 10-19.
5. UN Human Rights Council, Report of the Special Rapporteur on the independence of judges and lawyers, Diego García-Sayán, 9 June 2017, A/HRC/35/31. [Electronic resource]. – Access mode: https://documents-dds-ny.un.org/doc/UNDOC/GEN/G17/159/85/PDF/G1715985.pdf.
CONSTITUTIONAL LAW
BOGUSLAVSKAYA Natalya Aronovna Ph.D in Law, associate professor, associate professor of State and legal disciplines sub-faculty of the Far Eastern branch of the Russian State University of Justice, Khabarovsk
THE PRINCIPLE OF CONSTITUTIONAL IDENTITY WITHIN THE FRAMEWORK OF THE PROTECTION OF TRADITIONAL VALUES
The article examines the concept and features of the principle of constitutional identity, notes the role of the Constitutional Court of the Russian Federation in enshrining and implementing this principle in law enforcement practice, identifies threats to traditional values, analyzes changes in legislation aimed at protecting traditional values within the framework of implementing the principle of constitutional identity, and proposes directions for improving legislation in order to ensure the protection of traditional values.
Keywords: principle of constitutional identity, constitutionally significant values, traditional values, foundations of constitutional order, threat to national security.
Article bibliography
1. Berdnikova E. V., Kulikova S. A. Political and legal mechanisms for the formation of Russian constitutional identity in the context of the information society // News of the Saratov University. New series. Series : Economy. Management. Law. – 2023. – Vol. 23. Issue 4. – P. 460-470.
2. Belosludtsev O. S. Constitutional identity in the doctrine of constitutional law and the practice of constitutional justice bodies: Abstract. diss. … candidate of legal sciences. – Kazan, 2022. – 23 p.
3. Anichkin E. S., Ryakhovskaya T. I. “Constitutional identity”: on the issue of specifying the term // Bulletin of Tomsk State University. – 2019. – No. 446. – P. 196-201.
4. Gadzhiev G. A. Constitutional identity and human rights in Russia. [Electronic resource]. – Access mode: https://ksrf.ru/ru/News/Documents/report_%D0%93%D0%B0%D0%B4%D0%B6%D0%B8%D0%B5%D0%B2%20_2016. pdf (date accessed: 02.07.2024).
5. Speech by the Chairman of the Constitutional Court of the Russian Federation V.D. Zorkin “Constitutional identity of Russia: doctrine and practice”. [Electronic resource]. – Access mode: https://ksrf.ru/ru/News/Speech/Pages/ViewItem.aspx?ParamId=82 (date of access: 02.07.2024).
CONSTITUTIONAL LAW
OMAROV Hamid Arsenovich
master student of the 2nd course 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
EVOLUTION OF CONSTITUTIONAL AND LEGAL REGULATION OF THE CONSTITUTIONAL SYSTEM IN THE BASIC LAWS OF RUSSIA
This article examines the evolution of the constitutional and legal regulation of the constitutional system in Russia since 1917, and also analyzes the current changes taking place in the Constitution of the Russian Federation of 1993. The authors consider a long period, key stages of the evolution of the foundations of the constitutional system in the basic laws of the Russian state. Historical, political and social factors that influenced the formation of the basic laws of the country are analyzed. Particular attention is paid to modern challenges and prospects for the development of constitutional law in Russia, the main amendments of 2020 to the Constitution of the Russian Federation are considered. With regard to the amendments of 2020, it is concluded that the changes contribute to strengthening the Russian state, developing the integrity and sovereignty of the country. The first part of the article is theoretical and overview. Briefly, but in a sufficiently meaningful form, it presents various points of view on the concept and essence of the constitutional system of the Russian Federation, proposed by modern researchers. The regulatory framework governing legal relations in this area is considered. The second part of the article is devoted to practical issues of improving the constitutional system of the Russian Federation. The author explores the evolution of the consolidation of the foundations of the constitutional system in the basic laws of Russia, and also examines the main constitutional amendments of 2020, and changes in Russian legislation.
Keywords: Constitution of the RSFSR, dictatorship of the proletariat, democracy, revolution, class struggle, government, state.
Article bibliographic list
1. Agafonov M. V. Theoretical and legal aspects of the formation and development of the principle of priority of human and civil rights and freedoms // Bulletin of the Ural Law InstituteInstitute of the Ministry of Internal Affairs of Russia. – 2020. – No. 1 (25). – P. 57-63.
2. Avakyan S. A. Constitutional Law of Russia: Textbook: [in 2 volumes] Volume 1. – M .: Norma, Infra – M, 2022. – 864 p.
3. Bredikhin A. L., Gonchar A. A. “The Constitution of Victorious Socialism” of 1936 in the Political System of the Soviet State // Law and Right. – 2022. – No. 6. – P. 17-23.
4. Kozlova E. I. Constitutional Law of Russia: textbook / O. E. Kutafin; Moscow State Law University named after O. E. Kutafin (MSAL); E. I. Kozlova. – Moscow: Prospect, 2020. – 578 p.
5. Malysheva K. V. Constitution of the RSFSR of 1918 and the Constitution of the RSFSR of 1978: comparative characteristics // State and Law: evolution, current state, development prospects (for the 100th anniversary of the formation of the USSR): Proceedings of the XIX international scientific and theoretical conference. In 2 parts, St. Petersburg, April 28-29, 2022 / Edited by N. S. Nizhnik, compiled by N. S. Nizhnik, E. N. Kozinnikova. Volume Part II. – St. Petersburg: St. Petersburg University of the Ministry of Internal Affairs of the Russian Federation, 2022. – Pp. 281-285.
6. Moiseev S. V. Constitution of the socialist type (USSR Constitution of 1977) // Altai Legal Bulletin. – 2023. – No. 2 (42). – P. 76-82.
7. Pashentsev D. A. The Constitution of the RSFSR of 1918 as a monument of the revolutionary era (On the 100th anniversary of the first Russian Constitution) // State and Law. – 2018. – No. 11. – P. 90-96.
8. Pushkarev E. A. Development of the concept of sovereign democracy in Russia: theoretical analysis // Philosophy of Law. – 2021. – No. 2 (97). – P. 61-66.
9. Stepanova E. A. Form of government in modern Russia in the context of amendments to the Constitution of the Russian Federation of 2020 // Young scientist. – 2022. – No. 15 (410). – P. 324-329.
10. Shubin A. V. Constitution of the RSFSR 1918 // Russian Historical Encyclopedia. Volume 9. – Moscow: Education: Arbis, 2020. – P. 285-288.
CONSTITUTIONAL LAW
SAIDOV Khalil Akhmedovich
magister student of the 1st year of correspondence studies of the Institute of Law of the Dagestan State University, Makhachkala
NIMATULAEVA Ravzanat Abdulzagirovna
Ph.D. in Law, associate professor of Constitutional and international law sub-faculty of the Dagestan State University, Makhachkala
THE CONSTITUTIONAL PRINCIPLE OF SEPARATION OF POWERS AND ANTI-CORRUPTION ISSUES
The scientific article is devoted to the study of the importance of constitutional principles in the law enforcement activities of the Russian Federation. The article examines the essence and role of the basic constitutional principles, such as the principle of the rule of law, the principle of separation of powers and the principle of inviolability of the constitutional system. The authors analyze the historical context of the formation of these principles, their relationship with international norms of law, as well as their importance for ensuring stability, legality and justice in public administration. Special attention is paid to the practical application of constitutional principles by courts and other judicial bodies, their role in ensuring respect for the rights and freedoms of citizens, as well as ensuring the effective functioning of the rule of law.
Keywords: separation of powers, corruption, anti-corruption policy, judicial independence, public control, legal culture, international cooperation.
Article bibliography
1. Aleshkova I. A. Concept and features of the principles of constitutional law // Law and state: theory and practice. – 2019. – No. 4 (172). – P. 27-33.
2. Galiy E. A., Borisevich M. G. Corruption in government bodies of the Russian Federation // Actual problems of science and technology: Collection of scientific articles based on the materials of the X International scientific and practical conference. In 2 parts, Ufa, February 10, 2023. Volume Part 2. – Ufa: Limited Liability Company “Scientific Publishing Center” Vestnik Nauki “, 2023. – P. 32-40.
3. Osavelyuk E. A. Principles of constitutional law: concept and types // Bulletin of economic security. – 2021. – No. 6. – P. 132-136.
4. Olkhovskaya V. E. Principles of combating corruption: concept, purpose, classification // December legal readings. Almanac of lectures: Materials of regional (interuniversity) scientific and practical conferences, Krasnoyarsk, December 01-08, 2020. Volume Issue 2. – Krasnoyarsk: Krasnoyarsk State Agrarian University, 2020. – P. 97-100.
5. Filatov V. D., Smolyanova I. V. Combating corruption in the system of state and municipal administration // Development of science and practice in a globally changing world in the face of risks: Collection of materials of the XII international scientific and practical conference (code – MKRNP), Moscow, July 22, 2022. – Moscow: Publishing house “OOO” IROK “; Limited Liability Company “Publishing house ALEF”, 2022. – P. 399-407.
CONSTITUTIONAL LAW
THAROVSKAYA Olga Yurjevna
lecturer of Special disciplines sub-faculty of the Krasnodar University of the MIA of Russia
MALTSEVA Elena Valerjevna
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Volzhskiy branch of the International Law Institute
RUSSU Oksana Dmitrievna
Ph.D. in philosophical sciences, associate professor of General humanitarian disciplines sub-faculty of the Volzhskiy branch of the International Law Institute
THE STATE AND THE FAMILY: THE LEGAL FOUNDATIONS OF INTERACTION AND THEIR IMPLEMENTATION
The article draws attention to the need for a more detailed study of the features of interaction between the state and the family in Russia at the present stage. Of particular interest are the provisions of civil and family legislation, which consolidate the basis for such interaction and determine the strategy of state development, in which the family is designated as an important socio -cultural element of modern Russian society.
Keywords: state, family, interaction, motherhood, state support, cash payment, allowance, large family, children.
Article bibliography
1. Baryshnikova T. Yu. Maternity capital as a special type of social security: family-law and civil-law aspects // Bulletin of labor law and social security law. – 2010. – No. 5. – P. 52-64.
2. Tkachenko A. V. Bogatova E. V. Protection of motherhood and childhood, family as an element of state family policy // Social, economic and humanitarian journal of Krasnoyarsk State Agrarian University. – 2021. – No. 2. – P. 47-53.
3. Analytical data on the amounts and directions of spending maternity (family) capital in the constituent entities of the Russian Federation // Maternity capital.ru. [Electronic resource]. – Access mode : https://materinskij-kapital.ru/region/ (date accessed: 10/31/2023).
4. Bobrakova N. V., Sukhomlinova L. A., Tkharovskaya O. Yu. Features of the exercise of parental rights by minor parents // Leningrad Law Journal. – 2020. – No. 3 (61). – P. 96-108.
5. Tkharovskaya O. Yu. Maternal (family) capital: myth or reality? // In the collection: Actual problems law and law enforcement activities at the present stage. Proceedings of the international scientific and practical conference. – Krasnodar University of the Ministry of Internal Affairs of Russia, Novorossiysk branch of the Krasnodar University of the Ministry of Internal Affairs of Russia, OOO “Publishing House – Yug”. – 2012. – P. 330-334.
References:
1. Baryshnikova T. Yu. Maternity capital as a special type of social security: family law and civil law aspects // Bulletin of Labor Law and Social Security Law. – 2010. – No. 5. – Pp. 52- 64.
2. Tkachenko A. V. Bogatova E. V. Protection of motherhood and childhood, family as an element of state family policy // Socio-economic and Humanitarian Journal of the Krasnoyarsk State Agrarian University. – 2021. – No. 2. – Pp . 47-53.
3. Analytical data on the amounts and directions of expenditure of maternal (family) capital in the subjects of the Russian Federation. [Electronic resource]. – Access mode: https://materinskij-kapital.ru/region / (accessed: 10.31.2023).
4. Features of the exercise of parental rights by minor parents // Leningrad Law Journal. – 2020. – No. 3 (61). – Pp. 96-108.
5. Tharovskaya O. Yu. Maternal (family) capital: myth or reality? // In the collection: Current problems of law and law enforcement at the present stage. Materials of the international scientific and practical conference. Krasnodar University of the Ministry of Internal Affairs of Russia, Novorossiysk branch of Krasnodar University of the Ministry of Internal Affairs of Russia, Publishing House – Yug LLC. – 2012. – Pp. 330-334.
ADMINISTRATIVE LAW
VASILJEV Alexey Alexandrovich
Ph.D. in Law, associate professor of Prosecutorial supervision and criminology sub-faculty of the Saratov State Law Academy, Deputy of the Saratov Interdistrict Environmental Prosecutor of the Volga’s Interregional Environmental Prosecutor’s Office, counselor of justice
ISAEV Ilya Denisovich student of the Institute of Public Prosecutor’s Office of Saratov State Law Academy
ON THE ISSUE OF ILLEGAL PLACEMENT OF CAPITAL CONSTRUCTION FACILITIES ON WATER BODIES
The article deals with the problem of illegal placement of capital construction facilities on water bodies. The authors analyze the legislative norms and requirements related to the protection of water resources and land use in water protection zones. Special attention is paid to possible ways to solve the problem. Cases of illegal construction of shore protection structures and private piers are discussed, which leads to a decrease in the water area of water bodies. The study also highlights the importance of improving legal regulation and monitoring to prevent such violations and protect water resources.
Keywords: hydraulic structures, water bodies, land plots, shoreline, lands of the water fund.
Article bibliography
1. Shupletsova Yu. I. Certain features of the legal regime of the coastal strip // Property relations in the Russian Federation. – 2021. – No. 11 (242).
2. Amashukeli S. A. Environmental and legal significance of the implementation of the principle of the relationship of water bodies and hydraulic structures that form the water management system (based on the analysis of judicial practice) // Actual problems of Russian law. – 2022. – No. 8 (141).
ADMINISTRATIVE LAW
KERAMOVA Saida Nazirovna
senior lecturer of administrative and financial law sub-faculty of the Dagestan State University, Makhachkala
DADAEVA Malika
magister student of Civil law sub-faculty of the Dagestan State University, Makhachkala
THE PLACE AND ROLE OF THE FEDERAL TREASURY IN THE SYSTEM OF STATE FINANCIAL CONTROL BODIES
The article examines the place and role of the Federal Treasury in the system of state financial control. It is said that financial control over public expenditures should be considered an important area of activity of the Federal Treasury. The regulatory framework for internal state financial control and the main functions of the Russian Treasury for the implementation of state financial control are reflected. The main directions and methods of implementing financial control are considered. Some problems arising in the activities of the Russian Treasury are listed. Measures are proposed to improve its effectiveness. In conclusion, the following conclusions are made: The Federal Treasury, playing a significant role in the Russian financial system, exercises internal state financial control and directs its efforts to improve financial control methods, thereby creating a reliable information base for making management decisions.
Keywords: Federal Treasury, Constitution of the Russian Federation, state financial control bodies, financial system, budget code of the Russian Federation.
Article bibliographic list
1. Abasova M. A. Federal of the Treasury in the budget process // Trends in the development of science and education. – 2021. – No. 79-3. – P. 6-9.
2. Belyanskaya O. V., Shepeleva D. V. Features of expression and implementation of the principles of budgetary control // Legal Bulletin. – 2019. – Vol. 4. No. 2. – P. 7-14.
3. Voronenko E. V. Federal Treasury as a body for managing and controlling public expenditure: legal aspects // Essays on the latest cameralistics. – 2023. – No. 1. – P. 2-6.
4. Zemlyanskaya N. I. Public expenditures as a concept of financial and legal science // Bulletin of the University named after O. E. Kutafin. – 2017. – No. 8. – P. 49-55.
5. Marinich Yu. V. Functions of the Treasury in the System of State Executive Authorities // Trade and Market. – 2022. – Vol. 2. No. 4-1 (64). – P. 133-139.
6. Musaev N. M. Federal Treasury as a Subject of Internal State Financial Control of the Russian Federation (on the Example of the Federal Treasury Administration for the Nizhny Novgorod Region) // Bulletin of the Nizhny Novgorod Institute of Management. – 2023. – No. 2 (68). – P. 17-28.
7. Stepashkina E. N., Kozlov A. S. Legal Problems of Financial Control (on the Example of the Federal Treasury Bodies of the Russian Federation) // Contentus. – 2023. – No. 1. – P. 97-106.
8. Fatkhutdinov A. R. Place and role of the Federal Treasury in the system of state financial control // Modern trends in economics and management: a new look. – 2015. – P. 98-101.
9. Simko N. N. Financial system of the Russian Federation: place and role of the Federal Treasury as an internal state financial control body // Research of young scientists: materials of the X International scientific conference (Kazan, May 2020). – Kazan: Young scientist, 2020. – P. 33-41.
ADMINISTRATIVE LAW
MIFTAKHOV Renat Lenarovich
Ph.D. in Law, associate professor, associate professor of State and legal disciplines sub-faculty of the Kazan branch of the Russian State University of Justice
RAKHMATULLINA Renata Maratovna
student of the Faculty for Training Specialists for the Judiciary (faculty of law) of the Kazan branch of the Russian State University of Justice
NOVELTIES OF ADMINISTRATIVE AND LEGAL REGULATION OF INTERNET SING IN RUSSIA
The article analyzes the novelties of administrative and legal regulation of advertising activities in Russia, introduced by Federal Law No. 347-FZ of July 2, 2021. The goals andobjectives of making changes are disclosed, the main innovations are investigated and their impact on the effectiveness of the advertising market is assessed.
The article considers, among other issues: strengthening control over the advertising market by the FAS of Russia; improving the quality and reliability of advertising information received by consumers; reducing risks to consumers from unfair advertising, etc. The application of the new standards will minimize the negative consequences of unfair advertising and improve the conditions for the development of fair competition.
Keywords:Advertising labeling, online advertising, advertiser, advertising distributor, advertising data operator, administrative and legal regulation, administrative responsibility.
Article bibliographic list
1. Shuvalova M. Labeling advertising on the Internet: latest clarifications. – [Electronic resource]. – Access mode: https://www.garant.ru/article/1660666/ (date of access: 05/28/2024).
2. Chumakova P. E. Advertising labeling: importance, rules and modern standards // Young scientist . – 2023. – No. 40 (487). – P. 288-291.
3. Sysoeva E. A. Domestic Internet advertising market after the introduction of the labeling system // Competence. – 2022. – No. 8. – P. . 10-14.
4. Vyrostkova A. A. Law on labeling advertising on the Internet and its impact on the market // Modern trends in management, economics and finance in the era of digitalization: Collection of articles based on the results of the XIX All-Russian scientific and practical conference of students , master’s students, postgraduate students with international participation, Chelyabinsk, March 15, 2023. – Chelyabinsk: Pero Publishing House, 2023. – P. 305-309.
5. Burlaka S. N. Problems of legal regulation of advertising on the Internet // Notes of a scientist. – 2022. – No. 9. – P. 231- 234.
6. Seidvalieva A. R. New law on labeling advertising on the Internet // Eurasian Advocacy. – 2023. – No. 6 (65). – pp. 44-45.
ADMINISTRATIVE LAW
MOROZOV Sergey Andreevich
assistant of Administrative and financial law sub-faculty of the Faculty of Law of the N. I. Lobachevsky National Research Nizhny Novgorod State University
FUNCTIONS OF ADMINISTRATIVE CONTROL AND SUPERVISORY PROCEDURES
In this article, the author examines the role of administrative control and supervisory procedures, focusing on their main functions. Various functions are considered, including ensuring legality, reducing administrative discretion, minimizing corruption risks, protecting the rights and freedoms of citizens and organizations, as well as resolving administrative and legal disputes. It is emphasized that control and supervision procedures contribute to the formation of open and effective public administration, ensure compliance with legal norms and contribute to the protection of the rights of citizens and organizations.
Keywords: functions , administrative procedures, administrative control and supervision procedures, legality, combating corruption, administrative discretion.
Article bibliography
1. Martynov A. V. Administrative supervision in Russia: theoretical foundations of construction: monograph / Ed. by Yu. N. Starilov. – M.: UNITY-DANA: Law and Right, 2017. – 183 p.
2. Morozova L. A. Theory of State and Law: textbook. – 6th ed., revised and enlarged. — Moscow: Norma: INFRA-M, 2024. — 464 p.
3. Nozdrachev A. F. Legal regulation of state control. – Moscow: NITs INFRA-M, 2012. – 480 p.
4. General theory of law. Lecture course [Text] / Under the general editorship: Babaev V.K. – Nizhny Novgorod: Publishing House Nizhegorod. Higher School of the Ministry of Internal Affairs of the Russian Federation, 1993. – 544 p.
5. Radko T.N. Concept and characteristics of the functions of law // Bulletin of the Academy of Law and Management. – 2016. – No. 3 (44). – P. 22-30.
6. Rossinsky B. V., Starilov Yu. N. Administrative Law: Textbook for Universities. – 4th ed., revised. and add. – Moscow: Norma: INFRA-M, 2010. – 928 p.
7. Rossinsky B.V., Starilov Yu.N. Administrative law: textbook [Text]. – 6th ed., revision. – Moscow: Norma: INFRA-M, 2020. – 640 p.
8. Tsyganov V.I. Theory of state and law: abstracts of lectures. – Nizhny Novgorod: Nizhny Novgorod State University named after. N. I. Lobachevsky, 2015. – 219 p.
ADMINISTRATIVE LAW
CHERENKOVA Polina Alexandrovna
procurement specialist
YAKUNIN Dmitriy Vladimirovich
Ph.D. in Law, associate professor, associate professor of State and legal disciplines sub-faculty of the Far-Eastern branch of the Russian State University of Justice, Khabarovsk, Chairman of the Public Council of the State Order Committee of the Government of the Khabarovsk Territory
THE PROBLEM OF THE BALANCE OF INTERESTS IN THE IMPLEMENTATION OF THE MECHANISM OF UNILATERAL REFUSAL OF THE CUSTOMER TO EXECUTE THE STATE (MUNICIPAL) CONTRACT
The article considers the problem of implementing the mechanism of unilateral refusal of the customer to execute the state (municipal) contract. The study analyzed the possibility of unmotivated unilateral refusals by unfair customers from contract enforcement and abuse of the right. Using the example of a specific situation, typical mistakes of the customer when exercising their right to unilateral refusal to fulfill the contract are revealed. It is noted that the legality of a unilateral refusal to execute a contract is determined by both the presence of legal grounds and compliance with the established procedure.
Keywords: contract system, purchases, one-sided refuse of customer, founding of one-sided refuse, unilateral cancellation of the agreement, unfair customer.
ADMINISTRATIVE LAW
TSAPINA Veronika Andreevna
student of the 2nd course of the Faculty of Law of the Kuban State Agrarian University, Krasnodar
KURBANOV Alexey Vadimovich
student of the 2nd course of the Faculty of Law of the Kuban State Agrarian University, Krasnodar
KHACHATRYAN Artyom Eremovich
student of the 2nd course of the Faculty of Law of the Kuban State Agrarian University, Krasnodar
CHERNOV Yuriy Ivanovich
Ph.D. in Law, associate professor of Administrative and financial law sub-faculty of the Kuban State Agrarian University, Krasnodar
MINORS AS SUBJECTS OF ADMINISTRATIVE RESPONSIBILITY
The author is devoted to this study to the study of changes in the nature of administrative offenses committed by minors. The law enforcement practice and statistics are analyzed, indicating an increase in the number of offenses by minors, including acts of violence and aggression. The author suggests ways to solve the identified problems and discusses the limitations of the powers of commissions on juvenile affairs. This article presents an important study of current trends in the field of administrative responsibility of minors and possible changes in legislation.
Keywords: administrative law, administrative responsibility, minors, administrative offense, legal status, types of administrative penalties.
Article bibliographic list
1. Soldatov A. P., Bratanovsky S. N. Administrative liability of minors in Russia: issues of theory and practice // Works of the Academy of Management of the Ministry of Internal Affairs of Russia . – 2022. – No. 3 (63). – P. 52-61.
2. Powers of the prosecutor in proceedings on administrative offenses in the Russian Federation [Text]: theory and practice: [monograph] / [Melekhin A . V. et al.]; Acad. of the Prosecutor General’s Office of the Russian Federation, Research Institute. – Moscow: Prospect, 2016. – 351 p.
3. Manukyan A. M. The system of public administration of education in Russia // Forum of young scientists. – 2019. – No. 11 (39). – P. 267-272.
4. Vasilyeva Ya. V. Administrative and jurisdictional powers of commissions on minors and protection of their rights and their role in the prevention of crimes and other offenses of minors // Penitentiary science. – 2016. – No. 3 (35). – P. 34-39.
5. Antonova L. B. Problems of appointment of administrative punishments // Bulletin of the VI Ministry of Internal Affairs of Russia. – 2015. – No. 2. – P. 75-78.
6. Kikot V. Ya., Kononov P. I., Kilyaskhanov I. Sh. Administrative law of Russia: a textbook for university students studying in the specialty “Jurisprudence » / edited by V. Ya. Kikot, P. I. Kononov, I. Sh. Kilyaskhanov. – 5th ed., revised and enlarged. – M.: UNITY-DANA: Law and Law, 759 p.
CIVIL LAW
ALIEVA Rahimat Suleymanovna
magister student of the 1st year of the correspondence form of study of the Institute of Law of the Dagestan State University, Makhachkala
SULEYMANOVA Saltanat Akhmedovna
Ph.D. in Law, associate professor of Civil law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
THE CIVIL STATUS OF STATE-OWNED INSTITUTIONS IN THE RUSSIAN FEDERATION
The article discusses in detail the main characteristics of state-owned institutions, including their legal capacity, property management features, financing and control of activities. State-owned institutions are legal entities that do not have the right of ownership of the property assigned to them, which is in state ownership and assigned to them by the right of operational management. The activities of state-owned institutions are financed exclusively from the State budget, which imposes strict obligations on them to comply with budget legislation and financial discipline. One of the key aspects of the study is the limited legal capacity of state institutions. They can only carry out those actions thatare provided for by their charters and are directly related to the fulfillment of the tasks assigned to them. The relationship of state-owned institutions with other subjects of civil law is based on contracts, but their legal status entails certain features, including the impossibility of recognizing bankruptcy and fulfilling obligations at the expense of the state budget.
Keywords: separation of powers, corruption, anti-corruption policy, judicial independence, public control, legal culture, international cooperation.
Article bibliography
1. Zagrebnev A. A. Civil status of state-owned institutions in the Russian Federation // Actual problems of science and practice: Gatchina readings – 2021: Collection of scientific papers based on the materials of the VIII International scientific and practical conference, Gatchina, May 21-22, 2021. Volume 2. – Gatchina: State Institute of Economics, Finance, Law and Technology, 2021. – P. 77-80.
2. Sergienko V. A. Civil liability of institutions // Issues of sustainable development of society. – 2021. – No. 6. – P. 397-402.
3. Savina A. M. State-owned institutions as subjects of economic relations // 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 up to 2030: Collection of abstracts of speeches and reports of participants in the International Scientific and Practical Conference on the Problems of Execution of Criminal Punishments, Ryazan, November 17-18, 2022. Volume 2. – Ryazan: Academy of Law and Management of the Federal Penitentiary Service, 2022. – P. 1322-1326.
4. Filippova A. I. Improving the civil-legal basis for the activities of state-owned institutions of the Ministry of Internal Affairs of Russia // Power of Law. – 2020. – No. 3 (43). – P. 137-142.
5. Chukina E. D., Tkachenko I. Yu. Normative and legal regulation of the activities of state-owned institutions // Innovative research: problems of implementing results and development trends: Collection of articles from the International Scientific and Practical Conference, Yekaterinburg, August 27, 2022. – Ufa: Limited Liability Company “OMEGA SCIENCES”, 2022. – P. 70-74.
CIVIL LAW
АLSYNBAEVA Elvira Makhamatovna
Ph.D. in Law, associate professor of Civil law sub-faculty of the Institute of Law of the Ufa University Science and Technology
REZYAPOVA Gyzel Fratovna
Ph.D. in philosophy sciences, associate professor of Civil law of the Institute of Law of the Ufa University Science and Technology
SPECIFICS OF APPLICATION OF ESCROW ACCOUNT AGREEMENT IN SHARED CONSTRUCTION
The use of the institution of an escrow account agreement in relations related to participation in shared construction raises many questions both among professional participants in these relations (developers and authorized banks) and among participants in shared construction (equity holders). The method presented by the state to protect the shareholder from unfair actions of the developer has both unconditional advantages and significant disadvantages. The study made it possible to identify the actual nature of the regulation introduced by the legislator, but at the same time to point out the existing shortcomings and possible negative consequences, as well as formulate proposals for improving the legislation.
Keywords: escrow, escrow account agreement, shared participation in construction, developer, participants in shared construction, developer, authorized bank.
Item-by-item bibliographic list
1. Bogdanov D. E., Bogdanova S. G. Legal nature of the conditional deposit agreement (escrow) // Bulletin of the O. E. Kutafin University. 2018. No. 10. pp. 55-66.
2. Large Law Dictionary. 3rd ed. supplemented and revised / Ed. by prof. A. Ya. Sukharev. M.: INFRA-M, 2008. VI, 858 p.
3. Bychkov A. Features of the legal regime of an escrow bank account // Banking Review. Supplement “BankNadzor”, 2018, No. 2. [Electronic resource]. Access from the reference and legal system “ConsultantPlus” (date of access: 05.05.2024).
4. Dubnova D.K. Escrow account in Russian law // Bulletin of the Saratov State Law Academy. 2016. No. 5. P. 83-86.
5. Vitryansky V.V. Reform of Russian civil legislation: interim results. 2nd edition, revised and supplemented. M.: Statute, 2018. 526 pp.
CIVIL LAW
ANANJEVA Ekaterina Olegovna
Ph.D. in Law, associate professor, associate professor of Civil law and process sub-faculty of the Institute for the Training of State and Municipal Employees of the Academy of the FPS of Russia
IVLIEV Pavel Valentinovich
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Institute for Training State and Municipal Employees of the Academy of the FPS of Russia
PROSPECTS FOR THE DEVELOPMENT OF FINANCIAL LEASING IN THE REAL ESTATE SECTOR
This article examines a promising way of developing the real estate market in our country as financial leasing of real estate. The main advantages of this investment method are examined in detail, and the main problems and difficulties that hinder the rapid formation and development of financial leasing of real estate in our country are studied. An assessment of the effectiveness of financial leasing of real estate is also carried out in comparison with conventional rental of housing, as well as mortgages. A conclusion is also made about the attractiveness of real estate leasing in the medium term.
Keywords: financial lease of real estate, civil code, leasing company, lessee, lessor, landlord, tenant, lessor , housing issue, real estate seller.
Article bibliography
1. “Civil Code of the Russian Federation (part two)” dated 26.01.1996 No. 14-FZ (as amended on 01.07. 2021, as amended on 07/08/2021).
2. Federal Law “On Financial Lease (Leasing)” dated 10/29/1998 No. 164-FZ (latest revision).
3. Federal Law “On State Registration real estate” dated 13.07.2015. No. 218-FZ.
4. Rybina S. N., Ivliev P. V. “Prospects for the Development of Leasing in Russia in the Short Term” // Agrarian and Land Law. – 2024. – No. 4 (232). – P . 255-257.
5. Ivliev P. V., Serdyuk A. L. “Leasing as an innovative mechanism for improving the investment climate in the regions of Russia” // Law and state: theory and practice. – 2023. – No. 7 ( 233). – P. 493-495.
CIVIL LAW
GETMAN Yana Borisovna
Ph.D. in Law, associate professor of Civil law sub-faculty of the Rostov branch of the Russian State University of Justice
RYBAKOVA Sofya Vasiljevna
intern of the Department of the Legal clinic in Rostov branch of the Russian State University of Justice
THE BALANCE OF INTERESTS IN THE QUALIFICATION OF THE UNILATERAL REFUSAL OF THE SELLER, WITH THE CONDITION OF IMPOSSIBILITY OF EXECUTION OF THE CONTRACT
The article examines the need to recognize the manipulation of the final price of goods as an abuse of law and to consolidate at the legislative level a direct rule establishing the responsibility of the seller for violating the principle of good faith. Special attention is focused on technical failures (errors) on online platforms associated with the establishment of an undervalued price for goods and the subsequent termination of the concluded retail purchase agreement by the seller, in the context of consumer protection in the remote method of selling goods .
Keywords: retail sale agreement; consumer; seller; technical error; abuse of law; circumvention of the law; retail sale agreement.
Article bibliography
1. Gromov A. A. Bypassing the preemptive right of purchase // Bulletin of Civil Law. – 2021. – No. 1. – P. 7-49.
CIVIL LAW
DADAYAN Elena Vladimirovna
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Krasnoyarsk State Agrarian University
ON THE ISSUE OF METHODS (PROCEDURE) OF SETTLEMENTS UNDER THE CONTRACT OF SALE OF REAL ESTATE
This article, using the example of a specific practical situation, shows that an inattentive and sometimes careless attitude to the coordination of individual terms of a real estate purchase and sale agreement can lead to disputes not only between counterparties under the agreement, but also negatively affect the property rights of creditors of one of the parties to the purchase agreement -real estate sales. For example, insufficiently clear regulation by the parties to the agreement regarding the method and terms of payment for the price of a real estate purchase and sale agreement could hypothetically give rise to a dispute in the future. Such a controversial (ambiguous) situation may arise in the event of bankruptcy of the debtor – the seller under a real estate purchase and sale agreement, when the bankruptcy manager recognizes the alienation of real estate transaction as invalid or when he declares, in the course of legal proceedings, demands for payment of the transferred property and payment of interest for late payment of the contract price.
Keywords: purchase and sale of real estate, land plot, bankruptcy trustee, payment method , payment terms, contract price, transfer of goods, counterparties, debtor, good faith.
Article bibliographic list
1. Case No. 2-24/2023 (2-1318/2022) . [Electronic resource]. – Before modemortar: https://geldor–krk.sudrf.ru/modules.php?name=sud_delo&srv_num=1&name_op=case&case_id=372607098&case_uid=061a056b-d010-401a-8741-848529ad6634&delo_id=1540005 (date of access: 05.04.2024).
2. Storozheva A. N., Dadayan E. V. Good faith in the possession of a land plot as one of the conditions for recognizing the right of ownership of a land plot by virtue of acquisitive prescription // Actual problems of private and public law relations in the field of rational use and protection of the environment. Materials of the regional (interuniversity) scientific and practical conference. Krasnoyarsk State Agrarian University. – Krasnoyarsk, 2023. – pp. 58-61.
CIVIL LAW
KIYKO Andrey Yurjevich
Ph.D. in Law, Head of the St. Petersburg Military Order of Zhukov Institute of the National Guard Troops of the Russian Federation
IGNATJEVA Natalya Yurjevna
Ph.D. in Law, associate professor, associate professor of Civil law sub-faculty of the St. Petersburg State University of Aerospace Instrumentation
LEGAL APPROACHES TO THE DEFINITION OF RISK IN ALEATORY TRANSACTIONS
The article discusses various approaches to the definition of the concept of risk in the legal qualification of aleatory transactions. The article analyzes the evolution of the concept of “risk” in civil law, as well as various legal approaches of Russian civil scientists, which determine the specifics of this definition. The legal qualification of aleatory transactions is determined, taking into account the risk category.
Keywords: aleatory agreement, aleatory transactions, legal approaches to the definition of the concept of “risk”, risky transactions, risk minimization.
Article bibliography
1. Babaev M. M. Risk-oriented justice // All-Russian Criminological Journal. – 2021. – No. 2. – P. 167-180.
2. Belousova M. A. The content of the concept of a contract in the French Civil Code (in comparison with the German Civil Code) // Legal Journal President. – 2021. – No. 2 (6). – P. 4-10.
3. Bystrov A. Ya. Aleatory nature of transactions for difference // Bulletin of Economic Justice of the Russian Federation. – 2022. – No. 9. – P. 86-121.
4. Vorobyov S. M., Komarov S. A. Risks in the information civilization: theoretical and legal understanding // Theory of state and law. – 2019. – No. 3. – P. 20-36.
5. Garaeva A. D. Aleatory transactions: concept, features, classification // Young scientist. – 2021. – No. 3 (345). – P. 172-174.
6. Zalesskaya L. N., Mitina V. V., Evdokimova E. A. Project risk management, risk concepts, quantitative and qualitative risk analysis // Current research. – 2020. – No. 9-2 (12). – P. 78-81.
7. Zakhartsev S. I., Salnikov V. P. On legal progress as a philosophical and legal problem // Russian Journal of Legal Research. – 2015. – No. 2 (3). – P. 113-121.
8. Zakhartsev S. I., Salnikov V. P. Legal progress – a new philosophical and legal definition // The world of politics and sociology. – 2016. – No. 4. – P. 171-188.
9. Zakhartsev S. I., Salnikov V. P. Legal progress and improvement of legal regulation and lawmaking in Russia in the 21st century // Lawmaking in the 21st century: evolution of doctrine and practice (on the 90th anniversary of the birth of A. S. Pigolkin). Collection of scientific articles / Ed. by V. V. Lazarev. – M .: Norma, 2022. – Pp. 63-72. – in the book. 344 p.
10. Zakhartsev S. I., Salnikov V. P. Legal progress and values of law // The world of politics and sociology. – 2015. – No. 9. – Pp. 17-31.
11. Zakhartsev S. I., Salnikov V. P. Legal progress as a topical philosophical and legal problem // Legal science: history and modernity. – 2016. – No. 9. – Pp. 175-192.
12. Zakhartsev S. I., Salnikov V. P. Legal progress: a new direction in the study of law // Theory of state and law. – 2017. – No. 2. – P. 20-35.
13. Zakhartsev S. I., Salnikov V. P. Legal progress: philosophical and philosophical-legal approaches // Legal field of the modern economy. – 2015. – No. 1. – P. 13-30.
14. Zorkin V. D. Law of Russia: alternatives and risks in the context of the global crisis // Rossiyskaya Gazeta. – 2022. – No. 139 (8787). – June 30. – P. 9.
15. Kaitmazov V. A. Risk and risk management (risk management) in the economic security system // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2020. – No. 8. – P. 249-253.
16. Risk category in Russian and foreign civil law science // Electronic library on economics and law Pravo – Studio. [Electronic resource]. – Access mode: https://pravo.studio/pravo-rossii-dogovornoe/kategoriya-riska-rossiyskoy-zarubejnoy-nauke-99370.html (date of access: 07/04/2024).
17. Kerimova TV Risk in the life of a modern person // History and personality. Proceedings of Saratov State University. – 2001. – Issue 30.
18. Kerimova TV Man of risk. Social and philosophical problems. – M .: OLMA Media Group, 2009. – 208 p.
19. Kornienko A. A. On the ways and mechanisms of reducing the scale of risk in the knowledge society: from risk compensation to its prevention // Vectors of well-being: economy and society. – 2022. – No. 2 (45). – P. 21-29.
20. Kryuchkov R. A. Approaches to defining risk in modern law // Legal field of the modern economy. – 2014. – No. 10. – P. 154-163.
21. Kryuchkov R. A., Salnikov V. P., Romanovskaya V. B., Salnikov M. V. Risks in the legal field of the modern economy and the “right to risk” // Legal field of the modern economy. – 2015. – No. 12. – P. 109-119.
22. Peregudova N. V., Kononko P. P., Ratnikova O. D. Justified risk and reasonable risk: their relationship // Civil service and personnel. – 2021. – No. 4. – P. 264-269.
23. Risks in law: solutions: Monograph / Ed. by D.Sc. in Law. Prof. L. G. Tatyana. – Moscow: Yurlitinform. 2020. – 160 p.
24. Savintseva T. A. Risk theory in civil law // Tambov legal readings named after F. N. Plevako: Proceedings of the IV international scientific and practical conference. Tambov, May 22-23, 2020. In two volumes, Volume 2. – Tambov: Derzhavinsky Publishing House, 2020. – P. 99-101.
25. Salnikov V. P., Kryuchkov R. A., Romanovskaya V. B., Salnikov M. V. The concept of risk in the philosophical and legal dimension in the period of Modern and Contemporary Times // The world of politics and sociology. – 2014. – No. 10. – P. 174-184.
26. Salnikov V. P., Kryuchkov R. A., Romanovskaya V. B., Salnikov M. V. Risks in the economy, in law and social life: scientific approaches to understanding // Legal field of the modern economy. – 2015. – No. 9. – P. 203-211.
27. Salnikov V. P., Kryuchkov R. A., Romanovskaya V. B., Salnikov M. V. Rock, risk, law and economics: the beginning of the history of relations // Legal field of the modern economy. – 2013. – No. 11. – P. 11-17.
28. Financial sovereignty and financial security of Russia: threats and risks: Monograph Khabibulin A. G., A. V. Anishchenko, V. N. Anishchenko, E. V. Anishchenko, A. N. Vyborny; under the general editorship of A. G. Khabibulin. – 2nd ed., expanded. and supplemented. – M.: Moscow State University. Higher School of Public Audit, 2023. – 480 p.
CIVIL LAW
KOMLEV Evgeniy Yurjevich
Ph.D. in Law, Head of Judiciary, civil society and law enforcement sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
BIRYUKOV Ivan Alexandrovich
student of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
KHASIEVA Kheda Lom-Alievna
student of the Institute of Law of the Patrice L umumba Peoples’ Friendship University of Russia
EVOLUTION OF LOBBYING ACTIVITIES: A COMPARATIVE ANALYSIS OF THE ANGLO-AMERICAN AND EUROPEAN-CONTINENTAL MODELS
The article examines the evolution of lobbying activities and analyzes the peculiarities and differences in approaches to legislative and administrative support of interests in the United States of America and European countries. The authors analyse the historical prerequisites for the formation of lobbyism and its legislative regulation. Special attention is paid to the comparison of the Anglo-American and European-continental models of lobbyism, and their comparative analysis is carried out.
Keywords: lobbyism, interest groups, lobbying activities, Anglo-American model, European-Continental model, GR.
Article bibliography
1. GR and lobbying: theory and technology: textbook for universities / V. A. Achkasova [et al.]; edited by V. A. Achkasova, I. E. Mintusov, O. G. Filatova. – 2nd ed. – Moscow: Publishing house Yurait, 2024. – 438 p. – (Higher education). – ISBN 978-5-534-14000-2 // Educational platform Yurait [website]. – [Electronic resource]. – Access mode: https://urait.ru/bcode/536278 (date of access: 06.07.2024).
2. Zhugan I. B. Lobbying in the USA. Legal basis and analysis of modern legislation. // Representative power – XXI century: legislation, comments, problems. – 2015. – No. 3 (63). – P. 35-39.
3. Kanevsky P. S. Institute of lobbying in the XXI century: comparative analysis: monograph. – M .: Canon + ROOI “Rehabilitation”, 2020. – 352 p.
4. United States of America. Constitution and legislative acts / Comp. V. I. Lafitsky. – M., 1993. – P. 171.
5. Smith H. The power game: how Washington works. – Glasgow, 1989. – P. 317.
CIVIL LAW
KONOVALCHUK Marina Valerjevna
Ph.D. in Law, associate professor of Civil law disciplines sub-faculty of the Samara Law Institute of the FPS of Russia
LEGAL REGULATION OF SOCIAL SUPPORT FOR PERSONS SENTENCED TO IMPRISONMENT WHO BELONG TO THE CATEGORY OF ORPHANS AND CHILDREN LEFT WITHOUT PARENTAL CARE
The article deals with the issues of legal regulation of societyal support for persons sentenced to imprisonment belonging to the category of orphans and children left without parental care, the author proposes to supplement the order of the Ministry of Justice of the Russian Federation dated November 29, 2023 No. 350 “On the re-socialization, social adaptation and social rehabilitation of persons in respect of whom probation is applied in accordance with Federal Law No. 10-FZ of 02/06/2023 On Probation in the Russian Federation” wording that allows for the application to graduating minors from among orphaned children and other social support measures established by Federal Law No. 159-FZ of December 21, 1996 “On additional guarantees for social support for orphans and children left without parental care”.
Based on the analysis of normative legal acts, it is concluded that it is necessary to unify the application of social support measures in relation to juvenile convicts of these categories.
Keywords: orphans, children left without parental care, sentenced to imprisonment, social support, probation, guardianship and guardianship authorities.
Article bibliography
1. Appellate ruling of the Civil Cases Judicial Committee of the Sverdlovsk Regional Court dated April 22, 2021 in case No. 33-5371/2021 // SPS Garant.
2. Maksimov A. S ., Craik K. V. Social and pedagogical support for adolescent students growing up in socially disadvantaged families // Bulletin of the Belgorod Institute for Education Development. – 2020. – Vol. 7. No. 4 (18). – P. 86-101.
3. Order of the Ministry of Education of the Russian Federation dated 15 June 2020 No. 300 “On approval of the Procedure for the formation, maintenance and use of a state database on children left without parental care)” // SPS Garant.
4. Explanatory Dictionary of the Living Great Russian Language: selected articles / V. I. Dahl; joint editorial office of V. I. Dahl and I. A. Baudouin de Courtenay. – Moscow, 2004. [Electronic resource]. – Access mode: https://gufo.me/dict/dal/accompany.
CIVIL LAW
LETYAGINA Ekaterina Alexandrovna
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Krasnoyarsk State Agrarian University
REMOVING A CHILD FROM THE FAMILY: PROBLEMS OF THEORY AND PRACTICE OF APPLICATION
This article presents a study of the problems of theory and practice of applying such an institution of the family branch of law as the removal of a child from the family. It is indicated that recently, in 2020, 2022, attempts were made to legislatively amend certain provisions of family legislation, including those regulating the institution under study. The author believes that these bills have not acquired the force of law, including due to their insufficient legal logic, elaboration and expediency.
At the same time, in order to prevent the growth of society’s tolerance to the use of violence against minors in families, it is necessary to regulate as clearly as possible from a legal standpoint the criteria for assessing circumstances that can be characterized as threatening the life and health of a minor, as well as to prescribe in even more detail the step-by-step procedure of authorized persons implementing it. In addition, it is necessary to increase the responsiveness of authorized persons to the threat to the life and health of minors through subsequent analysis and assessment of circumstances after the immediate removal of children, since the main essence of this institution should be reflected precisely in the prevention of such actions by parents and persons replacing them.
Keywords: minorities, parents, family legal relations, rights and obligations of parents, removal of a child from the family, restriction of parental rights, deprivation of parental rights, guardianship and guardianship authorities, prosecutor, court.
Article bibliography
1. Yakushev P. A. Alternative methods of judicial protection of children’s rights from unlawful behavior on the part of parents / / Laws of Russia: experience, analysis, practice. 2022. No. 4. P. 49-58.
2. Krasnova T. V. Legal possibility of taking a child away from parents: social risks in legislation and ways to overcome them // Bulletin of Perm University. Legal sciences. 2016. No. 1 ( 31) P. 60-67.
3. Gruzinskaya M.A. Reforming the Institute of Family Law: Protecting the Rights and Interests of Children // Novels of Law, Economics and Management 2022: Proceedings of the VIII International Scientific and Practical Conference, Gatchina, November 25 2022. Volume 1. Gatchina: State Institute of Economics, Finance, Law and Technology, 2023. Pp. 82-85.
4. Ishchenko E. V. Removal of a child from a family as a way to prevent administrative offenses // Bulletin of the Voronezh Institute Ministry of Internal Affairs of the Russian Federation. 2017. No. 2. P. 110-116.
5. Verenich A. V. Removal of a child from a family as an exceptional measureprotection of children’s rights // Administrative law and process. 2021. No. 12. P. 71-74.
6. Passport of the draft Federal Law No. 986679-7 “On Amendments to Certain Legislative Acts of the Russian Federation” (on the procedure for taking a child away in case of an immediate threat to his life)” (submitted by the deputy of the State Duma of the Federal Assembly of the Russian Federation P.V. Krasheninnikov, member of the Federation Council of the Federal Assembly of the Russian Federation A.A. Klishas): [Electronic resource] // SPS “ConsultantPlus” Version of Prof. (date accessed: 09.06.2024).
7. Passport of the draft Federal Law No. 989008-7 “On Amendments to the Family Code of the Russian Federation in Order to Strengthen the Institution of the Family” (submitted by members of the Federation Council of the Federal Assembly of the Russian Federation E. B. Mizulina, E. V. Afanasyeva, A. D. Bashkin, R. F. Galushina, M. G. Kavdzharadze, L. B. Narusova, M. N. Pavlova) (withdrawn from consideration): [Electronic resource] // SPS “ConsultantPlus” Version of Prof. (date of access 09.06.2024).
8. Passport of the draft Federal Law No. 157281-8 “On Amendments to the Family Code of the Russian Federation and Certain Legislative Acts of the Russian Federation” (submitted by Russian Senators A. A. Klishas, E. B. Mizulina, V. V. Poletaev, E. B. Altabaeva, E. V. Afanasyeva, A. D. Bashkin, R. F. Galushina, O. F. Kovitidi, V. V. Nagovitsyn, M. N. Pavlova, and State Duma Deputies of the Federal Assembly of the Russian Federation D. F. Vyatkin, T. V. Butskaya): [Electronic resource] // SPS “ConsultantPlus” Version of Prof. (date of access: 06/09/2024).
9. Passport of the draft Federal Law No. 232772-8 “On Amendments to Certain Legislative Acts of the Russian Federation on the Protection of Children’s Rights” (submitted by the Government of the Russian Federation): [Electronic resource] // SPS “ConsultantPlus” Version Prof. (date of access: 06/10/2024).
10. Resolution of the Plenum of the Supreme Court of the Russian Federation of 11/14/2017 No. 44 “On the practice of applying legislation by courts in resolving disputes related to the protection of the rights and legitimate interests of a child in the event of an immediate threat to his life or health, as well as in the restriction or deprivation of parental rights”: [Electronic resource] // SPS “ConsultantPlus” Version Prof. (date of access: 06/10/2024).
CIVIL LAW
LONCHAKOVA Yulia Andreevna
Ph.D. in Law, associate professor, associate professor of the Murom Institute (branch) of the Vladimir State University
FEATURES OF LEGAL REGULATION OF FORWARDING ACTIVITIES IN TRANSPORT LOGISTICS
The article is devoted to the analysis of legal regulation of forwarding activities in the field of transport logistics in the Russian Federation. It discusses the main provisions of Chapter 41 of the Civil Code of the Russian Federation, which establishes legal framework for contracts of transport expedition. The issues of duties and rights of forwarders, conditions of contract performance, as well as liability for involving third parties are highlighted. The author emphasizes the problem of the lack of a specialized law regulating this activity, which leads to the necessity of relying on general principles of obligatory law and norms related to commission and agency.
Keywords: Civil Code of the Russian Federation, transport expedition, forwarding activities, transport logistics, legal regulation, obligatory law, forwarder liability, expedition contract.
Article bibliography
1. Alsynbaeva E. M. Concept and legal nature of a transport expedition contract // Problems of private and public law regulation of transport activities: Proceedings of the VI All-Russian scientific and practical conference, Ufa, November 23, 2022. – Ufa: Research Institute for Problems of the Rule of Law, 2023. – P. 22-30. – DOI 10.56777/pplaw.2023.92.51.002.
2. Andreeva N. A. Claims and actions under the contract of freight forwarding // Gaps in Russian legislation. – 2008. – No. 2. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/pretenzii-i-iski-po-dogovoru-transportnoy-ekspeditsii (date of access: 05/23/2024).
3. Butakova N. A. Problems of legal regulation of the contract of freight forwarding // Problems of private and public law regulation of transport activities: Materials of the VI All-Russian scientific and practical conference, Ufa, November 23, 2022. – Ufa: Research Institute for Problems of the Rule of Law, 2023. – P. 59-65. – DOI 10.56777/pplaw.2023.30.71.008.
4. Zhitin A. P., Krasnoyarova N. I. Liability of the freight forwarder when providing services in domestic communications // Tavrichesky scientific observer. – 2016. – No. 6 (11). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/otvetstvennost-ekspeditora-pri-okazanii-uslug-vo-vnutrirossiyskih-soobscheniyah (date of access: 05/23/2024).
5. Korovyakovsky E.K., Simushkov A.M. Interaction of transport systems and the use of an integrated approach to solving the main problems of mixed transport // IzvestiyaSt. Petersburg University of Railway Engineering. – 2012. – No. 4 (33). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/vzaimodeystvie-transportnyh-sistem-i-primenenie-kompleksnogo-podhoda-k-resheniyu-osnovnyh-problem-smeshannyh-perevozok (date of access: 05/23/2024).
6. Lonchakova Yu. A. Dispute resolution under a freight forwarding contract: judicial practice // Theory and practice of social development. – 2023. – No. 11. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/razreshenie-sporov-po-dogovoru-transportnoy-ekspeditsii-sudebnaya-praktika (date of access: 23.05.2024).
7. Pokrovskaya O. D. Principles of implementation of integrated transport and logistics services in railway transport and requirements for them // Bulletin of the St. Petersburg University of Railway Engineering. – 2020. – Vol. 17. No. 3. – P. 288-303. – DOI 10.20295/1815-588X-2020-3-288-303.
8. Serieva M. M. Storage agreement // Science through the prism of time. – 2017. – No. 5 (5). – P. 82-86.
9. Strakhova V. A. Contract of transport expedition: the problem of defining the subject // Bulletin of the Magistracy. – 2018. – No. 5-2 (80). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/dogovor-transportnoy-ekspeditsii-problema-opredeleniya-predmeta (date of access: 05/23/2024).
10. Chechneva Yu. V. On the issue of classification of transport services // Actual problems of humanitarian and natural sciences. – 2010. – No. 12. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/k-voprosu-o-klassifikatsii-transportnyh-uslug (date of access: 05/23/2024).
CIVIL LAW
MOTASOVA Darya Danilovna
CURRENT ISSUES OF LEGAL REGULATION OF UNMANNED AERIAL VEHICLES AT THE PRESENT STAGE
The article shows that well-developed legal approaches to regulating the status of unmanned aerial vehicles (UAVs) and public relations associated with their use/operation are very important. An analysis of current trends showed, firstly, an increase in legislator attention to the topic of UAV regulation, and secondly, an increase in the complexity of the regulation of this area of relations with the key importance of air legislation. Dynamically developing legal norms form the innovative institution of air law – a block of norms on the use of UAVs. The article makes a number of conclusions, including: 1) legal regulation of activities and social relations that arise regarding and in connection with the production and operation of UAVs is carried out by complex, intersectoral means of legal regulation that require internal coordination and mutual agreement to ensure their safe production and exploitation, the conditions for their participation in civil circulation, the scope of proportionate civil liability; 2) regardless of the level of technical equipment, self-organization of work, UAVs are characterized exclusively by the properties and characteristics of the object of civil rights, the identification of which with subjects/quasi-subjects is untenable; UAVs as objects of civil rights are subject to the property regime; 3) one of the pressing issues is the search for effective mechanisms for comprehensive support and stimulation of the activities of domestic manufacturers of equipment, components, and software for UAVs in order to adequately replace imports and ensure the appropriate level of technological sovereignty of the country in this area.
Keywords: unmanned aerial vehicles, legal approaches to regulating UAVs, air law institutions, development of UAV regulation, support for domestic UAV manufacturers, UAV as an object of civil rights.
Article bibliography
1. Borisenko V. V. Policy of state regulation of the legal status of the use of unmanned aerial vehicles // Actual problems of aviation and cosmonautics. – 2017. – Vol. 3. – No. 13.
2. Vavilin E. V. Unmanned vehicles: from terminology to new legal regimes // Economy and law. – 2023. – No. 8.
3. Gromova E. A. Legal aspects of registration and use of unmanned aerial vehicles in Russia and abroad // Law and Economics. – 2019. – No. 7.
4. Zorin D. N. On some issues of the use and development of unmanned aerial vehicles // Administrative law and process. – 2022. – No. 12.
5. Zorina N. S., Zorin D. N. Conceptual approaches to the study of the mechanism for regulating unmanned aerial vehicles // Administrative law and process. – 2023. – No. 8.
6. Zorina N. S., Zorin D. N. Counteracting the use of unmanned aerial vehicles over the territories of institutions of the Federal Penitentiary Service of Russia // Administrative law and process. – 2023. – No. 6.
7. Kostyuchenko O. G. Forensic aspects of the use of an unmanned aerial vehicle (UAV) // Russian investigator. – 2023. – No. 10.
8. Parfenov V. A. Prregulation of the legal status of unmanned aerial vehicles // Actual problems of aviation and cosmonautics. – 2017. – Vol. 3.
9. Pokrovsky I. A. History of Roman law. – St. Petersburg, 1998.
10. Ponomareva E. V. Subjects and quasi-subjects of law: theoretical and legal problems of delimitation: dis. … Cand. of Law. – Ekaterinburg, 2019.
11. Sazanova A. A. Comparative analysis of Russian and foreign experience of state regulation of unmanned aircraft systems. The world of the new economy. – 2022. – No. 16 (4).
12. Stepanyan A. Zh. Problems of regulation of unmanned vehicles // Bulletin of the O. E. Kutafin University (MSAL). – 2019. – No. 4.
13. Uzdimaeva N. I., Kozurov A. S. Subject of law: basic approaches to understanding // Contentus. – 2020. – No. 4.
14. Frolova E. E. Transformation of methods for resolving digital disputes and their projection onto the jurisdiction of the state. Research: grant No. 23-28-00157. Russian Science Foundation. – 2023. – P. 2.
15. Channov S. E. Robot (artificial intelligence system) as a subject (quasi-subject) of law // Actual problems of Russian law. – 2022. – No. 12 (145).
CIVIL LAW
PARASKEVOVA Svetlana Andreevna
Ph.D. in Law, professor of Civil law sub-faculty of the Kuban State University, Krasnodar
SHAPOVAL Olga Vyacheslavovna
Ph.D. in Law, associate professor of Civil law sub-faculty of the Kuban State University, Krasnodar
GRINKO Nikita Romanovich
postgraduate student of Civil law sub-faculty of the Kuban State University, Krasnodar
LEGAL QUALIFICATION OF THE “TAKE OR PAY” CONTRACTUAL TERMS
The article discusses the problems that arise in the process of legal qualification of contracts with the condition “take or pay”. The lack of relevant legal regulation of this issue creates certain problems in law enforcement practice, some difficulties arise in the process of comparing the terms of the “take or pay” and the design of the subscription agreement. The author analyzes the process of the emergence and historical transformation of the terms of the subscription agreement during the development of the domestic legal system. The purpose of the study is to establish and identify the specifics of public relations regulated by the constructions of the subscription agreement and the terms of “take or pay”.
Keywords: “take or pay” or “take or pay” construction, subscription agreement, legal qualification of the agreement, breaking of the synallagma.
Article bibliography
1. Ivanova S. G. Subscription agreement: a new civil law contract? // Problems of Economics and Legal Practice. 2018. No. 1. P. 77-82
2. Matveeva E. Yu. Subscription agreement as a legal means ensuring the rationalization of property turnover: historical aspect and modernity // Economy and Law. 2024. No. 2.
3. Tai Yu. V., Sarbash S. V., Baibak V. V., Evstigneev E. A.: The take or pay condition and freedom of contract // Law. 2021. No. 9. Pp. 17, 20, 23-24.
4. Fedorov D. V. Take or Pay: in search of causa. Commentary on the Definition of the Judicial Collegium for Economic Disputes of the Supreme Court of the Russian Federation dated August 20, 2021 No. 305-ES21-10216 // Bulletin of Economic Justice of the Russian Federation. 2022. No. 1. Pp. 5-33.
5. Shapoval O. V., Grin’ko N. R. Prerequisites for the formation and foreign approaches to the qualification of the take or pay model // Eurasian Law Journal, issue. 2023. No. 2 (177).
6. Sachsenhauser R. Zulaessigkeit von Take-or-Pay-Klauseln in Gasliefervertragen mit Sondervertragskunden // CUR. 2009. Heft 3. P. 96-101.
CIVIL LAW
POLETAEVA Ekaterina Leonidovna
senior lecturer of Civil law and process sub-faculty of the Baikal State University, Irkutsk
APPROACHES TO UNDER STANDING SILENCE
The article examines silence in law, examines the approaches of scientists to understanding silence in various social sciences and branches of law. The understanding and interpretation of silence in law enforcement in civil law is considered separately, an attempt is made to determine its relationship with such legal categories as consent to transactions, inaction, legal fact, presumption. It is concluded that the few studies of silence, judicial practice, indicate the need for a deeper study of this issue, both for doctrinal understanding and for law enforcement.
Keywords: silence, legal fact, consent to transactions, form of transaction, expression of will.
Article bibliography
1. Smolkova I. V. Limits of Part 1 of Article 51 of the Constitution of the Russian Federation in Criminal Proceedings // Academic Law Journal. – 2018. – No. 3 (73). – P. 48-56.
2. Kornakova S. V., ChigrinaE. V. Disclosure of the secret of adoption: problems of implementing a comprehensive legal mechanism in the Russian Federation // All-Russian Criminological Journal. – 2018. – Vol. 12. No. 6. – P. 817-825.
3. Zaitseva E. S. Establishing the limits of legal regulation in law enforcement // Journal of Russian Law. – 2021. – No. 4. – P. 59-70.
4. Suslova S. I. Non-naming in civil law: to the formulation of the question // Scientific notes of Kazan University. – 2018. – Vol. 160. Book 2. – P. 404-414
5. Etymological dictionary of the modern Russian language / Comp. A. K. Shaposhnikov: in 2 volumes. Vol. 1. – M.: Flinta: Nauka, 2010. – 584 p.
6. Gambaryan A. S. Ayrapetyan Yu. V. Admission of guilt and claim in silence in criminal and civil proceedings // Bulletin of Perm University. – 2021. – Issue. 54. – Pp. 745-765.
7. Kurakina S. I., Levchenko A. V. Qualified silence in constitutional lawmaking // Humanitarian, socio-economic and social sciences. – 2020. – No. 3. – Pp. 111-113.
8. Krasavchikov O. A. Legal facts in Soviet civil law // Categories of civil law science. Selected works: In 2 volumes. Vol. 2. – M., 2005. – P. 49-241.
9. Civil law: textbook / Responsible. editor E. A. Sukhanov. In 2 volumes. Vol. 1. – M., 2002. – 785 p.
10. Bychkov A. Silence is not a sign of consent // EZH-YURIST. – 2015. – No. 25. – P. 13
11. Gambaryan A. S. Legal regimes of silence and fictitious conclusions arising from it // Journal of Russian Law. – 2019. – No. 12. – P. 19-29.
12. Vinichenko Yu. V. Presumption of consent in civil law // Problems of registration of rights, recording and certification of legal facts of civil law: collection of articles / Responsible. editor M. A. Rozhkova. – M .: Statut, 2013. – P. 193-214.
13. Kornakova S. V. Logic for lawyers. – Irkutsk: Publishing house of BSU, 2015. – 122 p.
14. Resolution of the Arbitration Court of the East Siberian District dated March 2, 2017 No. F02-7962/2016 in case No. A33-5836/2015.
15. Rabinovich N. V. Invalidity of transactions and its consequences. – L.: Publishing house of Leningrad State University, 1960. – 171 p.
16. Resolution of the Arbitration Court of the Volga District dated March 17, 2017 No. F06-18310/2017 in case No. A49-106/2016.
17. Aslanyan N. P., Vinichenko Yu. V. On the concept of inaction and its place in the classification of civil legal facts // Academic Law Journal. – 2020. – No. 4 (82). – pp. 40-47.
CIVIL LAW
SEMIANNIKOVA Dina Alexandrovna
Ph.D. in Law, associate professor of Civil and labor law sub-faculty of the North-West Institute of Management of the Russian Presidential Academy of National Economy and Public Administration, St. Petersburg
FEATURES OF THE LEGAL REGULATION OF SOCIAL SECURITY FOR CITIZENS WHO HAVE JOINED THE VOLUNTEER FORMATION
In the framework of the study the author considers problematic issues of social security citizens who joined the military volunteer formation, as well as members of their families. The author concludes that despite the large amount of rights in the field of social security, the big problem of bringing the provision to the recipient – military volunteer, members of his family, are procedural issues relating to the procedure for obtaining the right to certain social benefits, which is mediated by the constant, often chaotic, updating of subordinate legislation.
Keywords: military volunteer, serviceman, social security, social security law, legislation.
Article bibliography
1. Bezugolny A. Yu. Legal regulation of the volunteer movement during the Great Patriotic War // Scientific Thought of the Caucasus. – 2022. – No. 4 (112). – P. 5-12.
2. Bryksin I. I. Volunteer movement during the Great Patriotic War (based on materials from the Yaroslavl region) // Scientific dialogue. – 2015. – No. 12 (48). – P. 241-249.
3. Istomina E. A. Concept of social risk: concept and significance for social security law // Social and pension law. – 2022. – No. 4. – P. 10-14.
4. Kalinin V. M. Compensation for harm caused to a serviceman // Law in the Armed Forces. – 2021. – No. 1. – P. 39-50.
5. Lutsenko S. I. Legal guarantees of volunteers in military conflicts // Power. – 2023. – Vol. 31. No. 1. – P. 52-57. DOI: https://doi.org/10.31171/vlast.v31i1.9461.
6. Nikolaev D. A. Volunteers in the Nizhny Novgorod militia of 1812: historical realities and historiographic myths // Bulletin of the Nizhny Novgorod University named after N. I. Lobachevsky. – 2018. – No. 2. – P. 67-77.
7. Semyannikova D. A. Legal norms of social security of military personnel – participants in a special military operation // Eurasian integration: economics, law, politics. – 2022. – No. 4. – P. 89-97. DOI: 10.22394/2073-2929-2022-04-89-97.
8. Sue E. Berryman. The all volunteer force: an extension of the welfare state? // Mapping Intimacies. – 2021. – P. 1-20. DOI: 10.4324/9780429267536-1.
CIVIL LAW
STOROZHEVA Anna Nikolaevna
Ph.D. in Law, associate professor of Civil law and process sub -faculty of the Krasnoyarsk State Agrarian University
ON THE ISSUE OF TERMINATION OF THE GARDEN NON-PROFIT PARTNERSHIP
Issues of legal regulation of the termination (liquidation) of a gardening non-profit partnership (SNT) affect the use of infrastructure, as well as the rights and obligations of members of a liquidated SNT, and quite often problems arise regarding the abuse of corresponding rights by other SNT bordering the liquidated partnership.
The author analyzes the legal norms affecting the procedure for terminating the activities of SNT, and also concludes that there is an urgent need to change and supplement the norms of the current legislation, in in particular, to determine the procedure for reorganizing the bordering SNT with the SNT that has ceased to be detailed, for the legal use of the relevant infrastructure and the protection of the rights and interests of members of the liquidated SNT
Keywords : Garden non-profit partnership (SNT), rights, obligations, SNT member, termination, liquidation, borders, charter, land plot, membership, targeted contributions.
Article bibliography
1. Storozheva A. N., Dadayan E. V. Legal education of SNT members // Legal education and enlightenment of youth in modern Russian society: Materials of the regional (inter-university) scientific and practical conference, Krasnoyarsk, December 3, 2021. – Krasnoyarsk: Krasnoyarsk State Agrarian University, 2022. – P. 89-91. – EDN DXXKIO.
CIVIL LAW
TUZHILOVA-ORDANSKAYA Elena Markovna Ph.D. in Law, professor of Civil law sub-faculty of the Institute of Law of the Ufa University Science and Technology
GALYAUTDINOVA Liliya Yurjevna
senior lecturer of Civil law sub-faculty of the Institute of Law of the Ufa University Science and Technology
TO THE QUESTION OF THE RELATIONSHIP BETWEEN THE INHERITANCE CONTRACT AND THE JOINT TESTAMENT
In the article, the author defines the legal features of the inheritance contract in the Russian Federation. Its relationship with the joint will of the spouses is considered and their main distinctive features are revealed. The author analyzes the current problems of legal regulation and application of the inheritance contract and joint will. In conclusion, proposals are formulated to improve the legal regulation of their implementation.
Keywords: inheritance, inheritance contract, joint will, terms of contract, rights and obligations of heirs, rights of testator.
Article bibliography
1. Abramenkov M. S. Basic provisions of inheritance law of foreign countries // Inheritance law. – 2018. – No. 1. – P. 40-44.
2. Gushchin V. V. Concept and essence of an inheritance contract spouses // Family business in the legal space of Russia. – 2020. – No. 1. – P. 398-403.
3. Bushlyakova D. V. On the issue of problems of applying the inheritance contract in the Russian Federation // Actual problems of improving legislation and law enforcement: materials of the V International scientific and practical conference (Ufa, February 8, 2015): collection of scientific articles / Edited by A. V. Ragulin, I. T. Kantyukova. – Ufa: Eurasian Research Institute of Law Problems, 2018. – P. 124-125.
4. Ruzakova O. A., Stepkin S. P. Inheritance contracts in family relations: innovations in Russian legislation // Economy. Law. Society. – 2019. – No. 1. – P. 36-41.
5. Civil law: textbook: in 4 volumes. Volume 4. / Ed. E. A. Sukhanov. 2nd ed. revised. and add. – Moscow: Statut, 2019. – 720 p.
6. Vershinina E. V. Inheritance by will in Russia and Germany: comparative legal analysis // Family and housing law. – 2019. – No. 6. – P. 32-37.
7. Maidikova A. I. Review of the provision on the inheritance contract as a novelty of Russian inheritance law // Skif. Issues of student science. – 2020. – No. 2 (42). – P. 387-390.
8. Inshakova A. O. Inheritance legal relations in international private law // Inheritance law. – 2012. – No. 1. – P. 42-48.
9. Smirnov S. A. Types of transactions in the inheritance law of Russia: to the formulation of the question // Notary. – 2014. – No. 4. – P. 26-28.
10. Krivitskaya Yu. S. Inheritance contract in the Russian Federation // Legal sciences, the rule of law and modern legislation. – 2020. – No. 1. – P. 46-50.
11. Boltneva E. V. Institute of inheritance contract in modern Russian law // Young scientist. – 2020. – No. 11 (301 ). – P. 84-86.
CIVIL LAW
KHAZIEVA Rushana Raufovna
Ph.D. in philological sciences, associate professor of International and Integrational law sub-faculty of the Institute of Law of the Ufa State University of Science and Technology
RIZYAPOVA Elina Marsovna
Ph.D. in philological sciences, associate professor of Foreign languages sub-faculty of the Ufa University of Science and Technology
TO THE ISSUE OF CONCESSION AGREEMENT
The authors highlight some features of a concession agreement, which is a complex civil law agreement between state or municipal authorities and private enterprises aimed at the creation, reconstruction and operation of infrastructure facilities. The main positive aspects are highlighted when these agreements can help attract investment in infrastructure development, which contributes to economic growth.
Keywords: concession agreement, civil contract, public-private partnership, cooperation, civil law.
References
1. Varnavsky V. G. Concessions in transport infrastructure: theory, practice, prospects. Moscow: IMEMO RAS, 2009. 147 p.
2. Isaeva N. A., Ponomareva D. G. Attracting private investment in the Russian economy through concession agreements // Bulletin of NSUEM. 2022. No. 1. P. 224-237.
3. Kasimov T. S. Chapter 4. Value guidelines and principles of modern Russian law // Moral guidelines and principles in the value system of the Russian Constitution: Monograph. M.: OOO Izdatelskiy dom “Yurlitinform”, 2024. P. 74-110. – EDN LXKZDA.
4. Kuranova N. A. Public-private partnership economic concept // Economy and society. 2017. No. 6. P . 903-913.
5. Khazieva R. R., Sattarova R. V. The problem of merging justice and law in the socio-legal views of B. N. Cardoso // Eurasian Law Journal. 2023. No. 11 (186). P. 550-551. – DOI 10.46320/2073-4506-2023-11-186-550-551. – EDN OWRLDQ.
6. Kholodkova Yu. S. Concept and legal nature of concession agreements // Bulletin of Tomsk State University. 2016. No. 405. P. 184-189.
CIVIL LAW
YASTREMSKIY Ivan Anatoljevich
Lawyer of the Leningrad regional bar association, branch of the Law Firm ” Pelevin and Partners”
PROTECTING THE BUSINESS REPUTATION OF A PLASTIC SURGERY CLINIC: LEGAL ASPECTS AND LEGAL SIGNIFICANCE
The concept, the essence of the business reputation of plastic surgery clinics, and the ways to manage it are revealed. Special attention is paid to working with patient reviews. The features of protecting the business reputation of an organization are analyzed. The special importance and importance of protecting business reputation in the context of the development of modern information technologies are emphasized. The conditions for filing a claim in court are investigated, as well as the circumstances to be proven in this category of cases, the composition of the claims is analyzed. An overview of judicial practice in cases of protecting the business reputation of clinics is provided. It is concluded that business reputation is not sufficiently protected, which is due to its insufficient legal regulation. Proposals are being made to amend the norms of legislation aimed at achieving uniformity of judicial practice. The elements of the business reputation of plastic surgery clinics are indicated.
Keywords: clinic, medical organization, business reputation, protection of business reputation, dissemination of information, refutation, Internet.
Article bibliographic list
1. Civil Code of the Russian Federation (CC RF) of November 30, 1994 No. 51-FZ // Collection of Legislation of the Russian Federation. No. 32. 12/05/1994. Art. 3301.
2. Resolution of the Plenum of the Supreme Court of the Russian Federation of 24.02.2005 No. 3 “On judicial practice in cases of protecting the honor and dignity of citizens, as well as the business reputation of citizens and legal entities.” [Electronic resource]. – Access mode: https://vsrf.ru/documents/own/8288/?ysclid=lr6l5gmfle372345192 (date of access: 01/09/2024).
3. Borkha S. S. Protection of business reputation of legal entities // Property relations in the Russian Federation. 2021. No. 7 // SPS “Consultant Plus”.
4. Bukharova I.V. On the issue of protecting the business reputation of a legal entity in an arbitration court // Science and education: economy and economics; entrepreneurship; law and management. 2020. No. 6 (121). P. 76-78.
5. Kokorin I.S., Kategov A.S., Vinogradov O.V. Legal regulation of business reputation // Leningrad. legal journal . 2019. No. 2 (56).
6. Magdilova L. V., Ragimkhanova K. T. Protection of the business reputation of a medical organization // Public service and personnel. 2021. No. 4.
7. Simonyan R. Z . On the need for legislative supporthonor, dignity and business reputation of medical workers from unlawful attacks of the media // International Research Journal. 2019. No. 5 (83).
8. Sobko TS The right of a legal entity to civil law protection of business reputation // Legality and law and order in modern society. 2011. No. 3.
9. Tolstova MV, Lavrik TM Business reputation of a company as the most important intangible asset and the risks of its loss // Law: history and modernity. 2020.
10. Fedotova MI Actual problems of protecting the business reputation of legal entities // Actual issues of jurisprudence. Collection of articles of the II International scientific and practical conference. Penza, 2020.
CIVIL LAW
DZHALILOV Fuad Igbal ogly
postgraduate student of the P. A. Stolypin International Institute of Informatization and Public Administration
ADVANTAGES AND DISADVANTAGES OF ARTIFICIAL INT ELLIGENCE IN LAW
This article analyzes the advantages and disadvantages of artificial intelligence (AI) in jurisprudence. It is shown that the incredible capabilities of AI, such as analysis, systematization, elimination of routine tasks, increased accessibility of justice overall, and use in military applications, can also have negative aspects. These include an increase in economic crimes, technological imperfections, lack of transparency in AI algorithms, breaches of confidentiality, and issues related to copyright. The author provides a detailed analysis of the advantages and disadvantages of AI, as well as ways to address its shortcomings.
Keywords: artificial intelligence, disadvantages, advantages, jurisprudence.
Article bibliography
1. Sokolova A. A. Artificial intelligence in jurisprudence: risks of implementation // Legal technology. – 2019. – No. 13.
2. The 2024 ACM Conference on Fairness, Accountability, and Transparency (FAccT 24), June 3-6, 2024, Rio de Janeiro, Brazil, arXiv:2401.03408.
CIVIL LAW
KALUZHSKIY Viktor Vitaljevich
postgraduate student of the St. Petersburg State University of Economics
PATENTABILITY OF SOLUTIONS DEVELOPED WITH USE OF ARTIFICIAL INTELLIGENCE
The paper examines the conditions of patentability of solutions developed with generative artificial intelligence. It is concluded that these solutions can be generally patented if they are technical in nature. It is suggested to refrain from the formal approach to the evaluation of application documentation in such solutions and to focus on the content of the patentable solution. In order to achieve a higher level of application documentation, it is also proposed to develop additional clarifications on issues related to patenting of solutions developed with artificial intelligence.
Keywords: artificial intelligence, artificial intelligence regulation, intellectual property, patentability.
Bibliographic list
1. Inventorship Guidance for AI-Assisted Inventions // Federal Register. [Electronic resource]. – Available at: https://www.federalregister.gov/documents/2024/02/13/2024-02623/inventorship-guidance-for-ai-assisted-inventions (Accessed: 01.05.2024).
2. Yanisky-Ravid, Shlomit and Jin, Regina, Summoning a New Artificial Intelligence Patent Model: In the Age of Pandemic (June 4, 2020). Michigan State Law Review, Vol. 2021, No. 3, 2021. // SSRN. [Electronic resource]. – Access mode: https://ssrn.com/abstract=3619069 (date of access: 01.05.2024).
3. Alekseeva O. L., Zaitsev Yu. S. Retrospective review of Russian regulations and methodological documents in the field of patenting IT solutions // FIPS Bulletin. – 2022. – Vol. 1. No. 2. – Pp. 23-31. – EDN HVDKNG.
4. Blednov K. D. Problems of legal protection of the results of intellectual activity, including artificial intelligence systems // Copyright. Bulletin of the Russian Academy of Intellectual Property and the Russian Authors’ Society. – 2023. – No. 1. – Pp. 114-127. – EDN LONSXI.
5. Vyshegorodtsev K. E., Balashov A. V., Velmozhin G. A., Sysoev V. V. Sberbank PJSC. Method and system for identifying synthetically modified images of faces in video. Russian Federation Patent No. 2768797, IPC G06V 10/70 (2022.01), G06T 1/40 (2006.01), G06N 3/02 (2006.01) 2021130421; Cl. 19.10.2021. Published 24.03.2022. Bulletin No. 9.
6. Ivliev G. P., Egorova M. A. Prospects for using artificial intelligence systems in the work of patent offices // Intellectual Property. Industrial Property. – 2023. – No. 1. – P. 22-31. – EDN BKJDTP.
7. Kozhemyakin D. V. Standard for checking the presence of an inventive step in the context of determining the figure of an ordinary specialist // Journal of the Court of Intellectual Property. – 2022. – September. Issue 3(37). – P. 49-55.
8. Tikhonova M. I., PAO Sberbank. Text generation method and system. Patent No. 2817524 RF, IPC G06F 40/20 (2020.01), G06N 3/02 (2006.01), 2023114596; Cl. 02.06.2023. Published 16.04.2024. Bulletin No. 11.
CIVIL LAW
YASTREMSKIY Ivan Anatoljevich
Lawyer of the Leningrad regional bar association, branch of the Law Firm “Pelevin and Partners”
THE LEGAL SIGNIFICANCE OF CONSENT TO THE USE OF A PATIENT’S IMAGE IN A CONTRACT FOR THE PROVISION OF PAID MEDICAL SERVICES IN THE PLASTIC SURGERY PROFILE
The article examines the types of liability for disclosure of medical secrets. It is established that the law prohibits the publication of photographs with the image of the patient without his consent. The essence and meaning of the patient’s consent as a condition for the publication and use of his image are revealed. It is proposed to reduce the risks of plastic surgery clinics to have two separate consent forms for photographing for indoor and outdoor use. The cases from practice related to the misuse of patient images are analyzed.
Keywords: patient, consent, photograph, image, publication, surgeon, clinic, medical secrecy, responsibility.
Article bibliography
1. Ablyatipova N.A., Volkova I.Yu. The citizen’s right to the inviolability of the image: an analysis of the effectiveness of law enforcement practice in determining the criteria for the illegality of use // Scientific notes of the Crimean Federal University named after V.I. Vernadsky. Legal sciences. 2021. No. 1.
2. Zakharchenko D.S. Legal problems of using the image of a citizen // Lawyer. 2016. No. 21.
3. Kamensky M. A. Citizen’s right to an image: current issues // Bulletin of the South-West State University. Series: History and Law. 2022. Vol. 12. No. 6. Pp. 10-22.
4. Mazaev D. V. Protection of a citizen’s image on the Internet // Bulletin of the Saratov State Law Academy. 2016. No. 6 (113).
5. Mikryukov V. A. On differentiated consent of a citizen to the publication and use of his own image // Law and Economics. 2013. No. 2.
6. Patient’s consent to the use of his image. [Electronic resource]. – Access mode: https://www.zdrav.ru/articles/102066-qqe-16-m01-soglasie-patsienta-na-ispolzovanie-ego-izobrajeniya?ysclid=lrn5q4vkxn781282577.
7. Shirshchikova M. V. Consent to use a citizen’s image as an element of protecting privacy // Bulletin of the Magistracy. 2018. No. 5-4 (80).
8. Friedman V. The right to an image: features of legal regulation and methods of protection // Intellectual property. Copyright and related rights. 2019. No. 8. [Electronic resource]. – Access mode: https://urfac.ru/?p=2655.
CIVIL LAW
AIDANOV Semen Dinarovich
master’s degree in law, postgraduate student of the P. A. Stolypin International Institute of Informatization and Public Administration
PROBLEMS OF D EVELOPMENT AND STATE SUPPORT OF SOCIAL ENTREPRENEURSHIP IN THE RUSSIAN FEDERATION
In this article, the author analyzes law enforcement practice, as well as public relations arising in connection with the implementation of socially oriented entrepreneurial activities, in particular in the subjects of the Russian Federation. The author proposes and substantiates various necessary measures of state support and popularization aimed at the development of social entrepreneurship in the Russian Federation
Keywords: civil law, business law, support measures, social activities, social entrepreneurship, state guarantee.
Article bibliography
1. Kulkova V. Yu. Implementation of state support for social entrepreneurship in the development of social services in the Russian Federation in regional practices // Issues of Management. – 2021. – No. 2 (69). – P. 93.
2. Lebedintseva L. A., Deryugin P. P. Business and social entrepreneurship: an overview of the main models // The Journal of Social Policy Studies. – 2021. – No. 19 (1). – P. 155-165.
3. Moskovskaya A. A., Soboleva I. V. Social entrepreneurship in the system of social policy: world experience and prospects of Russia // Problems of forecasting. – 2016. – No. 6. – P. 103-111.
4. Solovieva T. S. Social entrepreneurship as a conductor of social innovations in the modern economy // MIRBIS Bulletin. – 2022. – No. 2 (30). – P. 165-178.
5. Semenova D. A. Social entrepreneurship as a driver of economic growth in Russia // Scientific almanac. – 2016. – No. 7. – P. 178-184.
CIVIL LAW
GUSEVA Anastasiya Alexandrovna
Master of Law of the National Research University “Higher School of Economics”, Bachelor of Law of the O. E. Kutafin Moscow State Law University (MSAL)
REAL ESTATE POSSESSION IN VINDICATION DISPUTES
The article deals with the problem of determining a possession. Different views of scientists are given (possession is a fact, or possession is a right). Moreover, the author analyzes whether the “book possession” should be recognized or not. This issue is on the front burner because of the absence of a legal definition and the absence of a consensus among scientists on this term. The author doesn’t concentrate on the possible future regulation in case of the creation a possessory protection in Russian legislation. The author tries to focus on approaches to the interpretation of “possession”, taking into account current legislation and judicial practice. Therefore, the main purpose of the article is to formulate how a possession (especially real estate possession) should be understood in vindication disputes at present. The issue of the possibility or impossibility of real estate vindication (taking into account its peculiarities) is also considered. The author concludes that according to the current regulation the possession is defined as a fact, a vindication of real estate is possible, and there is no need to exclude such method of real estate protection.
Keywords: vindication, property, protection of rights, goods, real estate, property law, civil law, possession.
Bibliographic list of articles
1. Alekseev V. A. On the ownership of real estate // Law. – 2019. – No. 9. – P. 146-156.
2. Belov V. A. Real civil law forms. – M., 2017. – 307 p.
3. Belov V. A. Essays on property law. Scientific and polemical notes. – M., 2017. – 332 p.
4. Vasilevskaya L. Yu. Ownership and its protection in the draft Federal Law on Property Law: problems and contradictions // Prologue: journal on law. – 2017 . – No. 3. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/vladenie-i-ego-zaschita-v-proekte-federalnogo-zakona-o-veschnom-prave-problemy -i-protivorechiya.
5. Vitryansky V. V. Actual problems of judicial protection of property rights to real estate // Civil law of modern Russia / Comp. O. M. Kozyr and A. L. Makovsky. – M.: Statut, 2008. – P. 18-34.
6. Dozhdev D. V. Grounds for the protection of possession in Roman law / Institute of State and Law of the Russian Academy of Sciences. – M., 1996. – 238 p.
7. Lorenz D. V. The owner’s will to withdraw real estate from his possession: in the context of vindication // Russian judge. – 2020. – No. 7. – P. 9-15.
8. Malbin D. A. Real estate as an object of recovery in a vindication claim // Russian Law Journal. – 2022. – No. 5. – P. 55-65.
9. Morgunov S. V. Vindication in civil law. Theory. Problems. Practice. – M.: Statut, 2006. – 301 p.
10. Podshivalov T. P. Negatory claim: problems of theory and practice: monograph. – M.: Infotropic Media, 2019. – 340 p.
11. Rudokvas A. D. Commentary on certain provisions of the Resolution of the Plenum of the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation of April 29, 2010 No. 10/22 “On certain issues arising in judicial practice in resolving disputes related to the protection of property rights and other property rights” in light of the upcoming reform of the Civil Code of the Russian Federation // Bulletin of the Supreme Arbitration Court of the Russian Federation. – 2010. – No. 7. – P. 68-69.
12. Rybalov A. O. Ownership rights (commentary to Article 209 of the Civil Code of the Russian Federation). – M., 2017. – 96 p.
13. Sklovsky K. I. Everyday Civil Law. – M.: Statut, 2017. – 288 p.
14. Sklovsky K. I. Application of Property Law. Difficult questions. – M., 2016. – 208 p.
15. Sklovsky K. I. Transaction and ownership // Bulletin of Economic Justice of the Russian Federation. – 2015. – No. 5. – P. 51-62.
16. Sukhanov E. A. Property law: scientific and educational essay. – M.: Statut, 2017. – 560 p.
17. Erdelevsky A. M. On the protection of property rights to real estate // Business and Law.– 2007. – No. 2. – P. 92-96.
CIVIL LAW
KAZAKEVICH Kirill Sergeevich
postgraduate student of the Moscow Financial and Industrial University “Synergy”
GROUNDS FOR CHALLENGING TRANSACTIONS OF AN INSOLVENT DEBTOR
This article is dedicated to the analysis of issues related to the grounds for challenging transactions of an insolvent debtor. The study examined the main legal aspects of the debtor’s insolvency problem, and also examined the regulations governing the procedures for challenging transactions. The article examines judicial practice and theoretical aspects of the problem, and also offers recommendations for improving legislation in this area.
Keywords: transactions, bankruptcy, insolvency, debtor, invalid transactions.
Bibliographic list of articles
1. Beknzar-Yuzbashev G. T. Abuse of law and the principle of good faithinform in the civil law of Russia and Germany: author’s abstract. dis. … candidate of legal sciences. – Moscow, 2020. – 26 p.
2. Durnovo N. A. Abuse of law as a special type of legal behavior: author’s abstract. dis. … candidate of legal sciences. – Nizhny Novgorod, 2022. – 28 p.
3. Nikolaev A. Limitation period for challenging the debtor’s transactions // EZh-Yurist. – 2016. – No. 8. – P. 8-14.
4. Vasilyeva A. The ratio of general civil and bankruptcy grounds for invalidity of transactions: courts in search of a balance // Legal work in a credit institution. – 2022. – No. 2 (64). – pp. 54-64.
CIVIL LAW
MINACHEV German Renatovich
student of the Far Eastern Federal University, Vladivostok
KUTDUSOVA Anastasiya Valerjevna
student of the Far Eastern Federal University, Vladivostok
>BONDAREVA Olga Yurjevna
student of the Far Eastern Federal University, Vladivostok
LEGAL REGULATION AND PROBLEMS OF ALIENATION OF SHARES AND SHARES IN THE AUTHORIZED CAPITAL OF BUSINESS ENTITIES: LEGISLATION AND JUDICIAL PRACTICE
The article is dedicated to the study of legal regulation and topical issues related to the alienation of shares and shares in the authorized capital of business entities. The provisions of the current legislation are considered and judicial practice on issues of compliance with the preferential rights of participants (shareholders) is analyzed. Special attention is paid to alienation procedures and possible abuses when using gratuitous and reimbursable transactions to circumvent the rules on pre-emptive right. The author offers a classification of the main problems and puts forward proposals for improving legal regulation in order to prevent abuse and protect the interests of participants in business companies.
Keywords: corporate law, alienation of shares, alienation of shares, authorized capital, business entities, pre-emptive law, judicial practice, sham transactions, legislation.
Article bibliographic list
1. Maksurov A. A. Piercing the corporate veil. Why it doesn’t work in Russia and how to fix it // Corporate lawyer. – 2019. – No. 10. – P. 16-23.
2. Remizova AV Transfer of a share in the authorized capital of a limited liability company by way of hereditary succession: Abstract of a Cand. Sci. (Law) Dissertation. – M., 2013. – P. 12-18
3. Remizova AV The concept of the legal nature of a share in the authorized capital of a limited liability company in light of the reform of civil legislation // Economy and Management: Current Problems of Reform: Collection of scientific articles following the results of the International Scientific and Practical Conference, Volgograd, April 25-26, 2012 / Ed. by D.Sc. (Econ.), prof. I.E. Belskikh, D.Sc. (Econ.), prof. I.M. Kublina. – Volgograd: Volgograd Scientific Publishing House, 2012. – P. 19-21.
4. Maksurov A. A. Procedural issues of alienation of shares and stakes of business entities // Russian Journal of Legal Research. – 2020. – No. 1. – P. 54-59.
5. Stepanov D. I. Freedom of contract and corporate law // Civil law and modernity: a collection of articles dedicated to the memory of M. I. Braginsky / Ed. V. N. Litovkin, K. B. Yaroshenko. – M., 2016. – pp. 314-398.
CIVIL LAW
MYAGKOVA Elvira Valerjevna
postgraduate student of Civil law sub-faculty of the A. A. Khmyrov Faculty of Law of the Kuban State University, lecturer of International law sub- faculty of the North Caucasian branch of the Russian State University of Justice Krasnodar
“GREENING” OF CIVIL LEGISLATION: THE EXPERIENCE OF SPECIFIC FOREIGN COUNTRIES AND PROSPECTS FOR DEVELOPMENT IN RUSSIA
The author in the article attempts to search for means and method to achieve environmental safety through the modernization of Russian civil legislation. The author throughout the example of foreign jurisdictions (People’s Republic of China, France Republic) identifies and shows a tendency towards introducing principles aimed at environmental stability into civil law norms. Within the example of the “green” principle of the Civil Code of the People’s Republic of China, the author demonstrates valuable experience in incorporating environmental standards into the body of the law of obligations and also makes a proposal for transferring the experience of “greening” the law of obligations into the civil law of Russia. The French experience of introducing environmental standards into the sphere of tort relations leads the author to the conclusion about an effective method of civil liability for damage to the environment. In conclusion of the presented study the author underlines the necessity to modernize the civil legislation of Russia in favor of including “green” rules of law both in the sphere of cakesand in the sphere of obligatory legal relations.
Keywords: ecology, “greening” of civil legislation, subject of environmental law, principles of civil law, «green» principle, tort law, law of obligations.
Bibliographic list of articles
1. Alekseev S.S. The structure of Soviet law. Moscow, 1975. Pp. 38-40.
2. Anisimov A.P. Environmental law of Russia. Moscow: Yurait Publishing House, 2024. Pp. 24.
3. Bogolyubov S.A. Potential of environmental norms of the Constitution of Russia // Journal of Russian Law. 2018. No. 5 (257). Pp. 16-25.
4. Bogolyubov S.A., Suleimenov M.K. Environmental law is an integrated industry. Problems of the Theory of Environmental Law: Dialogue // Environmental Law. 2014. No. 4. P. 32-38.
5. Ecology. Legal Encyclopedic Dictionary. Ed. by prof. S. A. Bogolyubov. Moscow: Norma, 2000. P. 126.
6. Golichenkov A. K. Environmental Legislation of Russia: Concept, Status, Development. Environmental Law of Russia at the Turn of the 21st Century: A Collection of Scientific Articles by Lecturers and Postgraduate Students of the Department of Environmental and Land Law, Faculty of Law, Moscow State University. M. V. Lomonosov, dedicated to the memory of Professor V. V. Petrov: M.: Zertsalo, 2000. S. 36.
7. Kozhevnikov A. Yu., Lindberg T. D. Wisdom of Ancient Greece and Rome: M.: OLMA Media Group, 2013. S. 163.
8. Petrov V. V. Environmental Law of Russia: textbook. M.: Beck, 1995. S. 557.
9. Simonenko E. S. “Green Principle” in the New Codified Legislation of the People’s Republic of China: Its Prerequisites and Development Prospects. Perm Legal Almanac. 2022. No. 5. S. 224.
10. Shchennikova L. V. Patterns of Formation of the Principles of Property Law in the Legislation of the Countries of the World. Society and Law. 2019. No. 1 (67). P. 133
11. Ouyang Jie Unleashing the Green Principle in the Chinese Civil Code: Embedding Private Law into the Green Transition (October 18, 2023). Journal of European Consumer and Market Law, Volume 12, Issue 5 (2023). pp. 203-208, Available at SSRN. [Electronic resource]. – Access mode: https://ssrn.com/abstract=4618657 (date of access: 06/01/2024).
CIVIL LAW
NOSKOVA Yuliya Andreevna
postgraduate student of the Ulyanovsk State University
THE FORM OF THE VEHICLE RENTAL AGREEMENT
The relevance of the article is provided by the study of issues related to the rental of vehicles and its form such as the conclusion of a contract. The article discusses the features of the types of lease agreements, both with and without a crew, characteristic features and a new subspecies of the “carsharing” agreement. The relationship between the legal accuracy of the provisions of the contract and its possible challenge in court has been established. Problematic issues in the implementation of its legal regulation have been identified and the need to fix the standard form of transport rental in legislation has been proven.
Keywords: rent, legislation, carsharing, vehicle, contract form.
Article bibliography
1. Stadnik V.V., Tsukanov O.V. On the subject of the vehicle rental agreement // Notes of a scientist. – 2022. – No. 6. – P. 365-368.
2. Vakhitova G.R., Tayupova Yu.A., Akhmetova A.T. Civil law characteristics of vehicle rental agreements: concept, parties, subject, form, term and content of the agreement // Alley of Science. – 2017. – V. 1. No. 16. – P. 417-421.
3. Kuznetsova P. A. The relationship between the vehicle lease agreement and other types of civil law contracts // 25 years of the Civil Code of the Russian Federation: traditions and innovations in private law development. Proceedings of the international scientific and practical conference (with an element of the young scientist’s school). – 2019. – P. 383-388.
4. Kurteev A. V. Actual problems of the vehicle lease agreement // Synergy of Sciences. – 2023. – No. 82. – P. 504-513.
5. Boyarskaya Yu. N. Actual problems of legal regulation of the vehicle lease agreement in the context of digital transformation // Actual problems of society, economics and law in the context of global challenges. Collection of materials of the XXIV International scientific and practical conference. – St. Petersburg, 2023. – P. 251-256.
6. Asmandiyarov V. M., Santashov A. L. On the issue of the real or consensual nature of the vehicle lease agreement // Bulletin of the Academy of the Investigative Committee of the Russian Federation. – 2023. – No. 1 (35). – P. 93-97.
7. Ivanova A. A. Vehicle lease agreement // Forum of young scientists. – 2020. – No. 9 (49). – P. 35-37.
8. Boer A. A. Some problems of the content of the vehicle lease agreement // Law. Law. State. – 2019. – No. 2 (22). – P. 49-54.
9. Shabalatov A. V. Consideration by arbitration courts of disputes arising from the lease of vehicles // Innovations. Science. Education. – 2021. – No. 48. – P. 626-632.
10. BykovskayaE. A. Vehicle lease agreement: theory and practice of application // Bulletin of SUSPS: humanitarian research. – 2017. – No. 2. – P. 58-61.
11. Sufiyarova K. P. The problem of qualification of vehicle lease agreement // ExLegis: legal research. – 2019. – No. 1. – pp. 44-46.
CIVIL LAW
SOKOVICH Nikita Alexeevich
postgraduate student of the Moscow Financial and Industrial University “Synergy”
SELECTED FEATURES OF THE LEGAL REGULATION OF A CORPORATE AGREEMENT IN THE RUSSIAN FEDERATION
The article examines certain features of the legal regulation of a corporate agreement in the Russian Federation. The author examines current issues related to the lack of legal norms on corporate responsibility, which may affect the possibility of applying measures to violators of contracts within the framework of existing rules.
Keywords: corporate agreements, civil law, dispute resolution, collection of compensation.
Article bibliography
1. Klyachin A. A. Corporate agreement as a legal fact // Economy and Law. – 2021. – No. 12. – P. 210.
2. Varyushin M. S. Civil regulation of corporate agreements: comparative analysis: dis. … candidate of legal sciences. – Moscow, 2020. – P. 185.
3. Gribkova T. V. Shareholders’ agreements as a means of legal regulation of corporate relations: dis. … candidate of legal sciences. – M., 2019. – P. 190.
4. Khokhlov V. A. Corporate agreement as an organizational agreement of Russian law // Bulletin of the Volga University named after V. N. Tatishchev. – 2014. – No. 4 (81). – P. 240.
5. Guryev V. S. Shareholders’ agreements as a group of corporate agreements: dis. … candidate of legal sciences. – M., 2019. – P. 120.
6. Garmaev A. Russian law for joint ventures // EZh-Yurist. – 2014. – No. 38. – P. 190.
7. Borodkin V. G. Civil regulation of a corporate agreement: dis. … candidate of legal sciences. – M., 2018. – P. 204.
9. Zhelonkin S. S., Rogova Yu. V. Civil-law contract: individual issues of theory and practice: monograph. – St. Petersburg, 2021. – P. 410.
8. Lomakin D. V. Contracts on the exercise of rights of participants in business entities as a novelty of corporate legislation // Bulletin of the Supreme Arbitration Court. – 2020. – No. 8. – P. 184.
CIVIL LAW
CHEPURKO Artem Vadimovich
master’s degree in law, postgraduate student of the direction «5.1.3. Private law (civilistic) sciences” of the P. A. Stolypin International Institute of Informatization and Public Administration
SECURITY TRANSFER OF LEGAL TITLE AS UNNAMED MEAN OF ENSURING THE FULFILMENT OF OBLIGATIONS IN THE CIVIL LEGISLATION
Ensuring the fulfillment of obligations is one of the basic civil law instruments that allows economic entities to expect proper fulfillment by counterparties. Non-statutory ensuring the fulfillment of obligations, such as security transfer of legal title or security title transfer, are of particular interest for research. In this article, we will consider the concept of security title. The relevance of the topic of the study is due to the lack of direct legal regulation by Russian legislation on unnamed means to ensure the fulfillment of obligations.
Keywords: civil law, security transfer of legal title, fulfillment of obligations, ensuring the fulfillment of obligations, bail.
Article bibliography
1. Braginsky M. I., Vitryansky V. V. “Contract Law. General Provisions.” (Book 1) // Statute. – 2001. – P. 477.
2. Sarbash S. V. Security Transfer of Legal Title // Bulletin of Civil Law. – 2008. – No. 1.
3. Egorov A. V., Usmanova E. R. Pledge and Title Security: Theoretical and Practical Comparison of Designs // Bulletin of Civil Law. – 2014. – No. 4.
4. Zikun I. I. The design of title security in civil law: the main problems // Bulletin of civil law. – 2016. – No. 2.
5. Usmanova E. R. Title security of civil obligations. Dissertation for the degree of candidate of legal sciences. – P. 25 // On the rights of a manuscript https://izak.ru. Date 01.08.2024.
6. Vasilevskaya L. Yu. The doctrine of real transactions under German law. – M., 2004. – P. 182.
7. Beale H., Bridge M., Gullifer L., Lomnicka E. The Law of Personal Property Security. – Oxford, 2007. – P. 19, 177-178 @@ Goode R. Commercial Law. 3rd ed. – Oxford, 2004. – P. 709-713.
CIVIL PROCEDURE
LITVINTSEV Sergey Anatoljevich
postgraduate student of the Moscow Financial and Industrial University “Synergy”
FEATURES OF THE LEGAL STATUS OF A LAW YER IN CIVIL PROCEEDINGS
The article is devoted to the analysis of the peculiarities of the legal status of a lawyer in civil proceedings. Due to the increasing role and importance of the institution of legal representation in modern society, this article is especially relevant. The basic rights and duties of a lawyer, as well as his procedural position in the course of civil proceedings, are considered. Special attention is paid to such aspects as guarantees of the independence of a lawyer, his role in ensuring the competitiveness and equality of the parties, as well as the specifics of the lawyer’s implementation of the function of representing the interests of the principal. The article examines the legal mechanisms that ensure the effective participation of a lawyer-representative in civil proceedings, and suggests ways to improve legislation in this area, due to its bilateral status – organizational, legal and procedural. The methodological basis of the article is general scientific (logical, systematic and functional, induction, deduction, analysis and synthesis) and private law (formal legal, comparative legal) research methods. The article will be useful for practicing lawyers, researchers, as well as anyone interested in civil proceedings.
Keywords: lawyer, civil procedure, legal status, powers, responsibility, professional independence, ethical standards, legal regulation.
Article bibliography
1. Voronov A. A. The role of the Bar in the implementation of the constitutional right to qualified legal assistance: author’s abstract. dis. … candidate of legal sciences. – M ., 2008. – P. 6.
2. Galaganov A. P. Legal status of a lawyer and forms of its implementation // Law and states: theory and practice. – 2011. – No. 10 (82). – P. 75 -85. [Electronic resource]. – Access mode: https://www.elibrary.ru/item.asp?id=17068389 (date of access: 23.03.2024).
3. Federal Law of 31.05.2002 No. 63-FZ (as amended on 24.07. .2023) “On Advocacy and the Bar in the Russian Federation” // Collection of Legislation of the Russian Federation. – 2002. – No. 23. – Art. 2102.
4. “Civil Procedure Code of the Russian Federation” dated 11/14/2002 No. 138- Federal Law (as amended on 25.12.2023, as amended on 25.01.2024) // Collected Legislation of the Russian Federation. – 2002. – No. 46. – Art. 4532.
5. Kiryanov A. Yu. Advocacy as a subject of non-state control // Advocacy practice. – 2019. – No. 2. – P. 12-16.
CIVIL PROCEDURE
MAGOMEDOV Gasan Guseynovich
magister student of the 2nd course, program profile: «problems of financial and arbitration procedural law» of the Dagestan State University, Makhachkala
NURBALAEVA Aminat Magomedovna
Ph.D. in Law, associate professor of Civil process sub-faculty of the Dagestan State University, Makhachkala
COMPARATIVE ANALYSIS OF REPRESENTATION IN CIVIL AND ARBITRATION PROCEEDINGS
The article examines procedural representation in civil and arbitration proceedings , highlighting significant overlaps between these areas. The main elements that form these categories are regulated not only by the Civil Procedure Code of the Russian Federation and the Arbitration Procedure Code of the Russian Federation but also by other legislative acts. The article considers the delegation of representative authority, regulated by civil law norms applicable in both types of proceedings. Procedural representation is described as a system of actions, relationships, and as a distinct legal institution. Issues of terminological ambiguity and the impact of precise terminology on the development of procedural law are emphasized. The normative regulation of representation, its universality and effectiveness in protecting citizens’ rights, and the differences in implementation in civil and arbitration processes are analyzed.
Keywords: procedural representation, civil proceedings, arbitration proceedings, civil Procedure Code, arbitration Procedure Code, delegation of authority, legal and contractual representation.
Article bibliographic list
1. Civil Procedure Code of the Russian Federation of 14.11.2002 No. 138-FZ (as amended . from 06.04.2024, as amended from 04.06.2024) // Rossiyskaya Gazeta. – No. 220. – 20.11.2002.
2. Arbitration Procedural Code of the Russian Federation” dated 24.07.2002 No. 95-FZ (as amended on 29.05.2024) // Collection of Legislation of the Russian Federation. – 29.07.2002. – No. 30 . – Art. 3012.
3. Kasatkina E. A. Participants in the arbitration process. Representation in the arbitration process // Arbitration process: workshop. – Vladimir: Vladimir Law Institute of the Federal Penitentiary Service, 2019. – P. 13-16 .
4. Ruzaev E. P. Representation in civil proceedings and its types // Postulate. – 2022. – No. 6 (80). – P. 15-19.
5. Ryabova O. A. On the issue of professional representation in Russian civil proceedings // Social Science and Social Psychology.- 2022. – No. 12-2 (42). – P. 894-899.
6. Kharchenko M. A. Representation in arbitration proceedings // Modern research in higher education – 2024: Collection of articles from the International scientific and practical conference, Petrozavodsk, February 27, 2024. – Petrozavodsk: International Center for Scientific Partnership “New Science” (IP Ivanovskaya I. I.), 2024. – P. 18-21.
CIVIL PROCEEDINGS
RYCHAGOVA Oksana Evgenjevna
Ph.D. in Law, associate professor of Civil law sub-faculty of the Siberian University of Consumer Cooperatives, Novosibirsk
ON THE ISSUE OF THE TASKS OF UNIONS OF CONSUMER SOCIETIES IN THE ASPECT OF PROTECTING THE RIGHTS OF MEMBERS OF CONSUMER SOCIETIES
The article substantiates the necessity and prospects of legislative endowment of unions of consumer societies with the authority to enter into trouble in various procedural statuses to protect the rights of shareholders. It is suggested that it is possible to legislatively establish a mandatory pre-trial procedure for resolving a dispute between subjects of internal relations of consumer cooperation by unions of consumer societies.
Keywords: consumer cooperation, unions of consumer societies, protection of the rights and legitimate interests of shareholders, pre-trial settlement of disputes, procedural status of consumer cooperation unions.
Article bibliography
1. On consumer cooperation (consumer societies, their unions) in the Russian Federation: Law of the Russian Federation of 19.06.1992 No. 3085-1.
CIVIL PROCEEDINGS
ELMURZAEV Asoltan Valerjevich
Ph.D. in Law, associate professor, associate professor of Civil law sub-faculty of the Hero of the Russian Federation, Army General E. N. Zinichev St. Petersburg University of the State Fire Service of the Ministry of Emergency Situations of Russia
KHAMAIKO Evgeniy Sergeevich
student of the Hero of the Russian Federation, Army General E. N. Zinichev St. Petersburg University of the State Fire Service of the Ministry of Emergency Situations of Russia
CORRESPONDENCE PROCEEDINGS IN CIVIL PROCEEDINGS
The article is devoted to the analysis and consideration of the institution of correspondence production in various time categories. Special attention is paid to issues related to the defendant’s non-appearance. In the course of the work, a study of current civil procedure legislation was conducted, as well as various points of view on the problem of applying this institution in practice were studied. Judicial practice and statistics were studied to confirm the significance and relevance of the application of the procedure of absentee consideration of a case in court. Based on the data obtained, proposals were made to improve the existing norms governing this institution. One of the proposals is the possibility of considering the case in absentia with the participation of a third party who makes independent claims, even in the absence of the plaintiff and the defendant. All these aspects helped to cover the topic more fully and provide a thorough overview of the institution of correspondence proceedings and its impact on the trial.
Keywords: civil procedure, civil proceedings, correspondence proceedings, procedural law, defendant.
Article bibliography
1. The Constitution of the Russian Federation (adopted by popular vote on 12.12.1993 with amendments of 04.10.2022) // Official Internet portal of legal information (www.pravo.gov.ru) dated October 6, 2022.
2. The Civil Procedure Code of the Russian Federation dated 14.11.2002 No. 138-FZ (as amended on 25.12.2023, as amended on 06.04.2024) // Collected Legislation of the Russian Federation. 18.11.2002. – No. 46. – Article 4532.
3. Judicial decision of the Tuapse District Court of Krasnodar Krai in case No. 2-164/2017 // Judicial and regulatory acts of the Russian Federation. – [Electronic resource]. – Access mode: http://sudact.ru/regular/doc/JQtlFbCjgEYq / (date of access: 30.05.2024).
4. Duben A.K. Institute of absentee proceedings in civil proceedings: essence and meaning // Colloquium-Journal. – 2019. – No. 24-9 (48). – P. 12-14.
5. Polygalova E. V., Belous V. A., Vershinina G. I. Actual problems of absentia proceedings in civil proceedings // Study of the innovative potential of society and formation of directions of its strategic development: collection of scientific articles of the 9th All-Russian scientific and practical conference with international participation. In 3 volumes, Kursk, December 30, 2019 / Editor-in-chief A. A. Gorokhov. Volume 3. – Kursk: South-West State University, 2019. – P. 71-76.
6. Skachkov N. S. Problems of absentia proceedings in civil proceedings // Epomen. Global. – 2019. – No. 1. – pp. 91-97.
FAMILY LAW
KOSTINA Elina Stanislavovna
student of the professional retraining program “Jurisprudence” of the V. N. Tatishchev Astrakhan State University
FAMILY AND INHERITANCE DISPUTES AND THEIR CONSEQUENCES FOR THE ACTIVITIES OF THE CORPORATION
The article considers the problem of corporations’ recovery from crisis when family and inheritance disputes arise. Typical conflict situations in family companies. Competence in conflicts. As well as options for resolving family and inheritance dispute situations. Research shows that family businesses perform better than non-family businesses, but the empirical evidence on this issue is contradictory, making it difficult to generalize the results due to differences in definitions and company size. Crises in the corporate environment are characterized by unplanned threats to the existence of the company, which may arise both internally and externally. A corporate crisis challenges the viability of a business and can lead to its destruction. While family businesses are typically associated with crisis resilience, prolonged conflicts can threaten their existence, creating a destructive dynamic .
Keywords: corporations, family businesses, corporate crisis, settlement of family and inheritance disputes, protection of company interests.
Article bibliography
1 . Barkov A. V., Grishina Ya. S. A look at the legalization of family entrepreneurship through the prism of social and entrepreneurial lawmaking experience // Family business in the legal space of Russia: monograph / Ed. I. V. Ershova, A. N. Levushkin. – M.: Prospect, 2020. – P. 33-44.
2. Afanasyeva E. G. Penetration of family relations into corporate ones // Social and humanitarian sciences. Domestic and foreign literature. Series 4. State and Law: Abstract Journal. – 2020. – No. 2. – P. 122-126.
3. Thomas K. W., Kilmann R. H. Thomas – Kilmann conflict mode instrument / XICOM. – 1990. – R. 4.
4. Pronina D. V. Current issues of inheritance of shares in a limited liability company // Law. Society. State. Collection of scientific papers of students and postgraduates / Ed. E. . V. Trofimova. St. Petersburg, 2021. – P. 140-143.
5. Fedorova Yu. L. Problematic issues of inheritance of corporate rights in joint-stock companies and limited liability companies // Scientific interdisciplinary research. – 2021. – No. 4. – P. 336-341.
6. Rodnova O. M. Share in the authorized capital as an object of inheritance // Problems of civil law and process. – 2018. – No. 8. – P. 72-83.
7. Chirkaev S. A. Will as a transaction and as a basis for inheritance // Bulletin of the Saratov State Law Academy. – 2017. – No. 5 (118). – P. 140-149.
8. Skorodumova P. A. Limitation by the charter of a limited liability company of the heir’s ability to become a participant // Socio-economic sciences and humanitarian research / Ed. S. S. Chernov. – M., 2017. – P. 145- 150.
9. Sitdikova L. B. Inheritance of corporate rights // Inheritance law. – 2019. – No. 1. – P. 7-11.
10. Kharin V. I. Problems of trust management of shares in the authorized capital capital of the company, which is part of the inheritance mass // Questions of Russian justice. – 2022. – No. 17. – P. 442-456.
11. Avanesyan D. A., Manukyan A. A. Actual problems of inheritance of rights related with participation in joint-stock companies // Science Bulletin. – 2020. – No. 1 (22). – C. 56-63.
INHERITANCE
PLEKHANOVA Olesya Igorevna
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Baikal State University, Irkutsk; member of the Expert Council under the Commissioner for Children’s Rights of the Irkutsk Region
INHERITANCE BY RIGHT OF REPRESENTATION: ANALYSIS OF JUDICIAL PRACTICE
The article discusses the features of inheritance by right of representation. The article examines the hereditary rights of heirs related to the right of representation in the context of modern jurisprudence. Using specific examples of judicial practice, the author notes the problem associated with inheritance by distant relatives. It is concluded that it is necessary to further develop the institution of inheritance by right of representation by expanding at the legislative level the circle of persons-heirs who have blood-related ties with the testator, in order to protect their property rights.
Keywords: inheritance, heirs, subjects of inheritance, inheritance by law, the right of representation.
Article bibliography
1. Kornakova S. V. On the issue of the principle of justice // Siberian criminal procedure and forensic readings. – 2014. – No. 2 (6). – P. 64-70.
2. Belkova E. G. Status of the subject of law // Izvestiya IGEA. – 2007. – No. 1 (51). – P. 44-47.
3. Vinichenko Yu. V. On the issue of reasonableness in the context of the problem of individual legal regulation // Izvestiya IGEA. – 2011. – No. 6. (80). – pp. 175-178.
LABOR LAW
MASLO Yuliya Vladimirovna
student of the Far Eastern Federal University, Vladivostok
KIM Evgeniya Fedorovna
lecturer at the Far Eastern Federal University, Vladivostok
BIOMETRIC DATA: CONSIDERATION OF LEGAL DISPUTES BETWEEN AN EMPLOYEE AND AN EMPLOYER
This article discusses issues related to the use of biometric data in the framework of employment relations. The author examines the decree of the Government of the Russian Federation, court rulings on the topic of what relates to biometric data. The article analyzes the litigation between employees and employers provoked by the collection, storage and processing of biometrics. Special attention is paid to the legal aspects of the use of biometric data. The author analyzes the legislation in this area, examines the norms governing the collection, storage and processing of biometric data.
Keywords: biometric data, regulations, biometric data processing, judicial practice.
Article bibliography
1. Aliyev R. I. Biometric systems for monitoring and recording working time: problematic aspects // Problems of modern legislation of Russia and foreign countries: Materials of the XI International scientific and practical conference, Irkutsk, September 5, 2022 / Responsible. editor A. M. Bychkova. – Irkutsk: Irkutsk Institute (branch) of VSUJ (RPA of the Ministry of Justice of Russia), 2022. – P. 7-10.
2. Nazarova V. L., Shesteryakova I. V. Features of collecting biometric personal data of an employee in labor relations // Scientific achievements in the 21st century: modernization, innovation, progress: Collection of scientific papers based on the materials of the V International Scientific and Practical Conference, Anapa, July 01, 2022. – Anapa: Limited Liability Company “Research Center for Economic and Social Processes” in the Southern Federal District, 2022. – P. 75-80.
3. Novikova Yu. A. Categories of personal data of employees // Labor law issues. – 2024. – No. 1. – P. 22-29. – DOI 10.33920/pol-2-2401-03.
4. Petrov S. K., Makekadyrova A. S. Biometric technologies and their application in retail enterprises // Financial markets and banks. – 2021. – No. 4. – P. 141-146
5. Sapphire A. A. Classification of personal data of employees and requirements for their processing by employers // Points of scientific growth: at the start of the decade of science and technology: Proceedings of the annual scientific and practical conference of teachers on the results of R&D for 2022, Krasnodar, May 12, 2023. – Krasnodar: Kuban State Agrarian University named after I. T. Trubilin, 2023. – P. 955-957.
PUBLIC LAW
KOZYRSKIY Dmitriy Alexandrovich
senior lecturer of the Volgograd branch of the G. V. Plekhanov Russian University of Economics
LEGAL REGULATION OF THE BALANCE OF INTERESTS IN RUSSIAN LEGISLATION ON INSOLVENCY (BANKRUPTCY) OF 2024
The article analyzes changes in the legislation on insolvency (bankruptcy) adopted in 2024. The emphasis is on determining the meaning of legal innovations, the legal consequences of changes for participants in the legal relations of insolvency (bankruptcy) and predicting the consequences of regulatory changes for publicly legal relations.
Keywords: bankruptcy legislation, bankruptcy, arbitration court, creditor, debtor, arbitration manager.
arbitration court, unloading the judicial system, and measures to simplify some procedural aspects will reduce the duration of judicial procedures, accelerating their completion.
Article bibliography
1. Serka T. V. Specifics of the institution of insolvency (bankruptcy) of individuals // Legal policy and legal life. – 2024. – No. 1.
2. Zakharov A. V. Special grounds for challenging transactions in bankruptcy and their consequences. From the property theory of challenging transactions in bankruptcy to the obligatory theory // Education. Science. Scientific personnel. – 2024. – № 2.
3. Vtyurin V. D. Problems of applying offset in case of recognition of the transaction of an insolvent debtor as invalid // Law and Right. – 2024. – № 6.
4. Potapenko N. S. Public and private law aspects of the institution of insolvency (bankruptcy) // Essays on the latest cameralistics. – 2024. – № 1.
FINANCIAL LAW
EVSIKOVA Elena Vitaljevna
Ph.D. in Law, associate professor, associate professor of Administrative and financial law sub-faculty, Head of the Department for Organization of Scientific and Editorial and Publishing Activities of the Crimean branch of the Russian State University of Justice, Simferopol, Honored Lawyer of the Republic of Crimea
SHKLYAR Tatyana Alexandrovna
Deputy Chairman of the Supreme Court of the Republic of Crimea, Ph.D. in Law, associate professor of Administrative and financial law sub-faculty of the Crimean branch of the Russian State University of Justice, Simferopol
BUTS Sergey Borisovich
lecturer of Administrative and financial law sub- faculty of the Crimean branch of the Russian State University of Justice, Simferopol
THE LEGAL STATUS OF PRE-VERIFICATION ANALYSIS IN THE CONTEXT OF PUBLIC FINANCIAL CONTROL
The article attempts to conduct a scientific study of the theoretical aspects and problems of the implementation of legal relations in the field of public financial control by conducting a pre-verification analysis. The authors study and reveal the essence and content of the category “pre-verification analysis”, study the problems of its implementation by regulatory authorities. The advantages and disadvantages of pre-verification analysis and its place in the system of public financial control are investigated, scientifically based proposals for solving the identified problems are put forward.
Keywords: public financial control, tax control, pre-verification analysis, tax audit, digitalization.
Article bibliography
1. Evsikova E. V., Buts S. B. Ensuring the security of financial legal relations in the context of digital transformation financial control // Eurasian Law Journal. – 2024. – No. 3 (190). – P. 269-271.
2. Evsikova E. V. Public financial control in the context of digital transformation (theoretical and legal aspect) // Scientific notes of the Crimean Federal University named after V. I. Vernadsky. Legal sciences. – 2023. – T. 9 (75). № 3. – P. 224-236.
3. Pogorzhelskaya N.V. The essence of financial control in the context of digital transformation // manager. – 2023. – № 4 (106). – P. 69-76.
4. Tsindeliani I. A., Guseva T. A., Izotov A. V. Improving tax control in the context of digitalization // Law enforcement. – 2022. – Vol. 6. No. 1. – P. 77-87.
5. Krasyukov A. V. Pre-audit analysis as a new type of tax audit // Financial law. – 2018. – No. 1. – P. 44-46.
6. Vasyanina E. L. Tax administration and tax control: problems of implementation, development prospects // Legal policy and legal life. – 2022. – No. 2. – P. 160-169.
7. Masalskaya M. V., Mishanova E. V., Rozhkova N. V. Pre-audit analysis as a tool for forecasting on-site tax audits of penal institutions and its improvement / / Bulletin of the Financial University. – 2017. – Vol. 21 (2). – P. 44-50.
8. Komarova G. P., Zmanovskaya O. V. On the issue of the concept of “other control measures”. / / Baikal Research Journal. — 2019. — V. 10. No. 1. — DOI: 10.17150/2411-6262.2019.10(1).7.
9. Ovcharova E. V. Methods of Ensuring the Effectiveness of Administrative Coercion in the Mechanism of Legal Regulation of Taxation and Fees / / Administrative law and procedure. – 2019. – No. 12. – pp. 19-28.
FINANCIAL LAW
NECHEPAEV Nazar Andreevich
master’s degree of Financial law sub-faculty of the Faculty of Law of the M. V. Lomonosov Moscow State University
NON-TAXABLE MINIMUM IN THE PERSONAL INCOME TAX SYSTEM
The article deals with the non-taxable minimum in the system of personal income tax. In the light of striving for equality in taxation, the issues concerning the non-taxable minimum income become relevant.
The author characterizes the concept of net income and the resulting net income principle. All components of the net-income principle are analyzed and it is concluded that the non-taxable minimum is a unique and self-sufficient component of the net-income principle, the role of which is to ensure the satisfaction of the most important human needs . The author determines the place of the non-taxable minimum in the legal composition of income tax. The results of the analysis allow us to determine the position occupied by the non-taxable minimum in the system of personal income tax.
Keywords: non-taxable minimum income, income tax, net income principle, net income, tax benefit, exemptions, discounts, exemptions.
Article bibliography
1. Solovieva N. A. Non-taxable minimum for personal income tax: myth or reality? // Taxes. 2011. No. 6. P. 22-25.
2. Liza Picard, «Dr Johnson’s London», 2000, St Martin’s Press. 362 p.
3. Smith A. An Inquiry into the Nature and Causes of the Wealth of Nations. M.: Eksmo, 2007. 1056 p.
4. Tax law. Special part: textbook for universities / Edited by S. G. PepeLyaeva. M.: Education, 2017. 736 p.
5. Sibotina I. V. Standard tax deductions as financial instruments of social legal protection of disabled persons // Law and Economics. 2010. No. 6. Pp. 38-44.
6. Shchekin D. M. New challenges facing Russia and the response to them in tax policy // Law. 2022. No. 11. Pp. 18-29.
7. Shchekin D. M. Balance of public and private interests in tax law. Abstract of the dissertation for the degree of Doctor of Law. M., 2023. 60 p.
8. Gromov V. V. Non-taxable minimum in the design of personal income tax: experience and prospects // Taxes. 2021. No. 2. P. 3-8.
9. Malko A. V. Incentives and restrictions in law. M., 2003. 248 p.
10. Zaripov V. M. Concept and structure of tax benefits // Tax expert. 2012. No. 10.
11. Tax law: textbook for universities / Ed. S. G. Pepeliaev. М.: Альпина Паблишер, 2015. 796 с.
ФИНАНСОВОЕ ПРАВО
ALEKHIN Vladislav Anatoljevich
postgraduate student of Financial law sub-faculty of the O. E. Kutafin Moscow State Law University (MSAL)
PROBLEMS OF LEGAL REGULATION OF FINANCING THE PROVISION OF HIGH-TECH MEDICAL CARE USING BIOMEDICAL TECHNOLOGIES AT THE EXPENSE OF PUBLIC FINANCES
Due to the absence in the legislation of the Russian Federation of a systematic understanding of what kind of medical care is considered high-tech, in practice problems arise related to the financing of such medical care at the expense of the federal budget, the budget of a constituent entity of the Russian Federation, and compulsory health insurance funds. This problem is expressed in the inability to clearly define the purposes for spending funds from a particular budget, which leads to financial violations, in particular, to the misuse of budget funds. At the same time, there is an urgent question about classifying the use of biomedical technologies in medical activities as high-tech medical care and its financing from public finances.
Keywords: high-tech medical care, biomedical technologies, compulsory health insurance, inappropriate spending of budget funds, inappropriate spending of compulsory health insurance funds, public finance.
Article bibliography
1. The Large Explanatory Dictionary of the Russian Language; ed. S. A. Kuznetsov. – St. Petersburg: Norint; Moscow: Ripol classic, 2008. – 1534 p.
2. Genetic technologies and law during the formation of bioeconomics: monograph / Responsible. ed. A. A. Mokhov, O. V. Sushkova. – M .: Prospect, 2020 .– 632 p.
3. Kravchenko N. V., Trufanova A. Yu. Legal regulation of the bioprinting process: problems and development prospects in the Russian Federation // Actual problems of state and law. – 2023. – No. 27. – P. 413-421.
4. Mokhov A. A. Medical biotechnology and law // Gaps in Russian legislation. – 2008. – No. 2. – P. 455-456.
5. Starovoytova O. E., Starovoytov V. N. On the issue of legal regulation of biomedical technologies // NAU. – 2020. – No. 52-1 (52). – pp. 61-64.
BUSINESS LAW
SIRAZEEV Ravil Rashidovich
Head of the Department of Strategic Planning and Economic Development of the Government of the Moscow Region
THE FEATURES OF INTERBRANCH LEGAL MEANS OF SUPPORTING SMALL AND ME DIUM-SIZED BUSINESSES
The article reveals the features of interbranch legal instruments for supporting small and medium-sized businesses. The influence of public-law means of support on private-law property relations involving entrepreneurs is determined. The interbranch nature of the support implementation mechanism is substantiated. Elements and specifics of individual types of legal means with an inter-sectoral structure are highlighted. In the context of the analysis of tax support, the problem of business fragmentation is noted. The need to systematize financial and legal means of supporting small businesses in order to increase their investment attractiveness and expand the forms of participation in digital trade is substantiated. The role of preventive legal instruments relating with application of liability is emphasized. The prospects of a value-oriented approach in influencing the business environment are outlined. In conclusion, the author puts forward the idea of the need for renewal of the concept of small and medium-sized entrepreneurship development based on the interbranch balance.
Keywords: small and medium-sized businesses, SMEs, legal instruments, support means, interbranch legal means, private legal means, public legal means, tax legal means, financial legal means, financial technologies, liability, legal incentives and restrictions.
Article bibliographic list
1. Artamonov A . N. On the legal nature of warning // Bulletin of Bryansk State University. – 2019.– No. 3 (41). – P. 131-135.
2. Barkov AV, Kiselev AS On improving the social contract as a legal means of developing family entrepreneurship // Civil law. – 2023. – No. 3. – P. 2-6.
3. Bezugly EA, Tkachenko VV, Mikhailikov VL Measures of state support for Russian entrepreneurship in the context of sanctions // Public and municipal administration. Scientific notes. – 2022. – No. 3. – P. 92-97.
4. Borisova AM The concept of the financial and legal mechanism of state support for small and medium-sized businesses in the constituent entities of the Russian Federation // Agrarian and land law. – 2020. – No. 6 (186). – P. 123-126.
5. Vasilyeva O. N., Keshishyan T. S. Features of bringing small and medium-sized businesses to administrative responsibility // Legal Bulletin. – 2022. – Vol. 7. No. 2. – P. 47-55.
6. Volkov A. V., Blinkov O. E. Business fragmentation: legal problems // Bulletin of Perm University. Series: Legal Sciences. – 2019. – Issue. 44. – P. 261-280.
7. Lyannoy G. G. Administrative barriers hindering the development of small and medium-sized businesses // Society and Law. – 2024. – No. 1 (87). – P. 49-54.
8. Mamonov P. S. Legal regulation of the activities of small and medium-sized businesses: theory and practice // Bulletin of the Nizhny Novgorod University named after N. I. Lobachevsky. – 2017. – No. 6. – P. 108-113.
9. Intersectoral relations of civil law (on the 50th anniversary of the birth of Doctor of Law, Professor M. Yu. Chelyshev): Liber Amicorum / Ed. D. Kh. Valeev. – M .: Statut, 2021. – 692 p.
10. Mikhailov A. V. General issues of the effectiveness of legal regulation of entrepreneurial relations // Modern problems of legal science and law enforcement practice: Collection of scientific papers / Under the general editorship of O. A. Zayachkovsky. – Kaliningrad: Immanuel Kant Baltic Federal University, 2018. – P. 75-80.
11. Murashova E. V., Yan Ts. Digital transformation as a source of exit from the crisis of small and medium-sized businesses in China // Bulletin of the Pacific National University. – 2022. – No. 1 (64). – P. 103-112.
12. Rymareva A. V. Main directions of state support for small and medium-sized businesses in China // Economic research and development. – 2023. – No. 3. – P. 59-68.
13. Sapun V. A. Theory of legal means and mechanism of implementation of law: author’s abstract. dis. … doctor of law. sciences. – Nizhny Novgorod, 2002. – 49 p.
14. Sirazeev R. R. On the content of the category “support for small and medium-sized businesses”: civilistic aspect // Bulletin of Economics, Law and Sociology. – 2024. – No. 1. – P. 206-210.
15. Spektor A. A. Prospects for the development of state legal policy in relation to the regulation of entrepreneurial activity // Eurasian Law Journal. – 2023. – No. 2 (177). – P. 235-236.
16. Terkina D. The impact of digitalization on the development of small and medium businesses in China. – Electronic resource. – Access mode: https://russiancouncil.ru/analytics–and–comments/columns/asian–kaleidoscope/vliyanie–tsifrovizatsii–na–razvitie–malogo–i–srednego–biznesa–v–knr/, free (date of access: 15.07.2024).
17. Filippova S. Yu. Instrumental methodology of civilistic research: author’s abstract. dis. … doctor of law. – Moscow, 2016. – 57 p.
18. Chelyshev M. Yu. System of inter-branch relations of civil law: civilistic research: author’s abstract. dis. … doctor of law. – 2008. – 40 p.
19. Shikhverdiev A. P., Ponomarenko E. A., Vishnyakov A. A., Oganezova N. A. Public administration of support for small and medium-sized businesses in the ecosystems of the North and the Arctic: problems and prospects // Corporate governance and innovative development of the economy of the North: Bulletin of the Research Center for Corporate Law, Management and Venture Investment of Syktyvkar State University. – 2023. – Vol. 3. Issue 2. – P. 232-242.
COMMERCE LAW
ZHELEZNOV Rodion Viktorovich
Ph.D. in Law, senior lecturer of State and legal disciplines sub-faculty of the Kazan branch of the Russian State University of Justice
ABOUT THE FINANCIAL SECURITY OF INTERNATIONAL ORGANIZATIONS OF REGIONAL ECONOMIC INTEGRATION
Today, as a result of economic and political realities, Russia, Belarus and other countries are forced to reconsider their economic security policy. Especially in matters of protecting sovereign assets. This is also relevant in the context of interstate agreements. For example, not only the property of the central bank was subject to Western restrictions, but also the Russian-Kyrgyz Development Fund. All of the above creates conditions for deepening interethnic economic relations into integration associations. In particular, there is a discussion on the introduction of the EAEU currency, including digital currency. At the same time, such an expansionof integration is a challenge to the financial security of organizations, especially from fraudulent activities.
This article deals with the issues of ensuring the financial security of international organizations of regional economic integration on the example of the EAEU and BRICS from financial fraud. The proposals are based both on existing models of integration of political and economic associations for ensuring financial security, in particular the EU, and the author’s proposals.
Keywords: international trade, EAEU, BRICS, international legal regulation, Fraud, financial security, OLAF.
Article bibliography
1. Parliamentary newspaper. In Russia in 2023, 355 thousand cases of financial fraud were recorded. [Electronic resource]. – Access mode: https://www.pnp.ru/economics/v-rossii-v-2023-godu-zafiksirovali-355-tys-sluchaev-finansovogo-moshennichestva.html.
2. Interfax. The volume of funds stolen by fraudsters in 2023 increased to 15.8 billion rubles. [Electronic resource]. – Access mode: https://www.interfax.ru/russia/945907.
3. Crime and offenses in the Republic of Belarus. Belstat. 2023 [Electronic resource]. – Access mode: https://www.belstat.gov.by/upload-belstat/upload-belstat-pdf/oficial_statistika/2024/сrime_2024.pdf.
4. Fraudsters began to attack Kazakhstanis more often. [Electronic resource]. – Access mode: https://www.zakon.kz/obshestvo/6420270-moshenniki-stali-chashche-atakovat-kazakhstantsev.html.
5. Internet Service “Numbeo”. [Electronic resource]. – Access mode: https://www.numbeo.com/crime/
6. UN Report “Preventing, Detecting and Combating Fraud in United Nations System Organizations” 2016. [Electronic resource]. – Access mode: https://www.unjiu.org/sites/www.unjiu.org/files/jiu_rep_2016_4_russian.
LAND LAW
KLEVTSOV Maksim Ivanovich
postgraduate student of the I. S. Turgenev Oryol State University
TSIRKUNOV Mikhail Eduardovich
postgraduate student of the I. S. Turgenev Oryol State University
LEGAL REGULATION OF RELATIONS RELATED TO THE USE AND PROTECTION OF LANDS OCCUPIED BY CIVIL AND MILITARY GRAVES
The article is devoted to the analysis of the legal regulation of relations related to the use and protection of lands occupied by civil and military graves.
The article examines the conflicts of administrative and legal regulation of public relations related to the burial of the dead, analyzes the imperfection of the conceptual apparatus of the current legislation in this area and suggests the main directions for improving the legal regulation of the regime of this type of land. Special attention is paid to the protection of historical and cultural lands, which include lands of military and civilian graves.
Keywords: land plot, municipal property, state registration, cadastral registration.
Article bibliographic list
1. The Orel administration proposed to reduce the size of free burial plots / IA “Info-City”. 2020. [Electronic resource]. – Access mode: https://www.infoorel.ru/news/administraciya-orla-predlozhila-umenshit-razmery-besplatno-predostavlyaemyh-uchastkov-pod-zahoroneniya.html (date of access: 06/25/2024).
2. Aksenov N. A., Volobuev D. O. Normative-legal regulation of the turnover of land plots occupied by civil and military burials // Innovative economy: prospects for development and improvement. – 2020. – No. 2 (44).
3. Blinnik I. In Pavlovsky Posad, houses are being built on the bones of the heroes of the Patriotic War of 1812 / MK.RU. 2015. [Electronic resource]. – Access mode: https://www.mk.ru/mosobl/2015/06/10/v-pavlovskom-posade-stroyat-doma-na-kostyakh-geroev-otechestvennoy-voyny-1812-goda.html (date of access: 29.06.2024).
4. Kapsalykova I. Residents of Krasnoyarsk believe that the Revda mayor’s office wants to take away their cemetery, just as it has already taken away their hayfields / Revda-info.ru. 2015. [Electronic resource]. – Access mode: https://www.revda-info.ru/2015/11/15/zhiteli-krasnoyara-schitayut-chto-meriya-revdy-hochet-otnyat-u-nih-kladbishhe-kak-uzhe-otobrala-pokosy/ (date of access: 06/28/2024).
5. Molyarenko O. A. Local media on the problems of municipal cemeteries // The World of Russia. Sociology. Ethnology. – 2017. – No. 3.
6. Obedkin D. Khabarovsk antimonopoly authorities got involved in a cemetery war / Vostok Media. 2015. [Electronic resource]. – Access mode: https://vostokmedia.com/news/2015-10-05/habarovskie-antimonopolschiki-vvyazalis-v-kladbischenskuyu-voynu-597508 (date of access: 28.06.2024).
7. Employees of the Ministry of Emergency Situations of Karelia cleared the cemetery of trees felled by the hurricane / Respublika. 2015. [Electronic resource]. – Access mode: https://rk.karelia.ru/social/sotrudniki-mchs-karelii-ochistili-kladbishhe-ot-povalennyh-uraganom-derevev/(date of access: 06.29.2024).
LAND LAW
MARKELOV Gleb Alexandrovich
Deputy Head of the Legal Department of Baltiiskoe obyedinenie LLC
SEIZURE OF LAND PLOTS IN THE INTEGRATED DEVELOPMENT OF THE TERRITORY: PROBLEM OF FINDING A BALANCE BETWEEN PRIVATE AND PUBLIC INTERESTS
The article studies the institute seizure of land plots in the integrated development of the territory and particular attention is paid to the problem of finding a balance between private and public interests. The author believes that optimal balance improving requires the guarantees of the rights of land owners by specifying regional legislation. The author also substantiates that public authorities should improve standards on openness and access to information and involve citizens in urban development procedures.
Keywords: integrated development of the territory, seizure of land plots, balance between private and public interests.
Bibliography
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7. “How to fine-tune the KRT”. [Electronic resource]. – Access mode: https://zsrf.ru/news/2024/08/08/kak-donastroit-krt?ysclid=lzlb56trrb616265277.
8. Federal Law of 14.07.2022 No. 266-FZ “On Amendments to Federal Law “On Personal Data”, certain legislative acts of the Russian Federation and the recognition of the fourteenth part of Article 30 of the Federal Law “On Banks and Banking Activities” as invalid // SZ RF. – 2022. – No. 29 (part III), art. 5233.
9. Afanasyeva S. D. Constitutional and legal institution of seizure of land plots for public needs: comparative analysis of the experience of the Russian Federation and the United States of America: diss. … candidate of legal sciences. – M., 2015. – P. 236.
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11. Vakula M. A., Gasanov O. B. On the achievement of public goals in the seizure of land plots and the problems of protecting the rights of interested parties // Property relations in the Russian Federation. – 2023. – No. 9. – P. 50-55.
12. Vorontsova A. A. Withdrawal of land plots for state or municipal needs in the system of grounds for termination of rights to land // Ecological right. – 2022. – No. 4. – P. 19-24.
13. Senchishchev V. I. Withdrawal of land plots for state or municipal needs // Bulletin of civil law. – 2019. – No. 6. – P. 108- 136.
14. Povetkina E. L. Seizure of property for public needs: civilistic foundations and modern trends // Law. – 2014. – No. 2. – P. 41-60.
ENVIRONMENTAL LAW
SAGITOV Sergey Marselevich
Ph.D. in Law, associate professor, associate professor of Civil process law sub-faculty of the Kazan branch of the Russian State University of Justice
OGRINA Vitaliya Vladislavovna
student of the Faculty of Law of the Kazan branch of the Russian State University of Justice
POSITIVE LEGAL RESPONSIBILITY IN THE SPHERE OF ENVIRONMENTAL PROTECTION
The article deconstructs the main provisions of the implementation of positive legal responsibility, its structure and importance for ensuring sustainable development and preserving the quality of the environment. The main measures of encouragement and types of positive responsibility are considered on the example of judicial practice. The necessity of integrating positive responsibility into the practice of environmental protection is substantiated.
Keywords: legal responsibility, positive responsibility, environment, ecosystem exploitation.
Article bibliography
1. Environmental law: textbook / E. N. Abanina, L. E. Bandorin, E. S. Boltanova [et al.]. – Moscow: Limited Liability Company “Prospect”, 2022. – 400 p.
2. Matuzov N. I. Legal system and personality. – Saratov, 1987. – 245 pp.
CRIMINAL LAW
ABYZOVA Evgeniya Raviljevna
Ph.D. in Law, associate professor, associate professor of Criminal law sub-faculty of the V. Ya. Kikot Moscow University of the MIA of Russia
PROBLEMS OF QUALIFICATION OF FRAUD COMMITTED USING ELECTRONIC MEANS OF PAYMENT
The article deals with problematic issues of qualification of fraud committed using electronic means of payment provided for in Article 159.3 of the Criminal Code of the Russian Federation in order to develop measures to improve law enforcement practice and in resolving issues related to the correct qualification when distinguishing related crimes. The qualification of fraud using electronic means of payment also causes a number of problems in practice, such as: the problem of criminal investigation, the establishment of a circle of participants in the committed fraud and the question of how to commit this theft.
The article indicates that with the development of information technology, there is an evolution of the ways of committing theft. Measures are proposed to improve the current legislation in order to solve law enforcement tasks.
Keywords: criminal law, fraud, embezzlement, right to other people’s property, electronic means of payment, criminal liability, qualification, significant damage to a citizen, deception, abuse of trust.
Keywords: fraud, embezzlement, electronic means of payment, criminal liability, qualification.
Article bibliographic list
1. State of crime in Russia for January-December b 2022 [Electronic resource]. – Access mode: https://мвд.рф/ (date accessed: 27.06.2024).
2. Clause 4 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of November 30, 2017 No. 48 “On judicial practice in cases of fraud, misappropriation and embezzlement” // Bulletin of the Supreme Court of the Russian Federation. No. 2. 2018.
3. Dzyumenko R. I. Features of the qualification of fraud using electronic means of payment (Article 159.3 of the Criminal Code of the Russian Federation) // Young scientist. 2022. No. 8 (403). P. 94-96.
4. Borovykh L. V., Korepanova L. A. The problem of qualification of theft using bank cards // Russian Law Journal. 2022. No. 2. P. 84-86.
5. Markova E. A. Fraud using electronic means of payment: issues of theory and practice // Agrarian and land law. 2019. No. 5 (173). P. 87.
6. Slukina E. V. Problems of qualification of theft committed from a bank account, as well as in relation to electronic money (in the absence of elements of a crime under Article 159.3 of the Criminal Code of the Russian Federation) // Young scientist. 2019. No. 52 (290). P. 179-181.
CRIMINAL LAW
ASMANDIYAROVA Nailya Rimovna
Ph.D. in Law, associate professor of Constitutional and administrative law sub-faculty of the Bashkir Academy of Public Service and Management under the Head of the Republic of Bashkortostan
CONSTITUTIONAL RIGHT TO WORK AND SOME ASPECTS CONCERNING THE CRIMINOGENIC CONSEQUENCES OF A PERSON’S UNWILLINGNESS TO WORK
This work analyzes the attitude to freedom and the right to work in accordance with the Constitution of Russia. Some provisions from the Constitution of the USSR are given, which differ from the modern view of labor. Judicial statistics are presented on annually celebrating persons for committing a crime, depending on their employment. A pattern has been identified linking the number of able-bodied persons who do not have a permanent source of income, influencing an increase in the number of distinguished persons for committing a crime. Attention was drawn to the main directions of state policy in the field of employment, which are aimed at increasing the employment of the population of Russia, which in the future is expected to affect a decrease in the number of convicted persons.
Keywords: right to work, unemployed, unwilling to work, not studying, without a permanent source of income, crime factor.
Article bibliographic list
1. Constitution (Basic Law) of the Union of Soviet Republics. [Electronic resource]. – Access mode: https://docs.cntd.ru/document/901817660 (date of access: 06/24/2024).
2. Definition of the Constitutional Court of 12/21/2000 No. 252-O*(469) “On the refusal to accept for consideration the complaint of citizen Sergei Aleksandrovich Yurkin regarding the violation of his constitutional rights by Part 6 of Article 13 of the Federal Constitutional Law “On the Judicial System of the Russian Federation” and Article 6 of the Law of the Russian Federation “On the Status of Judges in the Russian Federation”. [Electronic resource]. – Access mode: https://www.sudbiblioteka.ru/ks/docdelo_ks/konstitut_big_1341.htm (accessed: 06/24/2024).
3. Judicial statistics of the Russian Federation. [Electronic resource]. – Access mode: https://stat.xn—-7sbqk8achja.xn--p1ai/stats/ug/t/12/s/11 (accessed: 06/24/2024).
4. ABC of Faith. Encyclopedia. [Electronic resource]. – Access mode: https://azbyka.ru/tuneyadstvo (date of access: 06/25/2024).
5. Labor Code of the Russian Federation: Federal Law of 12/30/2001 No. 197-FZ. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_34683/0e04407d9a52ecc831392fca4970dbf2b38beee2/ (date of access: 25.06.2024).
6. Determination of the Constitutional Court of the Russian Federation of 24.03.2005 No. 152-O “On refusal to accept for consideration the complaint of citizen Demko Alexander Yuryevich on the violation of his constitutional rights by Article 106 of the Criminal Executive Code of the Russian Federation.” [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_53999/ (date of access: 24.06.2024).
CRIMINAL LAW
BAYGUBATOVA Nadira Rahimbekovna
Ph.D. in Law, researcher of the Institute of Strategic Analysis and Forecast of the B. N. Yeltsin Kyrgyz-Russian Slavic University
ESENBEKOVA Аsiya Тashtanbekovna
Ph.D. in Law, associate professor
SOCIO-ECONOMIC DETERMINING FACTORS OF THE SPREAD OF RELIGIOUS EXTREMISM IN THE KYRGYZ REPUBLIC
The article analyzes the determining factors of the spread of religious extremism in the Kyrgyz Republic, from the point of view of theories of relative social deprivation and polarization. The authors note that the difficulties of economic transformation with the acquisition of independence ultimately led to the impoverishment of a certain part of the population, significant social differentiation and the degradation of the intellectual potential of the population. It is argued that, in turn, these factors cannot be considered as a direct cause of the spread of religious extremism throughout the country, but they can be used as conditions for its emergence.
Keywords: religious extremism, spreading factors, problems, politicization of Islam, poverty, unemployment, labor migration
Article bibliographic list
1. Ushakov V.N. On the issue of creating an Islamic state in Central Asia // Bulletin of KRSU. – 2005. – T . 5. No. 3. – P. 131-135.
2. Musabaeva A. D. Causes and factors of external labor migration from Kyrgyzstan. // Accession of the Kyrgyz Republic to the Eurasian Economic Union: impact on migration processes. – 2015. – No. 26. – Moscow, 2015. – P. 15-18.
3. Ergeshbaev U. Zh., Yeshenova S. E. , Muratova Ch. K. Modern external labor migration of the population of Kyrgyzstan // Bulletin of the Tajik State University of Law, Business and Politics. Series of social sciences. – 2016. – No. 1. – P. 38-47.
CRIMINAL LAW
BARVINSKAYA Yuliya Sergeevna
Ph.D. in Law, associate professor of Criminal Law and Criminalistics sub-faculty of the Lugansk branch of the Voronezh Institute of the MIA of Russia
ABOUT THE PROBLEM OF EXEMPTION FROM CRIMINAL LIABILITY IN CONNECTION WITH RECONCILIATION OF THE PARTIES IN THE EVENT OF THE DEATH OF THE VICTIM
The article examines the controversial issue of the possibility of reconciliation between the person who committed the crime and the victim in the event of his death, as a basis for exemption from criminal liability. The author’s position is given on the inadmissibility of equating the legal status of the deceased victim in the preliminary investigation with the legal status of close relatives who assume legal succession in resolving the issue of reconciliation of the parties in a criminal case.
Keywords: exemption from criminal liability, reconciliation of the parties, termination of criminal prosecution, victim, death of the victim, compensation for damage.
Article bibliography
1. Apostolova N. N. Expediency (discretionary nature) in Russian criminal proceedings: author’s abstract. dis. … doctor of law. – M., 2011. – P. 44.
2. Larina L. Yu. Some aspects release from criminal liability in connection with reconciliation with the victim // Current issues in combating crime. ‒ 2015. ‒ No. 4. – P. 10-13.
3. Mamontov N. I. Do relatives of persons killed as a result of an offense have the right to receive compensation for moral damage? [Electronic resource]. – Access mode: https://online.zсakon.kz/Document/?doc_id=38680485 (date accessed: 03.06.2024)
CRIMINAL LAW
VOLOSYUK Pavel Valerjevich
Ph.D. in Law, Head of Criminal law and process sub-faculty of the North Caucasus Social Institute, Stavropol, associate professor of Criminal law disciplines sub-faculty of the branch of the Russian Technological University MIREA in Stavropol
URUSOV Murat Mukhtarovich
postgraduate student of Criminal law and process sub-faculty of the North Caucasus Social Institute, Stavropol
CRIMINAL LIABILITY OF PERSONS OCCUPYING THE HIGHEST POSITION IN THE CRIMINAL HIERARCHY IN THE CRIMINAL LEGISLATION OF FOREIGN COUNTRIES
The article provides a comparative legal analysis of the current foreign criminal legislation aimed at combating organized crime and the Russian criminal law norm establishing liability for persons occupying the highest position in the criminal hierarchy. The authors identify the positive provisions of foreign legislation, which sets as its main goal the fight against organized crime and substantiate proposals on the use of established foreign criminal policy in Russian criminal legislation and law enforcement practicein the fight against organized crime.
Keywords: criminal liability, organized crime, criminal status, occupation of the highest position in the criminal hierarchy
Article bibliography
1. Frolov S. A., Portnov M. A. The Impact of the RICO Law on the Fight Against Organized Crime Groups in the United States in the Second Half of the 20th Century // Law: History and Modernity. 2021. No. 4 (17). P. 148-151.
2. Artem Kavaleryan. Truth and Myths about Cosa Nostra: How the Italian Mafia Lives, What It Earns, and Who It Accepts in the United States. Knife (April 10, 2019). [Electronic resource]. – Access mode: https://knife.media/cosa-nostra-today/?ysclid=lxedcqfica477461103 (date of access: 06/14/2024).
3. Racketeer Influenced and Corrupt Organizations Act (RICO). [Electronic resource]. – Access mode: https://www.hg.org/rico-law.html (date of access: 06/14/2024).
4. Kibalnik A. G., Volosyuk P. V., Demin S. G. Issues of criminal liability of legal entities: monograph. M.: Yurlitinform, 2017. 190 p.
5. Bychkov V. V. Criminal-legal characteristics of the highest position in the criminal hierarchy (Article 210.1 of the Criminal Code of the Russian Federation) // Bulletin of the Moscow Academy of the Investigative Committee of the Russian Federation. 2019. No. 3. Pp. 26-31.
6. Law of the Republic of Belarus “On Combating Organized Crime” of June 27, 2007 No. 244-Z. [Electronic resource]. – Access mode: https://pravo.by/document/?guid=3871&p0=H10700244 (date of access: June 14, 2024).
7. Law of Georgia “On Organized Crime and Racketeering” of June 24, 2004 [Electronic resource]. – Access mode: https://matsne.gov.ge/ru/document/view/27814?publication=1 (date of access 14.06.2024).
8. Criminal Code of Georgia (as amended on 15.12.2023). [Electronic resource]. – Access mode: https://matsne.gov.ge/ru/document/view/16426?publication=259 (date of access: 06.14.2024).
CRIMINAL LAW
GABRIELOVA Yuliya Vladimirovna
senior lecturer of Criminal law disciplines and criminalistics of the Lugansk branch of the Voronezh Institute of the MIA of Russia
SELF MOTIVE AS A CRIMINAL SIGN OF OFFICIAL FORGERY OF CORRUPTION
The article briefly examines the definitions of the term “corruption crime” existing in legislation and in the doctrine of criminal law. The problem of legislative consolidation of the definition of “corruption crime” is noted, as well as the uniform establishment of the characteristics of this definition, and the theoretical and practical problems of their establishment are identified. The author emphasizes that the lack of terminological unity leads to problems of a legislative and law enforcement nature. The signs of a corruption crime have been identified. Official forgery is considered as a corruption crime and the signs of the subjective side of this criminal act are analyzed. The author adheres to the position that official forgery can be recognized as a type of corruption crime, provided that it is committed for selfish reasons. The need to improve criminal legislation in terms of distinguishing the signs of the subjective side of official forgery is pointed out.
Keywords: corruption, corruption crime, signs, official forgery, selfish motive, other personal interest.
Article bibliography
1. Bukalerova L. A., Kopylov M. N. On the concept of “corruption crimes” // Society and Law. – 2012. – No. 1 (38). – P. 105-109.
2. Basova T. B. Motive as a mandatory feature of the subjective side of official crimes // Russian judge. – 2004. – No. 11. – P. 30-33.
3. Volzhenkin B. V. Official crimes. – SPb.: R. Aslanov Publishing House “Legal Center Press”, 2004. – 505 p.
4. Volkov B. S. Motive and qualification of crimes. – Kazan: Kazan University Publishing House, 1968. – 164 p.
5. Kulygin V. V. On the possibility of optimizing anti-corruption legislation // Problems of formation and implementation of anti-corruption and anti-criminal policy: collection of materials from the Sixth session of the Far Eastern Criminological School. – Vladivostok: Far Eastern University Publishing House, 2009. – P. 14.
6. Maryina E. V. Corruption crimes: sectoral and intersectoral harmonization of norms: author’s abstract. dis. … candidate of legal sciences. – Samara, 2010. – 243 p.
7. Tsokolov I. A. Problems of criminal prosecution of persons who have committed corruption crimes. Article 1. On the issue of optimizing the concept of “corruption crime” // Russian investigator. – 2011. – No. 5. – P. 20-24.
CRIMINAL LAW
GAMIDOV David Vagitovich
senior lecturer of Criminal law disciplines and organization of execution of punishments not related to the isolation of convicts from society of the Faculty of Law of the St. Petersburg University of the FPS of Russia
IVANOV Ivan Ivanovich
Ph.D. in Law, professor, professor of the Order of Zhukov St. Petersburg Military Institute of the National Guard Troops of the Russian Federation
KONDRAT Ivan Nikolaevich
Ph.D. in Law, professor, professor of Criminal law, criminal process and forensics sub-faculty of the Moscow State Institute of the International Relations (University) of the MFA of Russia, Honored Lawyer of the Russian Federation, Honored Worker of the Prosecutor’s Office of the Russian Federation, State Counselor of Justice, 1st Class
POSTPONEMENT OF SERVING TIME FOR FRIEND ADDICTS (ARTICLE 82.1 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION), AS A RESULT OF THE HUMANIZATION OF RUSSIA’S CRIMINAL POLICY
The article is devoted to an urgent problem in modern Russia, namely the humanization of criminal policy. The author shows that this direction needs to be defined and clarified. The author’s concept of “criminal policy” is proposed in the article. It is also indicated as the main idea, the position that the humanization of criminal policy should be based on a systematic regulatory framework focused on the constitutional provision that human and civil rights and freedoms determine the meaning, content and application of laws. As the general direction of the implementation of art. 82.1 of the Criminal Code of the Russian Federation, the author suggests that it is necessary to provide and be guided by the following legal position when granting a deferral of punishment to drug addicts, according to which the more crimes committed in connection with drug addiction, the more expedient it would be to grant a deferral of punishment to these persons, in order for them to undergo a course of treatment, medical and social rehabilitation.
Keywords: humanization, criminal policy, criminal law policy, constitutional rights and freedoms, postponement of punishment for drug addicts, convict, medical rehabilitation, social rehabilitation.
Article bibliography
1. Aleksandrov A. I. Modern criminal policy of Russia : concept, structure, content // News of higher educational institutions. Jurisprudence. – 2012. – No. 3 (302). – P. 173-188.
2. Aleksandrov A. I. Criminal policy and criminal procedure in the Russian state: history, modernity, prospects, problems / Ed. V. Z. Lukashevich; Foreword by the academician of the Russian Academy of Sciences, laureate of the State Prize USSR, Honored Scientist of the Russian Federation, Doctor of Law V. N. Kudryavtsev. – St. Petersburg: St. Petersburg State University, 2003. – 562 p.
3. Aleksandrov A. I. Criminal Procedure Policy in Russia (Theoretical and historical and legal analysis): Diss. … Doctor of Law. – St. Petersburg, 1999. – 438 p.
4. Aleksandrov A. I. Philosophy of Evil and Philosophy of Crime (issues of philosophy of law, criminal policy and criminal procedure ). 2nd ed., revised. and add. / Introduction to the first edition by Corresponding Member of the Russian Academy of Sciences, Doctor of Law, Professor D. A. Kerimov. – St. Petersburg: St. Petersburg State University, 2020. – 484 p.
5. Baranov V. M., Salnikov V. P., Milyukov S. F. Effectiveness of criminal-legal policy: Review of the monograph by Korobev A. I., Uss A. V., Golik Yu. V. “Criminal policy: trends and prospects”. – Krasnoyarsk, 1991 . – 240 p. // Criminal-legal and criminological problems of protection of the economic system. – N. Novgorod, 1993. – P. 208-213.
6. Vinogradova E. V., Zakhartsev S. I., Salnikov V. P. Crime prevention: from concept to construct // Legal science: history and modernity. – 2023. – No. 3. – P. 111-119.
7. Humanization of criminal procedural relations (pre-trial proceedings in criminal cases): Monograph / Under the general editorship of I. A. Antonov, V. P . Salnikova; Antonov I. A., Vanin D. V., Vorobyov A. O., Geldibaev M. Kh., Evstratova Yu. A., Zakhartsev S. I., Ivanov I. I., Kiyko A. Yu., Kondrat I. N., Medvedev A. A., Novozhilov S. A., Petrov P. A., Pirogovsky I. G., Prokofieva S. M., Salnikov V. P., Salnikov M. V., Salnikov S. P. , Semyonova I.V., Utyuganov A.A., Khabibulin A.G. – St. Petersburg: St. Petersburg Military Institute of the Order of Zhukov National Guard Troops, University Foundation, 2024. – 275 p.
8. Korobeev A. I. Criminal legal policy of Russia: from genesis to crisis. – M.: Yurlitinform, 2019. – 352 p.
9. Petrovsky A. V. Institutional and regulatory system for preventing criminal behavior: theoretical and applied research: Abstract of author’s diss. … doctor of law. 5.1. 4. – Krasnodar: Kuban State University, 2023. – 45 p.
10. Salnikov V. P. Law and freedom in the qualitative hierarchy of personal values // Bulletin of the I. Kant Russian State University. – 2006. – No. 9. – P. 6-15.
11. Salnikov V., Zakhartsev S. Crimes that might not have happened // Protection and Security. – 2020. – No. 4 (95). – P. 30-31.
12. Salnikov V. P., Zakhartsev S. I., Salnikov M. V. On the modern penal systempolicy of Russia // Library of criminal law and criminology. – 2017. – No. 3 (21). – P. 7-24.
13. Salnikov V. P., Zakhartsev S. I., Salnikov M. V. Criminal and criminal procedure policy // Legal science and practice. Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2016. – No. 3. – P. 260-283.
14. Salnikov V. P., Zakhartsev S. I., Salnikov M. V. Criminal-executive policy as an element of criminal policy of modern Russia // Legal science: history and modernity. – 2016. – No. 7. – P. 71-85.
15. Salnikov V. P., Zakhartsev S. I., Salnikov M. V. Criminal-executive policy // Bulletin of the Samara Law Institute of the Federal Penitentiary Service of Russia. Scientific and practical journal. – 2016. – No. 4 (22). – P. 46-58.
16. Salnikov V. P., Zakhartsev S. I., Salnikov M. V. Criminal-organizational policy as an element of criminal policy of modern Russia // Legal science: history and modernity. – 2016. – No. 10. – P. 72-89.
17. Salnikov V. P., Zakhartsev S. I., Salnikov M. V. Criminal-legal policy as an element of criminal policy of modern Russia // Legal science: history and modernity. – 2016. – No. 5. – P. 94-107.
18. Salnikov V. P., Zakhartsev S. I., Salnikov M. V. Criminal-preventive policy as an element of criminal policy of modern Russia // Legal science: history and modernity. – 2016. – No. 8. – P. 70-97.
19. Salnikov V. P., Zakhartsev S. I., Salnikov M. V. Criminal Procedure Policy as an Element of Criminal Policy of Modern Russia // Legal Science: History and Modernity. – 2016. – No. 9 – P. 70-97.
20. Tretyakov I. L. Criminal Policy of Modern Russia: Monograph / Under the general editorship of V. P. Salnikov. Academy of Law, Economics and Life Safety. – St. Petersburg: University Foundation, 2017. – 414 p. (Series: “Human and Society Safety”).
21. Yakovleva M. A. Internal Affairs Bodies as One of the Subjects in the Crime Prevention System: Abstract of Cand. Dis. jurid. sciences. 12.00.08 – SPb.: St. Petersburg University of the Ministry of Internal Affairs of Russia, 2019. – 23 p.
CRIMINAL LAW
ZHILKIN Maxim Gennadjevich
Ph.D. in Law, associate professor, professor of Criminal law and criminology sub-faculty of the Moscow regional branch of the V. Ya. Kikot Moscow University of the MIA of Russia
LEGALIZATION OF ILLEGAL INCOME OF OFFICIALS FROM ENTREPRENEURIAL ACTIVITY: CRITICAL ANALYSIS OF THE CONCEPT AND ITS APPLICATION IN PRACTICE
This scientific article is the result of a discussion among legal about the rules of qualification of cases when officials, contrary to the established prohibitions, patronize entrepreneurial activity, formally having nothing to do it. Thus, the obvious violation of article 289 of the Criminal Code of the Russian Federation is often supplemented by law enforcers with other articles of the Criminal Code of the Russian Federation, providing responsibility for legalization of incomes, which from the point of view of correct qualification of actions of the official, fair and lawful decision, including compensation of the caused harm to society and the state, requires independent analysis.
Keywords: official, entrepreneurial activity, legalization, corruption, income.
Article bibliography
1. Borkov V. N. On the criminal-legal status of property acquired as a result of illegal participation in entrepreneurial activity (Article 289 of the Criminal Code of the Russian Federation) // Criminal law. – 2022. – No. 1 (137).
2. Garmaev Yu. P., Ivanov E. A., Markuntsov S. A. Anti-corruption compliance in the Russian Federation: interdisciplinary aspects: Monograph // SPS ConsultantPlus. – 2020.
3. Komarova O. V. Problems of defining the essence of “Entrepreneurial income” as an economic category // Universum: economics and jurisprudence. – 2015. – No. 7 (18). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/problemy-opredeleniya-suschnosti-predprinimatelskogo-dohoda-kak-ekonomicheskoy-kategorii (date accessed: 07/08/2024).
4. Matskevich I. M., Kadnikov N. G. On the issue of the contradiction of judicial practice in establishing the presence or absence of the legalization of funds or other property acquired by criminal means // Russian Justice. – 2022. – No. 6.
5. Panova N. V. Criminal liability for illegal participation in entrepreneurial activity // Russian Justice. 2019. – No. 11.
6. Pikurov N. I., Pudovochkin Yu. E. Problems of qualification of criminal liability for legalization (laundering) of funds or other property acquired by criminal means. – M.: Russian State University of Justice, MUMCFM, 2015. – 264 p.
7. Yani P. S. On the subject of legalization of criminal proceeds // Legality. – 2021. – No. 3 (1037).
CRIMINAL LAW
KOBYLIN Pyotr Olegovich
senior lecturer of Criminal law and process sub-faculty of the Law Faculty of the N. I. Lobachevsky National Research Nizhny Novgorod State University
CRIMINAL LIABILITY FOR FRAUD IN PRE-REVOLUTIONARY RUSSIAN LEGISLATION
This article provides a historical study of criminal liability for fraud in the pre-revolutionary (pre-Soviet) period. The author has analyzed the sources of Russian law of the specified period, touching on issues of criminal law regulation of liability for fraud, and reflects the evolutionary path of formation, development and transformation of criminal law norms. It is concluded that the understanding of fraud as a purely fraudulent taking of someone else’s property, i.e. in a manner close to the modern consolidation, was formed within the framework of the Code of Criminal and Correctional Punishments of 1845; earlier fraud had various characteristics that were not always associated with the deceptive method of committing the act.
Keywords: fraud, historical analysis, criminal liability.
Article bibliography
1. Anisimov V. F. History of Russian legislation on crimes against property with signs of theft // Bulletin of YSU. – 2009. – No. 4 (15).
2. Dahl V. I. Illustrated explanatory dictionary Russian language: modern spelling. – M.: Astrel: AST: Khranitel, 2006.
3. Ivanova O. M. Russian Truth as a primary source of criminal legislation of Russia on crimes against property // Bulletin of the Russian University of Cooperation. – 2014. – No. 1 (15).
4. Radko A. V., Bezverkhov A. G. Development of Russian legislation on liability for fraud // XVII Korolev readings: Proceedings of the All-Russian youth scientific conference with international participation, dedicated to 35 – anniversary of the first flight of the MTKS “Energia-Buran”. – 2023.
5. Russian legislation of the 10th-20th centuries. In nine volumes. T. 1. Legislation of Ancient Rus’. – M.: Legal Literature, 1984 .
6. Russian legislation of the 10th-20th centuries. In nine volumes. Vol. 2. Legislation of the period of formation and strengthening of the Russian centralized state. – M.: Legal Literature, 1985.
7. Russian legislation of the 10th- XX centuries. In nine volumes. T. 4. Legislation of the period of formation of absolutism. – M.: Legal Literature, 1986.
8. Code of Laws of the Russian Empire. T. XV. Code of Criminal Laws. – St. Petersburg: Type. 2 departments of own. e. i. v. chancellery, 1832.
9. Code of Laws of the Russian Empire, edition of 1857. Vol. XV. Code of Criminal Laws. – St. Petersburg: Type. 2 departments of the e. i. v. chancery, 1857.
10. The Code of Laws of Tsar Feodor Ivanovich, 1589: according to the list of the collection of F. F. Mazurin: with 4 phototypical tables. – M.: Publication of the Commission for Printing State Charters and Treaties at the Moscow Main Archive of the Ministry of Foreign Affairs, 1900.
11. Code of Criminal and Correctional Punishments. – SPb.: Type. 2 departments of the property. e. i. v . chancellery, 1845.
12. Code of Criminal and Correctional Punishments of 1866 / Comp. N. S. Tagantsev. – 2nd ed., revised and enlarged. – St. Petersburg: Printing House of M. Stasyulevich, 1876. – 726, X p.
13. Code of Criminal and Correctional Punishments of 1885 / Comp. N. S. Tagantsev. – 5th ed., add. – SPb.: Printing house of M. Stasyulevich, 1886. – 714 p.
14. Foinitsky I. Ya. Fraud under Russian law: a comparative study. – St. Petersburg: printing house of the society “Obshchestvennye Polza”, 1871.
15. Yuzhin A. A. Fraud and its types in Russian criminal law: diss. … candidate of legal sciences. – M., 2016. – 238 p.
CRIMINAL LAW
KRASKOVSKIY Yan Eduardovich
Ph.D. in Law, associate professor, associate professor of Criminal law sub-faculty of the Penza State University
VANKOVA Kseniya Gennadjevna
student of the 4th course of the Institute of Law of the Penza State University
THE MEDIA AND THE INFORMATION AND TELECOMMUNICATIONS NETWORK INTERNET AS POSSIBLE FACTORS IN THE INCREASE IN THE NUMBER OF SUICIDES
This article is dedicated to the analysis and identification of a certain relationship between the number of suicides committed and the dissemination in the media of information about methods and cases of taking one’s own life. At first glance, this relationship is not obvious, but this does not diminish its significance. In order for information to be as safe as possible when compiling it and providing it to the general public, it is necessary to adhere to a number of rules developed by government agencies. These rules and recommendations are enshrined in laws and regulations. With the development of the Internet telecommunications network, obtaining information does not require significant effort. At the same time, it has become difficult to filter out the information flow and differentiate information by age categories.
Keywords: information and telecommunication network “Internet”, imitative behavior, criminal liability, media publications, death groups, suicide, minors, youth, inclination to suicide.
Article bibliographic list
1. Antipov A. I. Appeals and inclination as signs of crimes committed with the help of mass media and information and telecommunication networks // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2020. – No. 1 (85). – P. 91-98.
2. Bakaev A. A., Tarasov V. Yu., Sheveleva K. V. Ensuring the safety of minors in the virtual environment // Law and Order. – 2021. – No. 8. – P. 90-93.
3. Shapiro L. G., Gvozdeva I. S., Yuzhaninova A. L. Establishing the circumstances that contributed to the commission of crimes under Art. 110, 110.1 and 110.2 of the Criminal Code of the Russian Federation, as an effective means of preventing them // Bulletin of the SSLA. – 2021. – No. 6 (143). – P. 217-221.
CRIMINAL LAW
MAKSIMOVA Kristina Leonidovna
senior lecturer of Labor law sub-faculty of the Hero of the Russian Federation, Army General E. N. Zinichev St. Petersburg University of the State Fire Service of the Ministry of Emergency Situations of Russia
KUSKOVA Irina Vitaljevna
student of the Hero of the Russian Federation, Army General E. N. Zinichev St. Petersburg University of the State Fire Service of the Ministry of Emergency Situations of Russia
YURJEVA Valentina Yurjevna
student of the Hero of the Russian Federation, Army General E. N. Zinichev St. Petersburg University of the State Fire Service of the Ministry of Emergency Situations of Russia
RAU Karina Evgenjevna
student of the Hero of the Russian Federation, Army General E. N. Zinichev St. Petersburg University of the State Fire Service of the Ministry of Emergency Situations of Russia
MURDER OF A NEWBORN CHILD BY A MOTHER: CRIMINAL LEGAL AND CRIMINOLOGICAL PROBLEMS: BASED ON MATERIALS FROM ST. PETERSBURG
Violence against minors includes a fairly wide range of illegal acts that violate the personal rights of children. Of particular value among such rights is the right to life. Along with this, among such crimes, a special place is occupied by the murder of a newborn child by the mother, provided for in Art. 106 of the Criminal Code of the Russian Federation. As statistics show, every year the number of these crimes reaches several dozen, which makes it important to consider the criminal legal and criminological features of the act. Within the framework of this article, the author analyzed the criminal legal and criminological characteristics of the murder of a newborn child by a mother. Based on the highlighted features, a conclusion was made about the need to further improve the legal regulation of this crime, as well as the need to prevent this criminal act.
Keywords: murder, newborn child, mother, murder of a newborn child, criminological aspect, maternal instinct.
Article bibliography
1. Danilova M. Yu. Criminal-legal and criminological characteristics of the murder of a newborn child by a mother // Young scientist. – 2018. – No. 38 (224). – P. 114-116.
2. Pchelkina E. V., Malysheva E. V. Criminological portrait of the personality of a mother convicted of murdering her newborn child in Russia // Russian investigator. – 2019. – No. 12. – P. 63-66.
3. Khatuev VB Evolution of the criminal legislation of Russia on liability for the murder of a newborn child by a mother // Lexrussica. – 2019. – No. 1. – P. 83-96.
4. Chukreev VA Criminal-legal protection of a person from encroachments on his anatomical and physiological properties. – M.: Prometheus, 2022. – 212 p.
CRIMINAL LAW
SHAGANOVA Olga Mikhaylovna
Ph.D. in Law, associate professor of Criminal law and criminology sub-faculty of the Barnaul Law Institute of the MIA of Russia
ILLEGAL TRAFFICKING OF PORNOGRAPHIC MATERIALS OR OBJECTS UNDER THE CRIMINAL LEGISLATION OF THE MEMBER STATES OF THE COMMONWEALTH OF INDEPENDENT STATES
The article analyzes the criminal law norms on liability for illegal trafficking of pornographic materials or objects under the legislation of the member states of the Commonwealth of Independent States. The author studies the criminal codes of the Republics of Azerbaijan, Armenia, Belarus, Kazakhstan, Kyrgyzstan, Tajikistan, Uzbekistan and the Russian Federation. The features of the construction of the studied components of the crime related to the subject of the crime, the purpose and method of its commission are noted. It is concluded that alternative sanctions are most often established with such types of punishment as fines, correctional and community service, and imprisonment.
Keywords: pornographic materials or objects, illegal trafficking of pornographic materials or objects, criminal legislation of the CIS member states, criminal law.
Article bibliographic list
1. Access from the reference – legal system “ConsultantPlus”.
2. On the Commonwealth of Independent States // Official website of the Ministry of Foreign Affairs of the Russian Federation. [Electronic resource]. – Access mode: https://www.mid.ru/ru/foreign_policy/integracionnye-struktury-prostranstva-sng/sng/1813264/ (date of access: 06/05/2024).
3. Timoshenko Yu. A. New manifestations of crime in the sphere of illegal production and circulation of pornographic materials and objects // New, emerging and changing forms of crime: scientific foundations for counteraction (Dolgov Readings): collection of materials of the II All-Russian scientific and practical conference, Moscow, March 24-25, 2022 / University of the Prosecutor’s Office of the Russian Federation. Moscow: B. i., 2022. Pp. 151-158.
4. Criminal legislation of the CIS countries // Information system “CONTINENT”. [Electronic resource]. – Access mode: http://continent-online.com. (date of access: 05.06.2024).
5. Criminal Code of the Republic of Armenia. [Electronic resource]. – Access mode: https://www.arlis.am/ (date of access: 05.06.2024).
CRIMINAL LAW
SHMYATKOVA Natalya Viktorovna
postgraduate student of the Irkutsk Institute (branch) of the All-Russian University of Justice (RLA of the Ministry of Justice of Russia)
SEREDA Irina Mikhaylovna
Ph.D. in Law, professor of Criminal law and criminology sub-faculty of the Irkutsk Institute (branch) of the All-Russian University of Justice (RLA of the Ministry of Justice of Russia)
STRATEGIES FOR COUNTERING CRIMES COMMITTED WITH MALICIOUS USE OF ARTIFICIAL INTELLIGENCE BY LAW ENFORCEMENT AGENCIES
Among the main tasks to achieve the goal of scientific and technological development of the state is the development of promising high technologies, including artificial intelligence. At the same time, the latter is used maliciously in committing crimes.
Counteraction to these acts is, first of all, provided by law enforcement agencies, whose activities must be clearly planned and coordinated.
The authors of the article note that the organization of the work of these bodies when countering crimes committed using artificial intelligence needs to be improved. The article also analyzes the main areas of activity of law enforcement agencies that can be used during the preliminary investigation. It is proposed to create specialized databases developed at the state level with interdepartmental interaction, and their implementation in the activities of law enforcement agencies, which in the future will help to quickly identify and solve crimes committed using artificial intelligence.
Keywords: Internet network, information and telecommunication technologies; artificial intelligence; IT system; crime; opposition; law enforcement agencies.
Article bibliography
1. Gadzhiev M. S. Criminological analysis of crime in the field of computer information (based on the materials of the Republic of Dagestan): diss. … Cand. of Law: 12.00.08. – Makhachkala, 2004. – P. 81-85.
2. Malyshkin A. V. Integration of artificial intelligence into public life: some ethical and legal problems // Bulletin of St. Petersburg University. Series “Law”. – 2019. – Vol. 10. No. 3. – P. 444-460.
3. Mikhailov M. A., Kokodey T. A. Digital Innovations and Human Rights: Dilemmas of International Law Enforcement Practice. – DOI 10.52468/2542-1514.2022.6(3).120-133. – EDN UQQTTU // Law Enforcement. – 2022. – T. 6. No. 3. – P. 120-133.
CRIMINAL LAW
TSVETOV Sergey Viktorovich
senior lecturer of Tactical and special training sub-faculty of the I. D. Putilin Belgorod Law Institute of the MIA of Russia
NEDOSTYPENKO Tatyana Alexandrovna
Ph.D. in Law, senior lecturer of Criminal law sub-faculty of the I. D. Putilin Belgorod Law Institute of the MIA of Russia
CHAPLYGIN Nikolay Nikolaevich
senior lecturer of Tactical and special training sub-faculty of the I. D. Putilin Belgorod Law Institute of the MIA of Russia
CURRENT ISSUES OF USING UNMANNED AERIAL VEHICLES TO ENSU RE PUBLIC SAFETY OF THE RUSSIAN FEDERATION AND PUBLIC ORDER
The article discusses the reasons for the use of unmanned aerial vehicles by internal affairs bodies when carrying out measures to ensure law and order. The advantages and priority areas for their use are indicated. In conclusion, reasoned conclusions are presented, indicating the need to improve the norms of Russian legislation on the issue of securing unmanned aerial vehicles as special means of the internal affairs bodies of the Russian Federation.
Keywords: internal affairs bodies, unmanned aerial vehicles, public order protection, unmanned aircraft, special means.
Article bibliography
1. Bordachev A. Yu. Tactical features of the use of UAVs by police officers // Law and power. – 2023. – No. 4. – P. 51-57.
2. Egoshin I. V., Konstantinov V. N. Relevance of the practical use of unmanned aerial vehicles by internal affairs bodies in the performance of operational and official tasks // Bulletin of the Ural Law Institute of the Ministry of Internal Affairs of Russia. – 2022. – No. 3. – P. 99-104.
3. Kosovsky VB, Martynyuk SN Current issues of practical application of unmanned technology in the internal affairs bodies of the Russian Federation // Society: politics, economics, law. – 2020. – No. 3 (80). – P. 25-29.
4. Krasovskaya EL Use of unmanned aerial vehicles in the system of the Ministry of Internal Affairs of Russia in the implementation of operational-search activities, including the search for missing persons // Proceedings of the Academy of Management of the Ministry of Internal Affairs of Russia. – 2023. – No. 3 (67). – P. 190-195.
5. Kempf VA Fundamentals of the use of special equipment in the professional activities of a police officer: a tutorial. – Barnaul: Barnaul Law Institute of the Ministry of Internal Affairs of Russia, 2016. – 70 p.
CRIMINAL LAW
JAMALOV Dzhabrail Magomedvalievich
magister student of the 2nd year of correspondence education of the training profile: “Criminal procedure, criminalistics: forensics examination, operational and investigative activities” of Criminal process and criminalistics sub-faculty of the Dagestan State University, Makhachkala
ORGANIZATION OF THE ACTIVITIES OF EXTREMIST ORGANIZATIONS IN DAGESTAN
The relevance of this work to the topic is due to the fact that the manifestation of extremism is an indispensable attribute of the social process and has persecuted all mankind throughout the centuries of history. At this stage of society’s development, characterized by globalization, the formation of a huge information space and the emergence of powerful destructive technologies, extremism has become a problem requiring criminal consequences. Religious and political extremism has become especially active in the Republic of Dagestan in recent years. The indicators of terrorist activity, those arrested and complaining of assaults on the lives of law enforcement officers, statistics of dead employees, members of illegal armed groups killed, religious and political extremist activities are significantly higher than in most other regions of the Russian Federation. One of the extreme forms of extremism in the Republic of Dagestan is the murder of undesirable political and public figures
The purpose of the work: to determine the organization of the activities of extremist organizations in Dagestan, to give a legal assessment.
Keywords: extremism, criminal prosecution, extremist activity, subjects.
Article bibliography
1. Abdulatipov A. M., Magomedov B. Sh. On the issue of involving citizens in terrorist and extremist activities (on the example of the Republic of Dagestan). – Text: electronic // Legal Bulletin of the Dagestan State University. – 2018. – No. 2. – P. 134-140.
2. Abdulagatov Z. M. Problems of defining extremism in the activities of mass Islamic movements (on the example of the Republic of Dagestan) // Islamic studies. – 2013. – No. 3. – P. 28-36.
3. Azizova V. T. Subjects of counteraction to extremist activity in the Republic of Dagestan and their powers. – Text: electronic // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2010. – No. 8. – P. 78-82.
4. Gamidov A. M. Conditions facilitating the involvement of minors in terrorism. – Text: electronic // Legal Bulletin of the Dagestan State University. – 2013. – No. 2. – P. 81-84.
CRIMINAL LAW
IBRAHIM Luma Adnan Ibrahim
postgraduate student of Criminal law, criminal process and criminalistics sub-faculty of the Patrice Lumumba Peoples’ Friendship University of Russia
CRIME SCENE EXAMINATION AS A MEANS OF DETECTING MURDERS DISGUISED BY STAGING
The investigation of murders disguised by staging involves specific challenges. One of the tasks of forensic science is to develop guidelines for crime scene examination in such cases. This article examines the features of crime scene examination in staged murders and offers recommendations to detect staging traces and determine the crime mechanism. The study reveals that traces of the crime remain even when a murder is staged, which can be identified during the crime scene examination, helping to establish the causeof death and whether the body was moved. It is crucial to determine if death occurred at the scene or if the body was relocated, as well as to identify signs of violent death. The involvement of a forensic medical expert and a crime scene investigator is essential during the examination.
Keywords: murder, body, staging, crime scene examination, staging traces
Article bibliography
1. Buglaev M. A. Some features of conducting a search and inspection of the crime scene in cases of murder “without a corpse” // Bulletin of the South Ural State University. – 2009. – No. 40 (173). – P. 29-35.
2. Bystrov A. A., Petrova E. P. Tactical techniques for examining the crime scene in forensic science // Paradigm. – 2019. – No. 1. – P. 108-111.
3. Maltsev S. A. Tactics of conducting a home inspection during the investigation of murders related to the disappearance of citizens // Social Sciences. – 2011. – No. 1. – P. 152-158.
4. Medvedeva S. N. Forensic problems of causality in the detection and investigation of crimes against life and health: dis. … candidate of legal sciences. – Krasnodar, 2005. – 185 p.
5. Khusnudinov R. G. Features of the investigation of certain types of non-obvious murders // Issues of Russian justice. – 2021. – No. 11. – P. 481-489.
CRIMINAL LAW
KARAEVA Zukhra Shikhshanatovna
postgraduate student of Criminal law and criminology sub-faculty of the Institute of Law of the Dagestan State University,
ACTUAL PROBLEMS OF IMPOSING A MORE LENIENT PUNISHMENT THAN PROVIDED FOR BY LAW
The presented article explores the problems associated with imposing a punishment softer than provided by law (Article 64 of the Criminal Code of the Russian Federation). The author analyzes and summarizes the most relevant and discussed issues related to this top-ic, discusses some of them, and provides a creative assessment. The question of ambiguity of the criminal law norm regulating this institution is noted, and its gaps and shortcomings are identified by the author. The study critically evaluates the practice of applying provisions on imposing a softer and lenient punishment than those that are provided by law, not-ing its arbitrariness and the lack of uniform approaches in the adoption of judicial acts tak-ing into account the provisions of Article 64 of the Criminal Code of the Russian Federation. Based on the research and search work, some recommendations and proposals are formulated by the author of the article which are aimed at further improving the specified norm of the criminal law.
Keywords: imposition of punishment, below the lower limit, mitigating circumstanc-es, exceptionality of mitigating circumstances, imposing a softer punishment, justifying the imposition of punishment.
Article bibliographic list
1. Gracheva Yu. V. Judicial discretion in criminal law: a tutorial. – 2nd ed. – Moscow: Prospect, 2021. – 160 p.
2. Kukovyakin A. E. The concept of exceptional circumstances as a basis for applying Art. 64 of the Criminal Code of the Russian Federation // Scientific Bulletin of the Omsk Academy of the Ministry of Internal Affairs of Russia. – 2017. – No. 4 (67). – P. 20-23.
3. Nikolaeva T. V. Appointment of a more lenient punishment than provided for a given crime: Theoretical and Practical Issues: Abstract of Candidate of Legal Sciences Dissertation: 12.00.08 / Chelyabinsk State University. – Chelyabinsk, 2005. – 24 p.
4. Nechepurenko A. A., Kukovyakin A. E. Limitation of Judicial Discretion in Transferring Mitigating Circumstances to Exceptional Circumstances in Accordance with Art. 64 of the Criminal Code of the Russian Federation // Psychopedagogy in Law Enforcement Agencies: Scientific and Practical Journal / Ed. A. F. Karavaev. – 2017. – No. 3 (70). – P. 20-28.
5. Generalization of Judicial Practice of Applying the Provisions of Art. 64 of the Criminal Code of the Russian Federation when considering criminal cases in 2021 and the first half of 2022 (approved by the Presidium of the Chelyabinsk Regional Court on February 7, 2023) / GARANTEE. – [Electronic resource]. – Access mode: https://base.garant.ru/407041054/ (date of access: 07/09/2024).
6. Review of judicial practice in cases of crimes related to the illegal trafficking of narcotic drugs, psychotropic substances and their analogues” (approved by the Presidium of the Supreme Court of the Russian Federation on 06/26/2024) // Consultant-Plus. – [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_479925/ (date of access: 07/09/2024).
CRIMINAL LAW
KRASKOVSKIY Yan Eduardovich
Ph.D. in Law, associate professor, associate professor of Criminal law sub-faculty of the Penza State University
CONCEPT, FEATURES AND FORMS OF VIOLENCE IN THE FAMILY AND HOUSEHOLD SPHERE
Currently, Russian legislation does not have a normatively defined concept – “domestic violence”; a law on the prevention of domestic violencence has not yet been adopted. The fight against domestic violence requires close attention from the legislator. In the article, from the author’s position, an attempt is made to define domestic violence and its types, as well as domestic violence, and examines the conditions that contribute to these acts and forms of domestic violence. The author provides examples from judicial practice in the Penza region.
Keywords: family, violence, domestic violence, form of violence, domestic crime.
Article bibliography
1. Volkov E. N. Criteria and signs of psychological damage and psychological violence // Journal of practical psychologist. – 2002. – No. 5. – P. 84-95.
2. Denisov M. A., Khorosheva N. V. The problem of defining the term “manipulation” in the works of Russian researchers // Political linguistics. – 2015. – No. 2 (52). – P. 94-101.
3. Domestic violence: social and legal aspect: teaching and method. manual / Under the general editorship of E. I. Ershova, with the participation of S. G. Aivazova 3rd ed., supplemented. and revised. – M .: Publishing house of the All-Russian Association of Women’s Public Organizations “Consortium of Women’s Non-Governmental Associations”, 2013. – 194 p.
4. Latysheva E. V. The concept of crime in the family and domestic sphere // Social management. – 2023. – Vol. 5. No. 12. – P. 544-553.
5. Maksimov S. V., Revin V. P. Violent crimes in the sphere of family and domestic relations and problems of their prevention: teaching. manual. – M.: Publishing House of the Educational and Methodological Center of the Main Directorate of the Ministry of Internal Affairs of the Russian Federation, 1993. – 56 p.
6. Tugelbaeva B. G., Khamzaeva A. D. Criminology: Problems of Preventing Domestic (Family) Violence: Textbook. – Bishkek: KRSU Publishing House, 2010. – 375 pp.
CRIMINAL LAW
KURKINA Yuliya Andreevna
postgraduate student of Criminal law and criminology sub-faculty of the S. A. Yesenin Ryazan State University, leading legal advisor of the Deposit Insurance Agency State Corporation
METHODS FOR CALCULATING DAMAGE CAUSED BY DELIBERATE BANKRUPTCY
The article examines the main approaches to determining the amount of damage caused by the deliberate fraud (The article 196 of the Criminal Code of the Russian Federation). The author has identified and analyzed the problems of the methods used in law enforcement practice for calculating the damage caused by this crime. Statistical information related to the application of this rule of law, judicial practice, as well as specific examples of the use of various approaches to calculating damage were considered in the process of writing the article.
Keywords: deliberate bankruptcy, property damage, victim, creditor, debtor, compensation.
Article bibliography
1. Aleksandrov S. A. Criminal liability for intentional bankruptcy of an individual // Philosophy of Law. – 2022. – No. 4 (103). – P. 170-173.
2. Volzhenkin B. V. Crimes in the sphere of economic activity under the criminal law of Russia. – St. Petersburg: Legal Center “Press”, 2007. – 765 p.
3. Mikhalev I. Yu. Bankruptcy and criminal law: dissertation of a candidate of legal sciences. – Vladivostok, 2000. – P. 244.
4. Mikhalev I. Yu. Criminal bankruptcy. – St. Petersburg: Legal Center “Press”, 2001. – 217 p.
5. Shmatenko A. A. Damage as an element of the objective side of criminal bankruptcies // Russian investigator. – 2014. – No. 8. – P. 27-32.
6. Korennaya A. A. Determination of the amount of damage caused by deliberate bankruptcy (Article 196 of the Criminal Code of the Russian Federation) // Arbitration and civil procedure. – 2021. – No. 1.
CRIMINAL LAW
ODNODVORTSEVA Ekaterina Andreevna
adjunct of Criminal law sub-faculty of the V. Ya. Kikot Moscow University of the MIA of Russia
ABUSE OF OFFICE: COMPARATIVE LEGAL ANALYSIS OF THE LEGISLATION OF THE RUSSIAN FEDERATION, THE REPUBLIC OF BELARUS AND THE REPUBLIC OF KAZAKHSTAN
The article presents a comparative legal study of the criminal laws of the Russian Federation, the Republic of Belarus and the Republic of Kazakhstan, in terms of securing criminal liability for abuse of official authority. On the territory of the post-Soviet space, these countries, along with the Russian Federation, are leaders in social and economic development, which is reflected in the legal sphere. Over the past decade, the criminal legislation of the countries under consideration has undergone a number of significant changes, which leads to interest in studying approaches to such an illegal act as abuse of official authority. The author analyzes the norms of foreign law and draws conclusions about the need to perceive the experience of neighboring countries.
Keywords: official crimes, abuse of official authority, official, comparative legal analysis, criminal law.
Article bibliography
1. Gaukhman L. D., Maksimov S. V. Criminal legislation of the Republic of Belarus and the Russian Federation: general comparative legal commentary. Moscow: Moscow Institute of the Ministry of Internal Affairs of the Russian Federation, 2000. 236 p.
2. “Model Criminal Code for the Member States of the Commonwealth of Independent States. Advisory Legislative Act” (Adopted in St. Petersburg on 17.02.1996 by Resolution No. 5 at the 7th plenary session of the Interparliamentary Assembly of Member Nations of the CIS) // Website of the Interparliamentary Assembly of the CIS. [Electronic resource]. – Access mode: http://iacis.ru
3. Criminal Code of the Republic of Kazakhstan of July 3, 2014 No. 226-V (with amendments and additions as of June 16, 2024). [Electronic resource]. – Access mode: https://online.zakon.kz/Document/?doc_id=31575252&pos=5518;-56#pos=5518;-56 (date of access: March 27, 2024).
4. Criminal Code of the Republic of Belarus of July 9, 1999 No. 275-Z (with amendments and additions as of October 1, 2023). [Electronic resource]. – Access mode: https://online.zakon.kz/Document/?doc_id=30414984&doc_id2=30414984#activate_doc=2&pos=87 (date accessed: 27.03.2024).
5. Khilyuta V. V. Abuse of power or official authority as a corruption crime in the criminal law of Belarus // Bulletin of YSU. 2015. No. S4 (39). P. 341-348.
6. Nikitin Yu. A. Abuse of power or official authority: qualification issues // State and Law in the 21st Century: materials of the international scientific and practical conference dedicated to the 95th anniversary of the Faculty of Law of the Belarusian State University, November 26-27, 2020, Minsk / BSU, Faculty of Law.; [editorial board: T. N. Mikhaleva (editor-in-chief) and others]. Minsk: BSU, 2021. Pp. 786-789.
7. Resolution of the Plenum of the Supreme Court of the Russian Federation of September 27, 2012 No. 19 (as amended on May 31, 2022) “On the application by the courts of the legislation on necessary defense and causing harm during the detention of a person who has committed a crime” // Rossiyskaya Gazeta. No. 227. October 3, 2012.
8. Resolution of the Plenum of the Supreme Court of the Republic of Belarus of December 16, 2004 No. 12 “On judicial practice in cases of crimes against the interests of the service (Articles 424-428 of the Criminal Code of the Republic of Belarus)”. [Electronic resource]. – Access mode: https://court.gov.by/ru/jurisprudence/post_plen/criminal/vsgov/6dfc7a79064c437d.html (date of access: 27.03.2024).
9. Resolution of the Council of Ministers of the Republic of Belarus dated 30.12.2022 No. 967 “On establishing the amount of the base unit”. [Electronic resource]. – Access mode: https://pravo.by (date of access: 27.03.2024).
10. Official exchange rates for a given date, set daily | Bank of Russia. [Electronic resource]. – Access mode: https://cbr.ru/currency_base/daily/ (date of access: 27.03.2024).
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CRIMINAL PROCEEDINGS
DAROVSKIKH Olga Igorevna
Ph.D. in Law, associate professor, professor of Criminal process sub-faculty of the St. Petersburg University of the MIA of Russia
DAROVSKIKH Svetlana Mikhaylovna
Ph.D. in Law, professor, professor of Criminal process, criminology and forensic examination sub-faculty of the National Research University South Ural State University, Chelyabinsk
REALIZATION OF THEIR SUBJECTIVE RIGHTS BY PARTICIPANTS IN CRIMINAL PROCEEDINGS AS A WAY TO ENSURE ITS EFFECTIVENESS
The article discusses the problematic issues of the implementation of their subjective rights by such participants in criminal proceedings as a suspect, accused, victim, defense attorney, civil plaintiff and civil defendant and their legal representatives, as well as persons who do not have their own interest in the criminal process of witnesses and witnesses. The authors consider the relationship and interdependence of the forms of implementation of the rights of these participants with ensuring the effectiveness of criminal proceedings. Some problems affecting efficiency have been identified. Firstly, this is ignorance of their subjective rights granted to them by law, secondly, the lack of skills to implement these rights and thirdly, the refusal to use their rights for protection. The authors identify some reasons for ignorance of subjective rights, a peculiar understanding in some cases of options for exercising rights, or choosing a method of protection, as well as refusal to use granted rights.
Keywords: criminal procedural activity, participants, rights, implementation of rights, efficiency.
Article bibliography
1. Portal of legal statistics of the Prosecutor General’s Office of the Russian Federation. Social portrait of crime. [Electronic resource]. – Access mode: http://crimestat.ru/social_portrait (date of visit: 01.06.2024)
2. Criminal case No. 1-178/2017 // Archive of the Kurgan City Court of the Kurgan Region
3. Criminal case No. 1-45/2022 // Archive of the Pravoberezhny District Court of Magnitogorsk.
CRIMINAL PROCEEDINGS
KAZMIROV Maxim Alexandrovich
senior lecturer of Criminal process law and criminology sub-faculty of the East Siberian branch of the Russian State University of Justice, Irkutsk, judge of the Irkutsk Regional Court, honorably retired
HISTORICAL AND LEGAL ANALYSIS OF THE LEGAL STATUS OF AN EXPERT, SPECIALIST AND LEGAL NORMS GOVERNING THE USE OF SPECIAL KNOWLEDGE IN THE CRIMINAL PROCEDURAL LEGISLATION OF THE RUSSIAN FEDERATION
This article opens a series of articles devoted to the analysis of the history of the appearance in the criminal procedural legislation of the Russian Federation of such evidence as the conclusion and testimony of a specialist, the history of the appearance in criminal proceedings of such a procedural participant as a “specialist”.
Also, this article provides a brief assessment of Soviet legislation in the field of use of special knowledge, describes the process of changes in criminal procedural legislation in connection with the adoption of the Code of Criminal Procedure of the Russian Federation, the process of resolving a number of gaps in Soviet legislation, and also describes a number of problems in the field of use of special knowledge not resolved by the adoption of the Code of Criminal Procedure of the Russian Federation.
Keywords: criminal proceedings, special knowledge, process of proof, expert, expert opinion, expert testimony, specialist, expert opinion, specialist testimony.
Article bibliography
1. Arutyunyan A. A., Brusnitsyn L. V., Vasiliev O. L. et al. Course of criminal procedure / Ed. L. V. Golovko. – M .: Statut, 2016. – 1278 p.
2. Kazmirov M. A. “Historical and legal analysis of the legal status of an expert, specialist and legal norms regulating the use of special knowledge in the criminal procedural legislation of the RSFSR” // Verb of Justice. – 2024. – No. 1. – P. 7-15
3. Gromov N., Smorodinova A., Soloviev V. Expert opinions: from the opinion of a lawyer to the conclusions of a physician (review of practice) // Russian Justice. – 1998. – No. 8. – P. 54-57.
4. Selina E. Expert opinion and testimony in criminal proceedings // Legality. – 2016. – No. 9. – P. 56-58.
CRIMINAL PROCEEDINGS
LIFANOVA Liliya Gennadjevna
Ph.D. in Law, associate professor, professor of Criminal process and criminalistics sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia
LYUBOZHENKO Igor Anatoljevich
associate professor of Criminal law disciplines and criminalistics sub-faculty of the Donetsk branch of the Volgograd Academy of the MIA of Russia, lieutenant colonel of police
PERSUASION AS A FORM OF REALIZATION OF CRIMINAL PROCEDURAL RIGHTS AND POWERS
The category of “conviction” in criminal proceedings is interrelated with the assessment of evidence. The legislator obliges the authorities of the subjects of criminal procedural activity to make legally significant decisions guided by an internal conviction based on the totality of the evidence available in the case. The authors believe that, in addition to internal persuasion, persuasion plays an important role in the implementation of the tasks of criminal proceedings as a method of influencing the consciousness and will of participants in criminal procedural relations, the degree of implementation of which depends on the stage of the criminal process, as well as other circumstances of the specific event under investigation.
Keywords: conviction, evaluation of evidence, procedural status of the subject of criminal proceedings, participant in criminal proceedings, stages of criminal procedural activity.
Article bibliography
1. Shitov M. A. Evaluation activity of the investigator in the process of proving: diss. … candidate of legal sciences. – Krasnodar, 2003.
2. Yatsishina O. E. Inner conviction as a basis for freedom of evaluation of evidence in Russian criminal proceedings: author’s abstract. diss. … candidate of legal sciences. – Chelyabinsk, 2004.
3. Kosykh A. A. Conviction in law: theory, practice, technique: dis. … candidate of legal sciences. – Vladimir, 2015.
4. Ushakov D. N. Large explanatory dictionary of the modern Russian language. 180,000 words and phrases. – M.: Alta-Print: DOM. XXI century, 2009.
5. Sadivankin S. G. Factors influencing the formation of internal conviction in the assessment of evidence // Problems of development of criminal procedural legislation at the present stage: collection of scientific articles edited by S. A. Sheifer. – Samara, 2002.
6. Baev O. Ya. Selected works on the problems of forensic science and criminal procedure. – Moscow, 2011.
7. Levchaeva N. V. Persuasion, suggestion and argumentation as the main psychological techniques of influence in the process of business communication // World of science and education. – 2016. – No. 1 (5).
CRIMINAL PROCEDURE
LOGACHEV Konstantin Konstantinovich
senior lecturer of Criminal process sub-faculty of the Barnaul Law Institute of the MIA of Russia
ACTIVITIES OF THE INVESTIGATOR AT THE STAGE OF COMPLETION OF THE INVESTIGATION
This paper examines the activities of the investigator at the final stage of the investigation. From the moment the investigator makes a decision to end the preliminary investigation and ends with the prosecutor sending the criminal case to the court for approval of the indictment. In addition, the author points out the variety of types of completion of the investigation. The issue of investigating a criminal case in stages is considered. Evaluation and analysis of the collected evidence is a key tool to confirm the correctness of the investigation.
Keywords: investigator, investigation, completion of the investigation, assessment of the collected evidence, final stage, familiarization with the case materials.
Article bibliography
1. Efimychev S. P., Efimychev P. S. Completion of the preliminary investigation with the drafting of an indictment // Criminal law. – 2021. – No. 1. – P. 94.
2. Alimamedov E. N. The concept of the stage of completion of the preliminary investigation with the indictment // Russian investigator. – 2018. – No. 11. – P. 67.
3. Rossinsky S. B. Indictment as a law enforcement act completing the preliminary investigation of a criminal case // Vest. Un-ta im. O.E. Kutafina. – 2018. – No. 2. – P. 155.
4. Golova S. I. Completion of the preliminary investigation by drawing up an indictment: concept, essence, historical retrospective // Society and Law. – 2022. – No. 4. – P. 89.
5. Bagryan A. A. Some problems of summing up the preliminary investigation // Law and Right. – 2021. – No. 10. – P. 140.
6. Klimchuk V. P. Errors at the end of the preliminary investigation and criminal procedural methods for their elimination: dis. … Cand. of Law. – M., 2019. – P. 59.
7. Activities of the investigator at the stage of completion of the preliminary investigation: a teaching aid / Ed. A. S. Esina et al. – M .: Moscow University of the Ministry of Internal Affairs of Russia named after V. Ya. Kikot, 2019. – P. 47.
8. Zenchenko L. E. On the issue of systematization of materials of a criminal case against two or more accused // Gaps in Russian legislation. – 2020. – No. 3. – P. 211.
9. Manova N. S. Russian criminal procedure: textbook. – M .: Dashkov i K, IP Er Media, 2019. – P. 156.
10. Galkin O. V. Problems of legal regulation of the production and use of copies of documents in criminal proceedings // Young science. – 2021: Collection of articles of the VIII All-Russian student scientific and practical conference, Moscow, April 24, 2021. – M.: MFUA, 2021. – P. 241.
CRIMINAL PROCEEDINGS
LONSHCHAKOVA Angella Rashitovna
Ph.D. in Law, associate professor of the Academy of Management of the MIA of Russia
LONSHCHAKOVA Polina Alexandrovna
student of the Ufa University of Science and Technology
LONSHCHAKOVA Angelina Alexandrovna
student of the Ufa University of Science and Technology
THE ROLE OF THE CONCEPTUAL THEORETICAL PROVISIONS OF GENNADY FEDOROVICH GORSKY, THE DEVELOPER OF THE SOVIET THEORY OF PRELIMINARY INVESTIGATION, IN THE FORMATION OF CRIMINALISTIC CRIME PREVENTION IN THE CONTEXT OF DIGITAL TRANSFORMATION OF SOCIETY
The article substantiates the opinion that the formation of a theoretical basis for criminalistic crime prevention is possible, to a large extent, on the basis of scientific achievements, scientific ideas formulated in the Soviet theory of preliminary investigation, developed by Gennady Fedorovich Gorsky. The main attention in the scientific research of Gennady Fedorovich Gorsky is paid to the prevention of crimes on the basis of “identification, study, proof and elimination of the causes of crime at the stage of preliminary investigation at all its stages, including at the initial stage, for example, when investigating crimes committed by minors” [2, 3]; factual and functional analysis of activities the investigative apparatus and on its basis the construction of algorithms for the prevention of crimes by procedural means and methods; public participation in crime prevention; in the organization of research on specific sociological studies of the circumstances of a crime; evidentiary law in the system of Soviet criminal procedure law; moral principles of proof. Modern trends in the development of scientific and technological progress, especially the use of large language models, allow us, based on the analysis of the works of Gennady Fedorovich Gorsky, to process extensive scientific and empirical material, thereby developing a more effective method of preventing crimes by procedural means.
Keywords: scientific works of Gennady Fedorovich Gorsky, achievements of the Soviet criminal process, the Soviet theory of preliminary investigation, the principle of historicism, revision of Soviet scientific achievements, forensic support, identification, proof, elimination of causes and conditions of crime, making representations, analysis of problematic issues and algorithms for their resolution, crime prevention, moral principles of proof.
Article bibliography
1. Belkin R. S. General theory of Soviet criminalistics. Saratov, 1986.
2. Gorsky G. F. Identification and study of the causes of crime at the stage of preliminary investigation: diss. … candidate of legal sciences. Voronezh, 1965.
3. Gorsky G. F. Scientific foundations of the organization of the activities of the investigative apparatus in the USSR: diss. … Doctor of Law. Moscow, 1973.
4. Gorsky G. F., Kokorev L. . D., Kotov D. P. Judicial Ethics. Some Problems of the Moral Principles of Soviet Criminal Procedure. Voronezh, 1973.
5. Gorsky G. F. Questions of Methodology and Practice of Specific Research into the Causes of Crime and the Personality of the Criminal in the Central Black Earth Economic Region area. Voronezh: Voronezh State University, 1964. (Co-authors: V. E. Chugunov, S. I. Sirota, V. F. Zudin, V. I. Guskov, G. R. Tkachev, Yu. A. Krasikov, E. F. Pobegaylo, S. I. Ryazanov).
6. Gorsky G. F. Identification and study of the causes of crime at the stage of preliminary investigation / Ed. V. E. Chugunov. Voronezh: Voronezh State University, 1964.
7. Gorsky G. F. On the practice of application criminal legislation in the fight against especially dangerous recidivism / Ed. A. M. Rekunkov, P. P. Svyatokhin, V. V. Trufanov. Voronezh: Voronezh State University, 1969.
8. Gorsky G. F. Use of mathematical methods in specific sociological studies of the causes of crime and the personality of the criminal // Study and prevention of crime: materials of practical conference. Issue 2. Voronezh, 1966.
9. Gorsky G. F., Guskov V. I. People’s Court. Voronezh: Voronezh State University. 1970.
10. Gorshenin L. G. Fundamentals of the Theory of Criminalistic Forecasting. Moscow, 1993.
11. Problems of Crime Prevention and Investigation: Past and Present. Dedicated to Professor Gennady Fedorovich Gorsky / Ed. V. A. Panyushkina; Voronezh State University. Voronezh: VSU Publishing House, 2014.
12. Lonshchakova A. R., Kharisova Z. I. Computer program “Software and analytical complex “Cybercrime”. Certificate of registration of the computer program No. 2020661720 from 09/30/2020.
13. Lonshchakova A. R., Lonshchakova P. A., Lonshchakova A. A. Analysis of individual cyber incidents. An integrated approach to protection against insider threats // Eurasian Law Journal. 2021. No. 11 (162). P. 402-404.
14. Lonshchakova A. R., Lonshchakov A. A. Computer program “AUTOPROTOCOL”.Certificate of registration of computer program No. 2024614431 dated 02/26/2024.
CRIMINAL PROCEEDINGS
MAGOMEDOVA Khadizhat Magomedovna
Master student of the 2nd year of full-time and part-time study at the Institute of Law of the Dagestan State University, Makhachkala
MIRZABALAEV Mirzabala Nasredinovich
Ph.D. in Law, associate professor of Criminal process and criminalistics sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
THE PROCEDURAL STATUS OF THE VICTIM AS A PARTICIPANT IN THE CRIMINAL PROCESS
The article analyzes the main problems of determining the status of a victim as a participant in criminal proceedings in the Russian Federation. The shortcomings of the legislative definition of the concept of “victim” and the difficulties of its application in practice, especially in cases of complex or indirect harm, are considered. The problems of protecting the rights of the victim at various stages of the criminal process, including obtaining information and participating in investigative actions, are outlined. The need to ensure the safety of victims facing threats and pressure is emphasized. The differences in the practice of applying legislation in different regions of the country and their impact on the protection of victims’ rights are described. The problem of insufficiency of compensationon mechanisms is analyzed and ways to improve them are proposed. In conclusion, recommendations are made to improve the legal regulation and practice of protecting the rights of victims in criminal proceedings.
Keywords: criminal prosecution, Code of Criminal Procedure of the Russian Federation, preliminary investigation, prosecution, preventive measures, judicial proceedings, rights of suspects and accused.
Article bibliography
1. Barinov S. V. On the specifics of obtaining testimony from the victim and witnesses in a criminal case // State and Law in the 21st Century. – 2021. – No. 1. – P. 38-44.
2. Vedmanova N. N. Legal status of the victim in criminal proceedings // Scientific notes. – Orenburg: RPC Poliart, 2020. – P. 114-117.
3. Kirsanova T. A. The concept of a victim and a witness in criminal law // Eurasian Advocacy. – 2021. – No. 1. – P. 34-38.
4. Nuekhova K. K. The victim as a participant in criminal proceedings // Forum of young scientists. – 2020. – No. 11 (51). – P. 222-225.
5. Pristavka, A. A. The victim in criminal proceedings // Tribune of the scientist. – 2020. – No. 2. – pp. 123-129.
CRIMINAL PROCEDURE
MILIKOVA Anna Vladimirovna
Ph.D. in Law, associate professor of Criminal law sub-faculty of the Volgograd State University
SHUBENKOVA Kseniya Vladimirovna
Ph.D. in Law, associate professor of Jurisprudence sub-faculty of the Volzhsky branch of the Volgograd State University
THE LEGAL AND MANAGERIAL NATURE OF CRIMINAL PROCEDURAL ACTS
Criminal procedural acts are a legal category that has an ambiguous interpretation and application both in the scientific literature and in legislative norms. Due to the lack of uniformity, in part, and understanding of the meaning of the issues under consideration, many practical questions arise. In this article, the authors attempt to draw attention to the problems of criminal procedural acts, to determine their legal nature, including its characteristics such as procedural form and managerial nature.
Keywords: criminal process, criminal procedure act, procedural documents, decisions, management, digitalization, criminal procedure form.
Article bibliography
1. Alekseev S. S. Collected Works. In 10 volumes [+ Reference volume]. Volume 3: Problems of the Theory of Law: Lecture Course. – Moscow: Statut, 2010. – 781 p.
2. Dolgov A. M. Indictment, indictment resolution and indictment as final documents of the preliminary investigation // Society: politics, economics, law. – 2016. – No. 9. – P. 67-69. – EDN WMIQRJ.
3. Kulcharova AV Procedural powers of the head of the inquiry unit in criminal proceedings in Russia: author’s abstract. dis. … candidate of legal sciences; Volgograd academy of the Ministry of Internal Affairs of the Russian Federation. – Volgograd, 2024. – 29 p.
4. Lupinskaya PA Decisions in criminal proceedings: theory, legislation and practice. – M.: Jurist, 2006. – 174 p.
5. Milikova AV, Rossinsky SB Criminal procedural acts of preliminary investigation bodies. – Moscow: Publishing house “Yurlitinform”, 2021. – 160 p. – (Criminal procedure). – ISBN 978-5-4396-2169-9. – EDN AKQUZF.
6. Rossinsky S. B., Milikova A. V. Reflections on the essence of criminal procedural acts of preliminary investigation bodies // Legal education and science. – 2019. – No. 9. – P. 17-25. – DOI 10.18572/1813-1190-2019-9-17-25. – EDN QPXJTQ.
7. Criminal procedural acts: a textbook for universities / G. V. Starodubova [et al.]; edited by G. V. Starodubova. – 4th ed., revised. and additional. – Moscow: Publishing house Yurait, 2024. – 456 p. – (Higher education). – ISBN 978-5-534-18410-5. – Text: electronic // Educational platform Yurait [website]. [Electronic resource]. – Access mode: https://urait.ru/bcode/534958/p.22 (date of access: 19.06.2024).
CRIMINAL PROCEEDINGS
MUSTAPAEV Hamid Salamovich
magister student of the 2nd course of correspondence studies of the Institute of Law of the Dagestan State University, Makhachkala
BEGOVA Dinara Yakubovna
Ph.D. in Law, associate professor of Criminal process and criminalistics sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
CRIMINAL PROSECUTION IN THE CRIMINAL PROCEEDINGS OF FOREIGN COUNTRIES
The article examines the specifics of criminal prosecution in the United States of America, Great Britain, France and China. The legal foundations, procedures and stages of the criminal process in each of these countries are analyzed in detail, including the role of prosecutors, investigative bodies and courts. Special attention is paid to the principles of competition and inquisitiveness, as well as to the specific features of each national legislation, such as the Federal Rules of Criminal Procedure of the United States, the Law on Police and Criminal Evidence of the United Kingdom, the Criminal and Criminal Procedure Codes of France and China. The differences in legal traditions and cultural factors influencing criminal prosecution, as well as their impact on the fairness and legality of the judicial process, are under investigation. The article emphasizes the importance of international cooperation and exchange of experience for improving legal systems and protecting citizens’ rights at the international level.
Keywords: criminal prosecution, legal system, criminal procedure, USA, Great Britain, France, China.
Article bibliographic list
1. Ilyina E. R. Criminal prosecution in foreign countries // Pen of Science. – 2020. – No. 28. – P. 40-43.
2. Makarenko M. A., Shestakova S. D. Chapter 32. Study of criminal procedure of foreign states // Actual problems of criminal procedure: textbook for adjuncts and master’s students educational organizations of the system of the Ministry of Internal Affairs of the Russian Federation. – St. Petersburg: Center for Scientific and Information Technologies “Asterion”, 2022. – P. 865-893.
3. Stelmakh V. Yu. Criminal prosecution at the request of a foreign state: legislative regulation in the Russian Federation // Modern criminal procedural law – lessons of history and problems of further reform. – 2020. – Vol. 2. No. 1 (2). – P. 238-244.
4. Khilkevich V. V. Electronic criminal case: experience of foreign countries // Category of legitimate interest in the branches of public and private law: collection of scientific articles. – Vitebsk: Vitebsk State University named after P. M. Masherov, 2022. – P. 99-103.
5. Shutemov S. I. Features of criminal proceedings in foreign countries // Perm period: Collection of materials of the V International scientific and sports festival of cadets and students, Perm, May 14-19, 2018. Volume 1. – Perm: Perm Institute of the Federal Penitentiary Service, 2018. – P. 293-296.
CRIMINAL PROCEEDINGS
OMAROV Ezer Alievich
Master student of the 1st year of correspondence education at the Institute of Law of the Dagestan State University, Makhachkala
DATSIEVA Khadizhat Hasanovna
Ph.D. in Law, associate professor of the Institute of Law of the Dagestan State University, Makhachkala
PROBLEMS OF THE DEFENDER’S PARTICIPATION IN CRIMINAL PROCEEDINGS
The article examines the actual problems of the defender’s participation in criminal proceedings, analyzes the legal norms governing the rights and duties of the defender, and identifies the main obstacles faced by lawyers in the implementation of the defense. Special attention is paid to the issues of restricting access to case materials, confidentiality of meetings with the defendant, as well as insufficient qualifications of public defenders. The cases of pressure on defenders by investigative authorities and courts are being investigated, which violates the principles of fair trial. The article presents proposals for improving legislation and the practice of its application to ensure equality of the parties and protect the rights of the accused. The effectiveness of the existing mechanisms for appealing the actions of investigative authorities and their impact on the right to protection is assessed.
Keywords: the participation of the defender, criminal proceedings, the rights of the accused , confidentiality, pressure on defenders, appeal, judicial practice.
Article bibliography
1. Gasanova Z. G. Actual legal and practical problems of participation of the defense attorney in criminal proceedings // Science and education: economy and economics; entrepreneurship; law and management. – 2021. – No. 6 (133). – P. 116-119.
2. Zhiglov R.S., Latyntsev N.V., Spitsyna A.O. Preliminary investigation stage: problems of implementing the powers of the defense attorney // State and Law: Problems and Prospects for Improvement: Collection of scientific papers of the 5th International Scientific Conference , Kursk, September 30, 2022. – Kursk: South-West State University, 2022. – P. 115-118.
3. Martynenkov D. G. Problems of implementing the principle of ensuring the right to defense in criminal proceedings // Current issues public law: Proceedings of the XX All-Russian Scientific Conference of Students and Young Scientists, Yekaterinburg, November 11-12, 2021. Volume Issue 20. – Yekaterinburg: Federal State Budgetary Educational Institution of Higher Education “Ural State Law University”, 2021. – P. 580-590.
4. Sysoeva T. V., Sysoev A. V. Problems arising in criminal proceedings involving alawyer as a defender appointed by law enforcement agencies // Current scientific research in the modern world. – 2020. – No. 7-6 (63). – P. 149-156.
5. Starikova A. I. Some problems of participation of a defender in criminal proceedings // Law. Society. State: Collection of scientific works of students and graduate students / Editorial board: D. V. Rybin (chairman), E. V. Trofimov (editor-in-chief) [and others]. Volume 14. – St. Petersburg: St. Petersburg Institute (branch) of the Federal State Budgetary Educational Institution of Higher Education “All-Russian State University of Justice (RPA of the Ministry of Justice of Russia)”, 2021. – P. 58-63.
CRIMINAL PROCEEDINGS
PAVLOV Mikhail Mikhaylovich
Legal Adviser
TOPICAL ISSUES OF THE RETURN OF THE CRIMINAL CASE TO THE PROSECUTOR IN THE ORDER OF ART. 237 OF THE CODE OF CRIMINAL PROCEDURE OF THE RUSSIAN FEDERATION
The presented scientific article analyzes the essential aspects and issues related to the practice of applying Article 237 of the Code of Criminal Procedure of the Russian Federation concerning the return of a criminal case to the prosecutor. A number of constructive ideas have been proposed to improve criminal procedure standards in this area. In the context of a detailed study of the article, both positive aspects of the application of Article 237 of the Code of Criminal Procedure of the Russian Federation and possible shortcomings requiring correction were identified. In particular, the cases where the return of a criminal case to the prosecutor is necessary and justified are considered in detail, as well as situations where this procedure may cause certain difficulties or difficulties. The article contains proposals to improve the process of returning cases to the prosecutor, including clarifying the criteria for making such a decision, improving control mechanisms over this process and increasing the effectiveness of interaction between participants in the criminal process. The above analysis not only makes it possible to better understand the essence of Article 237 of the Code of Criminal Procedure of the Russian Federation, but also suggests practical steps to improve criminal procedural practice in this area.
Keywords: criminal proceedings, return of a criminal case to the prosecutor, protection of the rights of participants in criminal proceedings, current issues, improvement of legislation.
Article bibliography
1. Constitution of the Russian Federation: adopted by popular vote on December 12, 1993 [as amended] // SZ RF. – 2014. – No. 31. – Art. 4398.
2. Criminal Procedure Code of the Russian Federation of 18.12.2001 No. 174-FZ // SZ RF. – 2001. – No. 52 (Part 1). – Art. 4921.
3. Ruling of the Constitutional Court of the Russian Federation of 25.11.2010 No. 1567-O-O “On the refusal to accept for consideration the complaint of citizen Mikhail Sergeevich Piven regarding the violation of his constitutional rights by paragraph 1 of part one of article 221 of the Criminal Procedure Code of the Russian Federation” // SPS “ConsultantPlus”. – [Electronic resource]. – Access mode: https://clck.ru/3BSTfp (date accessed: 21.06.2024).
4. Definition of the Constitutional Court of the Russian Federation of 27.02.2018 No. 274-O “On refusal to accept for consideration the complaint of citizen Pavel Viktorovich Landysh on the violation of his constitutional rights by Articles 154, 237 and 239.1 of the Criminal Procedure Code of the Russian Federation” // SPS “ConsultantPlus”. – [Electronic resource]. – Access mode: https://clck.ru/3BSTgU (date accessed: 21.06.2024).
5. Resolution of the Plenum of the Supreme Court of the Russian Federation of 22.12.2009 No. 28 “On the application by the courts of the norms of criminal procedural legislation governing the preparation of a criminal case for trial” // Bulletin of the Supreme Court of the Russian Federation. – 2010. – No. 2.
6. Order of the Prosecutor General of Russia dated 30.06.2021 No. 376 “On the participation of prosecutors in the judicial stages of criminal proceedings” // SPS “ConsultantPlus”. – [Electronic resource]. – Access mode: https://clck.ru/3BSTgw (date accessed: 21.06.2024).
7. Review of judicial practice of the Supreme Court of the Russian Federation No. 1 (2022) (approved by the Presidium of the Supreme Court of the Russian Federation on 01.06.2022) // Bulletin of the Supreme Court of the Russian Federation. – 2022. – No. 7.
8. Generalization of the practice of issuing decisions by district (city) courts of the Samara Region to return criminal cases to the prosecutor in accordance with Art. 237 of the Criminal Procedure Code of the Russian Federation for 7 months of 2018 // SPS “ConsultantPlus”. – [Electronic resource]. – Access mode: https://clck.ru/3BSTh9 (date accessed: 21.06.2024).
9. Analysis of the reasons for the issuance of decisions by appellate courts to return criminal cases in accordance with Art. 237 of the Criminal Procedure Code of the Russian Federation, as well as the adoption of rehabilitative decisions for 2018 // Criminal-Judicial Department of the Prosecutor’s Office of the Republic of Crimea, 2019. – 16 p.
10. The state of law and order in the Russian Federation and the work of the prosecutor’s office in 2022 // Information and analyticalnote. – M., 2023.
11. Participation of the prosecutor in the judicial stages of criminal proceedings: monograph / Under the general editorship of A. G. Khaliulin. – M.: Prospect, 2022. – 208 p.
CRIMINAL PROCEEDINGS
PETRAKOV Sergey Viktorovich
Ph.D. in Law, associate professor Head of Investigative activities management sub-faculty (Higher Academic Courses) of the Faculty of Advanced Studies of the St. Petersburg Academy of the Investigative Committee
SMOLYAKOV Anatoliy Antonovich
Ph.D. in Law, professor, professor of General legal disciplines sub-faculty of the Leningrad regional branch of the St. Petersburg University of the MIA of Russia, Honored Lawyer of the Russian Federation
CHASOVNIKOVA Olga Georgievna
Ph.D. in Law, associate professor of Labor law sub-faculty of the Hero of the Russian Federation, Army General E. N. Zinichev St. Petersburg University of the Ministry of Emergency Situations of Russia
FORMATION AND DEVELOPMENT OF JUVENILE JUSTICE IN THE RUSSIAN JUDICIAL SYSTEM
The article emphasizes the importance of considering the issue of the formation and development of the prosecutor’s office in Russia. Particular attention is paid to the stages of formation of a control and supervisory agency in the state structure of the Russian Federation. Taking into account the increasing burden on the law enforcement system, the role of the prosecutor’s office became more noticeable with each transitional historical period. The article outlines the importance of the activities of the prosecutor’s office and their functional responsibilities in full accordance with the Criminal Procedure Code of the Russian Federation.
Keywords: prosecutorial authorities, control and supervisory agency, history of the prosecutor’s office, judicial reform, military prosecutor’s office, prosecutor, control authorities, supervisory functions.
Article bibliography
1. Bayramov F. Reasons for the creation and development of the prosecutor’s office at the initial stage // XI International scientific and practical conference: collection of articles. – Penza, 2023. – P. 124.
2. Kuchinskaya E. V. History of the emergence, formation and development of the Russian prosecutor’s office. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/istoriya-vozniknoveniya-stanovleniya-i-razvitiya-rossiyskoy-prokuratury (date of access: 16.01.2024).
3. Miretina M. A. History of the development of regulation of prosecutorial supervision over the procedural activities of preliminary investigation bodies. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/istoriya-razvitiya-reglamentatsii-prokurorskogo-nadzora-za-protsessualnoy-deyatelnostyu-organov-predvaritelnogo-sledstviya (date of access: 16.01.2024).
4. Giniatullina I. A. Bikkuzina L. G. Salimgareeva A. I. On the issue of the participation of the prosecutor in criminal proceedings // International Journal of Humanities and Natural Sciences. collection of articles. – 2023. –№ 4-1 (79). – P. 156.
5. Gurina O. A. Changes in the activities of the Soviet prosecutor’s office during the Great Patriotic War (1941-1945). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/izmeneniya-v-deyatelnosti-sovetskoy-prokuratury-v-gody-velikoy-otechestvennoy-voyny-1941-1945-gg-1 (date of access: 16.01.2024).
6. Galkin O. V. History of the legal status of the prosecutor as a subject of proof in criminal proceedings (1955-2007). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/istoriya-pravovogo-statusa-prokurora-kak-subekta-dokazyvaniya-v-ugolovnom-protsesse-1955-2007-gg (date of access: 01/17/2024).
CRIMINAL PROCEDURE ESS
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
TO THE ANALYSIS OF MODERN THEORIES OF CRIMINAL BEHAVIOR AND THE CHARACTERISTICS OF THE CRIMINAL’S PERSONALITY
In the article, the author draws attention to the issues of determining the determinants of deviant behavior. The current psychological factors determining crime in the modern world are under investigation. The general characteristics of the main psychological theories of the causes of crime are considered. The author analyzes certain aspects of psychoanalytic theory as a tool for interpreting crime from a psychological point of view. The basic principles and factors of influence on the criminal orientation of a person from the standpoint of the theory of social control are formulated. The essence of behavioral theory as a psychological approach to the study of criminal behavior of people is described.
Keywords: minors determinants of crime, criminogenic factors, criminal psychology, criminal personality, psychological theories of crime.
Article bibliography
1. Decree of the President of the Russian Federation of 18.04.1996 No. 567 (as amended on 14.06.2024) “On the coordination of the activities of law enforcement agencies in the fight against crime.” [Electronic resource]. – Access mode: https://www.consultant.ru/
2. Social and psychological theories of crime. [Electronic resource]. – Access mode: https://cyberleninka.ru/
3. Ivanov V. G. Causality and determinism. Study guide. – Moscow: Jurist. – 2020. – P. 167.
4. Speech by the Prosecutor General of the Russian Federation at an expanded meeting of the Board of the Ministry of Internal Affairs of Russia. [Electronic resource]. – Access mode: https://epp.genproc.gov.ru/web/gprf/mass-media/interviews-and-presentations
5. Brief characteristics of the state of crime in the Russian Federation for January-November 2023. [Electronic resource]. – Access mode: https://мвд.рф/reports/item
6. Kudryavtsev V. N. Causes of crime in Russia: Criminological analysis. Study guide. – Moscow: NORMA, 2019. – P. 112.
7. Decree of the President of the Russian Federation of July 2, 2021 No. 400 “On the national security strategy of the Russian Federation”. [Electronic resource]. – Access mode: https://www.consultant.ru/
8. Psychoanalytic concepts of the causes of crime. [Electronic resource]. – Access mode: https://determiner.ru/
9. Freud’s theory of psychoanalysis: basic provisions. [Electronic resource]. – Access mode: https://edrodpo.com/blog
10. Avdiyskiy V. I., Bukalerova L. A. Criminology and crime prevention. Methodological manual. – M.: Yurait, 2023. – P. 302.
11. Andreeva G. M. Social Psychology. Tutorial. – M.: Aspect Press, 2022. – P. 363.
12. Asil’derova M. M. Social and psychological support of the adaptation period of minors. Tutorial. – M.: Directmedia Publishing, 2023. – P. 213.
13. Sosnovsky B. A. General and social psychology. A teaching aid. – M.: Yurait, 2024. – P. 482.
14. Toropov P. B. Formation of behavior: practical application of behaviorism ideas. A teaching aid. – M.: Prospect, 2019. – P. 230.
15. The behaviorist approach to explaining crime. [Electronic resource]. – Access mode: https://talentsy.ru/blog/biheviorizm-v-psihologii/
16. Solovieva O. V. Behaviorism – prediction of behavior and control over it. A teaching aid. – M.: INFRA-M., 2021. – P. 197.
CRIMINAL PROCEEDINGS
RUBEKO Georgiy Leonidovich
Ph.D. in Law, Head of Criminal law and process sub-faculty of the Kalmyk State University, Elista
BOCHAEVA Vlada Yurjevna
magister student of the 2nd course of the direction 40.04.01 “Jurisprudence” of the master’s program “Criminal Procedure, Judicial branch, Prosecutor’s Office, Advocateship” of the Kalmyk State University, Elista
OLYKAINEN Sanal Alexandrovich
magister student of the 2nd course of the direction 40.04.01 “Jurisprudence” of the master’s program “Criminal Procedure, Judicial branch, Prosecutor’s Office, Advocateship” of the Kalmyk State University, Elista
DANZHEEV Nikolay Vladimirovich
magister student of the 2nd course of the direction 40.04.01 “Jurisprudence” of the master’s program “Criminal Procedure, Judicial branch, Prosecutor’s Office, Advocateship” of the Kalmyk State University, Elista
ON THE ISSUE OF THE LEGAL NATURE OF THE PRINCIPLES OF CRIMINAL PROCEDURE
The article characterizes the features of the legal regulation of the principles of criminal proceedings. In particular, the historical aspects of the consolidation of principles in criminal procedure legislation are characterized. The modern features of the consolidation of principles in the Code of Criminal Procedure of the Russian Federation are characterized. The features of the legal nature of the principles of criminal proceedings are shown. Various definitions of the principles of criminal procedure are highlighted. It is indicated that the purpose of the principles is to combine different norms of a criminal procedural nature into a single system based on a single core.
Keywords: criminal proceedings, principles of criminal proceedings, stages of criminal proceedings.
Article bibliography
1. Ayvazyan S. A. Sub-branch of law as an element of the legal system (using one criterion – the subject of legal regulation) // Agrarian and land law. – 2017. – No. 9 (153).
2. Ilyukhina V. A. Principles of criminal proceedings in the RSFSR: historical and legal analysis of the Soviet criminal procedural legislation // New perspective. – 2019. – No. 4.
3. Kamardina A. A. Independence of judges as a principle of criminal proceedings // Current issues of combating crime. – 2015. – No. 2.
4. Kurepina N. L., Rubeko G. L. Legal forms of combating corruptionat various stages of development of the Russian state: historical analysis // Scientific Thought of the Caucasus. – 2020. – No. 4.
5. Lukyancev A. A., Rubeko G. L. Management of joint-stock companies at the present stage // Jurisprudence. – 2003. – No. 6.
6. Methodological tools for assessing threats to the economic security of a multiethnic region: monograph / Ed. by prof. N. L. Kurepina. – Elista: Publishing house of Kalm. University, 2020.
7. Rubeko G. L. The fight against corruption in Russia: historical aspects // Actual issues of security of the Russian Federation: materials of the regional scientific and practical conference. Regional branch of the All-Russian public organization “Association of Lawyers of Russia” for the Republic of Kalmykia, Office of the Ministry of Justice of Russia for the Republic of Kalmykia. – Elista, 2017.
8. Criminal Procedure Law (Criminal Procedure): Textbook for Universities / Edited by prof. E.K. Kutuev. – SPb.: St. Petersburg University of the Ministry of Internal Affairs of Russia; University Foundation, 2019 – P. 61.
9. Criminal Procedure: textbook. – Chelyabinsk: Publishing Center of SUSU, 2016.
10. Criminal Procedure: textbook for universities / Edited by B.B. Bulatov, A.M. Baranov. – M.: Publishing House Yurait, 2024.
CRIMINAL PROCEDURE
STEPANENKOV Alexander Yurjevich
postgraduate student, scientific specialty 12.00.09 Jurisprudence focus “Criminal procedure” of the Chelyabinsk State University
PROCEDURAL FEATURES AT THE STAGE OF INITIATION OF CRIMINAL CASES IN THE FIELD OF ECONOMIC ACTIVITY
The importance of the stage of initiation of a criminal case in the investigation of crimes in the field of economic activity, consideration of the reasons and grounds for issuing a decision on the initiation of a criminal case. Changing approaches to the initiation of criminal proceedings for crimes in the field of economic activity is the reason for reducing the possibility of restricting law enforcement agencies to influence participants in economic activity. Complication of the process of the stage of initiation of a criminal case in the field of economics; the expansion of procedural guarantees of suspects or accused persons determines the growth of dispositivity at the initial stage of the investigation. Special conditions for creating a favorable climate for the development of entrepreneurial activity should not violate the balance of interests of the individual, society and states, contradict the principle of equality of all before the law, including at the stage of initiation of criminal proceedings.
Keywords: initiation of a criminal case, crimes in the field of economic activity, reason, reason, disposition.
Article bibliographic list
1. Golovko L.V. Course in criminal procedure. – M.: Statut, 2016. – 596 p.
2. Sychev P. G. Dissertation for the degree of Doctor of Law “Differentiation of Russian criminal proceedings in cases of crimes in the sphere of economic and entrepreneurial activity: trends and prospects” . – M., 2021. – 444 p.
3. Tomin V. P. Commentary on the Criminal Procedure Code of the Russian Federation: – 7th ed., revised and supplemented. – M.: Publishing House Yurait, 2014 . – 248 p.
4. Lebedev V. M. Scientific and practical commentary to the Criminal Procedure Code of the Russian Federation: – 9th ed., revised and enlarged. – M.: Yurait Publishing House, 2014. – 371 p.
5. Chabukiani O. A. Dissertation for the degree of Doctor of Law “Theory of Investigative Activity: Concept, Functions, Ways of Improvement”. – St. Petersburg, 2022. – 423 p.
6. [Electronic resource]. – Access mode: https://мвд.рф/
CRIMINAL PROCEEDINGS
KHORSHEVA Valentina Sergeevna
Ph.D. in Law, associate professor, associate professor of Preliminary investigation sub-faculty of the Educational and Scientific Complex on Preliminary Investigation of the DIA of the Volgograd Academy of the MIA of Russia
SHEPELEVA Olga Rinatovna
Ph.D. in Law, associate professor, associate professor of Criminal law and process sub-faculty of the A. S. Pushkin Leningrad State University, St. Peterburg, Pushkin
PROBLEMS OF PROTECTION OF HUMAN AND CIVIL RIGHTS IN CRIMINAL PROCEEDINGS
The study of issues related to the protection of personal rights in criminal proceedings is one of the most important goal and objectives of the existence of jurisprudence. The state should not only recognize, but also guarantee the possibility to exercise the right and legitimate interests of an individual, enshrined at various levels, up to the international law. The article reveals the principles of protection of human and civil rights and freedoms in criminal proceedings. Examples of violations of the rights of participants in criminal proceedings are considered.
Keywords: the principle of criminal proceedings, protection of individual rights, freedom and interests of the individual, guarantees, prosecutorial supervision.
Article bibliography
1. Taova L. Yu. Normative regulation of the principle of protection of human and civil rights and freedoms in criminal proceedings in Russia // Theory and practice of social development. – 2015. – No. 9. – P. 121.
2. Kolosovich O. S. Extradition proceedings and ensuring the rights and legitimate interests of its participants: a comparative legal analysis / / Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2023. – No. 4 (67). – P. 89.
3. Butov V. N. Some aspects of the problem of protecting the rights and freedoms of the individual in criminal procedure legislation // Bulletin of the Ural Institute of Economics, Management and Law. – 2013. – No. 1 (22). – P. 22.
4. Khazov E. N., Khazova V. E. The Council of Europe, the UN, international organizations and their role in the observance, protection and defense of human rights and freedoms in the world community // Criminal-executive system: law, economics, management. – 2016. – No. 1. – P. 3.
CRIMINAL PROCEDURESS
NOVIKOVA Ekaterina Anatoljevna
Ph.D. in Law, professor of Criminal process sub-faculty of the I. D. Putilin Belgorod Law Institute of the MIA of Russia
PSHENICHNYKH Sergey Nikolaevich
researcher of the Department of Organization of Scientific Research Work of the Research Department of the I. D. Putilin Belgorod Law Institute of the MIA of Russia
KRUPENNIKOVA Kristina Konstantinovna
cadet of the Faculty of Interrogator Training of the I. D. Putilin Belgorod Law Institute of the MIA of Russia
TO THE ISSUE OF ENSURING THE PARTICIPANTS RIGHTS IN PRE-TRIAL PROCEEDINGS UNDER CONDITIONS OF USING VIDEO-CONFERENCING
The article is devoted to problematic aspects of ensuring the rights of individual participants in the criminal process by the preliminary investigation authorities when using video conferencing in pre-trial proceedings.
The authors of the study state that legislative changes have delegated to law enforcement officers the authority to carry out certain investigative and procedural actions through video conferencing at the stage of preliminary investigation. At the same time the existing gaps in the regulatory regulation of the procedure for their production certainly contribute to the restriction or violation of the rights of participants in criminal proceedings.
The analysis of judicial and investigative practice and foreign experience in regulating the rights of participants in pre-trial proceedings in the process of remote investigative and procedural actions has allowed the authors to formulate proposals aimed at improving legislation.
Keywords: enforcement of rights, pre-trial proceedings, video – conferencing, investigative and procedural actions.
Article bibliographic list
1. Criminal Procedure Code of the Russian Federation dated December 18, 2001 No. 174-FZ (as amended on May 29, 2024). [Electronic resource]. – Access from the SPS “Consultant Plus”.
2. The Ministry of Justice added Meta to the register of extremist organizations: the news Internet portal “RBC”. [Electronic resource]. – Access mode: https://www.rbc.ru (date accessed: 10.06.2024).
3. Zoom was sued for violating user privacy: news portal “Sharespro”. [Electronic resource]. – Access mode: https://sharespro.ru (date of access: 10.06. 2024).
4. Malysheva O. A. Procedural guarantees of the rights of participants in investigative actions carried out using a video conferencing system // Lex Russica. – 2022. – No. 6. – P. 74-84.
5. Criminal Procedure Code of the Republic of Belarus. [Electronic resource]. – Access mode: https://kodeksy-by.com/ugolovno-protsessualnyj_kodeks_rb/343-1.htm (date of access: 10.06.2024).
6. Criminal Procedure Code of the Republic of Kazakhstan. [Electronic resource]. – Access mode: https://kodeksy-kz.com/ka/ugolovno-protsessualnyj_kodeks/213.htm (date of access: 06/10/2024).
CRIMINAL PROCEDURE
BORMANJIEVA Mariya Alexandrovna
magister student of the 2nd course of the direction 40.04.01 “Jurisprudence” of the master’s program “ Criminal Procedure, Judicial branch, Prosecutor’s Office, Advocateship” of the Kalmyk State University, Elista
AIGUROVA Valeriya Maksimovna
magister student of the 2nd course of the direction 40.04.01 “Jurisprudence” of the master’s program “Criminal Procedure, Judicial branch, Prosecutor’s Office, Advocateship” of the Kalmyk State University, Elista
GASHUNOV Arslang Sanalovich
magister student of the 2nd course of the direction 40.04. 01 “Jurisprudence” of the master’s program “Criminal Procedure, Judicial branch, Prosecutor’s Office, Advocateship” of the Kalmyk State University, Elista
MANJIEV Dmitriy Dmitrievich
magister student of the 2nd course of the direction 40.04.01 “Jurisprudence” of the master’s program “Criminal Procedure, Judicial branch, Prosecutor’s Office, Advocateship” of the Kalmyk State University, Elista
THE COURT AS A PARTICIPANT IN CRIMINAL PROCEEDINGS: HISTORICAL AND LEGAL ASPECTS
The article deals with historical and legal issues related to the legal position of the court as a participant in criminal proceedings. Thus, the features of the legal status of the court after the judicial reform of 1864 are characterized. It is emphasized that it was then that the foundations of the court as an independent body for the consideration of criminal cases were being forged. The features of the legal regulation of the activity of courts in the Soviet era are considered. The contradictions that arose during that period in determining the legal status of the court are shown. The prerequisites that predetermined the peculiarities of legal regulation of the legal position of the court as a participant incriminal proceedings at the present stage are also analyzed.
Keywords: court, criminal proceedings, participants in criminal proceedings.
Article bibliography
1. Antonova L. I. Revolutionary codification of the legislation of the RSFSR (1920-1930s) // Management consulting. – 2008. – No. 4.
2. Biryukova O. V. Popular participation in justice: on the example of the Shefen court and jury trial // Bulletin of the Kemerovo State University. Series: Humanities and social sciences. – 2023. – No. 1.
3. Gataullin A. G., Zainutdinov D. R. The Constitution of the USSR of 1936: the model of “Repressive constitutionalism” // Bulletin of the Kazan Law Institute of the Ministry of Internal Affairs of Russia. – 2019. – No. 2.
4. Efremova N. N. Evolution of domestic justice (judicial reforms of the twentieth – early twenty-first centuries) // Law. Journal of the Higher School of Economics. – 2009. – No. 1.
5. Krakovsky K. P. Judicial reform of 1864: significance and historical and legal assessments // Journal of Russian Law. – 2014. – No. 12 (216).
6. Kurepina N. L., Rubeko G. L. Legal forms of combating corruption at various stages of development of the Russian state: historical analysis // Scientific thought of the Caucasus. – 2020. – No. 4.
7. Lukyancev A. A., Rubeko G. L. Management of joint-stock companies at the present stage // Jurisprudence. – 2003. – No. 6.
8. Methodological tools for assessing threats to the economic security of a multiethnic region: monograph / edited by prof. N. L. Kurepina. – Elista: Publishing house of Kalm. University, 2020.
9. Rubeko G. L. The fight against corruption in Russia: historical aspects // Actual issues of security of the Russian Federation: materials of the regional scientific and practical conference. Regional branch of the All-Russian public organization “Association of Lawyers of Russia” in the Republic of Kalmykia, Department of the Ministry of Justice of Russia in the Republic of Kalmykia. – Elista, 2017.
10. Sukhanberdieva A. N. Judicial reform of 1922 // Bulletin of the Moscow City Pedagogical University. Series: Legal Sciences. – 2013. – No. 1.
11. Sheudzhen N. A., Khokonova M. R. Features of the formation of the Soviet judicial system (late 1917): ideological and political-legal aspects // Society and Law. – 2020. – No. 2.
CRIMINAL PROCEDURE
KAZMIROV Maxim Alexandrovich
senior lecturer of Criminal process law and criminology sub-faculty of the East Siberian branch of the Russian State University of Justice, Irkutsk, judge of the Irkutsk Regional Court, honorably retired
HISTORICAL AND LEGAL ANALYSIS OF CHANGES MADE IN THE PERIOD FROM 2003 TO 2013 TO THE NORMS OF CRIMINAL PROCEDURE LEGISLATION OF THE RUSSIAN FEDERATION REGULATING THE USE OF SPECIAL KNOWLEDGE IN CRIMINAL PROCEEDINGS
This article is the second in a series of articles dedicated to the study of the history of the appearance in the criminal procedural legislation of the Russian Federation of such evidence as the conclusion and testimony of a specialist, the history of the appearance in criminal proceedings of such a procedural participant as a “specialist”.
This article describes the process of transformation of the Code of Criminal Procedure of the Russian Federation in the sphere of the use of special knowledge from the moment of its adoption to changes in legislation made by Federal Law dated 04.03.2013 N 23-FZ, as well as the process of transformation of judicial practice this same area, analyzed and justified the logic of the changes made. At the same time, the article describes and justifies the incompleteness of the legal reforms carried out, as a result of which the reasons for the emergence of a number of practical and theoretical problems associated with the use of special knowledge in the process of criminal proceedings were identified.
Keywords: criminal proceedings, special knowledge, process of proof, expert, expert opinion, expert testimony, specialist, expert opinion, specialist testimony.
Article bibliography
1. Shutemova T. Problems of the prosecutor’s assessment of the expert’s conclusion in criminal cases // Verb of Justice. – 2020. – No. 3. – pp. 25-27.
CRIMINAL PROCEDURE
MAGOMEDOVA Khadizhat Magomedovna
magister student of the 2nd course of the full-time and part-time study of the Institute of Law of the Dagestan State University, Makhachk ala
MIRZABALAEV Mirzabala Nasredinovich
Ph.D. in Law, associate professor of Criminal process and criminalistics sub-faculty of the Dagestan State University, Makhachkala
THEORETICAL AND PRACTICAL PROBLEMS OF THE VICTIM IN CRIMINAL PROCEEDINGS IN RUSSIA AND FOREIGN COUNTRIES (USA AND GERMANY)
The article is devoted to the study of theoretical and practical aspects of theThe role of the victim in criminal proceedings in Russia, the USA and Germany. It examines the rights and obligations of victims, as well as the mechanisms for their support in various legal systems. The main legislative acts and their application in practice are analyzed, existing obstacles to the effective participation of victims in the criminal process are identified. The difficulties faced by victims, such as limited access to legal information and insufficient support, are described. A comparative analysis of legal systems makes it possible to identify their strengths and weaknesses, as well as suggest ways to improve the protection of victims’ rights. The article emphasizes the importance of integrating the rights of victims into a fair and balanced justice system.
Keywords: victim, criminal procedure, victims’ rights, support, legislation, Russia, USA.
Article bibliography
1. Arsenova N. V. Problems of realizing the victim’s right to a representative during pre-trial proceedings // Current problems of combating crimes and other offenses. – 2020. – No. 20-1. – P. 78-80.
2. Vasiliev F. Yu. Problems of realization of rights of victims in criminal proceedings // Bulletin of Udmurt University. Series Economics and Law. – 2022. – Vol. 32. No. 5. – P. 894-899.
3. Kurbatova S. M. On the problems of legal status of the victim in criminal proceedings of the Russian Federation // Problems of restoration of rights of victims of crimes in criminal policy of the Russian Federation: Materials of the All-Russian (national) scientific and practical conference, Krasnoyarsk, October 22-23, 2021. – Krasnoyarsk: Krasnoyarsk State Agrarian University, 2021. – P. 82-84.
4. Semenkova E. V., Voronina N. A. On the Issue of the Problems of Realizing the Rights of the Victim in Resolving a Criminal Case in Court // Criminological Journal. – 2020. – No. 3. – P. 32-33.
5. Timerbulatova D. R., Ishmukhametov Ya. M. Actual Problems of Realizing the Legal Status of the Victim in Criminal Proceedings // E-Scio. – 2020. – No. 10 (49). – pp. 259-268.
CRIMINAL PROCEDURE
ROZIKZODA Farkhod Mirzomakhmad
adjunct of the full-time forms of education of Criminal process sub-faculty of the St. Petersburg University of the MIA of Russia
DISPOSITIVITY IN THE ACTIVITIES OF THE HEAD OF THE INVESTIGATION UNIT OF THE MINISTRY OF INTERNAL AFFAIRS OF THE RUSSIAN FEDERATION, HEAD OF THE INVESTIGATIVE UNIT OF THE MINISTRY OF INTERNAL AFFAIRS OF THE REPUBLIC OF TAJIKISTAN
The article analyzes certain aspects of procedural management, carried out by the head of the Affairs inquiry unit of the Ministry of Internal Affairs of the Russian Federation, the head of the inquiry unit of the Ministry of Internal Affairs of the Republic of Tajikistan, based on the principle of dispositiveness. Designated subjects are guaranteed procedural autonomy and freedom of choice of the vector of behavior within the limits of authority to establish the validity of preparation by inquirers of documents established by law, adoption of procedural decisions and performance of procedurally significant actions, observation of human rights and freedoms in the framework of the implementation of subordinate to these subjects persons (inquirers) of their powers in the course of the inquiry. The analysis revealed contradictions related to the duplication of the powers of the head of the inquiry unit of the Ministry of Internal Affairs of the Russian Federation and the head of the inquiry unit of the Ministry of Internal Affairs of the Republic of Tajikistan, who exercise the functions of procedural leadership, with the powers of the heads of the inquiry body of each of the selected states, who exercise mainly organizational and administrative functions and administrative tasks, but are vested with the unspecified right to exercise procedural powers akin to those assigned to the head of the body inquiry. In order to eliminate the inconsistency of legislative prescriptions, prevent duplication of functions, as well as violation of the principle of dispositiveness, which guarantees the procedural independence of the head of the inquiry unit of the Ministry of Internal Affairs of the Russian Federation and the head of the inquiry unit of the Ministry of Internal Affairs of the Republic of Tajikistan, the necessity to clearly distinguish between administrative organizational and managerial functions and procedural management of the inquiry, separating organizational and procedural powers of the heads of inquiry bodies was justified.
eywords: head of an inquiry unit, head of an inquiry unit, head of an inquiry body, inquiry, procedural leadership, procedural autonomy.
Article bibliographic list
1. Criminal Procedure Code of the Russian Federation dated December 18, 2001 No. 174-FZ (ed. dated 22.04.2024) (as amended and supplemented, entered into force on 15.05.2024) // Collection of Legislation of the Russian Federation. – 24.12.2001. – No. 52 (Part I). – Art. 4921.
2. Criminal Procedure Code of the Republic of Tajikistan of December 3, 2009 (as amended on 03.01.2024). – [Electronic resource]. – Access mode: https://online.zakon.kz/Document/?doc_id=30594304.
3. Order of the Ministry of Internal Affairs of Russia dated 28.06.2016 No. 343 (as amended on 16.06.2023) “Questions of the Department for the Organization of Inquiry of the Ministry of Internal Affairs of the Russian Federation”. – [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_280444/
4. Grishin D. A. On the issue of improving the production of inquiry // Russian investigator. – 2008. – No. 1. – P. 10-11.
5. Guseinov N. A. On the legal regulation of the procedural powers of the head of the inquiry body, the head of the inquiry unit, the inquiry officer // Gaps in Russian legislation. – 2015. – No. 3. – P. 162-165.
6. Kulcharova A. V. The relationship between the procedural and administrative powers of the head of the inquiry unit and the head of the inquiry body // Scientific portal of the Ministry of Internal Affairs of Russia. – 2022. – No. 3 (59). – P. 70-76.
7. Fadeev I. A. Inquiry bodies in the system of the Ministry of Internal Affairs of the Russian Federation // Bulletin of the Academy of Law and Management. – 2021. – No. 2 (63). – pp. 73-77.
CRIMINAL PROCEDURE
STEPANENKOV Alexander Yurjevich
postgraduate student, scientific specialty 12.00.09 Jurisprudence focus “Criminal procedure” of the Chelyabinsk State University
THE HISTORY OF THE FORMATION OF THE CRIMINAL PROCEDURE INSTITUTE OF CRIMINAL PROCEEDINGS OF AN ECONOMIC ORIENTATION IN THE PRE-REVOLUTIONARY STAGE OF THE DEVELOPMENT OF THE CRIMINAL PROCESS
Consideration of the formation of the institution of criminal proceedings in economic cases makes it possible to understand the process of its development, revealing the tools of education and the mechanism of action of the norms of criminal procedure legislation in the investigation of crimes in the field of economics. A comprehensive understanding of the criminal process is possible only with the study of the history of its formation, the analysis of the formation of fundamental aspects, which as a result determines the directions of reforming the institution of criminal proceedings in economic cases. In the process of forming the institution of criminal procedure legislation in the economic sphere, methods of obtaining evidence are fixed, their fixation, the formation of legal proceedings with the complication of judicial proceedings and the issue of court decisions.
Keywords: crimes in the sphere of economic activity, prerequisites for the formation, criminal law norms, the movement of a criminal case, the development of a criminal process, investigative actions and persons involved in them.
Principal bibliographic list
1. Dolgikh F.I. History of state and law of Russia: Textbook – 2nd ed. – M.: Synergy University, 2018. – 312 p. – [Electronic resource]. – Access mode: http://www.iprbookshop.ru/101343.html.
2. Maksin D. A. Historical development of criminal procedure legislation and the emergence of the first criminal procedure acts in Russia // Young scientist. – 2021. – No. 3. – P. 187-191.
3. Naumov S. Yu., Volkov A. S., Yurina V. M., Shapiro L. G. [et al.]. Investigation of crimes in the field of economics: Textbook // S. Yu. Naumova, A. S. Volkova, V. M. Yurina, L. G. Shapiro. – Saratov: Saratov Socio-Economic (branch) Institute of the Plekhanov Russian University of Economics, 2018. – 312 p.
4. Tsetchoev V.K., Rasskazov L.P., Galkin A.G., Kovalev V.V. History of the State and Law of Russia from Antiquity to 1861: Textbook // V.K. Tsetchoeva. – M.: Prometheus, 2019. – 406 p. – [Electronic resource]. – Access mode: http://www.iprbookshop.ru/94429.html.
5. Russiahistory.ru – text: Russkaya Pravda, Sudebnik of 1497, Sudebnik of 1550.
CRIMINAL-EXECUTIVE LAW
MINSAFINA Svetlana Nikolaevna
Ph.D. in Law, associate professor of the Higher Attestation Commission, associate professor of Criminal executive law and organization of the execution of sentences not related to the isolation of convicts from society sub-faculty of the Samara Law Institute of the FPS of Russia
KOBALEVA Viktoriya Andreevna
cadet of the 3rd course of the Samara Law Institute of the FPS of Russia
FUNDAMENTALS OF THE LEGAL STATUS OF SER VING SENTENCES IN EDUCATIONAL COLONIES
The protection of motherhood and childhood, based on the meaning of Part 1 of Article 38 of the Constitution of the Russian Federation, is enshrined as the fundamental constitutional principles of the Russian state. Thus, there is an urgent need to develop a state policy for the protection of the rightsand freedoms of minors in a wide variety of legal relations, including within the framework of penal enforcement relations. As indicated in the scientific literature, “the emergence of a penal enforcement relationship is associated with the need to execute and serve punishments and other measures of a criminal legal nature, and the main attention is paid to the implementation of the procedure and conditions for the execution and serving of punishments and the use of basic means of correction of convicts.”
The most severe punishment imposed on juvenile convicts is imprisonment while serving a sentence in educational colonies. Taking into account the trend towards the humanization of the penitentiary system and the reduction in the number of persons serving sentences in places of deprivation of liberty, it can be argued that the study of general theoretical theses on the place and role of educational colonies and the The study of certain features of the legal status of convicts and the implementation of educational functions by the bodies of the penitentiary system is becoming increasingly relevant.
Keywords: educational colonies, juvenile convicts, criminal-executive system , deprivation of liberty, legal status, execution and serving of punishment.
Article bibliographic list
1. Lavrishcheva O. A. Legal status of minors held in correctional colonies // Agrarian and land right. – 2020. – No. 8. – P. 101-103.
2. Gadelshin R. I. Criminal-executive law: course of lectures. – Novosibirsk: Publishing house of SibAGS, 2015. – P. 143.
CRIMINAL-EXECUTIVE LAW
MIKHEEVA Svetlana Valentinovna
Ph.D . in Law, associate professor, associate professor of Regime and security in the penal system sub-faculty of the Samara Law Institute of the FPS of Russia
THE ROLE OF SEARCHES AND INSPECTIONS IN THE ORGANIZATION OF THE DETENTION REGIME OF SUSPECTS AND ACCUSED
In order to ensure security in penal institutions, identify and prevent penitentiary crime, reduce the escape activity of suspects, accused and shameful persons, such regime measures as search and inspection. Annually in institutions of the penal enforcement system, including pre-trial detention centers, where suspects and accused of committing crimes, as well as convicts, are actively used The problem of the entry of prohibited items and substances into the restricted area remains unresolved. The legislator approved the list of prohibited items and substances in the Internal Regulations of Pre-trial detention facilities. Thus, according to the legislator, the presence of these items violates the regime of detention of suspects, accused and convicted persons in pre-trial detention facilities, which ultimately leads to the failure to achieve the main goal of the penal enforcement policy – the correction of convicts.
Keywords: searches, inspections, suspects, accused, convicted persons, pre-trial detention facilities, detention regime, prohibited items.
Article bibliography
1. Key performance indicators of the penal system January-December 2023: information and analytical review. – Tver, 2024. – 664 p.
2. Key performance indicators of the penal system January-December 2023 g.: information and analytical review. – Tver, 2024. – 507 p.
3. Shindeikina L. A. Theoretical aspects of conducting search operations in institutions executing punishment in the form of imprisonment // Penitentiary system: past, present and future. – Perm, 2014. – pp. 23-26.
CRIMINAL PRINCIPAL LAW
PETAICHUK Anton Andreevich
postgraduate student of the Faculty of Law of the Amur State University, Blagoveshchensk
CONTROL OF PUBLIC AUTHORITIES OVER THE ACTIVITIES OF INSTITUTIONS AND BODIES EXECUTING PUNISHMENTS: THE PENAL ASPECT
In the article, the author analyzes the provisions of penal enforcement and other legislation regulating the control of institutions and bodies executing punishments by public authorities. Special attention is paid to the types of subjects who have been delegated the right to carry out control measures during the execution of criminal penalties. In the course of the research, obvious legal conflicts are revealed, which, in the author’s opinion, hinder the harmonization of the application of penal enforcement legislation. In conclusion, conclusions are formulated that will help scientists and practitioners to take a different look at the problems of legal regulation of federal government control. It was suggested that it would be advisable to consider the issue of adopting a separate normative act in the form of a law, which would consistently consolidate all types of control over the activities of institutions and bodies executing punishments, including the definition of goals, objectives and forms of designated types of control.
Keywords: federal bodies of state power, control, bodies and institutions, penal enforcement system, execution of punishments
Article bibliography
1. Public control over the activities of the penal system: textbook / [S. N. Ushakov et al.]; Federal Penitentiary Service; Vladimir Legal Institute of the Federal Penitentiary Service. – Vladimir: VYu. Inst. of the Federal Penitentiary Service, 2014. – P. 6.
2. Dal V. I. Explanatory Dictionary of the Living Great Russian Language. – Moscow, 1999. – Vol. 2. – P. 153.
3. Dictionary of foreign words included in the Russian language. Materials for the lexical development of borrowed words in Russian literary speech / Comp. edited by A. N. Chudinov. – St. Petersburg, 1894. – P. 416.
4. Ozhegov S. I. Dictionary of the Russian language / Ed. by N. Yu. Shvedova. – Moscow, 1989. – P. 293.
5. Petaychuk A. A. On the issue of providing assistance to public associations in the work of institutions executing punishment in the form of imprisonment // Eurasian Law Journal. – 2022. – No. 7 (170). – P. 270.
6. Nazarov S. N. General theory of supervisory activities. – M.: Kniga-Service, 2007. – P. 140.
7. Zubarev S. M. On some aspects of improving the legal regulation of state control over the activities of institutions and bodies executing criminal punishments // Materials of the All-Russian scientific and practical seminar “Administrative activities of law enforcement agencies of the Russian Federation and foreign countries”. – Ryazan, 2016. – P. 9.
8. Borsuchenko S. Do we need a new Criminal Executive Code? // EZh-Yurist. – 2015. – No. 11. – P. 3.
9. Shakhrai S. M. Constitutional law of the Russian Federation: a textbook for academic bachelor’s and master’s degrees. 4th ed., amended. and add. – M.: Statut, 2017. – P. 255.
10. Judicial review in criminal proceedings / edited by N. A. Kolokolov. 2nd ed. – M., 2009. – P. 731.
11. Nikolyuk V. V. On the relationship between criminal procedure and criminal executive legislation // Journal of Russian Law. – 2023. – No. 10. – P. 99.
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
PAVLOVA Elena Alexandrovna
student of the Faculty of Higher Education of the Siberian Fire and Rescue Academy of the EMERCOM of Russia, Zheleznogorsk
FORENSIC FIRE-TECHNICAL EXPERTISE: METHODS AND TECHNOLOGIES
The article analyzes issues related to the investigation of incidents related to fires, the appointment and conduct of fire-technical expertise. When organizing and planning a fire investigation, an analysis of the place of fire is carried out, studying its consequences and studying the causes of fire. Within the framework of this article, special attention is paid to the consideration of modern technologies that can be used to investigate fires and the causes of their occurrence. In addition, the main tasks of experts, methods of analysis and evaluation of materials used during the examination are highlighted.
Keywords: fire, fire and technical expertise, research methods, scene, object of expertise, UAVs, thermal imaging cameras, scanning systems.
Article bibliography
1. Borodin A. V., Smetankina G. I., Dorokhova O. V. Main tasks of fire and technical expertise in fire cases // Economy and Society. – 2018. – No. 10 (53). – P. 628-631
2. Lepeshkova N. P. Main examinations appointed for fires in apartment buildings // Current research. – 2022. – No. 13 (92). – P. 43-45.
3. Dolgushina L. V., Lagunov A. N., Efremov I. G., Gaponenko M. V. On the Possibilities of Fire-Technical Expertise in the Analysis of Building Materials // Siberian Fire and Rescue Bulletin. – 2017. – No. 2 (5). – P. 9-13.
4. Sevostyanova N. G., Dolgushina L. V. Application of the Method of Fluorescence Spectroscopy and Gas Chromatography in Fire Expertise // Actual Problems of Safety in the Technosphere. – 2023. – No. 3 (11). – P. 83-86. – DOI 10.34987/2712-9233.2023.76.67.015.
CRIMINALISTICS
KABAKOVA Ekaterina Sergeevna
lecturer of Forensic science sub-faculty of the Siberian Fire and Rescue Academy EMERCOM of Russia, Zheleznogorsk
DOLGUSHINA Lyubov Viktorovna
Ph.D. in chemical sciences, associate professor, Head of Forensic science sub-faculty of the Siberian Fire and Rescue Academy EMERCOM of Russia, Zheleznogorsk
PROBLEMS THAT ARISE WHEN FIXING AND REMOVING TRACES AT THE EXPLOSION SITE
Fixing and removing traces at the explosion site is one of the key stages of forensic research and allows you to obtain important evidence for solving crimes. However, this process involves a number of difficulties and problems that can affect the quality and reliability of the collected traces. This article analyzes the problems that arise when fixing and removing traces from the explosion site, and also suggests possible ways to solve them.
Keywords: explosives, explosive devices, explosion, micro-objects, traces, explosion site, specialist, explosive expertise.
Article bibliography
1. Dil’din Yu. M., Martynov V. V., Semenov A. Yu., Shmyrev A. A. Fundamentals of forensic examination of improvised explosive devices. – M., 1991
2. Kabakova E. S., Litvinova R. V. Investigation of crimes committed with the use of explosive devices and explosive substances // Eurasian Law Journal. – 2024. – No. 2 (189). – P. 371-372.
3. Dolgushina L. V. Forensic features of initial investigative actions related to the inspection of the explosion site // Eurasian Law Journal. – 2024. – No. 1 (188). – P. 398-399.
4. Sabanov A. Yu. Participation of an explosive expert in the production of urgent investigative actions: organizational, legal and tactical foundations // Actual problems of law and state in the 21st century. – 2016. – Vol. 8. No. 4. – P. 184-189.
5. Dvorkina A. I. Inspection of the scene. – M.: Jurist, 2010. – 339 p.
6. Shumaev D. G. Algorithm for the seizure of trace evidence of an explosion // Jurist-Pravoved. – 2019. – No. 2 (89). – P. 237-241.
7. Kabakova E. S., Dolgushina L. V. Detection of traces of an explosion at the scene // Eurasian Law Journal. – 2024. – No. 1 (188). – pp. 383-384.
CRIMINALISTICS
KLINCHUK Svetlana Vasiljevna
senior lecturer of Criminal process and criminology sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, lieutenant colonel of police >GUMENCHUK Oksana Olegovna
lecturer of Criminology sub-faculty of the Voronezh Institute of the MIA of Russia, major of police
ON THE ISSUE OF PLANNING THE INVESTIGATION OF CRIMES COMMITTED BY CRIMINAL FORMATIONS
The peculiarities inherent in the investigation of crimes on the grounds of the corpus delicti provided for in Article 210 of the Criminal Code of the Russian Federation necessitates the person conducting the investigation to carry out thorough preparation for production, determine the procedure for making procedural decisions and conducting individual investigative actions, which is impossible without planning. The authors offer an approximate content of the plan of investigation in criminal cases of this category, indicating the main sections and characteristic features.
Keywords: investigation planning, organized criminal activity, organized criminal activity, organized criminal group, optimization of work, interaction, coordination of work.
Article bibliographic list
1. Kiselev E. A., Kazachek E. Yu. On the issue of investigation planning as a way to optimize the work of investigative officers // Power and Administration in the East of Russia. – 2017. – No. 2. – P. 155.
2. Zelensky V. D. [et al.]. Forensic methods of investigating individual types and groups of crimes: textbook. Manual. – Krasnodar: KubSAU, 2013. – P. 14.
3. Izmailova M. S. Features of planning the investigation of crimes committed by organized communities // Tolyatti, Tolyatti State University, Russian Federation. – 2021. – No. 31/3. – P. 19-23.
4. Dolzhenko N. I., Zhukova N. A., Yaroshchuk I. A. Investigation planning: textbook. – Belgorod: Publishing House “BelGU” National Research University “BelGU”, 2021. – 78 p.
CRIMINALISTICS
MINYASHEVA Gulnara Ibragimovna
Ph.D. in Law, associate professor of Operational investigative activities of the internal affairs bodies sub-faculty of the Ufa Law Institute of the MIA of Russia
PROBLEMS OF IDENTIFYING AND DISCLOSING COUNTERFEITING USING INFORMATION AND COMMUNICATION TECHNOLOGIES
The danger of counterfeiting is mainly due to the undermining of the stability of the state currency. Currently, law enforcement agencies are countering criminals who use modern technologies that ensure the mass production of counterfeit money and the secrecy of their sales. New ways of distributing counterfeit banknotes using modern information and communication technologies increase the public danger of this type of crime and complicate their detection. The difficulty in uncovering counterfeiting committed using information and communication technologies is that the employees of the operational units do not have sufficient experience, knowledge, skills and abilities necessary to identify and solve such crimes.
Keywords: counterfeiting, economic security, information and communication technologies, internet resources, cryptocurrency.
Article bibliography
1. The fight against counterfeiting in modern conditions. – Text: electronic. [Electronic resource]. – Access mode: https://cyberleninka.ru (date of access: 10.02.2024).
2. Pozdyshev R. S. Features of the production of investigative actions in the investigation of the sale of counterfeit banknotes through Internet resources // Legal science and practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2022. – No. 3 (59). – pp. 114-118.
CRIMINALISTICS
OMAROV Ezer Alievich
magister student of the 1st year of correspondence education of the Institute of Law of the Dagestan State University, Makhachkala
DATSIEVA Khadizhat
Ph.D. in Law, associate professor of the Institute of Law of the Dagestan State University, Makhachkala
CRIMINAL PROSECUTION IN THE CRIMINAL PROCEEDINGS OF FOREIGN COUNTRIES
Operational investigative activity (ORD) occupies a central place in the system of law enforcement and security in the Russian Federation. The article provides a comprehensive analysis of the legal foundations and organizational aspects of the ORD, which includes consideration of Federal Law No. 144-FZ dated August 12, 1995 “On Operational Investigative Activities in the Russian Federation”, regulating this activity. The methods and means of operational investigative measures are described in detail, such as surveillance, survey, collection of samples for comparative research, verification purchase, control and prompt delivery, operational implementation, wiretapping and mail control. The role of operational units in the process of investigating crimes, their interaction with investigative authorities, as well as the importance of operational support of criminal cases is considered.
Keywords: operational investigative activities, law and order, security, crimes, rights and freedoms, international cooperation, transnational crime.
Article bibliography
1. Davydova S. A., Myasnikov A. P. Operational-search activity and the transformation of its results into criminal proceedings // Jurist-Pravoved. – 2022. – No. 2 (101). – P. 51-55.
2. Ivanov P. I. On forensic support of operational-search activities in the investigation of crimes // Criminal procedure and forensic science: theory, practice, didactics: Collection of materials of the VII All-Russian scientific and practical conference, Ryazan, December 16, 2021. – Ryazan: Academy of Law and Management of the Federal Penitentiary Service, 2022. – P. 142-148.
3. Lonshchakova A. R., Lonshchakova P. A. The role of units carrying out operational-search activities in solving and preventing violent crimes // State and law: problems and prospects for improvement: collection of scientific papers of the 5th International Scientific Conference, Kursk, September 30, 2022. – Kursk: South-West State University, 2022. – P. 139-145.
4. Pal’tseva Yu. V. The role of the results of operational-search activities in criminal proceedings // Actual issues of modern science and education: collection of articles of the XI International scientific and practical conference: in 2 parts, Penza, June 20, 2021. Volume Part 1. – Penza: Limited Liability Company “Science and Education”, 2021. – P. 184-187.
5. Khudoerbekov D. Kh. The role of operational-search activities (OE) in criminal procedural proof and its problematic aspects // Legal Bulletin. – 2021. – No. 2 (6). – pp. 101-109.
CRIMINALISTICS
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
YASHINSKIY Yuriy Ivanovich
senior lecturer of Protection of the population and territories sub-faculty of the Hero of the Russian Federation Army General E. N. Zinichev St. Petersburg University of the EMERCOM of Russia
ON THE ISSUE OF IMPROVING THE EFFECTIVENESS OF INVESTIGATION AND DISCLOSURE OF FOR-EST FIRES
The article considers some issues on the disclosure of forest fires through the prism of combining scientifically based traditional provisions of criminology with emerging new concepts determined by the advent of technologies related to artificial intelligence. The main atten-tion is paid to the problems of identifying the causes of forest fires, establishing the foci of their occurrence. Based onthe results of the study, some proposals have been formulated on possible vectors for improving forest fire detection techniques.
Keywords: forest fire, crime, disclosure, investigation of crimes, causes of fire, source of fire.
Article bibliography
1. The results of the 2023 fire season are considered. – [Electronic resource]. – Access mode: https://mchs.gov.ru/deyatelnost/press-centr/vse-novosti/5241927. (date of access: 15.06.2024).
2. Unzhakova S. V., Zabavko R. A. Features of the qualification of the destruction or damage to forest plantations (Article 261 of the Criminal Code of the Russian Federation) // Bulletin of the East Siberian Institute of the Ministry of Internal Affairs of Russia. – 2022. – No. 1 (100). – P. 140-151.
3. Kazantsev S. Ya., Skripko G. A. Features of the investigation of forest fires and the problems arising in this regard // Bulletin of the Kazan Law Institute of the Ministry of Internal Affairs of Russia. – 2023. – Vol. 14. No. 3 (53). – P. 104-111.
4. Polyanskaya M. A. Establishing forensic aspects of time in the investigation of crimes related to the destruction or damage of forest and other plantings by arson // Modernity in the work of a novice researcher. – Irkutsk: East Siberian Institute of the Ministry of Internal Affairs of the Russian Federation, 2023. – P. 156-160.
5. Anoykin R.K. Features of the development of a forest fire detection system using unmanned aerial vehicles and image processing // Socio-economic aspects of making management decisions. – Moscow: Academy of the State Fire Service of the Ministry of Emergency Situations of Russia, 2022. – P. 53-56.
6. Vycherova N.R., Budevich E.A., Belyaev A.E. Development of a system for early detection of forest fires using unmanned aerial vehicles and artificial intelligence // Resources and Technology. – 2022. – Vol. 19. No. 4.
7. Ovsyannikov, V.V. Some problematic aspects of establishing the location of a fire in cases of destruction or damage to forest plantations // Collection of materials of forensic readings. – 2021. – No. 18. – P. 49-51.
CRIMINALISTICS
SYSENKO Alfiya Radikovna
Ph.D. in Law, associate professor of Criminology sub-faculty of the Omsk Academy of the MIA of Russia
MODERN TRENDS IN THE USE OF VIDEO RECORDINGS USED IN CRIME INVESTIGATIONS
Video recording has wide prospects for its application, used in the investigation of crimes. This is not only visibility and efficiency, but also its dynamic autonomous recording of the situation, which allows you not to be distracted by documentation, but to concentrate maximum efforts on the goals of the investigative action. The article discusses the main directions of using video recording capabilities in the investigation of crimes as a means of recording significant information. The technical capabilities of video recording tools, viewing visual information and storing it are not only easy to use, but also allow them to be used without serious training, without professional knowledge, skills and abilities. The situation is different with the legal and tactical aspects of using video recordings. The author notes the importance of using the assistance of qualified specialists in the use of video recordings in the investigation of crimes.
Keywords: forensic video recording, techniques, technical means, types of filming, crime investigation.
Article bibliographic list
1. In Belogorsk, the video surveillance system of the APK “Safe City” helps solve crimes. – [Electronic resource]. – Access mode: https://belogorsk.bezformata.com/listnews/belogorske-sistema-videonablyudeniya-apk/112285999/ (date accessed: 04.06.2024).
2. Eremchenko V. I. Spherical video recording as a promising direction in the development of forensic video recording // Society and Law. – 2020. – No. 3 (73). – P. 59.
3. Kandaurov S. I. Procedural procedure for attaching video surveillance recordings to criminal case materials // Problems of Economics and Legal Practice. – 2006. – No. 3-4. – P. 95.
4. Kuznetsov S. E. The concept of video recording at the current stage of forensic science development // Investigation of crimes: problems and ways to solve them. – 2018. – No. 3 (21). – P. 172.
5. Nizametdinov R. A. Hardware and software complex “Safe City” as an integral innovative segment for improving public safety by territorial bodies of the Ministry of Internal Affairs of Russia in the constituent entities of the Russian Federation // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2023. – No. 4. – P. 159.
6. Paramonova G. V. Use of methods of natural and humanitarian sciences in portrait examination // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2018. – No. 4. – P. 79.
7. Verdict of the Yaroslavl Regional Court dated 02/20/2023 in case No. 2-5/2023. – [Electronic resource]. – Access mode: https://sudact.ru/regular/doc/BQjYyPsiWUV1/?page=11®ular-court=®ular-date_from=®ular-case_doc=®ular-lawchunkinfo=®ular-workflow_stage=®ular-date_to=®ular-area=®ular-txt= %D0%B2%D0%B8%D0%B4%D0%B5%D0%BE%D0%B7%D0%B0%D0%BF%D0%B8%D1%81%D1%8C&_=1701417940011®ular -judge=&snippet_pos=17264#snippet (date of access: 06/04/2024).
CRIMINALISTICS
SHAROVA Irina Sergeevna
lecturer of Criminal law disciplines and criminology sub-faculty of the Lugansk branch of the Voronezh Institute of the MIA of Russia
FORENSIC SUPPORT OF CRIME INVESTIGATIONS: CONCEPT, TASKS, STRUCTURAL ELEMENTS
Crime is a socially dangerous phenomenon, which is intensified by social, political and economic tension at the present stage of development of society. In this connection, it is no coincidence that issues of reforming and restructuring the activities of the law enforcement system, its investigative, operational search and forensic units are being raised at the state level.
Forensic science, as a science, aims to solve problems of primary importance in the investigation of crimes, one of which is complete and qualified forensic support for the process of solving and investigating crimes based on the full use of modern achievements of science and technology. This helps to improve the quality of detection and investigation of crimes.
Keywords: forensic support, crime investigation, physical evidence, pre-trial proceedings, criminal case, forensic tools, forensic education.
Article bibliographic list.
1. Gross G. Guide for investigators as a system of forensic science: Trans. syst. – New edition, reprinted from ed. 1908 – M.: Lex Est, 2002. – 1046 p.
2. Krylov I. F. Forensic Science. Ed. by prof. I. F. Krylov. – Leningrad. 1976. – 592 p.
3. Belkin R. S. Forensic Science. Textbook for Universities. Edited by Honored Scientist of the Russian Federation. Professor R. S. Belkin. – Moscow, 1999.
4. Federal Law of May 31, 2001 . No. 73-FZ “On state forensic activity in the Russian Federation” (as amended and supplemented). – [Electronic resource]. – Access mode: https://base.garant.ru/12123142/?ysclid=lx1qyz4hzm611591521 (date of access: 15.05.2024).
5. Order of the Ministry of Internal Affairs of Russia dated January 11, 2009 No. 7 “On approval of the Instructions on organization of expert-criminalistic activity in the system of the Ministry of Internal Affairs of Russia” (as amended and supplemented). – [Electronic resource]. – Access mode: https://base.garant.ru/72341002/?ysclid=lx1ub89ruy557959658 (date of access: 25.05. .2024).
6. Ishchenko A. V., Irusalimov I. O., Udovenko Zh. V. Theory and practice of forensic support of the process of evidence in the investigation of crimes. – K.: Center for Educational Literature, 2007. – 160 p.
7. Filippov A. G., Yablokov N. P. High-quality textbooks are the basis for a high level of legal education// Russian investigator. – 1999. – No. 5.
8. Lopatin V. V., Lopatina L. E. Russian explanatory dictionary. – M.: Eksmo Publishing House, 2004. – 928 p.
9. Dahl V. Explanatory dictionary of the living Great Russian language. T . 4. – M., 1980. – 555 p.
10. Criminal Procedure Code of the Russian Federation for 2024. With all amendments, bills and court decisions. – M.: AST Publishing House, 2023. – 320 p.
11. Forensic technology for crime investigation: scientific and practical manual / Ed. M. V. Zhizhina. – M.: Prospekt, 2021. – 264 pp.
CRIMINALISTICS
ANSOKOVA Renata Olegovna
postgraduate student of Criminology sub-faculty of the M. V. Lomonosov Moscow State University
FEATURES OF THE SUBJECT AND METHOD OF COMMITTING ENVIRONMENTAL CRIMES AS THE BASIS FOR THE USE OF SPECIAL KNOWLEDGE IN THEIR INVESTIGATION
The publication substantiates the need for further research on the problem of environmental crimes and the study of psychological, sociological and other aspects of the personality of the person who committed an environmental crime, as well as the importance of using special knowledge, namely, the involvement of an expert and specialist in the investigation of environmental crimes in order to effectively investigate environmental crimes.
Keywords: personality, subject, special subject, environmental crime, element of forensic characteristics, special knowledge.
Article bibliography
1. Wolf M. J., Emerson J. W., Esty D. C., de Sherbinin A., Wendling Z. A., et al. (2022). 2022 Environmental Performance Index. New Haven, CT: Yale Center for Environmental Law & Policy. // URL : About the EPI | Environmental Performance Index (yale.edu) (date of access: 23.11.2023).
2. Petrukhina O. A., Shurukhnov N. G. Data on the personality traits of subjects of illegal activity, motives, correlations for establishing the circumstances of the commission of environmental crimes // Siberian criminal procedural and forensic readings. – 2017. – No. 4 (18). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/dannye-o-svoystvah-lichnosti-subektov-protivopravnoy-deyatelnosti-motivah-korrelyatsiyah-dlya-ustanovleniya-obstoyatelstv (date of access: 12/13/2023).
3. Dolgova A. I. Selected works. – M .: Znak, 2017. – P. 224.
4. Petrukhina O. A. Characteristics of individual personality traits of subjects committing environmental crimes // Man: crime and punishment. – 2013. – No. 1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/harakteristika-otdelnyh-svoystv-lichnosti-subektov-sovershayuschih-ekologicheskie-prestupleniya (date of access: 02/20/2024).
5. Petrukhina O. A., Shuruhnov N. G. Op. cit. – P. 131.
6. Zhevlakov E. N. Criminal environmental law of Russia: monograph. – M .: Prospect, 2023. – P. 356.
7. Vinokurov A. Yu. Environmental activities of law enforcement agencies of the Russian Federation. – M., 2006. – P. 169.
8. Savichenko I. A. The personality of the criminal as one of the elements of the forensic characteristics of environmental crimes // Siberian Law Bulletin. – 2005. – No. 4. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/lichnost-prestupnika-kak-odin-iz-elementov-kriminalisticheskoy-harakteristiki-ekologicheskih-prestupleniy-1 (date of access: 02/20/2024).
9. Tarayko V. I. Analysis of the personality of an environmental criminal // Bulletin of the Northern (Arctic) Federal University. Series: Humanities and Social Sciences. – 2013. – No. 3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/analiz-lichnosti-ekologicheskogo-prestupnika (date of access: 20.02.2024).
10. Kuzovkin A.S. Methodology for investigating environmental crimes committed during hydrocarbon production: dissertation of a candidate of legal sciences: 12.00.09. – Surgut, 2008. – P. 288.
CRIMINALISTICS
KABAKOVA Ekaterina Sergeevna
lecturer of Forensic science sub-faculty of the Siberian Fire and Rescue Academy EMERCOM of Russia, Zheleznogorsk
LITVINOV Roman Viktorovich
lecturer of Forensic science sub-faculty of the Siberian Fire and Rescue Academy EMERCOM of Russia, Zheleznogorsk
LEGAL LIABILITY OF OFFICIALS FOR EXPLOSIONS IN MINES
Explosions in mines represent one of the most dangerous and destructive disasters occurring in various industries. In such situations, questions often arise about the legal responsibility of officials whose decisions and actions (inaction) could lead to an explosion and the failure to take measures to eliminate its consequences. This article analyzes this issue, identifies the main aspects of legal liability and discusses possible ways to strengthen liability in these cases.
Keywords: explosions in mines, liquidation of explosion consequences, officials, legal entities, fire safety, consequences, legal liability, criminal liability.
Article bibliography
1. Statistics of dust explosions. [Electronic resource]. – Access mode: https://fumigaciya.ru/zernovaya-pyl-statistika-pylevykh-vzryvov (date of access: 10.04.24).
2. Romanova V. V. Correlation of legal liability of the state with other types of legal liability // Legal science and law enforcement practice. – 2017. – No. 3 (41). – P. 19-23.
3. The Code of the Russian Federation on Administrative Offenses of December 30, 2001 No. 195-FZ (as amended on March 11, 2024) (as amended and supplemented, entered into force on April 1, 2024).
4. The Criminal Code of the Russian Federation of June 13, 1996 No. 63-FZ (as amended and supplemented, entered into force on April 6, 2024).
5. Skritsky V. A., Efentiev G. A., Nikolaev Yu. I. Causes of methane explosions occurring in high-productivity coal mines of Kuzbass // Actual problems of fire safety: materials of the XXVIII international scientific and practical conference: in 2 parts, Noginsk, May 19-20 2016. Volume Part 1. – Noginsk: All-Russian Order of the Badge of Honor Research Institute of Fire Defense of the Ministry of the Russian Federation for Civil Defense, Emergencies and Elimination of Consequences of Natural Disasters, 2016. – P. 342-354.
6. Judicial statistics, criminal proceedings. Data on the punishment imposed under the articles of the Criminal Code of the Russian Federation. [Electronic resource]. – Access mode: https://sudstat.ru/stats/ug/t/14/s/17 (date of access: 10.04.24).
CRIMINALISTICS
LONSHCHAKOVA Angella Rashitovna
Ph.D. in Law, associate professor of the Academy of Management of the MIA of Russia
LONSHCHAKOV Alexander Alexandrovich
student of the Ufa State Petroleum Technical University
CONCEPTUAL ASPECTS OF THE INTEGRATION OF CERTAIN PROVISIONS OF PRIVATE THEORIES OF OPERATIONAL INVESTIGATIVE ACTIVITIES FOR THE PURPOSE OF FORMING CRIMINALISTIC SUPPORT FOR CRIME PREVENTION
The article attempts to outline certain aspects of the integration of private theories of operational investigative activities for the purpose of forming a theoretical basis for criminalistic crime prevention. Special attention is paid to particular theories of operational investigative activities. The author expresses an idea related to understanding the importance of the theory of operational investigative activities in the formation of criminalistic crime prevention. The successful integration of the theories of operational investigative activity depends on a scientific and theoretical understanding of the main problems, contradictions, gaps lying in the plane of interdisciplinary synchronization and integration, individual embedded (integrated) elements, taking into account the ongoing global challenges. The author has studied the prerequisites for the development of a modern model of criminalistic crime prevention, corresponding to the realities of today.
Keywords: forensic support, crime prevention, private theories of operational investigative activities, integration of achievements of theories of operational investigative activities, identification and implementation of operational investigative information for the purpose of crime prevention.
Article bibliography
1. Buryakov E. V. Operational-search doctrine of search: monograph. – Omsk: Omsk Academy of the Ministry of Internal Affairs of Russia, 2011. – 192 p.
2. Vvedensky A. Yu. Organization of operational-search activities of internal affairs agencies to ensure economic growth in the Russian Federation: monograph / Ed. . Doctor of Law, Professor V. N. Grigorieva. – M.: Yurlitinform, 2021. – 344 p.
3. Ivanov P. I. Private theory of the organization of operational-search activities in the system of general theory (in the order of problem statement) // Bulletin of the Vladimir Law Institute. – 2021. – No. 3 (60). – P. 44-51.
4. Ivanov P. I. Operational-search science on the private theory of the organization of operational-search activities // Works of the Academy of Management of the Ministry of Internal Affairs of Russia. – 2022. – No. 1 ( 16). – P. 8-16.
5. Lonshakova A. R., Lonshakov A. A. Computer program “AUTOPROTOCOL”. Certificate of registration of computer program No. 2024614431 dated 02/26/2024.
6. Ovchinsky S. S. Operational-search information / Edited by Ovchinsky A. S., Ovchinsky V. S. – M .: INFRA-M, 2000. – 367 p.
7. Parfenov A. V. Use of psychological information in search and identification activities // Proceedings of the Academy of Management of the Ministry of Internal Affairs of Russia. – 2021. – No. 2 (58). – P. 132-139.
8. Parfenov A. V. Epistemological nature of search and identification activities // All-Russian Criminological Journal. – 2019. – V. 13. No. 2. – P. 243-251.
9. Pozdnyakov A. N. Operational-search activities of internal affairs bodies in combating ethnic crime: issues of theory and practice: diss. … doc. . jurid. sciences. – M., 2021. – 396 p.
10. Pozdnyakov A. N. On the private theory of operational-search activities to combat crimes committed using information and communication technologies // Proceedings of the Academy of Management of the Ministry of Internal Affairs Russia. – 2022. – No. 3 (63). – P. 119-125.
11. Theory of operational-search activities: textbook. 3rd ed., revised and enlarged / Ed. K. K. Goryainova, V.S. Ovchinsky, G.K. Sinilova. – M.: INFRA-M, 2014.
12. Chufarovsky Yu.V. Psychology of operational-search and investigative activities: monograph. – M.: TK Telbi, 2003. – 208 p. .
13. Shakhmatov A. V. Intelligence work in operational-search activities: Theoretical and legal study of the Russian experience: diss. … Doctor of Law. – St. Petersburg, 2005. – 438 p.
14. Yakovets E. N. Fundamentals of information and analytical support for operational-search activities: a tutorial. – M., 2009. – 463 p.
15. Yakovets E. N. Operational-search identification: author’s abstract. dis. … candidate of legal sciences – M., 2002. – 21 p. @@ Organization of information and analytical support for operational-search activities of internal affairs agencies: a textbook / V. V. Denisov et al. – M.: Academy of Management of the Ministry of Internal Affairs Russia, 2017. – 256 p.
16. Yakovets E. N. Problems of analytical work in operational-search activities of internal affairs bodies: monograph. – M.: publ. House of Shumilova I.I., 2005. – 218 p.
CRIMINALISTICS
UMAVOV Bashir Ibrahimovich
magister student of the 1st course of the correspondence course of the Institute of Law of the Dagestan State University, Makhachkala
RAMAZANOV Tazhutdin Burganovich
Ph. D. in Law, professor, Head of Criminal process and criminology sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
FORENSIC BALLISTICS AND ITS ROLE IN PROVING CRIMINAL CASES IN THE RUSSIAN FEDERATION
This scientific article examines the role of forensic ballistics in the process of proving criminal cases in the Russian Federation. Forensic ballistics is an important part of criminology dealing with the study of firearms, ammunition, traces of their use, as well as the conditions and circumstances of the shooting. The main purpose of forensic ballistics is to establish facts relevant to a criminal case and provide evidence that will help the investigation and the court to establish the truth. The article describes in detail the methods of identifying firearms, including determining the type, model, caliber of the weapon, as well as establishing a specific instance used in the commission of a crime. The methods of comparative investigation of traces on bullets and shell casings left by the barrel and other parts of the weapon are considered.
Keywords: operational investigative activities, law and order, security, crimes, rights and freedoms, international cooperation, transnational crime.
Article bibliography
1. Andrushchenko A. L. The role, significance and problems of forensic ballistics in solving criminal offenses // Law and order: history, theory , practice. – 2020. – No. 4 (27). – P. 57-60.
2. Zubko Yu. V. General characteristics of the conduct of forensic ballistic examination under the legislation of the Republic of Belarus // Legal science and practice in the 21st century : Proceedings of the II international scientific and practical conference of students, Omsk, December 11, 2020. – Omsk: Private educational institution of higher education “Siberian Law University”, 2021. – P. 323-327.
3. Samarin V. V. On the issue of the features of forensic ballistics in the system of forensic knowledge // Innovative development: the potential of science and modern education: collection of articles from the V International scientific and practical conference: in 2 parts, Penza, December 23, 2019. Volume Part 2. – Penza: “Science and Education” (IP Gulyaev G. Yu.), 2019. – With . 142-145.
4. Stepanenkov N. V., Makarov I. Yu. Features of objects of forensic and wound ballistics // Current issues of forensic medicine and law: a collection of scientific and practical articles dedicated to the 70th anniversary of the organization of the Republican Bureau of Forensic Medicine -medical examination of the Ministry of Health of the Republic of Tatarstan. Volume Issue 11. – Kazan: State Autonomous Institution of Healthcare “Republican Bureau of Forensic Medical Examination of the Ministry of Health of the Republic of Tatarstan”, 2020. – P. 260-263.
5. Khurazov A. G., Yusupkadieva S. N. K on the issue of the essence, subject and objects of forensic ballistic examination // Eurasian Law Journal. – 2020. – No. 6 (145). – P. 363-365.
CRIMINOLOGY
ABDERYAKHIMOVA Gulnur Byashirovna
senior lecturer of Criminal law disciplines sub-faculty of the Samara Law Institute of the FPS of Russia
USMANOVA Kamila Insafovna
3rd year student of the Faculty of Law of the Samara Law Institute of the FPS of Russia
CRIMINOLOGICAL PORTRAIT OF THE CRIMINAL-TERRORIST PERSONALITY
The article examines the criminological portrait of the personality of the criminal terrorist, the typology of this category of persons is studied. The authors note that without studying the criminological portrait of a terrorist, it is impossible to develop effective proposals for combating terrorism. It is not entirely advisable to conduct research on any abstract or potential terrorist, therefore, it seems most effective to work with identified persons involved in terrorist activities, for example, with the direct perpetrators of terrorist acts who are already serving their sentences.
Keywords: terrorism, terrorist act, identity of a terrorist criminal, criminological portrait, types of terrorist criminals.
Article bibliography
1. Brief characteristics of the state of crime in the Russian Federation for January-May 2024 // Ministry of Internal Affairs of the Russian Federation. Main. Additional pages. State of crime: official website. [Electronic resource]. – Access mode: https://мвд.рф/reports?ysclid=lybshstnne176989364 (date of access: 07.07.2024).
2. Psychology and psychopathology of terrorism. Humanitarian strategies of anti-terrorism: monograph / Ed. M. M. Reshetnikov. – M.: Yurait, 2024. – 257 p.
3. Maryin M. I., Kasperovich Yu. G. Psychological support of anti-terrorist activities: a teaching aid for university students studying in the direction and specialties of psychology. – M.: Academy, 2007. – 202 p.
4. Antonyan Yu. M., Eminov V. E. Portraits of criminals: criminological and psychological analysis: monograph. – M.: NORMA-INFRA-M, 2014. – 238 p.
CRIMINOLOGY
KELAREV Arkadiy Vyacheslavovich
assistant of the Higher School of Jurisprudence and Forensic Technical Expertise the Humanitarian Institute of Peter the Great St. Petersburg University; Full member of the Yu. G. Korukhov Chamber of Judicial Experts (SUDEX)
KELAREVA Alena Arkadjevna
Full member of the Yu. G. Korukhov Chamber of Judicial Experts (SUDEX)
DIGITALIZATION OF RESEARCH IN THE FIELD OF AUTOMOTIVE EXPERTISE
Planning the investigation of crimes of road accidents, from the standpoint of the principle of its scientific nature in terms of determining the tasks facing the investigator and ways to achieve them should be based on the fullest possible use of all the achievements of scientific knowledge, and first of all the theory of forensic evidence and criminology. The investigator must constantly monitor the latest achievements in the field of forensic technology, determine tactics and apply methods of investigation of such complex technical types as the investigation of road crimes.
Keywords: investigation of crimes, traffic accident, road tests, specialized programs and devices, forensic examination, computer modeling, speeds and trajectories of movement.
Article bibliography
1. Criminal Procedure Code of the Russian Federation of 18.12.2001 No. 174-FZ (as amended on 28.04.2023) // SPS “ConsultantPlus”.
2. GOST 33997-2016. Interstate standard. Wheeled vehicles. Safety requirements for operation and testing methods (put into effect by Order of Rosstandart dated 18.07.2017 No. 708-st) // SPS “ConsultantPlus”.
3. Scientific and production company “META”. Device EFFECT-02. [Electronic resource]. – Access mode: http://www.meta-moscow.ru/ru/store/diagnosticheskoe-oborudovanie/effekt-02.html (date of access: 30.04.2024).
4. Severodvinsk City Court of Arkhangelsk Region. Criminal case No. 1-20/2020. [Electronic resource]. – Access mode: https://seversud–arh.sudrf.ru/modules.php?name=sud_delo&srv_num=1&name_op=case&case_id=170896439&case_uid=bd01e14b-e749-4fd4-bc9f-fd61b3e769b4&delo_id=1540006 (date of access: 30.04.2024).
5. Third Cassation Court of General Jurisdiction. Criminal Case No. 7U-5258/2021. [Electronic resource]. – Access mode: https://3kas.sudrf.ru/modules.php?name=sud_delo&srv_num=1&name_op=case&case_id=12592034&case_uid=c31f7ade-4378-4ae5-8553-496e8efa0562&new=2450001&delo_id=2450001 (date of access: 30.04.2024).
6. Federal Budgetary Institution Tambov Forensic Laboratory of the Ministry of Justice of the Russian Federation. The program “Speed Determination Utility”. [Electronic resource]. – Access mode: http://expertutilities.ru/ (date of access: 30.04.2024).
7. Materials of the All-Russian scientific and practical conference of May 26, 2017 of the Federal State Budgetary Educational Institution of Higher Education “East Siberian Institute of the Ministry of Internal Affairs of Russia”. – Irkutsk, 2017.
8. Grigoryan V. G., Grigoryan A. V. Application of braking parameters of motor vehicles in expert practice. Methodological recommendations for experts. FBU RFCSE under the Ministry of Justice of Russia. – M., 2021.
CRIMINOLOGY
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
LANOVOY Vadim Gennad jevich
Ph.D. in Law, associate professor of General humanitarian and legal disciplines sub-faculty of the Stavropol branch of the Moscow Pedagogical State University
ON THE ISSUE OF CRIME PREVENTION THEORIES
The article discusses various theories of crime prevention. The author concludes that the history of crime prevention in criminological science testifies to the constant development and improvement of crime control strategies, which leads to the emergence of various theories such as positive criminology, social controllability, “window approach”, environment and opportunity, rational choice, social control and gap, contract control.
Keywords: crime prevention, positive criminology, social controllability, “window approach”, environment and opportunities, rational choice, social control and gap, contract control.
Article bibliography
1. Shestak V. A. Crime prevention theory in Russia and abroad: history and modernity // Lex russica. – 2008. – T. LXVII. – No. 2.
2. Butkevich S. A. Crime Prevention: Methodology, Theory and Legal Foundations // Scientific Notes of the Crimean Federal University named after V. I. Vernadsky. Legal Sciences. – 2018. – Vol. 4 (70). – No. 2.
3. Antonyan Yu. M. General Concept of Crime Prevention // HUMAN: Crime and Punishment. – 2013. – No. 3 (82).
4. Kuzmin Yu. A. Theoretical Aspects of Crime Prevention // Legal Sciences. – 2020. – No. 3.
LEGAL PROCEEDINGS
MINYAYLENKO Nikolay Nikolaevich
Ph.D. in Law, professor of the St. Petersburg Institute (branch) of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia)
LEGAL PROCEEDINGS IN RUSSIA: HISTORICAL ISSUES
The article examines trends in the development of legal proceedings in Russia. Particular attention is paid to the transformations that occurred in legal proceedings during the reign of Emperor Alexander II. The idea is expressed that those in power in Russia always have considered the court to be a second-class appendage of administrative power. The king-emperors sincerely believed that only they were given the right to administer justice. A judge must only correctly express the will of the administrative authorities. Western approaches in Russian society were not understood and not accepted. It is concluded that as a result of the reforms, the new legal proceedings were based on the concept of direct and oral proceedings in the case, and the rules on the strength of evidence placed in the Judicial Charter should serve only as a guide in determining the decision according to the internal conviction of the judges, based on the totality of the circumstances found.
Keywords: the result of the reforms, trends in the development of legal proceedings in Russia, the concept of direct and oral proceedings in the case.
Article bibliography
1. Grigoriev O. V. Notes in the margins: Issues of inconsistency between the court and the law in Russia // In the collection: World scientific research and development: modern achievements, risks, prospects. Proceedings of the XIV International scientific and practical conference. – Ryazan, 2023. – P. 179-181.
2. Kostrov G. K. How can justice become just? // Journal of Russian Law. – 2004. – No. 10. – P. 23-29.
3. Grigoriev O. V. Military justice of Emperor Nicholas I // Historical and socio-educational thought. – 2018. – Vol. 10. – No. 2-2. – P. 78-85.
4. Borisova E. A. Reform of civil proceedings in Russia // Vestn. mosc. university. series 11. law. – 2015. – No. 1. – P. 17-26.
5. Judicial charters of November 20, 1864, with a statement of the reasoning on which they are based. – Part 1. – St. Petersburg, 1867. – P. 13-14.
6. Grigoriev O. V. Military-judicial reform of Russia in 1867: dissertation … candidate of legal sciences: 12.00.01. – Moscow, 2006. – 186 p.
7. PSZ-2. – T. 37. – No. 38761.
8. Vas’kovsky E. V. Textbook of civil procedure. – M., 2003. – P. 8.
9. Katkov M. N. Collection of editorials of the Moskovskiye Vedomosti for 1865. – M., 1897. – P. 220–221 (No. 82. April 16, 1865).
10. Grigoriev O. V. Development of the military judicial system of Russia (mid-16th – early 21st centuries). – Moscow, 2012.
11. Civil Procedure Code of the Russian Federation of 14.11.2002 N 138-FZ (as amended on 06.04.2024) Article 157. “Immediacy and orality of the trial.”
LEGAL PROCEEDINGS
GERKE Kristina Vitaljevna
postgraduate student of the 4th course of the correspondence course of Organization of judicial and law enforcement activities sub-faculty of the Russian State University of Justice
MAGISTRATES’ COURT IN RUSSIA AND EXPERIENCE OF FOREIGN COUNTRIES
In this article the author discusses some issues of the organization of magistrates’ courts in such foreign countries as England, Great Britain, France, USA, and Israel. To understand the ways of improving the domestic institution of worldd justice, to determine the most positive aspects, it is necessary to analyze foreign experience. The purpose of the present work is to propose modernization of the work of justices of the peace in Russia. The study of foreign experience in the organization of magistrates’ courts will allow to highlight positive aspects, as well as to compare their work with the work of domestic magistrates’ courts to determine trends in improvement.
Keywords: justice of the peace, court, judge, justice of the peace, justice of the peace, judicial system, judicial authority, judicial authority.
Article bibliography
1. Federal law “On Justices of the Peace in the Russian Federation” dated 12/17/1998 No. 188-FZ (latest revision).
2. Resolution of the Plenum of the Supreme Court of the Russian Federation dated 10/31/1995 No. 8 (revised on 03/03/2015) “On Certain Issues of Application courts of the Constitution of the Russian Federation in the administration of justice.”
3. Resolution of the Plenum of the Supreme Court of the Russian Federation of 10.10.2003 No. 5 (as amended on 05.03.2013) “On the application by courts of general jurisdiction of generally recognized principles and norms of international law and international treaties of the Russian Federation”.
4. Resolution of the Plenum of the Supreme Court of the Russian Federation of 16.04.2013 No. 9 “On amendments to the Resolution of the Plenum of the Supreme Court of the Russian Federation of October 31, 1995 No. 8 “On Certain Issues of the Application of the Constitution of the Russian Federation by Courts in the Administration of Justice”.
LEGAL PROCEEDINGS
OBOLKIN Evgeniy Sergeevich
Ph.D. of historical sciences, associate professor of Humanitarian and socio-economic disciplines sub-faculty of the East Siberian branch of the Russian State University of Justice, Irkutsk
ALEXEEVA Tatyana Sergeevna
lecturer of Humanitarian and socio-economic disciplines sub-faculty of the East Siberian branch of the Russian State University of Justice, Irkutsk
LEGAL ASPECTS OF THE DEVELOPMENT OF JUDICIAL RECORDS MANAGEMENT IN RUSSIA
The purpose of this article is to study and analyze the legal aspects affecting the development of judicial records management in Russia. Research methods include analysis of existing legislation, legal practice, review of court decisions and analytical materials, as well as expert opinion of legal experts. The results of the study allow us to identify the main trends and problems in judicial records management, as well as assess the impact of legal norms on the quality and efficiency of legal processes. The findings of the work indicate the need to improve legislation and judicial practice to ensure fair and effective access to justice in Russia.
Keywords: legal aspects, judicial records management, Russia, legislation, court decisions , efficiency of legal processes.
Article bibliography
1. Latysheva N. A. Organization and implementation of control over the conduct of office work in courts of general jurisdiction of the Russian Federation. Abstract of diss. … candidate of law .n. – Moscow, 2022. – P. 410.
2. Chashin A. N. Fundamentals of judicial office work: a tutorial. – Moscow, 2020. – 138 p.
3. Bryanceva O. V., Soldatkina O. L. Electronic justice in Russia: problems and solutions // Bulletin of the O. E. Kutafin Moscow State Law University (MSAL). – 2023. – No. 12 (64). – P. 101.
JUDICIAL PROCEEDINGS
PETROVA Yuliya Alexeevna
postgraduate student of the Russian State University of Justice, Assistant to the Deputy Chairman of the Court of Arbitration of the Moscow District
THE USE OF ARTIFICIAL INTELLIGENCE IN THE WORK OF ARBITRATION COURTS
Digitalization of the work of the courts brings the problem of the use of artificial intelligence in civil proceedings to a new level. An analysis of world practice shows that the spread of digital technologies in judicial activity is gaining momentum and generates a lot of contradictions. The need to increase labor productivity in arbitration courts requires careful attention to the possibilities of digital technologies. The purpose of the article is to analyze the features of the use of artificial intelligence technologies in arbitration courts. The leading research methods in the process of writing an article are theoretical analysis of scientific literature, analysis of foreign and Russian experience. Based on the analysis of the discussions, it was found that the use of artificial intelligence technologies in arbitration courts should be complementary in nature, which will get rid of routine. It has been established that artificial intelligence does not always capture the meanings of legal texts and is not able to soap irrationally. For these reasons, it can be stated that there are limited possibilities of artificial intelligence in arbitration courts.
Keywords: irrational thinking, artificial intelligence, routine processes, digitalization of the arbitration court.
Article bibliography
1. Bekhteev D. V. Artificial intelligence: ethical and legal foundations. – M .: Prospect, 2021.
2. Borisova L. V. On the main directions of the formation and development of electronic justice in modern Russia // Law and digital economy. – 2020. – No. 2. – P. 32-35.
3. Momotov V. Artificial intelligence in court will not be neutral to humans / Legal.report. – [Electronic resource]. – Access mode: https://legal.report/viktor-momotov-iskusstvennyj-intellekt-v-sude-ne-budet-nejtralen-k-cheloveku/ (date of access: 16.05.2023).
4. Gertner A. V. On the issue of using artificial intelligence in the electronic justice system: pro et contra // Young scientist. – 2020. – No. 49 (339). – P. 211-215.
5. Report “AI systems as subjects of law” at the Gaidar Forum: website. – [Electronic resource]. – Access mode: https://zen.yandex.ru/media/aiqcnt/doklad-iisistemy-kak-subekty-prava-na-gaidarovskom-forume-5c430924f6cfb300af1c0d9f#publication_likers (date of access: 15.06.2023).
6. Artificial intelligence “judge”: website. – [Electronic resource]. – Access mode: https://www.universityherald.com/articles/45702/20161024/artificial-intelligence-judge-predict-outcome-european-court-trials.htm (date of access: 15.02.2021).
7. Laptev V. Artificial intelligence in court: how it will work / Portal “Law”. – [Electronic resource]. – Access mode: https://pravo.ru/opinion/232129/ (date of access: 17.05.2023).
8. Postny I. Artificial intelligence in the field of jurisprudence. Article 2 / Habr. – [Electronic resource]. – Access mode: https://habr.com/ru/post/511004/ (date of access: 17.05.2023).
9. Proydakov E. M. Current state of artificial intelligence // Science studies studies. – 2018. – No. 2018. – P. 129-153.
10. Judicial processor: The government discusses the use of artificial intelligence in the legal sphere // Kommersant. – 2017: website. – [Electronic resource]. – Access mode: https://www.simplawyer.com/wp-content/uploads/Zakon.ru-Legal-Tech-and-lawyers-of-the-future.pdf (date of access: 14.06.2023).
JUDICIAL PROCEEDINGS
GERKE Kristina Vitaljevna
postgraduate student of the 4th course of the correspondence course of Organization of judicial and law enforcement activities sub-faculty of the Russian State University of Justice
THE PROCEDURE FOR THE DEPARTURE OF MAGISTRATES ON VACATION OUTSIDE THE TERRITORY OF THE RUSSIAN FEDERATION
This work is devoted to the study of the procedure for crossing the territory of the Russian Federation by citizens with the status of judges, namely, to the procedure for action by justices of the peace. The choice of the research topic is based on the practical need to study the legal status of the justice of the peace in various aspects. In the Russian Federation, there are certain legislative norms governing the right of citizens to travel abroad. The status of judges, prosecutors, other officials, lawyers and ordinary citizens without special legal status may differ. Let’s analyze what are the differences. Why they exist and what normative acts are regulated. We propose ways to optimize the procedure for preparing judges for the leave. This topic is relevant, new, has scientific and practical significance, as well as theoretical and practical value for the entire legal community.
Keywords: magistrates, international law, exit and entry procedures, leave, status of judge.
Article bibliographic list
1. Law of the Russian Federation “On the Status of Judges in the Russian Federation” dated 26.06.1992 No. 3132-1 (latest revision).
2. Federal Law “On Justices of the Peace in the Russian Federation” dated 17.12.1998 No. 188-FZ (latest revision).
3. Federal Law dated 15 August 1996 No. 114-FZ “On the Procedure for Leaving the Russian Federation and Entering the Russian Federation”.
4. Decree of the President of the Russian Federation dated 05/20/2024 No. 429
“On approval of the Regulation on the procedure for preliminary notification of the Federal Security Service of the Russian Federation (territorial security agency) and the Foreign Intelligence Service of the Russian Federation by certain categories of persons about leaving the Russian Federation.”
5. Resolution of the Plenum of the Supreme Courts of the Russian Federation of 10.10.2003 No. 5 (as amended. from 05.03.2013) “On the application by courts of general jurisdiction of generally recognized principles and norms of international law and international treaties of the Russian Federation”.
6. Resolution of the Plenum of the Supreme Court of the Russian Federation from 16.04.2013 No. 9 “On Amendments to the Resolution of the Plenum of the Supreme Court of the Russian Federation of the Federation of October 31, 1995 N 8 “On Certain Issues of the Application by Courts of the Constitution of the Russian Federation in the Administration of Justice”.
7. Resolution of the Plenum of the Supreme Court of the Russian Federation of June 27, 2013 N 21 “On the Application by Courts of General Jurisdiction of the Convention for the Protection of Human Rights and fundamental freedoms of 4 November 1950 and the Protocols thereto.”
LEGAL PROCEEDINGS
PETROVA Yuliya Alexeevna
postgraduate student of the Russian State University of Justice, Assistant to the Deputy Chairman of the Court of Arbitration of the Moscow District
DIGITALIZATION AND JUDICIAL ACTIVITY OF ARBITRATION COURTS
The article examines the concept, features, and significance of digitalization of arbitration courts, and reveals its individual elements. Attention is drawn to the importance of information support for the activities of the courts, which is a condition for fairness, transparency and transparency of the justice system. The features of electronic legal proceedings in arbitration courts of foreign countries are considered. The directions of work on the introduction of full-fledged electronic court proceedings in arbitration courts are proposed.
Keywords: court, arbitration court, electronic document management, electronic document, electronic court proceedings, digitization.
Article bibliography
1. Burdina E. V. Digitalization of judicial activity: directions, forecasts and risks // Court administrator. 2020. No. 2.
2. Burdina E. V. et al. Electronic justice: Monograph. / Ed. by E. V. Dragilev E. V., Drovaleva L. S., Palamarchuk S. A. Informatization of the judicial system of China // Legal science. 2022. No. 8.
3. Burdina E. V. et al. Electronic justice: Monograph. / Ed. E. V. Burdina, S. V. Zueva. M.: RGUP, 2021.
4. Zhurkina O. V., Maksimenko E. I. Digital justice on the example of Internet courts in China // Issues of Russian and international law . 2020. Vol. 10. No. 6.
5. Kachalova O. V. European standards for the application of information technologies in legal proceedings in the context of modern challenges and threats // The rule of law: theory and practice. 2022. No. 1 (67).
6. Rakitina L. N. Electronic legal proceedings in civil proceedings // Court Administrator. 2022. No. 3.
PROSECUTOR’S OFFICE AND ITS OFFICIALS
MAKHYANOVA Rimma Mubarakovna
Ph.D. in Law, associate professor of Military administration, administrative and financial law sub-faculty of the Prince Alexander Nevsky Military University of the Ministry of Defense of the Russian Federation
LEGAL REGULATION OF SUPERVISION ACTIVITIES OF THE PROSECUTOR’S OFFICE AND PROBLEMS OF ITS TACTICAL SUPPORT: RETROSPECTIVE AND MODERNITY
The article, based on a retrospective analysis of regulatory legal acts on the organization and activities of prosecutors, examines the powers of prosecutors to identify, eliminate and prevent violations of laws; their historical periodization was carried out and the features associated with the use of personal and professional qualities of the prosecutor were highlighted as the main factors influencing the provision of legality and the achievement of the effectiveness of supervisory activities. The results of the research conducted earlier by the author indicate the advisability of tactical support for the supervisory activities of the prosecutor’s office in order to improve its quality. According to the author, the effectiveness of prosecutorial supervision depends not on the scope of legislatively enshrined powers, but on the ability of prosecutors to effectively implement them in relation to the conditions of the current situation. For these purposes, the legislation on prosecutorial supervision needs to be updated to include rules on the use of tactics in organizing and carrying out supervisory activities. This will also serve to improve the supervisory powers of the prosecutor and to intensify the scientific organization of labor in the activities of the prosecutor’s office.
Keywords: powers of the prosecutor, tactics of supervisory activities of the prosecutor’s office.
Article bibliographic list
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2. Monuments of Russian law in thirty-five volumes. Volume thirteen. Judicial reform of 1864 in the Russian Empire. Educational and scientific manual / Under the general editorship of R. L. Khachaturov, A. A. Demichev. – Moscow : Publishing house “Yurlitinform”, 2015. – P. 376-385.
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7. USSR. Main Military Prosecutor’s Office. Instructions for military prosecutors on the implementation of general supervision over the execution of laws / Prosecutor’s Office of the USSR. Main military prosecutor’s office. – Moscow: [b. i.], 1938. – 15 p. @@ Instructions for the military prosecutor of the sea and river fleet on supervision for compliance with socialist legality in the application of the regulations on the discipline of workers and employees of the sea and river fleet of the USSR: [Approved by the Chief Military Prosecutor’s Office of the Sea and River Fleet of the USSR on December 26, 1944] / Prosecutor’s Office of the USSR. Chief Military . Prosecutor’s Office of the Maritime and River Fleet of the USSR. – Moscow: Rechisdata Printing House, 1944. – 16 p.
8. “Collection of current orders and instructions of the Prosecutor General of the USSR”, 1958 (extract).
9. “Vedomosti of the Supreme Soviet of the USSR”. – 1979. – No. 49. – Art. 843.
10. “ “Vedomosti of the Supreme Soviet of the USSR”. – 1955. – No. 14. – Art. 288.
11. On the Prosecutor’s Office of the Russian Federation: Federal Law of 17.01.1992 No. 2202-1 // Coll. legislation of the Russian Federation . 20.11.1995. – No. 47. – Art. 4472 (as amended on 29.05.2024).
12. On the Prosecutor’s Office of the Russian Federation: Federal Law of 17.01.1992 No. 2202-1 // Coll. legislation of the Rus. Federation. – 20.11.1995. – No. 47 . – Art. 4472 (as amended on 29.12.2022) (as amended and supplemented, entered into force on 09.01.2023). – Art. 21. – Section III.
13. Makhyanova R. M. Tactics of supervisory activities of prosecutorial authorities: a tutorial. – Moscow: Military University of the Ministry of Defense of Russia, 2023. – 106 pp.
LAW ENFORCEMENT AUTHORITIES
ANDRIYAKHIN Andrey Andreevich
lecturer of Fire training in the activities of the department of internal affairs in special conditions sub-faculty of the Oryol Law Institute of the MIA of Russia
SHEVCHENKO Igor Anatoljevich
lecturer of Fire training sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia, lieutenant colonel of police
IDRISOV Idris Kerimovich
lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia, major of police
BEZGACHEV Fedor Vladimirovich
senior lecturer of Information and legal disciplines and special equipment sub-faculty of the Siberian Law Institute of the MIA of Russia, Krasnoyarsk
DEVELOPMENT OF POLICE OFFICERS’ READINESS TO PERFORM OFFICIAL TASKS IN EXTREME CONDITIONS
This article presents the main directions for the development of police officers’ readiness to perform tasks in special conditions. The authors note the importance of an integrated approach in the training of IAB personnel. The authors identify psychological training, physical training, fire and tactical special training, and the development of group work skills as the main areas of training. In conclusion, the authors note that all the highlighted aspects together contribute to improving the overall effectiveness of law enforcement agencies.
Keywords: special conditions, development of qualities, extreme conditions, police officer, interaction , skills development.
Article bibliography
1. Belousova Z. A. Physical training tools for developing students’ skills to act in extreme situations // BSU Bulletin. – 2009. – No. 1 . [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sredstva-fizicheskoy-trenirovki-dlya-formirovaniya-u-studentov-umeniy-deystvovat-v-ekstremalnyh-situatsiyah (date of access: 24.06.2024).
2. Ilyina V. V. Genesis of the development of the term “Extreme conditions” in psychological science // Bulletin of the Criminal Investigation Department of the Ministry of Internal Affairs of Russia. – 2014. – No. 2 (24). [Electronic resource]. – Access mode: https://cyberleninka. ru/article/n/genezis-razvitiya-termina-ekstremalnye-usloviya-v-psihologicheskoy-nauke (date of access: 21.06.2024). /
3. Korolenko Ts. P. Human psychophysiology in extreme conditions. – L., 1978. – P. 15.
4. Savkin N. S. Extreme situation and challenges of the time // Humanitarian: current problems of humanitarian science and education. – 2021. – No. 1 (53). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ekstremalnaya-situatsiya-i-vyzovy-vremeni (date of access: 21.06. 2024).
5. Temchur A. S. The nature and characteristics of an extreme situation // International Journal of Humanities and Natural Sciences. – 2021. – No. 2-3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/suschnost-i-harakteristiki-ekstremalnoy-situatsii (date of access: 21.06.2024).
6. Ukrainsky S. V., Struganov S. M. , Barkalov S. N. Formation of professional qualities in employees of internal affairs bodies necessary for performing operational and service tasks in extreme situations // Bulletin of the Criminal Investigation Department of the Ministry of Internal Affairs of Russia. – 2021. – No. 2 (52). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/formirovanie-u-sotrudnikov-organov-vnutrennih-del-professionalnyh-kachestv-neobhodimyh-dlya-vypolneniya-operativno-sluzhebnyh (date of access: 24.06.2024).
7. Frolkina A. V., Chevtaeva A. V. Features of personality behavior in an extreme situation // Bulletin of experimental education. – 2021. – No. 4 (29). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/osobennosti-povedeniya-lichnosti-v-ekstremalnoy-situatsii (date of access: 21.06.2024).
LAW ENFORCEMENT AGENCIES
BELETSKIY Alexander Alexandrovich
senior lecturer of the Fire training sub-faculty of the Volgograd Academy of the MIA of Russia
ZHIKHAREV Dmitriy Alexandrovich
Senior lecturer of Physical culture and sports and wellness technologies sub-faculty of the Don State Technical University, Rostov-on-Don
CHERNYSHOV Alexander Alexeevich
lecturer of Physical training sub-faculty of the Voronezh Institute of the MIA of Russia
THE USE OF MODERN TYPES OF SMALL ARMS AND AMMUNITION IN THE OFFICIAL ACTIVITIES OF EMPLOYEES OF THE INTERNAL AFFAIRS BODIES
The article is devoted to topical issues of the use of modern samples of small arms and ammunition in the official activities of employees of the internal affairs bodies. The paper considers the most common types of small arms used in the DIA, such as the Yarygin pistol, the Bison submachine gun, the Kalashnikov assault rifle and the Saiga carbine. Special attention is paid to the characteristics and features of the use of various types of ammunition, including traumatic, tear and armor-piercing cartridges. The specifics of the use of modern small arms and ammunition by police officers, the need to comply with legal requirements, rules for safe handling of weapons, as well as the importance of regular fire training are described in detail. It is noted that the high level of professional skills of police officers in handling weapons is a key factor in the effectiveness and safety of their actions. The article also discusses modern technological solutions used in the process of fire training of employees, such as training complexes, combat simulation systems and the latest personal protective equipment. It is emphasized that the use of these innovative developments contribute to improving the quality and effectiveness of fire training. Special attention is paid to the legal aspects of the use of modern small arms and ammunition by police officers.
Keywords: small arms, ammunition, police officers, weapons, training complexes, personal protective equipment.
Article bibliography
1. Kropachev S. A. Use of modern small arms by law enforcement officers: legal and tactical aspects // Bulletin of the Voronezh Institute of the Ministry of Internal Affairs of Russia. – 2021. – No. 2. – P. 45-51.
2. Petrov D. V., Ivanov A. S. Innovative technologies in fire training of law enforcement officers // Technologies of the XXI century. – 2021. – No. 4. – P. 18-24.
3. Sidorov B. V., Chernyshev G. A. Features of the use of ammunition with special striking elements by employees of the Internal Affairs Bodies // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2021. – No. 3. – P. 61-67.
4. Larionov I. N. Modern types of small arms used in the official activities of employees of the internal affairs bodies // Scientific Bulletin of the Oryol Law Institute of the Ministry of Internal Affairs of Russia named after V. V. Lukyanov. – 2021. – No. 4. – pp. 79-84.
LAW ENFORCEMENT AUTHORITIES
BONDAREV Alexander Vladimirovich
Deputy Head of Fire training sub-faculty of the Krasnodar University of the MIA of Russia, colonel of police
MARTYNEN KO Oleg Vladimirovich
senior lecturer of Fire and physical training sub-faculty of the Volgodonsk branch of the Rostov Law Institute of the MIA of Russia, major of police
KRYUCHKOV Vasiliy Vasiljevich
senior lecturer of Physical training sub-faculty of the Volgograd Academy of the MIA of Russia
PROBLEMS AND PROSPECTS OF IMPROVING THE LEVEL OF PHYSICAL TRAINING OF POLICE OFFICERS
The article is devoted to the urgent problem of improving the effectiveness of physical training of employees of internal affairs bodies. The paper analyzes the state of physical fitness of police personnel, identifies key problems that prevent them from maintaining a high level of physical readiness. The main problems include: inconsistency of the content and structure of physical training with modern requirements, insufficient differentiation according to individual typological and job characteristics of employees, low motivation of personnel, insufficient material and technical support. The article suggests promising directions for improving the effectiveness of physical training of police officers, including the development of a system for assessing physical readiness, improving the content and forms of physical training based on a differentiated approach, the introduction of innovative technologies, strengthening the material and technical base and motivation of personnel. The implementation of the presented measures will contribute to increasing the level of physical readiness of police officers to effectively perform operational and official tasks.
Keywords: physical training, employees of internal affairs bodies, professionally applied physical training, differentiated approach.
Article bibliography
1. Barchenkov V. I., Volkov A. V. Physical training of employees of internal affairs bodies in modern conditions: problems and ways of improvement // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2021. – No. 2 (90). – P. 124-129.
2. Grachev A. S., Mikhailov D. V. Organization of physical training of police officers taking into account the specifics of their official activities // Scientific notes of the University named after P. F. Lesgaft. – 2021. – No. 2 (192). – P. 66-70.
3. Davydov O. B., Plotnikov A. A. Modern trends in physical training of employees of internal affairs bodies // Bulletin of the criminal-executive system. – 2021. – No. 5 (226). – P. 37-41.
4. Eremin A. Yu., Shiyanov N. V. Ways to increase the motivation of employees of internal affairs bodies to engage in physical training // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2021. – No. 4 (92). – pp. 154-159.
LAW ENFORCEMENT BODIES
MUSTAFINA Gulnara Mazhitovna
associate professor of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia, colonel of police
TORGERSEN Sergeevich
senior lecturer of Fire training sub-faculty of the Siberian Law Institute of the MIA of Russia, Krasnoyarsk, lieutenant colonel of police
GUNYAEV Evgeniy Viktorovich
senior lecturer of Fire training and activities of the department of internal affairs in special conditions sub-faculty of the V. V. Lukyanov Oryol Law Institute of the MIA of Russia, lieutenant colonel of police
KLIMOVSKIY Anton Sergeevich
lecturer of Special disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, captain of police
THE CONTENT AND CAUSES OF CONFLICT SITUATIONS IN THE ACTIVITIES OF LAW ENFORCEMENT OFFICERS
The scientific article examines the role of psychological services and managers in conflict management in the collectives of internal affairs bodies. Ensuring a socio-psychological climate in the internal affairs of bodies is considered a key aspect requiring an integrated approach. The authors identify the main causes of conflicts, as well as factors affecting the socio-psychological climate in the teams of internal affairs agencies. In conclusion, the authors set out recommendations for successful conflict management in the activities of police officers.
Keywords: conflict, conflictological competence, socio-psychological climate, police officer, conflict management.
Article bibliography
1. Gainullina A. V. Psychological problems of the manager’s activities in preventing conflicts and maintaining a favorable socio-psychological climate in service teams // Psychology and pedagogy of service activities. – 2020. – No. 4. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/psihologicheskie-problemy-deyatelnosti-rukovoditelya-po-profilaktike-konfliktov-i-podderzhaniyu-blagopriyatnogo-sotsialno (date of access: 02.07.2024).
2 . Davydova Yu. A., Pryanikova N. I. Conflict as a factor in the temporary resistance of an organization // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2022. – No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/ article/n/konflikt-kak-faktor-vremennoy-rezistentnosti-organizatsii (date of access: 04.07.2024).
3. Elesina I. G. The main causes of conflict situations in the team of law enforcement officers // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2022. – No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/ article/n/osnovnye-prichiny-konfliktnyh-situatsiy-v-kollektive-sotrudnikov-pravoporyadka (date of access: 04.07.2024).
4. Kasparov A. R. Content and structure of conflicts in the professional activities of employees of internal affairs bodies / / Science. Education. Modernity / Science. Education. The present. – 2018. – No. 3-4. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/soderzhanie-i-struktura-konfliktov-v-professionalnoy-deyatelnosti-sotrudnikov-organov-vnutrennih-del (date of access: 02.07.2024).
5 . Nezhkina L. Yu. Forecast of reliability of professional activity of employees based on the study of socio-psychological climate and management style // Psychology in Economics and Management. – 2017. – No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/prognoz-nadezhnosti-professionalnoy-deyatelnosti-sotrudnikov-na-osnove-issledovaniya-sotsialno-psihologicheskogo-klimata-i-stilya (date of access: 02.07.2024).
LAW ENFORCEMENT AGENCIES
PANOVA Olga Sergeevna
Ph. D. in pedagogical sciences, professor of Physical training sub-faculty of the Volgograd Academy of the MIA of Russia
LEMAIKINA Svetlana Vladimirovna
lecturer senior of Information support of the DIA sub-faculty of the Rostov Law Institute of the MIA of Russia
MAYER Evgeniy Vladimirovich
lecturer of Physical training sub-faculty of the Omsk Academy of the MIA of Russia
PROFESSIONALLY APPLIED PHYSICAL TRAINING AS THE BASIS FOR THE FORMATION OF PHYSICAL FITNESS OF EMPLOYEES OF THE MINISTRY OF INTERNAL AFFAIRS
The article examines the importance of professionally applied physical training (PPFP) in the system of physical training of employees of internal affairs bodies. It is noted that the specifics of the operational and official activities of employees of the Ministry of Internal Affairs determines the special importance of PPFP as the main means of forming professionally significant physical qualities and motor skills. The analysis of the current state of PPFP in educational institutions of the Ministry of Internal Affairs of Russia is carried out. The main problems that negatively affect the effectiveness of this area of physical training are identified: the inconsistency of the content of the PPFP with the relevant requirements for the professional activity of employees, insufficient differentiation of curriculum by job responsibilities, low level of motivation of students for classes. The main directions for improving the PPFP are proposed: optimization of the content and structure of the PPFP, taking into account modern requirements for employees of the Ministry of Internal Affairs; introduction of innovative forms and methods aimed at improving the effectiveness of classes; differentiation of PPFs by job groups; development of criteria and indicators for assessing professionally applied physical fitness. The implementation of the proposed measures, according to the authors, will increase the level of professionally applied physical fitness of employees of the internal affairs bodies, and will also contribute to the improvement of their professional competencies necessary for the successful performance of official duties.
Keywords: employees of the Ministry of Internal Affairs, professionally applied physical training, physical fitness, improvement of forms and methods.
Article bibliography
1. Achkasov E. E., Levitan A. P., Shpagin S. V. Modern technologies for assessing the physical fitness of employees of the Ministry of Internal Affairs of Russia // Theory and practice of physical education. – 2021. – No. 9. – P. 66-68.
2. Gorbunov A. V., Kolomenskaya E. A. Features of professional and applied physical training of cadets of educational organizations of the Ministry of Internal Affairs of Russia // Bulletin of the Belgorod Law Institute of the Ministry of Internal Affairs of Russia named after I. D. Putilin. – 2021. – No. 3. – P. 75-78.
3. Zaitsev A. A., Manzhelei I. V., Maltsev A. V. Improving professional and applied physical training of cadets of educational organizations of the Ministry of Internal Affairs of Russia // Theory and practice of physical education. – 2022. – No. 1. – P. 83-85.
4. Lubyshev E. A., Semenov A. A., Kryukova D. A. Analysis of the state and directions of improvement of professional and applied physical training of cadets of educational organizations of the Ministry of Internal Affairs of Russia // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2021. – No. 6. – P. 167-171.
LAW ENFORCEMENT AGENCIES
PETROV Pavel Sergeevich
lecturer of Fire and tactical special training sub-faculty of the Ufa Law Institute of the MIA of Russia
KASHIRSKIY Dmitriy Yurjevich
Ph.D. in technical sciences, associate professor, Head of Computer science and special technology sub-faculty of the Barnaul Law Institute of the MIA of Russia
GORELOV Stanislav Alexandrovich
Ph.D. in psychological sciences, Head of Internal affairs in special conditions sub-faculty of the St. Petersburg University of the MIA of Russia
TACTICAL FEATURES OF THE ACTIONS OF POLICE OFFICERS IN SPECIAL CONDITIONS
The article discusses the main directions of training police officers for service in special conditions. The modern realities of the practical activities of police officers in regions are subject to sabotage attacks, as well as air attacks by unmanned aerial vehicles from the enemy, force us to change the usual order of service to a reinforced one, where much attention is paid to ensuring personal safety measures. The tactical features of the actions of police officers, the most important aspects relating to the preparation of equipment, equipment, as well as the legal regulation of this area in the police have already undergone quite a lot of changes at the moment, but it is no secret that military confrontation is acquiring a new level and scale every day Therefore, it is necessary to constantly improve approaches to the preparation, management and coordination of DIA activities in special conditions.
Keywords: special conditions, tactics of actions, tactical and special training, physical training, fire training, moral and psychological training.
Article bibliography
1. Petrov P.S. On some aspects of organizing classes on the academic discipline “Tactical and special training” // Issues of improving physical, tactical and special and fire training of police officers for operational and service activities: materials of the All-Russian scientific and practical conference, Volgograd, June 21, 2023. Volume Issue 6. – Volgograd: Volgograd Academy of the Ministry of Internal Affairs of the Russian Federation, 2023. – P. 220-225. – EDN EIDNGL.
2. Alekseev A. M. Actual problems of fire and tactical-special training at the present stage // Improving fire and tactical-special training of law enforcement officers: Collection of materials of the All-Russian scientific and practical conference, Orel, May 26, 2023. – Orel: Orel Law Institute of the Ministry of Internal Affairs of Russia named after V. V. Lukyanov, 2023. – P. 9-12. – EDN VBJVNS.
LAW ENFORCEMENT AGENCIES
PYRCHENKOVA Galina Stepanovna
Ph.D. in philological sciences, associate professor, associate professor of Foreign languages sub-faculty of the Academy of Management of the MIA of Russia
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” of Russia
CURRENT TRENDS IN THE DEVELOPMENT OF SCIENTIFIC AND TECHNICAL SUPPORT FOR LAW ENFORCEMENT AGENCIES IN FOREIGN COUNTRIES
In the article, the authors consider the possibilities of using new technologies in the activities of law enforcement agencies of foreign countries. The analysis of foreign experience in the process of organizing scientific and technical support for the activities of law enforcement agencies allowed the authors to assert that modern trends in the introduction of the latest achievements of science and technology into law enforcement can serve as prerequisites for the application of these areas in the law enforcement system of any country.
Keywords: law enforcement agencies, scientific and technical support, innovative technologies, public-private partnership.
Bibliographic list
1. Artificial intelligence and robotics for law enforcement artificial intelligence and robotics for law enforcement. – [Electronic resource]. – Available at: https://www.europarl.europa.eu/cmsdata/196207/UNICRI%20-%20Artificial%20intelligence%20and%20robotics%20for%20law%20enforcement.pdf (accessed: 21.05.2024).
2. Springer Handbook of Automation. – Editors: № Shimon Y (Ed.), 2009. – Р. 1574-1575.
3. Etzioni Oren. No, the Experts Don’t Think Superintelligent AI is a Threat to Humanity. – [Electronic resource]. – Access mode: https://www.technologyreview.com/s/602410/no-the-experts-dont-think-superintelligent-aiis-a-threat-to-humanity 3 (accessed: 23.05.2024).
4. What is a ShotSpotter? How Chicago police use high-tech equipment to fight crime – ABC7 Chicago (accessed: 23.05.2024).
5. Connors Ed., Cunningham W., Ohlhausen P., Operation Cooperation: Guidelines for Partnerships between Law Enforcement & Private Security Organizations, Washington, D.C.: Bureau of Justice Assistance, 2000. – [Electronic resource]. – Access mode: www.ilj.org/publications/docs/Operation_Cooperation.pdf.
6. Cunningham W. C., Strauchs J. J. and Clifford W. Van Meter. Private Security Trends 1970–2000: The Hallcrest Report II, Stoneham. – Massachusetts: Butterworth-Heinemann, 1990. – 244 p.
7. CunninghamW. C., Taylor T. Private Security and Police in America: The Hallcrest Report I, Stoneham, Massachusetts: Butterworth-Heinemann, 1985; Gainer T.W. Partnership Between Law Enforcement and Private Security Should Become a Norm. – [Electronic resource]. – Access mode: https://docplayer.net/15792349-Partnerships-between-public-law-enforcement-and-private-security-should-behtmlcome-the-norm (date of access: 23.04.2024).
8. Debevoise & Plimpton LLP. Public Private Partnerships in the USA. March 26, 2019.
9. ASIS Foundation, ASIS Foundation Security Report: Scope and Emerging Trends, Alexandria, Virginia: ASIS Foundation, 2004, 42. – [Electronic resource]. – Access mode: https://www.asisonline.org/foundation/.
10. Pyrchenkova G.S., Radchenko E.P. Modern trends in the development of public-private partnership in the US law enforcement system. Business Security. – M.: Jurist Publishing Group. – 2020. – No. 2. – P. 27-33.
11. Latypov A. I. Foreign experience in the use of information technology in law enforcement // Scientific and educational journal for students and teachers “StudNet”. – 2021. – № 4.
LAW ENFORCEMENT AGENCIES
KHOREV Alexander Vladimirovich
Ph.D. in Law, associate professor of Judiciary sub-faculty of the Penza State University; assistant senior prosecutor of the Leninskkyi district of Penza
PROSECUTORAL SUPERVISION OF THE BODIES CONDUCTING PRELIMINARY INVESTIGATIONS IN THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
The article examines the place and role of the Prosecutor’s Office in the preliminary investigation procedure carried out by employees of the Ministry of Internal Affairs. The author conducts a comparative legal analysis of the competence of the prosecutor’s office at various stages of the formation of national statehood, as well as in other countries. It is concluded that today the prosecutor is not limited only to the function of supervision of the bodies conducting preliminary investigations in the Ministry of Internal Affairs, which requires appropriate legislative consolidation of his coordinating powers at the stage of preliminary investigation of criminal cases.
Keywords: prosecutor, prosecutorial supervision, preliminary investigation, preliminary investigation, preliminary investigation.
Article bibliographic list
1. Constitution of the Russian Federation (adopted by popular voteadopted on December 12, 1993, with amendments approved during the all-Russian vote on July 1, 2020) // The official text of the Constitution of the Russian Federation is published on the Official Internet Portal of Legal Information http://pravo.gov.ru, 10/06/2022.
2. Criminal Procedure Code of the Russian Federation of December 18, 2001 No. 174-FZ // Collected Legislation of the Russian Federation. – 12/24/2001. – No. 52 (Part I). – Art. 4921.
3. Federal Law “On Amendments to the Criminal Procedure Code of the Russian Federation and the Federal Law “On the Prosecutor’s Office of the Russian Federation” // Collected Legislation of the Russian Federation. – 2007. – No. 24. – Art. 2830.
4. Federal Law of December 28, 2010 No. 403-FZ “On the Investigative Committee of the Russian Federation” // Collection of Legislation of the Russian Federation. – 03.01.2011. – No. 1. – Art. 15.
5. Order of the Prosecutor General’s Office of Russia dated January 19, 2022 No. 11 “On the Organization of Prosecutor’s Supervision over the Procedural Activities of Preliminary Investigation Bodies” // Legality. – 2022. – No. 4.
6. Order of the Prosecutor General’s Office of the Russian Federation dated June 2, 2011 No. 162 “On the Organization of Prosecutor’s Supervision over the Procedural Activities of Preliminary Investigation Bodies” (No longer in effect) // The document was not published. [Electronic resource]. – Access mode: https://docs.cntd.ru/document/902285899?section=status (date accessed: 07.01.2024).
7. Baev O. Yu. On some problematic issues of prosecutorial supervision over preliminary investigation bodies in the Ministry of Internal Affairs of Russia // Innovative Science. – 2022. – P. 55-59.
8. Panfilova E. A. Prosecutor’s supervision of preliminary investigation: a comparative legal analysis of the practice of foreign countries // Symbol of Science. – 2016. – No. 11. – P. 180-186.
9. Tyurenkova K. A., Demidov A. S. Constitutional and legal status of the prosecutor’s office in foreign countries: a comparative legal analysis // Young scientist. – 2015. – No. 21 (101). – P. 633-639.
10 Furazhnikova K. Yu. Comparative legal study of the assessment of the effectiveness of criminal procedural activities of the prosecutor in the Russian Federation and the PRC // New legal bulletin. – 2023. – No. 1 (40). P. 31-34.
11. Rastoropshin R. A. Rights and tasks of the prosecutor in the criminal process of the Russian Federation and Germany // Problems of Economics and Legal Practice. – 2017. – P. 141-142.
12. Potyrkina E. Yu. Criminal procedural status of the prosecutor in the proceedings of European states. // Socio-economic phenomena and processes. – 2015. – No. 10. – P. 82-87.
13. Melnikov D. Yu. The emergence and development of the prosecutor’s office in Russia // Prosecutor’s activity in Russia: history, theory, practice: materials of the All-Russian scientific and practical conference dedicated to the 300th anniversary of the Russian prosecutor’s office (Penza, December 24, 2021) / Ed. V. A. Terekhin. – Penza, 2022. – P. 97-101.
LAW ENFORCEMENT AGENCIES
TSARKOVA Evgeniya Gennadjevna
Ph.D. in physical and mathematical sciences, leading researcher of the Department for the Study of Employment Problems of Convicts and Economic Problems of the Functioning of the Penal Correction 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” of Russia
ZORINA Natalya Sergeevna
senior researcher of the Department for Imp roving 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” of Russia
ON THE ISSUE OF JUVENILE DELINQUENCY PREVENTION
The aim of the study is to examine the aspects of juvenile delinquency, the growth of which, among other things, is associated with the spread of destructive content on the Internet. The factors leading to criminal manifestations in the behavior of minors are analyzed. The issues of positive influence of family, sports and leisure activities on the formation of law-abiding behavior of minors are studied. Special attention is paid to the role of preventive work, legal education in reducing the level of juvenile delinquency.
Keywords: juvenile delinquency, criminogenic threats, social development of society, crime prevention, Penal System of the Russian Federation.
Article bibliography
1. Artemova D. I., Presnyakov S. A. Measures to prevent juvenile delinquency and social rehabilitation of adolescents // Bulletin of Penza State University. – 2019. – No. 4 (28). – P. 28-32.
2. Tsarkova E. G. On the issue of using modern information technologies in work on preventing crime among minors // Problems of preventing crime among minors and young people: materials of the All-Russian scientific and practical conference, St.- Petersburg, May 26, 2023. – St. Petersburg: Pechatny Tseh, 2023. – P. 79-81.
3. Kurinova I. A. Protection of the rights of minors by the norms of modern Russian legislation // Science and School. – 2015. – No. 8.
4. Tikhaya L. S. On some aspects of the activities of commissions on minors and the protection of their rights // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2016. – No. 7. – P. 14-17
5. Tsarkova E. G., Zorina N. S. Determinants of juvenile delinquency and personality traits of a juvenile offender // Eurasian Law Journal. – 2023. – No. 11 (186). – P. 427-428.
6. Churakov D. Yu., Tsarkova E. G. Promising directions of information technologies in the penal system of the Russian Federation // Actual problems of the activities of the penal system units: Collection of materials of the All-Russian scientific and practical conference. In 2 parts, Voronezh, May 23, 2019. Part 1. – Voronezh: Publishing and printing center “Scientific book”, 2019. – P. 238-253.
SECURITY AND LAW
TROFIMTSEVA Svetlana Yurjevna
Ph.D. in philosophical sciences, associate professor, associate professor of Security and information technologies sub-faculty of the National Research University “Moscow Power Engineering Institute”
COMPARATIVE ANALYSIS OF CRIMINALIZATION OF ILLEGAL COMPUTER IMPACTS ON CRITICAL INFRASTRUCTURE OF THE RUSSIAN FEDERATION, THE USA AND BELGIUM
The article analyzes the specifics of criminalization of cyberattacks on critical infrastructure in the criminal legislation of the Russian Federation, the USA and Belgium in connection with the adoption of laws on the protection of critical infrastructure in these countries (Federal Law “On the Security of Critical Information Infrastructure of the Russian Federation” No. 187-FL of July 26, 2017, Executive Order of the US President No. 13010 “Critical Infrastructure Protection” of July 15, 1996, Presidential Policy Directive “Critical Infrastructure Security and Resilience” of February 12, 2013, the Belgian Law “On the Security and Protection of Critical Infrastructure” of July 11, 2011). The analysis of the provisions of Article 274.1 of the Criminal Code of the Russian Federation, § 1030 of the US Code, Article 550 tertia of the Belgian Criminal Code is carried out. The conclusion is made about the insufficient correlation of the provisions of § 1030 the US Code with federal legislation on the protection of critical infrastructure. The thesis is put forward about the possibility of introducing additional crimes into Chapters 16, 21, 24, 25, 29 of the Criminal Code of the Russian Federation to improve criminal-legal counteraction to cyberattacks on critical infrastructure facilities of the Russian Federation.
Keywords: cybercrime, critical infrastructure, computer information, crimes against critical infrastructure, security of information relations.
Article bibliography
1. Petryaeva E.K., Trofimtseva S.Yu. Legal protection of critical infrastructure facilities in the context of the digital economy: the problem of lawful determination of the victim and the object of attacks under Art. 274.1 of the Criminal Code of the Russian Federation // Digital transformation: trends and prospects. Proceedings of the II International Scientific and Practical Conference, Moscow, 20.12.2023. – M.: Publishing House OOO “Izdatelstvo “Mir Nauki”, 2023. – P. 301-309.
SECURITY AND LAW
TROFIMTSEVA Svetlana Yurjevna
Ph.D. in philosophical sciences, associate professor, associate professor of Security and information technologies sub-faculty of the National Research University “Moscow Power Engineering Institute”
THE PROBLEM OF DETERMINING THE OBJECT OF A CRIME ASSOCIATED WITH UNLAWFUL INFLUENCE ON CRITICAL INFORMATION INFRASTRUCTURE
The article analyzes issues related to the specification of objects of against the critical infrastructure of states, including those crimes related to malicious impact on information systems, information and telecommunication networks and automated control systems of critical infrastructure facilities. Some provisions of the Federal Law of the Russian Federation “On the Security of the Critical Information Infrastructure of the Russian Federation” No. 187-FL are analyzed. A thesis is put forward on the possibility of defining a generic object in accordance with the social sectors in which, according to national legislation, there are critical infrastructure facilities, the functioning of which is encroached upon by an intruder, primarily national security, economic security, public safety and public order, and in the criminal legislation of the Russian Federation as the security of social spheres, where, according to 187-FL, critical information infrastructure facilities operate. The definition of a specific and direct object is proposed to correlate with ensuring the safe functioning of groups of critical infrastructure facilities. New relevant articles may be introduced into national criminal legislation as qualified or additional articles criminalizing socially dangerous attacks on critical infrastructure facilities.
Keywords: critical information infrastructure, critical infrastructure objects, computer information (computer data), cyberattacks on information systems, information and telecommunication networks, automated control systems.
Article bibliography
1. Trofimtseva S. Yu. “Illegal Impact on the Critical Information Infrastructure of the Russian Federation” (Article 274.1) as a Computer Crime? (To the Question of Its Generic, Specific, and Direct Object) // Eurasian Law Journal. – 2021. – No. 11 (162). − P. 317-318.
EDAGOGY AND LAW
BELEVTSEV Vitaliy Vladimirovich
Ph.D. in pedagogical sciences, Deputy Head of Fire training sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia, colonel of police
METHODOLOGY FOR TEACHING “DRY” SHOOTING SKILLS AT FIRETREATMENT CLASSES IN EDUCATIONAL ORGANIZATIONS OF THE MIA OF RUSSIA
The article reveals the main methods of teaching dry shooting skills, aimed at improving the fire training of cadets and students of educational organizations of the Ministry of Internal Affairs of Russia. This will allow them to correctly hold, aim and fire a weapon in their future professional activities, as well as comply with safety rules. Therefore, the training process contains those practical actions that will be useful to law enforcement officers.
Keywords: “idle” training, fire training, practical shooting, training methods, physical qualities, tactical action, shooting technique.
Article bibliography
1. Baluev A. S. Problematic aspects of planning firearms training in educational organizations of the Ministry of Internal Affairs of Russia // Autonomy of the individual. – 2023. – No. 1 (29). – P. 81-86.
2. Bokiy A. N., Kondrashov A. V. Techniques for developing the skill of shooting a police officer from a firearm // Scientific notes of the Crimean Federal University named after V. I. Vernadsky. Legal sciences. – 2023. – T. 9 (75). № 1. – P. 376-383.
3. Bordachev A. Yu. Improving the fire training of police officers in modern conditions of law enforcement activities // In the collection: Improving the fire and tactical-special training of law enforcement officers. Collection of materials of the All-Russian conference. – Orel, 2022. – P. 36-39.
4. Vorozhtsov A. M., Domysheva T. V. Methods of teaching fire training in the implementation of vocational training programs // In the collection: Actual issues of improving the special training of cadets and students of educational organizations of the Ministry of Internal Affairs of Russia. Materials of the All-Russian scientific and practical conference. Editorial board: E. E. Vityutnev, I. V. Podporin, V. A. Mikhailyuk [et al.]. Krasnodar, 2022. – P. 533-538.
5. Kardanov A.K. Actual problems of fire and physical training of police officers // Problems of modern pedagogical education. – 2022. – No. 74-1. – P. 113-116.
6. Kardanov A.K. Actual issues of organizing the training process in practical shooting with employees of the Ministry of Internal Affairs of the Russian Federation // Problems of modern pedagogical education. – 2022. – No. 76-4. – P. 147-150.
7. Pavlov E.B. Improving the training of police officers for situations involving the use of firearms // In the book: Problems of improving Russian legislation. Collection of abstracts of the All-Russian (with international participation) scientific conference of cadets, listeners and students. Edited by Yu.V. Anokhin. – Barnaul, 2022. – pp. 305-306.
EDAGOGY AND LAW
DOTTUEV Tengiz Idrisovich
senior lecturer of Internal affairs in special conditions sub-faculty of the North Caucasian Institute for Advanced Training (branch) of the Krasnodar University MIA of Russia, major of police
THE SPECIFICS OF PROFESSIONAL REHABILITATION OF ATHLETES AFTER INJURIES
The semantic message of carrying out rehabilitation measures in case of injury to a person is to reduce the influence of concomitant manifestations as soon as possible, such as pain, limited mobility and temporary excommunication from competitive and training activities. Timely response and qualified specialist assistance can eliminate the aggravation of damage, prevent the transformation of the disease into a chronic one, and help avoid relapse. This paper examines the most effective means of recovery, the sequence of their application, indications and contraindications for the preparation of an individual technique.
Keywords: injury, rehabilitation, rehabilitation measures, treatment methods, medications, preventive load.
Article bibliography
1. Federal Law No. 61-FZ of April 12, 2010 “On the Circulation of Medicines” // Collected Legislation of the Russian Federation. – 2010. – No. 16.
2. Dunay O. G., Trofimov A. N., Chernovol S. I., Stakhov S. G. On the Possibility of Increasing the Efficiency of Rehabilitation of Patients with Limb Injuries (Individual Rehabilitation Program) // Trauma. – 2019. – No. 4. – P. 99-104.
3. Fedosov M. I., Shpachenko A. V. Shock. Etiopathogenetic classification, clinical diagnostics and key areas of intensive care. Lecture. Part I // TMBV. – 2018. – No. 3. – P. 146-152.
4. Maslennikov V. A. Ozone therapy in clinical practice // Nizhny Novgorod Medical Journal. – 2010. – No. 1. – P. 95-99.
5. Kruchinsky N. G. Modern principles in the rehabilitation of athletes // Health for all. – 2016. – No. 2. – P. 11-15.
PEDAGOGY AND LAW
KRAEVA Natalya Viktorovna
Ph.D. in Law, senior researcher of the Center for the Study of the Problems of the Execution of Criminal Penalties and Psychological Support for the Professional Activities of Employees in the Penitentiary System of the Federal State Institution “Research Institute of the Federal Penitentiary Service” of Russia
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” of Russia
RATIONAL WAYS TO CORRECT JUVENILE CONVICTS
In this scientific article, the author describes a rational way to correct juvenile convicts. Having analyzed the scientific works of Russian researchers on this topic, the author came to the conclusion that the rational way of correction consists of three stages – diagnosis of the convict’s personality, measures to correct him and subsequent re-socialization. As a result, the conducted research makes it possible to more clearly identify the areas in which researchers should work to improve the effectiveness of juvenile correction programs.
Keywords: correction of a minor convict, educational colonies, minor, correction, method, resocialization, diagnosis.
Article bibliography
1. Aleksandrov A. S. On the issue of resocialization and correction of juvenile convicts in conditions of imprisonment // Bulletin of the Kuzbass Institute. – 2021. – No. 2 (47). – P. 19-26.
2. Drozd N. A., Ezhova O. N. Resocialization of juvenile convicts // Problems and prospects for the development of the penal system of Russia at the present stage. – 2020. – P. 117-121.
3. Zhdanov V. A. Ways and means of correcting juvenile convicts in places of deprivation of liberty // Perm period. – 2022. – P. 27-29..
4. Kuptsov I. I., Pivovarova T. V. Rational ways of correcting juvenile convicts // Applied legal psychology. – 2013. – No. 3. – P. 26-34.
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
KHAYDAROVA Melana Leonidovna
senior lecturer of Pedagogy and preschool psychology sub-faculty of the Chechen State Pedagogical University, Grozny
AGZAMOV Rifkat Raisovich
Ph.D. in pedagogical sciences, associate professor of Pedagogy, psychology and health care sub-faculty of the Institute of Education Development of the Republic of Bashkortostan, Ufa
SAMOLOVOV Nikolay Alexandrovich
Ph.D. in pedagogical sciences, associate professor of Sports disciplines sub-faculty of the Nizhnevartovsk State University
OCCUPATIONAL DEPRIVATION AS AN INHIBITOR OF PROFESSIONAL AND PERSONAL DEVELOPMENT OF STUDENTS OF A MODERN UNIVERSITY
The article examines the phenomenon of professional deprivation and its impact on the professional and personal development of students of higher educational institutions. An analysis of various theoretical approaches to the study of professional deprivation was carried out, and the works of domestic and foreign scientists were reviewed. Attention is paid to the mechanisms of occurrence of professional deprivation, its consequences and possible coping strategies. The main goal of the article is to identify key aspects that hinder the professional and personal growth of students and offer recommendations for minimizing the negative effects of professional deprivation.
Keywords: professional deprivation, professional and personal development, university students, developmental inhibitors, psychological health.
Article bibliography
1. Vygotsky L. S. Problems of development of the psyche. – Moscow: Pedagogy, 1983.
2. Leontiev A. N. Activity. Consciousness. Personality. – Moscow: Politizdat, 1977.
3. Maslow A. Motivation and personality. – St. Petersburg: Piter, 2007.
4. McClelland D. Human motivation. – St. Petersburg: Piter, 2007.
5. Levin K. Dynamic theory of personality. – New York: McGraw-Hill, 1935.
6. Deci E. L., Ryan R. M. Intrinsic Motivation and Self-Determination in Human Behavior. – New York: Plenum, 1985.
7. Vilyunas V.K. Psychology of motives. – M.: Nauka, 1990.
8. Frankl V. E. Man’s Search for Meaning. – Boston: Beacon Press, 2006.
9. Erikson E. H. Identity and the Life Cycle. – New York: W. W. Norton, 1980 @@ Harter S. The Construction of the Self: A Developmental Perspective. – New York: Guilford Press, 1999.
10. Schunk D. H., Pintrich P. R., Meece J. L. Motivation in Education: Theory, Research, and Applications. – Upper Saddle River, NJ: Pearson, 2008.
11. Bandura A. Self-Efficacy: The Exercise of Control. – New York: W. H. Freeman, 1997.
12. Encyclopedia. Deprivation. – [Electronic resource]. – Access mode: http://knowledge.su/d/deprivatsiya (date of access: 12.07.2024).
13. Yumatova I. I. Dynamics of students’ professional self-determination (on the example of a pedagogical university): Abstract. diss… candidate of psychological sciences. – Rostov-on-Don, 2000. – [Electronic resource]. – Access mode: http://www.dissercat.com/content/dinamika-professionalnogo-samoopredeleniya-studentov-na-primere-pedagogicheskogo-vuza (date of access: 12.07.2024).
14. Knyazev E. A. Pedagogy and psychology of social deprivation (historical aspect) / E. A. Knyazev. – [Electronic resource]. – Access mode: http://www.hr-portal.ru/article/pedagogika-i-psikhologiya-sotsialnoi-deprivatsii-0 (date of access: 12.07.2024).
PEDAGOGY 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
KORELIN Mikhail Nikolaevich
lecturer of Physical training sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk
ZAVGORODNIY Andrey Gennadjevich
lecturer of Physical training y of the Barnaul Law Institute of the MIA of Russia
PEDAGOGICAL CONDITIONS FOR FORMING STUDENTS’ READINESS FOR PROFESSIONAL ACTIVITIES
The article reveals the theoretical and practical aspect of the pedagogical conditions for the formation of students’ readiness for professional activity. The goal of our work is to find pedagogical conditions that ensure students’ readiness for professional activity. Solving this problem involves clarifying the essence of the concept of “readiness for professional activity.” In our research, we analyze in detail the content of each component: legal knowledge, skills, elements of legal culture, legal ethics, and determine their place and significance in the structure of a graduate’s readiness for professional activity. In the experimental work, we conventionally distinguish three groups of students according to the level of development of skills in solving professional problems: professionally promising; professionally stable; professionally problematic. In our article, we did not set a goal to comprehensively reveal the professional readiness of students, but we would like to identify the problem of insufficient knowledge of the nature and criteria of readiness of graduates of higher educational institutions for professional activities and note that the process of training specialists is purposeful, thoughtful and systematic.
Keywords: pedagogical conditions, formation process, readiness, readiness for professional activity.
Article bibliographic list
1. Odintsova L. A. Implementation of continuous pedagogical education in the region in the context of a pedagogical university // Pedagog: science, technology, practice. – 2001. – No. 1. – P. 95-98.
2. Sviridova G. F. Features of the organization of independent work of bachelor students of a pedagogical university // The world of science, culture, education. – 2019. – No. 2 (75). – P. 212-214.
3. Sviridova G. F. Problems of organizing independent work of students of a pedagogical university and ways to solve them // Bulletin of the Altai State Pedagogical University. – 2019. – No. 2 (39). – P. 21-25.
4. Sukhoterina T. P. Scientific potential of the Federal State Budgetary Educational Institution of Higher Professional Education “Altai State Pedagogical Academy”//Grand Altai Research & Education. – 2014. – № 1. – P. 218-223.
5. Timoshenko A. Yu. Criterial assessment as a means of forming self-control and self-esteem of students // Modern educational technologies in primary school. Materials of the correspondence all-Russian scientific and practical conference. edited by L. A. Nikitina. – 2017. – P. 157-163.
6. Timoshenko A. Yu. Main directions of organizing professional training of future teachers in the context of implementing a multi-level system of higher education // Modernization of professional and pedagogical education: trends, strategy, foreign experience. Materials of the international scientific conference. Under the scientific editorship of M. P. Tyrina, L. G. Kulikova. – 2017. – P. 230-232.
7. Timoshenko A. Yu. Place and role of pedagogical subject technology in the educational process // Pedagogical University Bulletin of Altai. – 2002. – No. 1. – P. 754-756.
PEDAGOGY AND LAW
RUBAN Darya Alexeevna
Ph.D. in pedagogical sciences, lecturer of State and civil law disciplines sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia
MANAGING THE PROCESS OF CREATING AND MAINTAINING A POSITIVE IMAGE OF INTERNAL AFFAIRS BODIES ON SOCIAL NETWORKS
The article deals with the problem of representation of internal affairs of bodies in social networks. It is about the need to manage the process of creating and maintaining a positive image of internal affairs on the Internet. Domestic and foreign experience in researching the issue shows that in this process it is necessary to pay attention to two factors: SMM strategies and knowledge of psychotechnologies used in PR. Police PR officers need special training, including knowledge of SMM and Internet psychology, to implement a strategy to increase the level of trust.
Keywords: image, internal affairs bodies, police, social networks, image strategies.
Article bibliography
1. Antonova E. A., Nureeva I. A. The role of social networks in shaping the image of a police officer // International Journal of Psychology and Pedagogy in Official Activities. – 2018. – No. 2. – P. 55-58.
2. The influence of social networks on the image of a police officer – this topic was discussed at a meeting of the coordinating and methodological council at the East Siberian Institute of the Ministry of Internal Affairs of Russia // East Siberian Institute of the Ministry of Internal Affairs of Russia site. [Electronic resource]. – Access mode: https://xn--b1am0a.xn--b1aew.xn--p1ai/Press-sluzhba/Novosti/item/12309039// (date of publication: 02/16/2018).
3. Ivanova R. Yu., Maltseva T. V. Psychological aspects of PR activities in the Ministry of Internal Affairs of Russia: a tutorial. – Moscow: Academy of Management of the Ministry of Internal Affairs of Russia, 2023. – 68 p.
4. Kilimnik E. V. Strategies for enhancing the image of the police institution abroad // Theory and practice of world science. – 2022. – No. 3. – P. 60-74.
5. Akmatbekova Zh. A., Alymbaeva Z. A., Aldasheva G. M., Bolotbekov S. E. Image of the leader in the formation of the image of a government agency // Bulletin of Science and Practice. – 2022. – Vol. 8. No. 9. – Pp. 491-502.
PEDAGOGY AND LAW
FAYRUSHINA Margarita Zufarovna
Ph.D. in political sciences, lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia
GOLIKOVA Natalya Leonidovna
senior lecturer of Criminal process and criminalistics sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia
THE PHILOSOPHICAL AND PSYCHOLOGICAL ASPECT OF THE FORMATION OF A ABLE ENVIRONMENT IN EDUCATIONAL INSTITUTIONS OF THE MIA OF RUSSIA
In the article, the authors consider a philosophical and psychological view on the formation of a comfortable environment in educational institutions of the Ministry of Internal Affairs of Russia. The formation of a psychologically comfortable environment in educational organizations of the Ministry of Internal Affairs of Russia is an important philosophical and psychological task and is regulated by special normative legal acts. The article says that the formation of a comfortable educational environment is greatly influenced by a healthy educational climate in educational institutions. The formation of a psychologically comfortable educational environment begins with the creation of special psychological and pedagogical conditions and a set of measures aimed at both physical and psychological adaptation of students, which manifests itself in emotional stability, psychological self-regulation, an active lifestyle, the desire to study and gain knowledge. It is a psychologically comfortable and safe environment in the educational organization of the Ministry of Internal Affairs of Russia that is necessary.
Keywords: environment, comfort, psychology, education,upbringing, educational organization.
Article bibliography
1. Andreeva G. M. Social Psychology: Textbook for Higher Education Institutions. – 5th ed., revised and expanded. – Moscow: Aspect Press, 2003.
2. Druzhinin V. N. Structure and Logic of Psychological Research. – Moscow: Publishing House “Institute of Psychology of the Russian Academy of Sciences”, 1994.
3. Radugin A. A., Radugin K. A. Sociology: Lecture Course: Textbook for Students of Higher Education Institutions. – 3rd ed., revised and expanded. – Moscow: Biblionika, 2006. – 223 p.
4. Grigorovich L. A., Martsinkovskaya T. D. Pedagogy and Psychology: Textbook. manual. – M.: Gardariki, 2003. – 480 p.
5. Zhdanov O. I. “Socio-psychological climate in the team” // Personnel records management. – 2007. – No. 11. – P. 15.
6. Ishmekeeva A. K. Factors of formation and correction of the socio-psychological climate in the teaching staff // Psychology. Sociology. Science. – 2013. – No. 2.
7. Krechetnikov K. G. Features of ensuring psychological comfort of the student when using information educational technologies // Educational technologies and science. – 2006. – No. 9 (4). – C. 265-268.
PEDAGOGY AND LAW
SHAGIEVA Gulnara Rifovna
senior lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia, lieutenant colonel of police
KUZNETSOV Vladimir ovich
lecturer of Special disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, Simferopol, major of police
KHRUSHCHEV Alexander Viktorovich
senior lecturer of Fire training sub-faculty of the Siberian Law Institute of the MIA of Russia, Krasnoyarsk, major of police
KHRYKOV Ivan Sergeevich
lecturer of Fire training and activities of the department of internal affairs in special conditions sub-faculty of the V. V. Lukyanov Oryol Law Institute of the MIA of Russia, senior lieutenant of police
GAMIFICATION AS AN INNOVATIVE TECHNOLOGY FOR TRAINING CADETS AND TRAINES IN UNIVERSITIES OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA: ADVANTAGES AND PROSPECTS
The article explores the introduction of gamification into the educational process in universities of the Ministry of Internal Affairs of Russia. The authors consider the positive aspects of using game elements in order to increase students’ motivation for the process of learning knowledge and developing the necessary skills. The article discusses practical examples of successful application of gamification, as well as identifies prospects for further development of this technology in the educational process of universities of the Ministry of Internal Affairs of Russia.
Keywords: gamification, vocational training, game technologies, cadet training, student engagement.
Article bibliography
1. Alekseeva A. Z., Solomonova G. S., Aetdinova R. R. Gamification in education // Pedagogy. Psychology. Philosophy. – 2021. – No. 4 (24). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/geymifikatsiya-v-obrazovanii-3 (date of access: 06/27/2024).
2. Vikhlyaev A. A. Gamification as an innovative form of teaching special disciplines in departmental educational institutions of the Ministry of Internal Affairs of Russia // Psychology and pedagogy of service activities. – 2023. – No. 1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/geymifikatsiya-kak-innovatsionnaya-forma-prepodavaniya-spetsialnyh-distsiplin-v-vedomstvennyh-uchebnyh-zavedeniyah-mvd-rossii (date of access: 06/27/2024).
3. Zubova O. A. How to distinguish gamification from an educational game // Eurasian Scientific Journal. – 2022. – No. 3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kak-otlichit-geymifikatsiyu-ot-obuchayuschey-igry (date of access: 06/27/2024).
4. Ilyina N. N. Game magic of communication: gamification as a means of developing communication skills in primary school students // Modern problems of science and education. – 2024. – No. 2. [Electronic resource]. – Access mode: https://science-education.ru/ru/article/view?id=33340 (date of access: 06/27/2024).
5. Murzagalina G. M., Tikhomirova G. V., Filippova O. V., Korneeva N. Yu., Galiakberova V. N. Gamification in education as a factor in increasing interest in the assimilation of educational material // Moscow Economic Journal. – 2022. – No. 4. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/geymifikatsiya-v-obrazovanii-kak-faktor-povysheniya-interesa-k-usvoeniyu-uchebnogo-materiala (date of access: 06/27/2024).
6. Nelyubin R. V., Penionzhek E. V., Takiulina E. R. Productivity of the gamification method on the example of the game “Laser Tag” in educational organizations of the Ministry of Internal Affairs of Russia // Pedagogy. Theory and Practice. – 2019. – No. 4. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/produktivnost-metoda-igrofikatsii-na-primere-igry-lazertag-v-obrazovatelnyh-organizatsiyah-sistemy-mvd-rossii (date of access: 01.07.2024).
7. Tolenova E. A., Abdoldina A. B. Gamification in education // SAI. – 2024. – No. Special Issue 26. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/geymifikatsiya-v-obrazovanii-4 (date of access: 06/27/2024).
PEDAGOGY AND LAW
TSOY Bronislav Alexeevich
Ph.D. in Law, associate professor, associate professor of Criminal process law sub-faculty of the Russian State University of Justice
GILYAZOV Ruslan Relifovich
senior lecturer of Professional training sub-faculty of the Ufa Law 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
BOGDANOV Artyom Mikhaylovich
lecturer of Tactical and special training sub-faculty of the Siberian Law Institute of the MIA of Russia, Krasnoyarsk
FEATURES OF THE USE OF INTERACTIVE TEACHING METHODS IN THE PREPARATION OF FUTURE LAWYERS
This article examines the role of the use of interactive teaching methods in the training of future lawyers. It is noted that the considered group of methods contribute to the active participation of students in the classroom, providing a deep understanding of the educational material and the development of necessary skills. The authors pay special attention to game-based learning methods. In conclusion, the authors conclude that the expected learning outcomes using interactive methods can be: – improving the understanding of key aspects of the discipline; – development of skills in analyzing evidence and formulating legal positions; – improvement of students’ communication skills, etc.
Keywords: interactive teaching methods, teaching methods, training of lawyers, formation of skills, educational process, game methods.
Article bibliography
1. Bykov V. P. Interactive learning as a basis for activating the educational and cognitive activity of students in a military university // Pedagogy: history, prospects. – 2021. – No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/interaktivnoe-obuchenie-kak-osnova-aktivizatsii-uchebno-poznavatelnoy-deyatelnosti-obuchayuschihsya-v-voennom-vuze (date of access: 07/05/2024).
2. Kodoeva A. Ch. Forms and methods of organizing legal education of cadets in educational and extracurricular activities // KNZh. – 2020. – No. 3 (32). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/formy-i-metody-organizatsii-pravovogo-vospitaniya-kursantov-v-uchebnoy-i-vo-vneauditornoy-deyatelnosti (date of access: 07/05/2024).
3. Kutepova M. V. Interactive methods of organizing independent work of cadets and students of educational organizations of the Ministry of Internal Affairs of Russia // Psychology and pedagogy of service activities. – 2021. – No. 1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/interaktivnye-metody-organizatsii-samostoyatelnoy-raboty-kursantov-i-slushateley-obrazovatelnyh-organizatsiy-mvd-rossii (date of access: 07/05/2024).
4. Rovina E. E. Interactive elements in classrooms: several exciting ideas and examples of application // Education and Law. – 2021. – No. 1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/interaktivnye-elementy-na-uchebnyh-zanyatiyah-neskolko-uvlekatelnyh-idey-i-primery-primeneniya (date of access: 07/05/2024).
5. Obraztsov P. I., Uman A. I. Game methods of conducting educational classes // Gaudeamus. – 2005. – No. 8. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/igrovye-metody-provedeniya-uchebnyh-zanyatiy (date of access: 07/08/2024).
6. Tillabaeva F. A. Interactive teaching methods as a type of active methods // Economy and society. – 2021. – No. 2-2 (81). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/interaktivnye-metody-obucheniya-kak-raznovidnost-aktivnyh-metodov (date of access: 07/05/2024).
7. Sheykhova M. S., Prokhorova T. S. Features of game-based teaching methods // Economy and Society. – 2018. – No. 6 (49). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/osobennosti-igrovyh-metodov-obucheniya (date of access: 07/08/2024).
PSYCHOLOGY AND LAW
ALMUKHAMETOVA Gulfiya Gayazovna
Ph.D. in pedagogical sciences, associate professor of Pedagogy and psychology in the activities of police officers sub-faculty of the Ufa Law Institute of the MIA of Russia
VOSKOBOEV Alexander Ivanovich
Ph.D. in pedagogical sciences, Head of Tactical and special training sub-faculty of the Rostov Law Institute of the MIA of Russia, colonel of police
CHERNOUSOV Maxim Viktorovich
lecturer of Fire training sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia, major of police
ALTUNIN Alexey Yurjevich
lecturer of Fire training and activities of the DIA in special conditions sub-faculty of the V. V. Lukyanov Oryol Law Institute of the MIA of Russia
METHODS OF PSYCHOLOGICAL SUPPORT FOR POLICE OFFICERS SERVING IN SPECIAL CONDITIONS
This article discusses the concept of psychological support for police officers serving in extreme conditions. The authors note that psychological support for police officers in special conditions is an important tool for maintaining their mental health and professional performance.
Keywords: psychological support, police officer, special conditions, extreme conditions, psychological assistance, mental state.
Article bibliography
1 . Koynov M. Yu. Methodology for training patrol police officers for actions in special conditions // Bulletin of Economics, Management and Law. – 2022. – No. 4 (61). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/metodika-podgotovki-sotrudnikov-patrulno-postovoy-sluzhby-politsii-k-deystviyam-v-osobyh-usloviyah (date of access: 21.06.2024).
2. Novikova I. A., Ksenofontov A. M. Psychological support and assistance to police officers in extreme conditions of official activity // Science and Modernity. – 2011. – No. 13-1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/psihologicheskoe-soprovozhdenie-i-podderzhka-sotrudnikov-politsii-v-ekstremalnyh-usloviyah-sluzhebnoy-deyatelnosti (date of access: 21.06.2024).
3 . Ogorodnikov V. I., Voronin R. M. Psychological characteristics of employees serving with weapons // Applied legal psychology. – 2023. – No. 3 (64). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/psihologicheskie-osobennosti-sotrudnikov-nesuschih-sluzhbu-s-oruzhiem (date of access: 21.06.2024).
4. Sukhova E. V. Test capabilities SMIL in professional selection // UPIRR. – 2015. – No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/vozmozhnosti-testa-smil-v-professionalnom-otbore (date of access : 21.06.2024).
5. Chovdyrova G.S., Reutskaya I.E., Klimenko S.K. Psychological support of the activities of police officers // Psychopedagogy in law enforcement agencies. – 2005. – No. 1 (23). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/psihologicheskoe-soprovozhdenie-deyatelnosti-sotrudnikov-ovd (access date: 06/21/2024).
PSYCHOLOGY AND LAW
ANANJEVA Zhanna Nikolaevna
student of the 5th course of the full-time student of the Department of Psychology of the Institute of Training of State and Municipal Employees of the Academy of the FPS of Russia
ANANJEV Oleg Gennadjevich
senior lecturer of Social psychology and social work sub-faculty of the Academy of the FPS of Russia
THE LEGAL BASIS OF PSYCHOLOGICAL WORK WITH THE PARTICIPANTS OF SMO
This article examines the legal aspects of psychological work with participants in a special military operation (SMO). The article analyzes the main normative legal acts regulating the interaction of psychologists with the participants of the SMO, their rights and obligations. Special attention is paid to ethical and professional standards in psychological work with this category of persons. The issue of confidentiality of information received from the participants of the SMO and possible restrictions under the law is also being considered. In conclusion, the article focuses on the importance of respecting the rights and dignity of SMO participants in the framework of psychological work and the need to comply with legal norms in providing assistance and support to this category of clients.
Keywords : legal foundations, participants of the SMO, adaptive capabilities, assertive behavior, survival, personality, defense mechanisms, stimuli, readaptation, reactions.
Article bibliography
1. Federal Law “On the Fundamentals of Social Services for Citizens in the Russian Federation” dated 28.12.2013 No. 442-FZ. [Electronic resource]. — Access mode: https://www.consultant.ru/document/cons_doc_LAW_156558/ (date of access: 11.06.2024).
2. Order of the Ministry of Health of the Russian Federation dated 24.10.2002 No. 325 “On psychological and psychiatric assistance in emergency situations “(together with the “Regulation on the organization of psychological and psychiatric assistance to victims of emergency situations”). [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_101282/ (date of access: 11.06.2024).
3. Ananyeva E. O., Ivliev P. V. On the issue of social services for participants in the SVO of the Russian Federation // Eurasian Law Journal. – 2024. – No. 1 (188). – P. 287-288.
4. Ananyeva Zh. N., Ananyev O. G. On the issue of the program of psychological support for employees // Scientific Aspect. – Ryazan. – 2024. – T. 1. No. 4. – P. 105-110.
Psychology and Law
PAVLOV Igor Mikhaylovich
senior lecturer of Special disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, , lieutenant colonel of police
MUSAFIN Radim Radifovich
lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia, major of police
EVTUSHENKO Alexander Anatoljevich
senior lecturer of Physical training sub-faculty of the Siberian Law Institute of the MIA of Russia, Krasnoyarsk
KOVGAN Ekaterina Yurjevna
lecturer of Administrative law sub-faculty of the Rostov Law Institute of the MIA of Russia, captain of police
THE ROLE OF COMMUNICATION SKILLS IN THE ACTIVITIES OF POLICE OFFICERS
In this article, the authors explore the importance of communication skills in the activities of police officers. The authors emphasize that the development of communication skills contributes to the successful resolution of conflict situations, strengthens trusting relationships with society and increases the internal operational effectiveness of the police. The article focuses on various factors influencing the communication process, such as: the emotional state of the interlocutor, the personal qualities of police officers, etc.
Keywords: communication, communication skills, professional communication, police officer, interaction, skills development.
Article bibliography
1. Bukovtsova T. N. Communicative competence of employees of internal affairs bodies: characteristics and ways of improvement // Mission of confessions. – 2023. – No. 72. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kommunikativnaya-kompetentnost-sotrudnikov-organov-vnutrennih-del-harakteristika-i-puti-povysheniya (date of access: 19.06.2024).
2. Gorshkova O. V. Active teaching methods: forms and purposes of application // Concept. – 2017. – No. S3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/aktivnye-metody-obucheniya-formy-i-tseli-primeneniya (date of access: 19.06.2024).].
3. Dimitrov A. N., Toropchin N. A., Kulkina I. V. Features of tactical and psychological techniques of communication between a police officer and an offender // MNKO. – 2016. – No. 3 (58). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/osobennosti-taktiko-psihologicheskih-priyomov-obscheniya-sotrudnika-politsii-s-pravonarushitelem (date of access: 04.06.2024).
4. Kochesokova Z. Kh., Mashekuasheva M. Kh. Communicative competencies of police officers as a factor in the effectiveness of professional activity // Modern science-intensive technologies. – 2014. – No. 4. – P. 167-168. [Electronic resource]. – Access mode: https://top-technologies.ru/ru/article/view?id=34602 (date accessed: 04.06.2024).
5. Myskin S. V. Structure and content of professional communication // Questions of psycholinguistics. – 2020. – No. 1 (43). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/struktura-i-soderzhanie-professionalnogo-obscheniya (date accessed: 04.06.2024).
6. Rodin V. F., Balashova V. A. Some problems of professional communication of a district police officer with citizens // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2023. – No. 4. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/nekotorye-problemy-professionalnogo-obscheniya-uchastkovogo-upolnomochennogo-politsii-s-grazhdanami (date of access: 04.06.2024).
7. Rodin V. F., Balashova V. A. Communication in the activities of police officers // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2020. – No. 8. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/obschenie-v-deyatelnosti-sotrudnikov-politsii (date of access: 06/04/2024).
STATE LAW
FASTOVICH Galina Gennadjevna > senior lecturer of Theory and law sub-faculty of the Institute of Law of the Krasnoyarsk State Agrarian University
ON THE ISSUE OF IMPLEMENTATION OF EVENTS IN THE HIGHER EDUCATION SYSTEM PROVIDED BY THE COMPREHENSIVE PLAN FOR COUNTERING THE IDEOLOGY OF TERRORISM FOR 2024-2028 (BASED ON THE EXAMPLE OF A AGRICULTURAL RESEARCHURAL UNIVERSITIES IN RUSSIA AT THE RESULTS OF THE 1ST HALF OF 2024 YEAR
Article analyzes Section 1 “Measures aimed at developing anti-terrorist consciousness among young people”, provided for by the Comprehensive Plan for Countering the Ideology of Terrorism in the Russian Federation for 2024-2028, approved by the President of the Russian Federation on December 30, 2023 No. Pr-2610. In the process of research, the author analyzes the events that were carried out with students in the higher education system (agricultural universities of the Russian Federation) based on the results of the first half of 2024. During the analysis, the author points out the the importance of the activities being carried out, which are measures of a preventive, educational, cultural and educational nature in order to prevent the negative worldview of students.
Keywords: comprehensive plan, anti-terrorism consciousness , youth, agricultural universities, higher education, rejection of the ideology of terrorism, law enforcement agencies.
Article bibliography
1. Comprehensive plan to counter the ideology of terrorism in the Russian Federation for 2024-2028 years, approved by the President of the Russian Federation dated December 30, 2023 No. Pr-2610: [website]. – [Electronic resource]. – Access mode: https://www.consultant.ru/ (date of access: 20.06.2024). – Text: electronic.
2. Fastovich G. G. Functioning of civil society institutions as a factor in increasing the efficiency of the state mechanism / / Law and state: theory and practice. – 2016. – No. 7 (139). – P. 51-55.
3. Kapsargina S. A. Professionally-oriented foreign language teaching as a main aspect in student’s training in non-linguistic universities // Science and education: experience, problems, development prospects: Proceedings of the int. scientific and practical conf., Krasnoyarsk, April 20-22, 2021. Vol. Part I. – Krasnoyarsk: Krasnoyarsk State Agrarian University, 2021. – P. 275- 278. – EDN CTZAOI.
4. Kapsargina S. A. Professionally-oriented foreign language teaching in non-linguistic university // Problems of modern agricultural science: materials of the international scientific conference, Krasnoyarsk, October 15, 2019. – Krasnoyarsk: Krasnoyarsk State Agrarian University, 2019. – P. 414-419. – EDN PONXEY.
5. Ryabchenok O. N., Fastovich G. G. The Internet and its impact on modern society // International Journal of Humanities and Natural Sciences. – 2019. – No. 3-1. – pp. 143-145.
POLITICS AND LAW
ZHU Yongjiu
master’s degree of the 1st course of the Faculty of Space Research of the M. V. Lomonosov Moscow State University
ABRAMOVA Svetlana Radikovna
Ph.D. in historical sciences, associate professor of Economic and legal security sub-faculty of the Institute of History and Public Administration of the Ufa University of Science and Technology
FEATURES OF THE PUBLIC-PRIVATE PARTNERSHIP BETWEEN THE CHINESE AND RUSSIAN SPACE INDUSTRIES
Space cooperation in the digital age is the main driving force behind the high-tech development of national economies. Also, equal cooperation in space is the most important factor in geopolitical stability. The relevance of the study lies in the fact that Russia and China have demonstrated a benchmark example of multipolarity and equality in space cooperation, and studying such experience is necessary for developing similar cooperation programs between other countries. The object of the study is the space industry. The subject of the study is the partnership between Russia and China. The purpose of the study is to reveal the features of the public-private partnership between China and Russia in the field of space. At the new stage of cooperation, Russia interacts with China in space technologies on an equal footing, having provided China with the technology of an early warning system for a missile attack, and China, in turn, providing Russia with appropriate assistance in the development of space technologies, and such a mutually beneficial exchange of knowledge and technology is a sign of a mature and fruitful partnership.
Keywords: strategic partnership, space weapons, militarization, geopolitics, modernization of relations.
Article bibliography
1. Akopyan A. A. Scientific and technical cooperation between Russia and China in the aerospace sphere // Russia and China: history and prospects of cooperation: Proceedings of the X international scientific and practical conference , Blagoveshchensk-Heihe, June 02–04, 2020. Volume Issue 10. – Blagoveshchensk-Heihe: Blagoveshchensk State Pedagogical University, 2020. – P. 593-599. – DOI 10.48344/BSPU.2020.21.82.084. – EDN ZEVWEM.
2. Zhdanov V. L., Antrushina K . T. Political aspects of international cooperation in space // Management consulting. – 2022. – No. 11(167). – P. 10-19. – DOI 10.22394/1726-1139-2022-11-10-19. – EDN AZJKWM.
3. Safiullina E. I. The state and prospects of cooperation between Russia and China in high-tech sectors of the economy // Economy: yesterday, today, tomorrow. – 2018. – Vol. 8. No. 2A. – P. 182-191. – EDN XSCJOP.
4. Muratova M. A., Kotelnikova T. V. Prospects for cooperation between China and the Russian Federation in the field of space exploration // Russia and China: problems of strategic interaction: collection of the Eastern Center. – 2021. – No. 24. – P. 72-76. – EDN TSHZAU.
5. Drozhashikh E. V. The Role of Russia and China in Preventing an Arms Race in Space // Russia and China: History and Prospects of Cooperation: Proceedings of the IX International Scientific and Practical Conference, Blagoveshchensk – Heihe, Tianjin, Beijing, May 20-28, 2019 / Editor-in-Chief D. V. Kuznetsov. Volume Issue 9. Part 7. – Blagoveshchensk – Heihe, Tianjin, Beijing: Blagoveshchensk State Pedagogical University, 2019. – P. 57-65. – EDN HIIMXP.
ECONOMY. LAW. SOCIETY
BURNOS Ekaterina Nikolaevna
Ph.D. in Law, founding partner of the limited liability company “Vekavi Group”
OSHUEVA Victoria Vladimirovna
Master of Law, founding partner of the limited liability company “Vekavi Group”
ABUSE OF RIGHTS BY THE CONSUMER: ON THE ISSUE OF LEGAL REGULATION
The article examines the problems of qualification of abuse of rights by consumers, an assessment is on the basis of signs of unfair consumer behavior within the framework of modern legal regulation and judicial practice. The authors consider current legislative initiatives aimed at preventing abuse by consumers. In order to ensure a balance of interests between business and consumer, a definition of the concept of “abuse of consumer rights” has been developed.
Keywords: abuse of law, unfair behavior, consumer, consumer protection
Article bibliography
1. Consumer terrorism is nothing more than an invention on the part of business [Interview with M. S. Orlov] // Law. – 2021. – No. 9. – P. 8-14.
2. Musarsky S. V. Basic views on the essence of abuse of rights in foreign and domestic civil law. – Moscow: Zertsalo-M, 2021. – 148 p.
3. Usoltsev E. Yu. Interest as a basis for qualifying abuse of rights by a consumer // Actual problems of Russian law. – 2022. – No. 12. – P. 131-139.
ECONOMY. RIGHT. SOCIETY
WANG Jianbo
Ph.D. ineconomical sciences of the Belarusian State Technical University
GLOBAL DYNAMICS IN COST MANAGEMENT STRATEGIES: ADAPTING TO CHALLENGES AND OPPORTUNITIES IN TRANSNATIONAL OPERATIONS
This paper provides a comprehensive overview of the current global dynamics in cost management, emphasizing the significant impact of transnational operations on business strategies. As globalization intensifies, companies are increasingly facing challenges that stem from operating in multiple regulatory, economic, and cultural environments. This study explores how these diverse factors influence cost management strategies, focusing on the integration of advanced technologies and evolving business models. We examine specific areas such as the role of digital transformation in cost optimization, the influence of cross-border regulatory complexities, and the strategic implementation of sustainable practices within global supply chains. Additionally, the analysis delves into the adaptation of cost management practices amidst geopolitical tensions and economic uncertainties, emphasizing the need for agile and responsive strategies that can navigate the complexities of international markets. By synthesizing current trends and predictive analytics, the paper highlights effective strategies for managing costs in a transnational context, providing actionable insights for businesses aiming to enhance their global competitiveness. The study underscores the critical role of strategic evolution in cost management frameworks as companies harness technological advancements and theoretical insights to thrive in a dynamic global landscape.
Keywords: global dynamics, cost management, transnational operations, digital transformation, regulatory complexity.
References
1.Gao, (2008). “Chinese Companies Going Global: The Operational Strategies and Communication Challenges.”
2.Hečková et al., (2019). “Cross-Border Mergers and Acquisitions as a Challenge for Sustainable Business.”
3.Katoma and Qutieshat, (2023). “A Systematic Review of Challenges Experienced by Cross Border Investments in Developing Countries. A Case of Multinational Companies Expanding into The African Region.”
4.Oppong, (2018). “Human Resource Management Transfer Challenges Within Multinational Firms.”
5.Vlachos, J., 2004. Do Regulatory Similarities Increase International Portfolio Holdings?
6.Zhang, N., Ji, L., Li, Y., 2017. Cultural Differences in Opportunity Cost Consideration.
7.Kaur, G., Singh, R., & Majumdar, S., 2019. Outsourcing and Offshoring Decisions: Joint decisions on outsourcing and offshoring, integrated with approaches like fuzzy-MCDM, help firms select the right suppliers and optimize total costs, achieving strategic goals of efficiency, exploration, and exploitation.
8.Pai, S., Banerji, K., Garza-Reyes, J.A., Lim, M., & , V., 2013. Evaluating Low Cost Countries (LCCs): Companies assess various factors to select LCCs for manufacturing operations, ranking countries like Taiwan, India, and China as top choices based on cost-effectiveness and other strategic advantages.
ECONOMY. RIGHT. SOCIETY
GUO Weishao
bachelor of the 4th course (Design, construction and operation of pipeline transport systems) of the National Research University “I. M. Gubkin Russian State University of Oil and Gas»
KRIVCHUN Natalya Arkadjevna
Ph.D. in technical sciences, associate professor of Applied mechanics sub-faculty of the Tyumen Industrial University
ECONOMIC ASSESSMENT OF MAINTENANCE AND CONSTRUCTION OF OIL AND GAS PIPELINES
Economic assessment of the maintenance and construction of oil and gas pipelines is a key stage in the design, maintenance and construction of facilities in the oil and gas industry. The object of research is the oil and gas industry. The subject of the study is an economic assessment model. The purpose of the study is to identify features and a step-by-step algorithm for economic assessment of the maintenance and construction of oil and gas pipelines. The article highlights the features of the oil and gas industry as a type of economic activity. A step-by-step process for economic assessment of the maintenance and construction of oil and gas pipelines is presented. An economic assessment of oil and gas exploration, production and refining operations, drilling and capital investment costs, production rates and operating expenses is presented. In the context of oil and gas projects, the economic assessment of oil and gas pipeline maintenance and construction provides the basis for making investment decisions and understanding the connecting stakeholder perspectives to ensure shared participation and positive financial outcomes.
Keywords: oil and gas industry, capital investments, economic model, investment project, economic scenario.
Article bibliography
1. Sokolov V. A. Digital economy of Russia and its application in the oil and gas industry of the country // Sustainable development of science and education. – 2019. – No. 5. – P. 58-62. – EDN SLZINZ.
2. Rykova I. N., Taburov D. Yu. Conceptual approaches to the definition mechanism of state financing of the real sector of the economy (on the example of the electric power and oil and gas industries) // Bulletin of Tver State University. Series: Economics and Management. – 2018. – No. 1. – P. 14-24. – EDN YWMKMY.
3. Nesterova E. V., Zhulanov E. E. Improving the risk management system of an oil and gas enterprise based on industry factors // Master’s Journal. – 2018. – No. 2. – P. 73-80. – EDN YUCXSX.
ECONOMY. RIGHT. SOCIETY
SHVETSOVA Kseniya Andreevna
Ph.D. in economical sciences, associate professor of Organization of financial, economic, logistical and medical support sub-faculty of the Academy of Management of the MIA of Russia
A MODERN APPROACH TO FORECLOSURE ON ELECTRONIC AND NON-CASH FUNDS
The article discusses the specifics of foreclosure by the enforcement authorities of the Russian Federation on the funds of a debtor-citizen. The author analyzes the legislation governing electronic money and payment systems, and also points out the advantages and disadvantages of non-cash payments. Special attention is paid to debt collection issues, including electronic money, and cases of unlawful imposition of sanctions without the knowledge of debtors.
Keywords: foreclosure, debt collection, the debtor, enforcement proceedings, compulsory execution, collection write-off, cash, electronic money, electronic payment systems, the national payment system, non-cash payments.
Article bibliography
1. Afanasyev S. F., Isaenkova O. V., Borisova V. F., Filimonova M. V. Enforcement proceedings: textbook and practical training for universities / Edited by S. F. Afanasyev, O. V. Isaenkova. – 5th ed., revised and add. – Moscow: Yurait Publishing House, 2024. – 397 p.
ECONOMY. RIGHT. SOCIETY
SAENKO Alexey Nikolaevich
junior researcher of the Institute of Africa of the Russian Academy of Sciences
FINANCING STRUCTURAL TRANSFORMATION IN AFRICA AS A FACTOR OF ECONOMIC DEVELOPMENT
The article considers such a sector of the economy as financing with the help of multilateral financial institutions and organizations. The emphasis is placed on the fact that over the past decades, multilateral financial institutions, both collectively and individually, have played a vital role in financing the economy and its development. They provided support to countries in solving major global economic problems, such as the Latin American crisis. As a result, the work identifies the role of financing in terms of supporting and strengthening economic recovery efforts in Africa, ensuring a global response during the crisis. As examples, the suspension of debt servicing on the debt crisis settlement initiative is considered, where the total allocation of a special loan amounted to the equivalent of 650 billion dollars. This measure was necessary to alleviate the financial and balance of payments problems faced by several developing countries, including Africa. The problems were mostly related to the consequences of the pandemic. While the global financial architecture (abbreviated GFA) has provided great assistance in recent decades, it has nevertheless failed to provide sufficient resources to meet Africa’s financial needs for structural transformation.
Keywords: financing, financial institutions, economy, development factors, recovery.
Article bibliography
1. Abramova I. O . Africa in the modern model of world order: a significant player or an outsider? // Contours of global transformations: politics, economics, law. – 2018. – V. 11. No. 5. – P. 6-21.
2. Fituni L. L. Science, technology and innovation in Africa: stereotypes, realities, prospects Asia and Africa today. – M., 2021. – P. 15-24.
3. African Development Bank. 2023. Climate Change and Green Growth Strategic Framework. Operationalising Africa’s Voice – Action Plan 2021–2025. Abidjan. Climate Change and Green Growth Strategic Frame-work: Operationalising Africa’s Voice – Action Plan 2021-2025.
4. African Development Bank Group – Making a Difference (afdb.org).
5. African Development Bank. n.d. Appraisal, Implementation Progress reports of selected projects. [Electronic resource ]. – Access mode: https://projectsportal.afdb.org/dataporta.
6. African Development Bank. Project Completion Reports of selected projects. [Electronic resource]. – Access mode: [Electronic resource]. – Available at: www.afdb.org/en/search/content/Completion%20repor.
7. Christiaensen, L. & Martin, W. 2018. Five new insights on how agriculture can help reduce poverty. World Bank blog. 26 July 2018.
8. CIAT, ICRISAT & BFS/USAID. 2020b. Climate-Smart Agriculture in Nigeria. CSA Country Profiles for Africa Series. Washington, D.C. 28 pp.
9. FAO, ECA (United Nations Economic Commission for Africa) & AUC (African Union Commission). 2021. Africa – Regional Overview of Food Security and Nutrition 2021: Statistics and trends. Accra, FAO. https://doi.org/10.4060/cb7496en.
10. Private Sector Development Strategy 2021 – 2025. [Electronic resource] . – Access mode: https://www.afdb.org/en/documents/private-sector-development-strategy-2021-2025 (yesthat appeal: 07/07/2024).
ECONOMY. RIGHT. SOCIETY
TAI Lihong
bachelor of the 4th year of the Institute of Industrial Management, Economics and Trade of the Peter the Great St. Petersburg Polytechnic University
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
GLOBAL ASSESSMENTS OF THE FINANCIAL POSITION OF COMPANIES IN THE CONTEXT OF GEOPOLITICAL TENSIONS
Geopolitical instability and tension have significantly influenced the formation of the modern financial landscape, changing the rules and content of global economic relations and the economic state of economic entities. The object of research is the global financial system. The subject of the study is the financial situation of an economic entity. The purpose of the study is a theoretical analysis of the global financial position of companies in conditions of geopolitical tensions within the framework of the changed financial landscape in the modern world. The article concludes that current political events are having a significant impact on geopolitical prospects, increasing the likelihood of serious escalation of conflicts in the coming year. Obviously, geopolitics has become a complex interweaving of alliances and rivalries with numerous bilateral, regional and other types of institutional groupings, which increases the likelihood of geopolitical risks throughout the year, with both negative and positive consequences for the international financial system
Keywords: geopolitics, global financial system, world trade, geopolitical instability, financial landscape.
Article bibliography
1. Stefanova N.A., Korolev A. A. Instability of the US Economy as a Driver of the New Global Financial Crisis // Fundamentals of Economics, Management and Law. – 2023. – No. 3 (38). – P. 52-57. – DOI 10.51608/23058641_2023_3_52. – EDN RCRMVJ.
2. Itakura K. Evaluating the impact of the US–China trade war // Asian Economic Policy Review. – 2020. – Vol. 15. No. 1. – P. 77-93.
3. Ford S. The New Cold War with China and Russia: Same as the Old Cold War? //Case W. Res. J . Int’l L. – 2023. – Vol. 55. – P. 423.
4. Gviliya N. A. The Impact of Economic Sanctions on the Configuration and Functioning of Corporate Supply Chains // Bulletin of the South Ural State University. Series: Economy and Management. – 2014. – Vol. 8. No. 4. – P. 164-168. – EDN TCSQEP.
ECONOMY. RIGHT. SOCIETY
SUN Xiangguo
Bachelor of the 4th year, specialty “Economy International economic relations and foreign economic activity” of the Patrice Lumumba Peoples’ Friendship University of Russia
KOVROV Vladimir Fedorovich
Ph.D. in sociological sciences, associate professor of sociology and youth work sub-faculty of the Ufa University of Science and Technology
ECONOMIC CONSEQUENCES OF POPULATION AGING FOR SOCIETY IN RUSSIA
Currently, countries with aging populations and stagnating economies are exploring various strategies for adapting to demographic changes and negative changes in the labor market, which determines the relevance of this study. The object of research is the national economy of Russia. The subject of the study is demographic economics. The purpose of the study is to highlight, using scientific theoretical methods of analysis, the economic consequences of the population aging for society in Russia. The article highlights the economic and social causes and consequences of population aging in Russia, which are comprehensively represented by various groups of negative factors. It concludes that as developed economies age over the next 15 years, it remains uncertain whether immigration will be able to fill the workforce gaps created by aging populations, or whether countries will have to generally adapt to changing demographics. These problems can create economic strain, especially when it means that a smaller proportion of the total population must bear a significant share of the costs of the social safety net.
Keywords: demographic economics, labor economics , population aging, productivity, pensions.
Article bibliographic list
1. Dakhnovskaya E. A., Allenykh M. A. Demographic aging of the population of Russia: essence, causes, consequences // Global transformation and sustainability of the economy of modern Russia: Collection of articles from the international scientific and practical conference, Sochi, October 5-8, 2022 / Edited by X.A. Konstantinidi, V. V. Sorokozherdyeva, N. V. Agazaryan. – Moscow: ANO “Research Institute for History, Economics and Law”, 2022. – P. 86-90. – EDN GZJAAL.
2. Gontmakher E. Sh. The Problem of Population Aging in Russia // Japan: Economy and Society in an Ocean of Problems / Institute of Oriental Studies of the Russian Academy of Sciences; Association of Japanologists; Japan Foundation. – Moscow: Vostochnaya Literatura, 2012. – P. 194-206. – EDN UDUIBH.
3. Bukher S. Modern Trends of Population Aging in Russia // Bulletin of the Russian Academy of Sciences. – 2016. – Vol. 86. No. 3. – P. 215. – DOI 10.7868/S0869587316030051. – EDN VRZQKZ.
4. Analysis of the activities of the organization in the hospitality sector: Textbook / A. Yu. Kretova, A. L. Skifskaya, L. L. Pavlova, O. V. Ustinova. – Tyumen: Tyumen Industrial University, 2022. – 161 p. – ISBN 978-5-9961-2903-4. – EDN PLJULU.
5. Fomenko E. I. Formation and training of personnel at the regional level // Discussion. – 2024. – No. 5 (126). – P. 205-212. – DOI 10.46320/2077-7639-2024-5-126-205-212. – EDN DDISAS.
6. Sharin V. I., Shuklina E. A. Personnel reserve of the enterprise in the conditions of labor resource shortage // Human Progress. – 2024. – Vol. 10. No. 3. – P. 15. – DOI 10.34709/IM.1103.15. – EDN JNYLYI.
PHILOSOPHY. LAW. SOCIETY
DAVYDENKO Marina Vyacheslavovna
Ph.D. in philosophical sciences, associate professor of Humanitarian sciences sub-faculty of the Moscow International University
THE PROBLEM OF ARTISTRY IN THE PHILOSOPHICAL AND AESTHETIC VIEWS OF A. BELY
The article examines the features of the philosophical and aesthetic views of A. Bely, in particular, the problem of the essence of artistry, considered by the thinker in a number of philosophical essays and articles. The lack of knowledge of this aspect of A. Bely’s philosophy of art actualizes the problems presented in the article. The author reveals the essence of A. Bely’s views on artistic value, principles and parameters of artistic assessment, which is, a number of criteria on the basis of which, within the framework of the philosopher’s concept, art should be judged.
Keywords: artistry, artistic value, criteria of artistry, theurgic aesthetics, artistic assessment.
Article bibliography
1. Kurochkina L. Ya. Development of aesthetic theory in Russia in the late 19th – first third of the 20th century (the problem of the subject, method and structure of aesthetic science): abstract of a dissertation for the degree of Doctor of Philosophy: 09.00.04. – M., 1998. – P. 9.
2. Khrenov N. A. Culture in the era of social chaos. – M.: Editorial URSS, 2002. – P. 215.
3. Berdyaev N. A. Russian spiritual renaissance of the early 20th century and the journal “Put'”: towards the decade of the path // Berdyaev N. A. Philosophy
4. Bychkov V. V. Russian theurgic aesthetics. – M.: Ladomir, 2007. – P. 8.
5. Kozhurin A. Ya. On the typology of religious aestheticism (K. N. Leontiev and P. A. Florensky) // “Vestnik of St. Petersburg State University”. – 2014. – Series 17. Issue 2. – P. 123.
6. Davydenko M. V., Cherednikova A. Yu. The problem of artistry in the philosophical and aesthetic views of P. A. Florensky. // Intelligentsia and the World. – 2023. – No. 1. – P. 79.
7. Matsar M. Art and theurgy. Vladimir Solovyov on the artistic as a special quality // Solovyov studies = Solov’evskie issledovaniya = Solovyov studies: Periodic collection of scientific works / Ed. board: M. V. Maksimov, A. P. Kozyrev, M. I. Nenashev, et al. – Issue 14. / Federal Agency for Education. – Ivanovo: Ivanovo State Power Engineering University named after V. I. Lenin, 2007. – P. 105.
8. Sugai L. And the shining arabesques shine. / Bely A. Symbolism as a worldview / Comp., introduction and notes by L. A. Sugai. – M.: Republic, 1994. – 888 p. – P. 24.
9. Bely A. Symbolism as a Worldview / Comp., introduction and notes by L. A. Sugai. – M.: Republic, 1994. – 888 p.
PHILOSOPHY. LAW. SOCIETY
IVANOVA Evgeniya Vladimirovna
Ph.D. in philosophical sciences, professor of Ontology and theory of knowledge sub-faculty of the First President of Russia B. N. Yeltsin Ural Federal University, Yekaterinburg
SVIRIDOVA Olga Vladimirovna
magister student of the 2nd year of training in “religious studies” of the First President of Russia B. N. Yeltsin Ural Federal University, Yekaterinburg
MODERN CONCEPTS OF S PIRITUALITY: THE ASPECT OF SPIRITUAL SELF-DETERMINATION OF A PERSON WITHIN THE FRAMEWORK OF TRADITIONAL RUSSIAN VALUES
The article considers the vectors of understanding spirituality in modern religious studies proposed by the Ural philosopher and religious scholar D.V. Pivovarov: cosmocentric, sociocentric, egocentric. The features of each of themhave been identified. Various approaches to understanding the spiritual self-determination of a person within the framework of these vectors of spirituality are analyzed, the author’s understanding of spiritual self-determination in the context of traditional Russian values is given. The article invites discussions on understanding the very concept of “spirituality,” the place of this concept among traditional Russian values.
Keywords: religion, spirituality, spiritual self-determination, traditional Russian values, sociocentric spirituality, cosmocentric spirituality, egocentric spirituality.
Article bibliography
1. Berdyaev N. A. Existential dialectic of the divine and human. – Moscow: Direct-Media, 2019. – 219 p.
2. Vaayman K. Spirituality. Forms, principles, approaches. Volume I / Translated from the Dutch (Series “Dialogue”). – Moscow: BBI, 2009. – 590 p.
3. Ivanova E. V., Melnikova E. V. D. V. Pivovarov: discussions about the concept of spirituality // Civility. Patriotism. Culture. Religion: collective monograph / Under the general editorship and compilation by A. A. Lisenkova, M. G. Pismanik and A. A. Subbotina; Perm. state in-t of culture. – 2023. – P. 189-190.
4. Kierkegaard S. The Unhappy One. Collected Works. – Moscow: Biblical and Theological Institute of St. Andrew the Apostle, 2011. – 368 p.
5. Orekhanov Georgy, archpriest. Spirituality: discourse and reality / G. Orekhanov, K. A. Kolkunova. – Moscow: Publishing house of PSTGU, 2017. – 152 p.
6. Pivovarov D. V. Sociocentric religions: monograph; Ministry of Education and Science of the Russian Federation, Ural. federal University. – Ekaterinburg: Publishing house of the Ural. University, 2015. – 140 p.
7. Soloviev V. S. Spiritual foundations of life. Philosophical principles of integral knowledge // B. S. Soloviev. Selected works. – Rostov-on-Don: Phoenix, 1998. – 544 p.
PHILOSOPHY. LAW. SOCIETY
ITKULOVA Leysyan Akhmetovna
Ph.D. in philosophical sciences, professor, Head of Philosophy and cultural studies sub-faculty of the Higher School of Philosophy and Sociology of the Institute of Humanitarian and Social Sciences of the Ufa University of Sciences and Technologies
VALIULLINA Zaynab Rahimyanovna
Ph.D. in philosophical sciences, associate professor of Philosophy and cultural studies sub-faculty of the Higher School of Philosophy and Sociology of the Institute of Humanitarian and Social Sciences of the Ufa University of Sciences and Technologies
PUSHKAREVA Marina Alexeevna
Ph.D. in philosophical sciences, professor of Philosophy and cultural studies sub-faculty of the Higher School of Philosophy and Sociology of the Institute of Humanitarian and Social Sciences of the Ufa University of Sciences and Technologies
THE ULTIMATE FOUNDATIONS OF THINKING AND CULTURE
The work explores the ultimate or final foundations of thinking and culture, the understanding of which is key to the analysis of human existence and social development. These foundations can be considered as fundamental principles that underlie all forms of human activity and interaction, defining ways of understanding the world and organizing social life. Life pulsates in every moment and, due to this circumstance, gives rise to creative consciousness, language and speech. The purity of a person’s thoughts, his ability to analyze the contradictions of existence is the basis of thinking. Needs, interests and motives for activity lie at the foundation of thinking and culture. A person must work creatively; after all, work forces you to think and act according to the “laws of beauty”. Creative spiritual work is the final foundation of human thought and action.
Keywords: thinking, culture, self-awareness, creativity, work, interaction between «I» and “not-I”.
Bibliographic list of articles
1. Bloch E. Tübingen Introduction to Philosophy / Translated from German by T. Yu. Bystrova, S. E. Vershinina, D. I. Kriushova. Ekaterinburg: Ural University Press, 1997. 400 p.
2. Valiullina Z. R., Lukyanov A. V., Pushkareva M. A. Spiritual value of the culture of dialogue of cultures // The culture of dialogue of cultures in a globalizing world: Collective monograph. M.: “Canon+” RROI “Rehabilitation”, 2022. 520 p.
3. Itkulova L. A. Worldview of the Bashkir Ethnos: Philosophical and Anthropological Analysis: Monograph. Ufa: RIC BashSU. 2011. 232 p.
4. Kudryashev A. F. Unity of Sciences: Foundations and Prospects. Sverdlovsk: Publishing House of the Ural. University, 1988. 184 p.
5. Kuno Fischer. Hegel. His Life, Works and Teachings. First Half-Volume. M.-L., 1933. 611 p.
6. Marx to Pavel Annenkov, December 28, 1846 // K. Marx and F. Engels. Works. Second ed. State Publishing House of Political Culture. Moscow, 1962. Pp. 401-412.
7. Rakhmatullina Z. Ya. The world is based on culture: interview with a doctor of philosophical sciences, professor, deputy of the State Duma of the FederalAssembly of the Russian Federation of the 6th and 7th convocations, Chairperson of the Council of the Assembly of the Peoples of Bashkortostan Zugura Yaganurovna Rakhmatullina // Eurasian Law Journal. 2019. No. 12 (139). P. 12-21.
8. Schelling F. V. J. The System of World Epochs: Munich Lectures of 1827-1828 as Recorded by Ernst Laso. Tomsk: Vodolay Publishing House, 1999. 320 p.
PHILOSOPHY. LAW. SOCIETY
KOCHESOKOV Robert Khazhismelovich
Ph.D. in philosophical sciences, professor, Head of Philosophy sub-faculty of the Kh. M. Berbekov Kabardino-Balkarian State University, Nalchik
BIZHEVA Agnessa Petrovna
Ph.D. in philosophical sciences, senior lecturer of Philosophy sub-faculty of the Kh. M. Berbekov Kabardino-Balkarian State University, Nalchik
KULTURBAEVA Lyubov Machrailovna
Ph.D. in philosophical sciences, senior lecturer of Philosophy sub-faculty of the Kh. M. Berbekov Kabardino-Balkarian State University, Nalchik
THE MECHANISM OF THE TRANSFORMATION OF SOVIET POLITICAL ELITE
The article reveals the mechanism of the transformation of a significant part of the Soviet political elite. It is noted that the Soviet political elite (the nomenklatura) initially had a dual nature: on the one hand, it viewed itself as managers called upon to implement the will of the people, but, on the other hand, it became the ruling class. Under these conditions, two groups gradually formed within it: one sought to become a “real” ruling class, while the other sought to limit itself to performing managerial functions. The balance of power between these groups was not constant. With the strengthening of the role of the political elite, the number and influence of the first group increases. It is noted that the change in the balance of power within the political elite occurs along two trajectories. The first trajectory is “natural”, i.e. demographic changes, namely, the coming to power of new generations of managers. The second trajectory of the transformation of the ruling elite (the nomenklatura) is associated with the inevitable strengthening of the role of politics-technologists, who are called upon to ensure the stable functioning of the political system but are incapable of the necessary and timely socio-political changes. The result is the coming to power of the first group of politicians.
Keywords: political elite, nomenklatura, perestroika, political consciousness, class, stratum, political views.
Article bibliographic list
1. Voslensky M. S. Nomenklatura. The Ruling Class of the Soviet Union. – M.: “Soviet Russia” in collaboration with MP “October”, 1991. – 624 p.
2. Gorbachev M. S. Life and Reforms / Mikhail Gorbachev. – In two books. – M.: Publishing House “Novosti”, 1995.
3. Djilas M. The Face of Totalitarianism. – Translated from Serbo-Croatian. – M.: Novosti Publishing House, 1992. – 544 p.
4. Zinoviev A. A. About Stalin and Stalinism. Name of the Century // Zinoviev A. A. Crossroads. [Electronic resource]. – Access mode: https: // 4italka.su›dokumentalnaya_literatura_main/… (date of access – 15.07.2023).
5. Kochesokov R. Kh., Bizheva A. P., Kulturbaeva L. M. Logic of the evolution of political elites // Eurasian Law Journal. – 2023. – No. 1 (176). – P. 476-477.
6. Kochesokov R. Kh., Bizheva A. P., Kulturbaeva L. M. Typology of political elites // Eurasian Law Journal. – 2023. – No. 3 (178). – P. 485-489.
7. Kochesokov R. Kh., Kulturbaeva L. M. Nomenclature as a marginal class // Peer-reviewed scientific journal “Trends in the Development of Science and Education”. – 2024. – No. 109. May (Part 6). – Publ. Scientific Center “LJournal”. – Samara, 2024. – 176 p. – P. 156-160.
8. Mokhov V. P. “Betrayal of the elites” as a social phenomenon in discussions about the collapse of the USSR // Theory and practice of social development: Scientific journal: Scientific Journal. – 2015. – No. 18. – P. 222-227. [Electronic resource]. – Access mode: http://www.cyberleninka.ru›Scientific articles›n/predatelstvo-elit-kak… (date accessed: 06.04. 2024).
9. Nikolaev A. N. Formation and transformation of the Soviet technocratic elite // Bulletin of PNIPU. Culture. History. Philosophy. Law. – 2018. – No. 2. – P. 83-95.
10. Oleynik B., Pavlov V., Ryzhkov N. Judas. Anatomy of Gorbachev’s betrayal. – M .: Eksmo, 2010.
11. Pikhoya R. G. How power was exchanged for property // Sociological sciences. – 2011. – № 8. – P. 5-11.
12. Shkaratan O. I., Figatner Yu. Yu. Old and new masters of Russia. (From power relations to ownership) // Mir Rossii. – 1992. – Vol. 1. № 1. – P. 67-90.
13. Yakovlev A. N. Omuty of memory. – M.: Vagrius, 2000. – 604 p.
PHILOSOPHY. LAW. SOCIETY
KUZMENKO Alexander Anatoljevich
Ph.D. in biological sciences, associate professor of Computer technologies and systems sub-faculty of the Bryansk State Technical University
ON THE QUESTION OF DEFINING THE SOCIO-PHILOSOPHICAL MEANING OF THE CONCEPT OF “ERGODESIGN” IN THE CONTEXT OF SOCIO-TECHNOLOGICAL DEVELOPMENT
The article highlights approaches to defining the concept of ergodesign as a young design discipline. The study analyzed a database of 520 domestic scientific publications dedicated to ergodesign over the past 30 years. Based on the studied approaches to the definition of the concept of ergodesign, groups reflecting the general, particular and singular are identified. As a result, a new definition is proposed, reflecting the features of the design of the living environment in the context of socio-technological and natural development of the world. They emphasize the importance of integrating various scientific and practical methodologies with a sociotechnological approach, which makes it possible to integrate mutually beneficial and harmonious interaction between society, the technosphere and the biosphere by means of ergodesign. The purpose of the study is to conduct a philosophical analysis of the concept of ergodesign. The results obtained emphasize the need to expand the approaches and methodologies of ergodesign in the context of socio-technological development of the world.
Keywords : ergodesign, environment, vital activity, socio-technogenic development of the world.
Article bibliography
1. Arkhipova, A. A. Innovative aspects of architectural and design solutions youth complexes // Modern directions of development of higher education: Collective monograph / Editors-in-chief A. Yu. Nagornova, T. B. Mikheeva. – Ulyanovsk: IP Kenshenskaya Victoria Valerievna (Zebra publishing house), 2019. – P. 427-437.– EDN GKHZLP.
2. Mikhailov S. M., Pavlovskaya E. E., Magazannik V. D., Zankovsky A. N. Aspects of industrial design development in Russia // Successes of modern science. – 2016. – T. 1. No. 6. – P. 111-114. – EDN WHMUNZ.
3. Barsukova N. I. On the issue of universals in artistic and design activities // Ergodesign. – 2021. – No. 1 (11). – P. 49-56. – DOI 10.30987/2658-4026-2021-1-49-56. – EDN PXDLAE.
4. Glushchenko V. V. Design thinking as a new way of innovation in traditional industries // Modern scientific research and innovation. – 2022. – No. 12 (141). – EDN CWSXRJ.
5. Glushchenko V. V. Development of the national ecosystem of higher professional education and mentoring in the period of the digital economy // International research journal. – 2022. – No. 7 -3 (121). – P. 85-95. – DOI 10.23670/IRJ.2022.121.7.092. – EDN KJDALC.
6. Golubeva I. E., Galanina O. V. Modeling of ergodesign of electrical appliances // Problems of Energy and nature management. issues of life safety and ecology: collection of materials of the international scientific and practical conference, Bryansk, September 22-23, 2010 / Under the general editorship of Markaryants L. M. – Bryansk: Publishing House of Bryansk State Agricultural Academy, 2010. – P. 74-76. – EDN VUKNRD .
7. Golubchikova A. V., Movshovich P. M. Modern ergodesign in adaptive sewing products for children with disabilities // Project culture and quality of life. – 2015. – No. 1. – P. 182-201 . – EDN YTZOAG.
8. Zadesenets E. E., Chaynova L. D., Yablokova E. A. Acmeological approach to training specialists in the field of ergodesign through the system of additional education // Acmeology. – 2007. – No. 1 (21). – P. 44-50. – EDN PXMQUD.
9. Zarakovsky G. M. Design of the functional structure of the user’s activity of products: role in design, methodology // Design Review. – 2008. – No. 1-2. – P. 6-14. – EDN NDHROP.
10. Zubok E. V. The role of somatographic analysis in design engineering // Vestnik SIMBiP. – 2016. – No. 1. – P. . 46-55. – EDN XRJCFX.
11. Kantaryuk, M. V. The role of ergonomics in the design of the production environment // Student community and modern science: materials of the All-Russian scientific and practical conference of students, graduate students and young scientists, Yelets, April 08, 2021. Volume Issue 7. – Yelets: Yelets State University named after I. A. Bunin, 2021. – P. 450-454. – EDN MOSMYN.
12. Klyuchnikova V. M., Roshchupkina D. V., Kostyleva V. V. Quantitative assessment of conditional developments of the lateral surface of the pads // Design and technology. – 2018. – No. 65 (107). – P. 36-39. – EDN YLVIWT.
13. Kuvshinova G. A. Reorganization of the system of higher professional education in the field of design (70-90s of the XX century) // Science and innovation – modern concepts: Collection of scientific articles based on the results of the International Scientific Forum , Moscow, November 16, 2023. – Moscow: OOO Infiniti, 2023. – P. 48-53. – DOI 10.34660/INF.2023.86.91.261. – EDN WKWZNU.
14. Kuzmenko A. A. Philosophical Understanding the formation of the phenomenon of ergonomics and the principles of ergonomic design (ergodesign) of tools during the period of collective society // Eurasian Law Journal. – 2023. – No. 10 (185). – P. 381-384.r> 15. Kumashkova A. A., Terekhova N. Yu., Kolegov A. A. [et al.] Ergodesign as a semantically conditioned integration of design and ergonomics // The Future of Mechanical Engineering in Russia 2022: collection of reports. XV All-Russian Conference of Young Scientists and Specialists (with international participation), Moscow, September 21–24, 2022. Vol. 1. – Moscow: Bauman Moscow State Technical University Publishing House, 2023. – Pp. 284–288. – EDN KCTLYL.
16. Nazarova S. A., Gorbunova S. I., Zakharchuk M. G. Ergonomic Support for Environmental Design of Residential Premises // IrSTU Youth Bulletin. – 2020. – Vol. 10. No. 2. – Pp. 25–30. – EDN NVHMPP.
17. Rykova E. S., Lysenko A. A., Konareva Yu. S. Bionics as an ergodesign tool // Ergodesign as an innovative technology for designing products and subject-spatial environment: inclusive aspect: Collection of scientific papers. Volume Part 2. – Moscow: Federal State Budgetary Educational Institution of Higher Education “A. N. Kosygin Russian State University (Technologies. Design. Art)”, 2019. – P. 47-52. – EDN PIUQRZ.
18. Ryabov O. R. Anti-criminal design of the subject-spatial environment of the city // Vestnik VEGU. – 2014. – No. 1 (69). – P. 97-100. – EDN RVOPEX.
19. Solovieva N. N., Larina E. A. Ergodesign – an innovative direction in design // Music and art education: experience, traditions, innovations: collection of scientific articles, Cheboksary, October 14, 2016. Volume Issue 1. – Cheboksary: Chuvash State Pedagogical University named after I. Ya. Yakovlev, 2016. – P. 19-22. – EDN XFEFEX.
20. Chainova L. D., Nazarova K. A., Chainov V. I. The concept of functional comfort of a working person – a theoretical basis for modern ergodesign // Bulletin of the Russian State University for the Humanities. Series: Psychology. Pedagogy. Education. – 2015. – No. 1 (144). – P. 125-133. – EDN VNVNTR.
21. Chainova L. D. Ergonomics in solving the problems of humanization of the urban environment // Design Review. – 2012. – No. 1-2. – P. 11-22. – EDN PHGWTP.
22. Kukushkina V. A., Kantaryuk E. A., Kantaryuk M. V., Kiselev E. A. Ergodesign in socio-cultural design // Development of personal creativity in a modern multicultural space: collection of materials from the International scientific and practical conference, Yelets, April 25, 2019 / Ed. M. V. Klimova and V. A. Maltseva. – Yelets: Yelets State University named after I. A. Bunin, 2019. – P. 457-460. – EDN GYZAZT.
23. Dekker, Hancock, Wilkin 2013 – Dekker, S. W., Hancock, P. A., & Wilkin, P. Ergonomics and sustainability: towards an embrace of complexity and emergence // Ergonomics, 2013. – No. 56 (3). – P. 357-364.
24. Garcı´a-Acosta, Saravia, Romero, Lange-Morales 2014 – Garcı´a-Acosta, G., Saravia M. H., P. Romero A., and Lange-Morales K. “Ergoecology: Fundamentals of a New Interdisciplinary Field.” // Theoretical Issues in Ergonomics Science, 2014. – No. 15 (2). – P. 111-133. doi:10.1080/1463922X.2012.678909.
25. Thatcher, Garcı´a-Acosta, Lange-Morale 2013 – Thatcher, A., Garcı´a-Acosta G., and Lange-Morales K. “Design Principles for Green Ergonomics.” In Contemporary Ergonomics and Human Factors, edited by M. Anderson. – London: Taylor & Francis, 2013. – P. 319-326.
26. Wilkin 2010 – Wilkin, P. The ideology of ergonomics // Theoretical Issues in Ergonomics Science, 2010. – No. 11 (3). – P. 230-244.
27. Zink 2014 – Zink, K. J. Designing sustainable work systems: the need for a systems approach. Applied Ergonomics, 2014. – No. 45 (1). – P. 126-132.
PHILOSOPHY. RIGHT. SOCIETY
MAGARAMOV Magarram Dzhabrailovich
Ph.D. in philosophical sciences, professor, leading researcher of the Regional Center for Ethnopolitical Research (RCEI) of the Dagestan Federal Research Center (DFIC) of the Russian Academy of Sciences (RAS), Makhachkala
VELIEV Omar Velikhanovich
Ph.D. in philosophical sciences, associate professor of Philosophy sub-faculty of the Dagestan State University, Makhachkala
KARAEV Isravil Ibadullakhovich
competitor for the academic degree of Ph.D. in sociological sciences
FROM NATIONAL DEVELOPMENT GOALS TO THE IDEA OF THE SAFE EXISTENCE OF RUSSIAN SOCIETY AND THE STATE
Using dialectical methodology, the principle of ascending from the abstract to the concrete, an attempt has been made to succinctly analyze the goals and objectives of the development of the main spheres of life of Russian society and the state for the period up to 2036. This work was carried out based on the current Decree of the President of the Russian Federation dated 07/05/2024, which allows us to take our country to a completely new height in consonance with the process of ensuring the security of Russian society and the state.
Keywords: national development goals, economic structure of people, support for family, motherhood and childhood, R&D, venture technologies and their imp.lementation in the production process, training, retraining and advanced training of workers, improving the living standards of fellow citizens, ensuring the security of society and the state, etc.
Article bibliographic list
1. Decree of the President of the Russian Federation dated May 7, 2024 «On the national development goals of the Russian Federation for the period until 2030 and for the future until 2036» // Rossiyskaya Gazeta. 2024. May 7.
Article bibliographic list
1. Decree of the President of the Russian Federation dated May 7, 2024 «On the national development goals of the Russian Federation for the period until 2030 and for the future until 2036» // Rossiyskaya Gazeta. 2024. May 7.
PHILOSOPHY. RIGHT. SOCIETY
POZDYAEVA Svetlana Mikhaylovna
Ph.D. in philosophical sciences, professor, professor of Philosophy and cultural studies sub-faculty of the Higher School of Philosophy and Sociology Institute of Humanities and Social Sciences of the Ufa University of Science and Technology
TRENDS AND DIRECTIONS OF INSTABILITY IN MODERN SOCIETY: ANALYSIS OF IMPACT ON THE HUMAN IN THE 21ST CENTURY
The article is dedicated to the study of social changes that affect a person in the 21st century. It analyzes such trends and directions of social development as: globalization, challenges of digital society, transformation of human activity, revival of myth-making, changes in the social structure, formation of risk-oriented consciousness. The author comes to the conclusion that it is necessary to take into account the social consequences of these trends, since ignoring them can lead to even greater instability in the life of both an individual and society as a whole.
Keywords: unstable society, development trends, globalization, informatization, myth-making, social structure, risk.
Article bibliography
1. Algin A. P. Risk and its role in social life. – Moscow: Mysl, 1989. – 187 p.
2. Bauman Z. Liquid modernity. – St. Petersburg: Piter, 2008. – 238 p.
3. Beck. U. Risk society. Towards Another Modernity / Translated from German by V. Sedelnik and N. Fedorova; Afterword by A. Filippov. – M .: Progress-Tradition, 2000. – P. 105.
4. Bresler M. G. Production activity of the cognitariat of generation Z // Modern socio-humanitarian technologies, traditions and innovations: collection C56 of materials of the All-Russian scientific and practical conference (Ufa, November 16-23, 2023) / Ed. N. M. Lavrenyuk-Isaeva. – Ufa: RIC UUNiT, 2023. – 258 p.
5. Zabralova O. S. Crisis of the welfare state: causes and ways out // Bulletin of the O. E. Kutafin University (MSAL). – 2022. – No. (8). – P. 39-45.
6. Zinnatullina Yu. Sh., Pozdyaeva S. M. Myth-making in Russia. – Ufa: RIC BashSU, 2016. – 152 p.
7. Inozemtsev V. L. Split civilization: Systemic crises of the industrial era // Questions of philosophy. – 1999. – No. 5. – P. 3-18.
8. Kemerov V. E. Introduction to social philosophy. – M .: Academic Project, 2001. – 316 p.
9. Mozgovaya A. V. Adaptation strategies to various types of risks // Sociological science and social practice. – 2020. – Vol. 8. No. 3. – P. 32-46.
10. Peccei A. Human qualities. – M.: Progress Publishing House, 1980. – 302 p.
11. Pozdyaeva S. M. Russia as a Social State: Myth or Reality? // On the Eternal and the Transient: Collection of Scientific Articles. Issue 11 / Ed. R. Kh. Lukmanova. – Ufa: BashSU RIC, 2020. – 88 p.
12. Ryazantsev S. and Ryazantsev N. Migration of “Digital Nomads”: Global Trends and Positions of Countries // World Economy and International Relations. – 2024. – Vol. 68. No. 2. – Pp. 116-126.
PHILOSOPHY. LAW. SOCIETY
TUARMENSKIY Vladimir Viktorovich
Ph.D. in pedagogical sciences, associate professor of Philosophy and history sub-faculty of the Academy of Law and Management of the FPS of Russia in Ryazan
PECHERSKIY Daniil Vadimovich
student of the Institute of Training of State and Municipal Employees of the Academy of Law and Management of the FPS of Russia in Ryazan
MURADOV Raul Firdovsievich
student of the Institute of Training State and Municipal Employees of the Academy of Law and Management of the FPS of Russia in Ryazan
AFANASJEV Egor Vyacheslavovich
student of the Institute of Training of State and Municipal Employees of the Academy of Law and Management of the FPS of Russia in Ryazan
THE LEGAL THESAURUS OF PENITENTIARY HERMENEUTICS: A THEORETICAL AND METHODO-LOGICAL STUDY
The presented research is determined by the author’s approach to the construction of an innovative type of legal hermeneutics – penitentiary. In the context of the article, the au-thors compiled a conceptual construction using a theoretical and methodological tool, and also identified a set of ways to interpret the penitentiary hermeneutics. As a result, it was possible to propose a new branch of the epistemological apparatus of philosophical and legal thought, which has a specific departmental (penitentiary) orientation. In the course of pre-senting the material, the authors of the study came to the conclusion that penitentiary her-meneutics is individualized only in the context of a terminological equipment, and from the standpoint of methodology, it is equivalent to the general and legal theory of interpretation. Therefore, the methods of interpretation of penitentiary hermeneutics require reformatting within the framework of a unique methodological system.
Keywords: methodology, penitentiary hermeneutics, legal thesaurus.
Article bibliographic list
1. Schleiermacher Fr. Werke: Auswahl in vier Bänden. Bd. 4. – B., 1911.
2. Gulik A. G. Theoretical and legal analysis of the features of hermeneutics in criminal-executive law // Bulletin of the Kuzbass Institute. – 2017. – No. 4 (33). – P. 34-38.
3. Alekseev S. S. Law: ABC – Theory – Philosophy. Experience of a comprehensive study. – M.: Statut, 1999. – 712 p.
4. Aristotle. On Interpretation // Aristotle . Works in 4 volumes, Vol. 2. – M.: Mysl. 1978. – P. 91-116.
5. Gadamer H.-G. Truth and Method: Foundations of Philosophical Hermeneutics: Trans. from German / General ed. and introduction by B. N. Bessonov. – M.: Progress, 1988. – 704 p.
6. Syrykh V. M. Hermeneutic circle as a methodological dead end // Modern research methods in jurisprudence / Ed. . N. I. Matuzova, A. V. Malko. – Saratov, 2007. – 560 p.
7. Malinova I. P. Philosophy of Law and Legal Hermeneutics: monograph. – Ekaterinburg, 2017. – 200 p. .
8. Schleiermacher F. Hermeneutics. – St. Petersburg: “European House”. 2004. – 242 p.
PHILOSOPHY. RIGHT. SOCIETY
CHUDINA-SHMIDT Natalya Vitaljevna
Ph.D. in philosophical sciences, associate professor of Humanitarian and social-economic disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, Simferopol
PECULIARITIES OF BEHAVIOR OF AN EXTREME SUBJECT IN CRISIS, EMERGENCY AND EXTREME SITUATIONS
The article defines an extreme subject as a person prone to displaying social activity of both positive and negative vectors, analyzes the types of extreme subjects, and discusses the peculiarities of the behavior of an extreme subject in different situations that may happen to him: crisis, emergency and extreme. An understanding is given that, depending on the type of extreme subject and the situation he is faced with, the form and type of behavior will have cardinal features both at the level of intrapersonal existence and at the level of external social behavior.
Keywords: extreme subject, crisis, emergency, extreme situation, behavior, reaction, action.
Article bibliography
1. Gostushina A. V. Man in extreme situation. – M.: Armada-press, 2001 – 382 p.
2. Kovaleva A. I. Socialization of personality: norm and deviation. – M.: Publishing house “Norma”, 1996. – 223 p.
3. Konopleva A. A. Communicative space of contemporary art // Scientific notes of the V. I. Vernadsky Tauride National University. – 2013. – V. 26. No. 4 (65). – P. 233-238.
4. Konopleva A. A. Radical manifestations in culture // In the collection: theoretical and practical issues of science in the 21st century. Collection of articles International scientific and practical conference. Editor-in-chief: Sukiasyan A. A. – 2015. – P. 109-111.
5. Krasikov V. I. Extreme: Interdisciplinary philosophical study of the causes, forms and patterns of extremist consciousness. – M. : Vodolay Publishers, 2006. – 496 p.
6. Sundiev I. Yu. Extreme and extremism of modern Russia. [Electronic resource]. – Access mode: www.dynacom.ru/content/articles/374
7. Chudina N. V. Homo extremality – a man of the XXI century // Scientific notes of the Tauride National University named after V. I. Vernadsky. – 2014. – T. 27. No. 1-2 (66). – P. 99-104.
8. Chudina-Schmidt N. V. The influence of extreme sportsmen on the development of modern society // Historical, philosophical, political and legal sciences, cultural studies and art criticism. Theoretical and Practical Issues. – 2016. – No. 4-2 (66). – P. 212-214
9. Chudina-Schmidt N.V. Extreme Manifestations as a Problem of Modern Society // Eurasian Law Journal. – 2018. – No. 9 (124). – pp. 493-495.
PHILOSOPHY. RIGHT. SOCIETY
SHAKHMAMEDOV Karim Anvarovich
master of Islamic Law, Ph.D. candidate of the Bulgarian Islamic Academy
THE ROLE OF THE ISLAMIC CONCEPT IN THE PRESERVATION OF THE FAMILY AND THE FAMILY TREE
The modern approach to thefamily often sees it as a link in the chain of reproduction and culture rather than as an end in itself. With this approach, the importance of the family as the primary institution for the reproduction of generations can be significantly reduced. Moreover, in the current context, it is clear that the rapid development of technology does not always benefit the family. For the first time in history, we began to discuss posthumanism as a natural consequence of the “end of man” philosophy, the increasing dominance of machines, and the assertion that the world would be a better place without people. Such research continues the philosophy of the “ends”, making the preservation of man an urgent scientific necessity. This work focuses on the Islamic concept of the family as the main institution for the preservation of the human race and the reproduction of generations.
Keywords: family, person, Islam, genus, preservation.
Bibliographical list of articles
1. ‘Ala ad-Din, Abu Bakr al-Kasani. Badai’ al-Sanai’ fi tartiib al-Shara’i’. Dar al-Kutub al-‘Ilmiyya. – Ed.: 1. 1327 – 1328
2. Abd an-Nasir Toufik al-‘Attar. Ta’addud az-zawjat min an-nawahi ad-diniya wa-l-ijtima’iya wa-l-qanuniya, 1972. – 360 pp.
3. Abu ‘Isa at-Tirmidhi. Al-Jami‘ al-Kabir “Sunan at-Tirmidhi”. – Gift of ar-Risala al-‘Alamiya. al-tab’a: al-ulya, 2009
4. Abu Daud at-Tayalsi. Musnad Abi Daoud at-Tayalsi. Gift of Hijr. – Misr. at-tab’a: al-ulya, 1999
5. Abu Ja’far Muhammad ibn Jarir at-Tabari. Jami’ al-Bayan ‘an Ta’wil Ayy al-Quran. Dar Hijr, al-Qahira, Misr, (1), 1422 AH. – 2001 m. (in Arabic)
6. Abu Ishak Ibrahim al-Shatibiy. Al-Muafakat. – Dar Ibn Affan, ed. 1, 1997.
7. Az-Zubaidi Abu al-‘Abbas Ahmad ibn ‘Abd
al-Latif. Mukhtasar Sahih al-Bukhari. In 2 volumes / Az-Zubaydi. – Almaty: TOO “Kausar-sayakhat”, 2013. II volume – P. 160-161.
8. Antonova A. I. Sociology of the family: textbook / Ed. by prof. . – 2nd ed., corrected. – Moscow: INFRA-M, 2023. – 637 p.
9. Ahmad Abu al-Qasim Ahmad. Mawdu’ an-nasab fi ash-shari’a wa al-qanun . Dar al-Qalam li-an-nashr. – Al-Kuwait. 1983. – 522 p.
10. Zhilinskaya M. S., Ivanova E. A. The influence of family education on the process of formation of Russian civil identity in children // Psychological health and personality development in the modern world: Proceedings of the II All-Russian (with international participation) of the scientific and practical conference, Blagoveshchensk, November 25-26, 2021. – Blagoveshchensk: Amur State University, 2022. – P. 277-283.
11. Ibn Ashur, Muhammad at-Tahir. Maqasid ash-Shari’ and al-Islamiyya. Wazarat al-Awqaf wa-sh-Shuun al-Islamiyya, Qatar, 2004
12. Ibn Ashur, Muhammad at-Tahir. Tahrir al-Ma’ani as-Sadid wa-Tanvir al-‘Aklil-Jadid min Tafsir al-Kitab al-Majid. ad-Dar at-Tunisiyya lil-Nashr, 1984.
13. Nemov R. S. Psychology : in 3 books. – 4th ed. – M.: Humanitarian publishing center VLADOS, 2003. – Book 1: General foundations of psychology. – 688 p.
14. Objectives of Sharia: (a guide for beginners) / Jasser ‘Auda; trans., notes and introduction by K. Gasimova; International Institute of Islamic Thought, IDRAK Public Society. – M.: Publ. Marjani House, 2015. – 192 p.
15. Bukhalova N. A. Synergetic approach to the study of family transformation // ANI: pedagogy and psychology. – 2016. – No. 3 (16). – P. 336-339. (336-337). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sinergeticheskiy-podhod-k-issledovaniyu-transformatsii-semi (date of access: 05/22/2024).
16. Vereshchagina A. V., Samygin S. I. Crisis of the traditional family and alternatives for the development of the family institution in Russia: theoretical analysis from the standpoint of the synergetic paradigm // IVD. – 2014. – No. 3. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/krizis-traditsionnoy-semi-i-alternativy-razvitiya-instituta-semi-v-rossii-teoreticheskiy-analiz-s-pozitsiy-sinergeticheskoy-paradigmy-1 ( access date: 15.05.2024).
PHILOSOPHY. LAW. SOCIETY
AKIMOVA Dariya Sergeevna
postgraduate student of Philosophy sub-faculty of the Faculty of History, Philosophy and Law of the Omsk State Pedagogical University
VARIANTS OF THE EXISTENCE OF THE DESIRED COUNTRY IN THE ETHNOGRAPHY OF THE SLAVS
Desired countries and cities are of interest to study in the philosophy of culture, because they contain knowledge accumulated over many centuries, as well as folklore and mythology. These places also have a legendary foundation that makes them unique and attractive to researchers of mythological knowledge, which was subsequently lost. Magical texts are focused on the direct impact and preservation of the ritual principle, including certain movements and the use of objects. The fairy tale has preserved sacred information about sacred cities, magical places, but has undergone a transformation. The article hypothesizes that ancient people lived in a sacred landscape, or near places that elevated them above everyday life and show us their developed spiritual culture, as well as confirmed the natural science knowledge of their ancestors. They comprehended the depth of human interaction with the forces of nature and the cosmos. After the adoption of Christianity, the descendants moved to temples built on the site of old temples, and received new saints with the functions of pagan gods. The temple also has a certain canonical structure and reflects the Kingdom of God on Earth. Sacred otherness is perceived as the achievement of an enlightened spiritual state and absolute righteousness. Staying in this state, hidden from view, is an important component of the legends of the Kitezh saints. Mysterious rituals such as burning candles, ringing bells, prayer singing and divine services conducted according to ancient charters are sacred signs and symbols of the transcendental mystery.
Keywords: the desired country, ethnography, Slavic ethnography , mythical cities, fairy tales, far away kingdom, conspiracies, rituals, places of power, magic.
Article bibliography
1. Anikin V. P. Folklore as a collective creativity of the people. Russian folklore. Anthology on folklore. – M.: Higher school, 2023.
2. Budge E. W. Legends of the Egyptian gods. – M.: Refl-book; K.: “Vakler”, 2022.
3. The Great Soviet Encyclopedia / Edited by A. M. Prokhorov. – M.: Soviet Encyclopedia, 1974. – T. 1.
4. Gamzatova P. R. Other-being space in the systems of traditional culture and art (universal model, cognitive aspects) // Traditional Culture. – 2017. – No. 1 .
5. Grechishnikov S. E. Magic as a socio-cultural phenomenon. – Kaluga: GUP “Oblizdat”, 1999.
6. Grigorenko A. Yu. All areas of magic. – M.: Sovetskaya Rossiya, 1987.
7. Levi-Strauss K. Primitive thinking. – M.: TERRA-Book Club, Republic, 1999.
8. Lotman Yu. M. History and typology of Russian culture. – SPb.: Art of St. Petersburg., 2002. Lotman Yu. M. Semiotics of Culture // Works. Article: in 3 volumes. – Tallinn: Alexandra, 1992. – Volume 1.
9. Malinovsky B. A . Magic, Science and Religion. – M.: Refl-book, 1998.
10. Naidysh V. M. The Devil’s Advocate. On the 150th Anniversary of John Fraser / Man. – 2004. – No. 5.
11 . Petrov A. V. Evolution of magic on the way to mastering it by Platonic philosophy // Materials and research. to the history of Platonism. – St. Petersburg, 2000. – v. 3.
12. Tokarev S. A. Early forms of religion.- M.: Politizdat, 1990.
13. Fraser J. The Golden Bough. – M.: Refil-book, 1995.
14. Eliade M. The Myth of Eternal Return. – M.: Ladomir, 2000.
References
1. Anikin, V.P. Folklore as collective creativity of the people. Russian folklore. Reader on folklore. – M.: Higher School, 2003.
2. Budge E. U. Legends of the Egyptian gods. – M.: Refl-book; K.: “Vakler, 1997.
3. Eliade, M. The myth of eternal return. – M.: Ladomir, 2000.
4. Frazer James. The Golden Bough. – M.: Refil-book , 1995.
5. Gamzatova P. R. Inobytiynoe space in the traditional culture and art systems (universal model, the cognitive aspects) // Traditional Culture – 2007. – No. 1.
6. Great Soviet Encyclopedia / Ed. A. M. Prokhorov. – M.: Soviet Encyclopedia, 1974. – T. 1.
7. Grechishnikov, S.E. Magic as a sociocultural phenomenon. – Kaluga: SUE Oblizdat, 1999.
8. Grigorenko, A.Y. magic. – M.: Soviet Russia, 1987.
9. Levi-Strauss C. primitive thinking. – M.: TERRA-Book Club, Republic, 1999.
10. Lotman Y. M. The history and typology of Russian culture. – St.: The Art of St. Petersburg., 2002.
11. Malinowski B. A. Magic, science and religion. – M.: Refl-book, 1998.
12. Naydysh, V.M. Devil’s Advocate. The 150th anniversary of John Fraser / Man. – 2004. – No. 5.
13. Petrov A. V. Evolution of magic on the road to mastering its Platonic philosophy // Materials and research. On the history of Platonism. – St., 2000. – Vol. 3.
14. Tokarev S. A. Early forms of religion. – M.: Politizdat, 1990.
PHILOSOPHY. RIGHT. SOCIETY
DYACHENKO Andrey Nikolaevich
postgraduate student of the Transbaikal State University, Chita
SOCIAL AND PHILOSOPHICAL FEATURES OF INTERGROUP RELATIONS The article analyzes the essence of intergroup relations from the position of social philosophy and formulates the concept of “intergroup relations”. The features of social stereotypes that arise among members of one small group relative to another have been identified, which can lead to the emergence of unjustified aggression due to the existence of negative stereotypes. The article concluded that some stereotypes may be false or erroneous due to a lack of information, which leads to negative consequences affecting intergroup relations. The article also draws conclusions regarding the characteristics of social surfing and its importancefor the formation of intergroup relations, including highlighting the negative consequences of social surfing.
Keywords: intergroup relations, social stereotypes, aggression in intergroup relations, personal mobility, social surfing.
Article bibliography
1 Buber M. You and I. – M.: Penguin, 2023. – 100 p.
2 Verzhibok G. V. Social surfing as an indicator of probing the value sphere and mentality of young people // Social and psychological problems of mentality/mentality. – 2021. – No. 17. – P. 32-41.
3 Giddens E. The structure of society: An essay on the theory of structurization. – M.: Academic project, 2003.
4 Grishina N. V. Psychology of conflict. – SPb.: Piter, 2001. – 464 p.
5 Kamalova O. M. Stereotypes and Stereotype Formation in Interpersonal and Intergroup Relations // Psychology and Psychotechnics. – 2023. – No. 1.
6 Lippman U. Public Opinion / Translated into English by T. V. Barchunov; edited by K. A. Levinson, K. V. Petrenko. – M.: Institute of the Public Opinion Foundation, 2014. – 384 p.
7 Logvinov I. N., Sarychev S. V., Logvinova M. I., Logvinova T. I. Social and Psychological Approaches to the Study of Youth Subcultures in Russia // Scientific Notes. – 2014. – No. 2 (30). – P. 97-106.
8 Stefanenko T. G. Ethnopsychology. – M.: Institute of Psychology of the Russian Academy of Sciences, 1999. – 320 p.
9 Subbotina N. D. The concept of “social”, “asocial”, “antisocial” // Philosophical sciences. – 2016. – No. 11. – P. 108-121.
10 Trusevich N. E. Intergroup positional contradictions and conflicts in organizational structures of management of printing enterprises // Proceedings of BSTU. – 2013. – No. 8. – P. 55-58.
11 Filioglo L. D. Presentative aspect of the activities of youth initiative groups in the social environment // Azimuth of scientific research: pedagogy and psychology. – 2014. – No. 4. – P. 128-131.
12 Hollicher V. Man and aggression. Z. Freud and K. Lorenz in the light of Marxism. – M.: Progress, 1975. – 131 p.
13 Yangirova S. M. Social stereotypes as a mechanism of the identification process // Social and humanitarian knowledge. – 2011. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sotsialnye-stereotipy-kak-mehanizm-protsessa-identifikatsii.
14 Miller N. E. The frustration-aggression hypothesis // Psychological Review. – 1941. – No. 48. – R. 337-342.
15 Tajfel N. Social categoriazation, Social identity and Social // Comparison / Differentiation between Social groups. – London. 1978. – P. 146-156.
PHILOSOPHY. RIGHT. SOCIETY
KLYUCHKOVA Elena Yurjevna
competitor of UNESCO sub-faculty of the Institute of Public Administration and Management of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation, lecturer of Musical sound engineering sub-faculty of the Moscow Financial and Industrial University “Synergy”
PHILOSOPHICAL REFLECTION ON THE FORMATION OF A IMAGE IN THE ACTIVITY OF A SOUND ENGINEER
The article examines the specifics of the application of the concept of “sound image” in sound engineering by means of philosophical reflection. The purpose of the analysis is to identify the peculiarities of the transformation of the concept of “image” and the formation of the concept of “sound image” in audiovisual works characteristic of screen arts. Understanding the process of formation and development of the sound image included consideration of the positions of philosophers in historical retrospect.
Keywords: image, creativity, sound image, sound, sound engineering, sound engineering activity, audiovisual product.
Article bibliography
1. Gostev A. A. The figurative sphere of man in the cognition and experience of spiritual meanings. – M.: Institute of Psychology of the Russian Academy of Sciences, 2001. – 189 p.
2. Mochalova I. N. Plato’s doctrine of ideas in the context of early academic discussions // Platonic collection I. Supplement to the Bulletin of the Russian Christian Humanitarian Academy. – 2013. – Vol. 14. – P. 207-230.
3. Plato. The State / Plato. Works in four volumes // Under the general editorship. A. F. Losev and V. F. Asmus; Transl. from ancient Greek. – SPb.: Publishing house of St. Petersburg University; “Oleg Abyshko Publishing House”, 2007. – Vol. 3. Part 1. – Pp. 97-493. – ISBN 978-5-903525-06-5.
4. Plato. Sophist / Plato. Works in four volumes // Under the general editorship of A. F. Losev and V. F. Asmus; Transl. from ancient Greek. – SPb.: Publishing house of St. Petersburg University; “Oleg Abyshko Publishing House”, 2007. – Vol. 2. – Pp. 329-412. – ISBN 978-5-9900890-4-4.
5. Kugler P. Mental images as a bridge between subject and object // Cambridge handbook of analytical psychology. – Moscow: Dobrosvet, 2000. – P. 113-135.
6. Solso R. Cognitive psychology. – 6th ed. – St. Petersburg: Piter, 2006. – 589 p: ill. – (Series “Masters of Psychology”). ISBN 5-94723-182-4
7. Kondrashin P. K. Notes of a sound engineer // The birth of a sound image: (Artistic problems of sound recording inscreen arts and on the radio) / Comp. E. M. Averbakh. – M.: Art, 1985. – P. 137-152.
8. Korganov T., Frolov I. Cinema and Music: Music in Film Drama [Text]. – M.: Art, 1964. – 352 p.
9. Ioffe I. I. Music of Soviet Cinema [Text]: Fundamentals of Musical Drama. – Leningrad: State Musical Institute, 1938. – 168 p., 9 incl. p. ill.: notes.
10. Nazaikinsky E. V. On the Psychology of Musical Perception [Text]. – M.: Music, 1972. – 384 pp.
PHILOSOPHY. RIGHT. SOCIETY
LATYPOVA Aigul Robertovna
competitor of Philosophy and cultural studies sub-faculty of the Higher School of Philosophy and Sociology Institute of Humanities and Social Sciences of the Ufa University of Science and Technology
THE SPIRITUAL PREREQUISITES OF PEOPLE’S ORGANIZATIONAL ACTIVITY
The article analyzes the spiritual prerequisites of organizational activity of people, the ultimate foundations of this activity. Based on the study of uneven development in the technical basis and superstructure of the social system, the author sets the goal of considering the foundations of organizational activity, its interests and motives. The novelty of the presented work consists in substantiating the thesis, according to which the orientation of the social system towards the formation of spiritual existence makes it possible to strengthen the elastic structure of social and historical time, and thereby overcome the emotional burnout of people. The orientation of society towards spiritual and intellectual work makes it possible to form the cultural component of life in the organizational activity itself, strengthen the harmony between human thought and action, and increase the role of creative spiritual work in public life.
Keywords: the spiritual prerequisites of organizational activity, the idea of limiting bases, uneven development of the base and superstructure, spiritual existence, dialectics, elastic time structure, spiritual work, harmony between thought and action.
Article bibliography
1. Lukyanov A. V., Pushkareva M. A., Bikmetov E. Yu., Valiullina Z. R., Vychuzhanova L. K. Dialectics as a metaphysics of the future in the context of considering the idea of \u200b\u200bthe “I” // Eurasian Law Journal. – 2022. – No. 3 (166). – P. 504-507.
2. Bloch E. Tübingen Introduction to Philosophy / Translated from German by T. Yu. Bystrova, S. E. Vershinina, D. I. Kriushova. – Ekaterinburg: Ural University Press, 1997. – 400 p.
3. Kant I. Critique of Pure Reason. Translated from German by N. Lossky, verified and edited by Ts. G. Arzakanyan and M. I. Itkin; Note by Ts. G. Arzakanyan. – M.: Mysl, 1994. – 591 p.
4. Girndt H. Girndt H. The “I” Whose Concepts Are the Generalizations of the Social Sciences in the History of the Social Sciences from 1804 // Fichte-Studien. Bd. 10/ Amsterdam – Atlanta, Ga, 1997. S. 324.
5. Merton R. Social Theory and Social Structure. – M.: ACT: ACT Moscow: Khranitel, 2006. – 873 p.
6. Fedotova V. G. Good Society. – M.: Progress – Tradition, 2005. – 544 p.
7. Bikmetov E. Yu., Lukyanov A. V., Sokolov V. M. The problem of finding a path to a new transcendental metaphysics of man // Personality. Culture. Society. – 2021. – Vol. 23. No. 1-2 (109-110). – P. 135-143.
8. Bikmetov E. Yu., Lukyanov A. V., Pushkareva M. A., Knowledge as a condition of external and internal freedom of man // KANT. – 2018. – No. 2 (27). – P. 164-167.
9. Micocci A. The Metaphysics of Capitalism. – Lexington Books, 2009. – 263 p.
10. Kucuradi and R. S. Cohen (1995). In: the concept of Knowledge: the Ankara Seminar. Ed. By Kuçuradi, I., Cohen, R. S. Boston Studies in the Philosophy of Science. Vol. 170.
11. Fukuyama F. The End of History? // Questions of Philosophy. – 1990. – No. 3. – P. 134.
12. Rakhmatullina Z. Ya. The world is based on culture // Eurasian Law Journal. – 2019. – No. 12 (139). – P. 12-21.
13. Fichte I. G. Works in two volumes. Vol. 1. / Comp. and notes by Vl. Volzhsky. – SPb.: Mithril, 1993. – 687 p.
14. Nikolai Kuzansky. Works in 2 volumes. Vol. 1. Translation / General editor and introduction. article 3. A. Tazhurizina. – M.: Mysl, 1979. – 488 p.
PHILOSOPHY. LAW. SOCIETY
LIU Libing
magister student of the Belarusian State University
THE IDEOLOGICAL DYNAMICS AND INFLUENCE OF INFORMATION DISSEMINATION IN THE CONTEXT OF GLOBALIZATION
The rapid advancement of information technology and the advent of globalization have significantly transformed the dynamic dynamics and influence of information dissemination. This paper explores the multifaceted impact of globalized information flow on societies, cultures, and individual ideologies. It delves into the role of digital media platforms in shaping public opinion, the emergence of echo chambers and filter bubbles, and the consequent polarization of societal views. Additionally, the study examines the strategies employed by states and non-state actors to leverage digital media for intellectual propagation and the implications for democracy and global governance. The paper also addresses the challenges posed by misinformation and disinformation in the digital age, highlighting the need for effective media literacy and regulatory frameworks to safeguard the integrity of information. Through a comprehensive analysis, this paper underscores the complex interplay between globalization, information technology, and ideological influence, offering insights into the future of information dissemination and its potential to foster more inclusive and informed global discourse.
Keywords: information dissemination, globalization, digital media, public opinion, echo chambers, filter bubbles, mental polarization.
References
1. Syahputra, I. (2019). Media Relations: Teori, strategi, praktik, dan media intelijen.
2. Indriani, I., & Eriyanto, E. (2017). Intermedia Agenda Setting Between Social Media and Newspaper on Jakarta Governor Candidates Twitter Accounts. IGCC.
3. Sefo, M. (2021). Public Opinion and how Media Form it. Journal of Media Research.
4. Doroshchuk, E. S. (2019). Communicative Strategies of Internet Media in the System of Inter-Ethnic Interaction of the Russian Region. International Research Journal.
5. Kodirov, N. M. (2020). The Effect of Globalism on the Transformation of the Information Mediaculture. International Journal of Education and Science.
6. Lebedeva, M. S. (2021). The dynamics of worldwide sociocultural transformations in the conditions of COVID-19 pandemic. Culture and Art.
7. Barlybayeva, S. (2019). Influence of New IT on Development of Information Society in Kazakhstan. Proceedings of the 18th International Conference on Computer Systems and Information Science.
8. Stephansen, H. C. (2019). Conceptualizing a distributed, multi-scalar global public sphere through activist communication practices in the World Social Forum. Global Media and Communication.
9. Kennedy, P., & Prat, A. (2017). Where Do People Get Their News? SSRN Electronic Journal.
PHILOSOPHY. RIGHT. SOCIETY
SHI Yuying
magister student of the Belarusian State University
THE IMPACT OF DIGITALIZATION ON FOREIGN NEWS COVERAGE: A PHILOSOPHICAL ANALYSIS
In recent decades, there has been an active development of digital technologies that have changed the way information is received and disseminated. The relevance of this topic is related to the need to understand the impact of these changes on the perception of foreign news. In the context of the versatility of the media, it becomes important to analyze how this affects the content and presentation of foreign news. In the context of globalization, foreign news coverage has become an important factor in shaping public opinion. The relevance of the topic lies in the study of the influence of cultural differences on the perception of news and their interpretation.
Analyzing the impact of digitalization on foreign news coverage from a philosophical point of view allows us to consider not only actual changes, but also ethical, epistemological and cultural aspects, which is a relatively innovative approach. The combination of journalism, philosophy, sociology and media studies makes the topic relevant for various scientific disciplines, which opens up new horizons for research. The topic offers the opportunity for deep self-reflection for both media professionals and the audience, which is important in the context of information overload and manipulation.
Keywords: digitalization, foreign news coverage, social media , public engagement, news.
References
1. Graves, L., & Ferrucci, P. (2016). Automated Journalism: Making News without Humans. Journalism Practice, 10(7), 1-20.
2. Montal, T., & Reich, Z. (2017). I, Robot. You, Journalist. Who is the Author? Digital Journalism, 5(7), 829-849.
3. Vyrkovsky, A., Galkina, M., Kolesnichenko, A. V., Obraztsova, A., & Vartanov, S. A. (2019). Russian newsrooms in digital era: challenges and prospects. Digital Journalism.
4. Johnston, L. (2016). Social News = Journalism Evolution? Digital Journalism.
Indriani, I., & Eriyanto, E. (2017). Intermedia Agenda Setting Between Social Media and Newspaper on Jakarta Governor Candidates Twitter Accounts.
5. Durmuş, K. (2020). The Use of Social Media-Sourced Events in Traditional News Media.
6. Portugal, R., & Aguaded, I. (2020). Competencias mediáticas y digitales, frente a la desinformación e infoxicación. Razon y Palabra, 24(108).
7. Montemayor-Rodriguez, N., & Torregrosa-Carmona, J.-F. (2023). Desinformación como reto professional delperiodismo y la documentación. Revista Latina de Comunicación Social, 10.
8. Valkanova, V., & Mikhailov, N. (2023). Digital Media and Dynamics of the Contemporary Public Sphere: Towards a Theoretical Framework. Filosofiya-Philosophy.
9. Tambini, D. (2015). Five Theses on Public Media and Digitization: From a 56-Country Study. Research Papers in Economics.
PHILOSOPHY. RIGHT. SOCIETY
TIMOSHCHUK Elena Andreevna
Ph.D. in philosophical sciences, associate professor of Social sciences and humanitarian sciences sub-faculty of the Vladimir branch of the Russian Academy National Economics and Public Administration under the President of the Russian Federation
TIMOSHCHUK Igor Alexeevich
student of the A. G. and N. G. Stoletovs Vladimir State University
ANTHROPOLOGY OF MUSIC AND THE PHENOMENOLOGY OF SOUND: CIVILIZATION TRENDS
Today, musical anthropology relies heavily on ideas of cultural diversity and opposes the traditional essentialist view of music. Global musical culture includes the achievements of all nations and regions, which feeds the postcolonial critique of Western centralism, emphasizes multicultural values, and defends the diversity of cultural identities of subjects. The use of the postmodern view of truth as “uncertainty” has expanded the possibilities for the development of the discipline itself, but also forced it to confront problems such as the blurring of disciplinary boundaries. In the process of globalization, which fully embodies postmodernity, the social environment, researchers, and musical culture itself are deeply affected by the gradual disappearance of the partiality of the original nationality. These consequences are reflected in the anthropology of music.
Keywords: musical space, anthropological landscape, symbolic space, musicology, postmodernism, musical anthropology, phenomenology of music.
Article bibliography
1. Vasiliev V. A. The linguistic turn in philosophy // Bulletin of the Moscow State Linguistic University. Humanities. – 2017. – No. 1. – P. 172-180.
2. Timoshchuk E. A. Phenomenology and dialogue of cultures // Dialogue of cultures in the context of educational activities. – Naberezhnye Chelny: NGPU, 2020. – P. 180- 183.
3. Timoshchuk I. A. Formation of secular musical culture in the Renaissance // Days of Science of Students of Vladimir State University named after A. G. and N. G. Stoletov. – Vladimir: Publishing House of VlSU, 2023. – P. 1506-1511.
4. Timoshchuk I. A. The influence of the era of Great geographical discoveries on the musical culture of the New Time // Days of Science of Students of the Vladimir State University named after A. G. and N. G. Stoletov. – Vladimir: VlGU, 2023. – P. 1515-1519.
PHILOSOPHY. RIGHT. SOCIETY
BONDARENKO Natalya Grigorjevna
Ph.D. in philosophical sciences, professor, professor of State and legal disciplines sub-faculty of the Pyatigorsk Institute (branch) of the North Caucasian Federal University
GURIN Maxim Vladimirovich
Ph.D. in philosophical sciences, associate professor of Oriental languages and cultures sub-faculty of the Pyatigorsk State University
CHIRKOVA Ekaterina Alexandrovna
assistant of Oriental languages and cultures sub-faculty of the Pyatigorsk State University
THE VALUE SYSTEM OF CHINESE SOCIETY
More than 40 years after the beginning of reforms in China, the stable process of transformation of Chinese society’s material life and diversification and complexity of spiritual life and values can be convincingly stated, and the discussion of value crises and diversification of traditional values in Chinese society has been observed. Therefore, studying the trajectory of social consciousness and the main trends in the change of values in modern China is not only of academic significance but also of practical value, helping to understand the dynamics of social thought and improve social management. The object of the study is Chinese society. The subject of the study is the values of Chinese society. The purpose of the study is to examine the state of the current social formation of Chinese values. Chinese cultural values emphasize collectivism, where the priority is given to the needs of the group rather than individual desires, which should be taken into account when building intercultural interaction for people accustomed to the Western liberal tradition of individualism.
Keywords : individualism, collectivism, social formation, spiritual values, authority of power, Confucianism.
Bibliography
1. Xiong W., Li K., Dai C. The Age of Individualization: Chinese Paradox and Resolution–The Experience of One Metropolis // Residency, Class, and Community in the Contemporary Chinese City. – Brill, 2018. – P. 39-63.
2. Sukhomlinova V. V. Alternative collectivism: Deep characteristics of traditional Chinese society // Manuscript. – 2018. – No. 9 (95). – P. 93-99. – DOI 10.30853/manuscript.2018-9.20. – EDN XYQBAT.
3. Gu X. Four decades of transition to first marriage in China: Economic reform and persisting marriage norms // International Journal of Population Studies. – 2018. – Vol. 4. No. 1. – P. 669-669.
4. Yeung W. J. J., Hu S. Paradox in marriage values and behavior in contemporary China // Chinese Journal of Sociology. – 2016. – T. 2. No. 3. – P. 447-476.
PHILOSOPHY. RIGHT. SOCIETY
BAKIROVA Zarina Khalimovna
Ph.D. in sociological sciences, associate professor of Philosophy, history and social engineering sub-faculty of the Ufa State Petroleum Technical University
ART AS AN INTEGRAL PART OF CULTURE AND THE VALUE OF SOCIETY
“Art is the right task of life. The essence of all beautiful art, of all great art, is gratitude.”
Friedrich Nietzsche
In this article we will analyze the importance of art in the life of society and its impact on people. Art occupies one of the key positions and is of great importance. It not only serves as a mirror of the culture and values of society, but also plays an active role in its evolution and transformation. Art is also an important factor in shaping personality, helping people develop a unique perception of the world around them. It contains all the emotions and moral lessons that humanity has accumulated throughout its history.
Keywords: art, art history, life, society, culture, creativity, aesthetics, education, entertainment, expression, communication, identity.
Article bibliography
1. Bakirova Z. Kh. Formation of value orientations of students of pedagogical colleges: abstract of the dissertation for the degree of candidate of sociological sciences. Ufa State Aviation Technical University. – Ufa, 2012.
2. Balatukova Z. I. The role of fiction in the education of the younger generation. — Text: direct // Young scientist. — 2015. — No. 15 (95). — P. 661-663. [Electronic resource]. – Access mode: https://moluch.ru/archive/95/21305/ (date of access: 10/12/2022).
3. Balbekina N. A., Shatalova A. Yu., Anisimova V. A. The role of fine arts in the harmonious development of the child. — Text: direct // Theory and practice of education in the modern world: materials of the IX Intern. scientific conf. (St. Petersburg, July 2016). — St. Petersburg: Svoy Publishing House, 2016. — P. 18-20. [Electronic resource]. – Access mode: https://moluch.ru/conf/ped/archive/192/10721/ (date of access: 12.10.2022).
4. Gviliya M. E., Kazanbaeva V. S., Voronova T. S. Russian art of the 20th century. – Text: direct // Young scientist. – 2016. – No. 29 (133). – P. 301-304. [Electronic resource]. – Access mode: https://moluch.ru/archive/133/37422/ (date of access: 12.10.2022).
5. Razenkov I. V. The influence of fine art on personality development. – Text: direct // Actual tasks of pedagogy: materials of the V Int. scientific conf. (Chita, April 2014). — T. 0. — Chita: Young Scientist Publishing House, 2014. — P. 171-173. [Electronic resource]. – Access mode: https://moluch.ru/conf/ped/archive/102/5358/ (date of access: 10/12/2022).
PHILOSOPHY. LAW. SOCIETY
BEGICHEVA Anastasiya Gennadievna
senior lecturer of Philosophy sub-faculty of the Russian University of Transport (Moscow State University of Railway Engineering)
TRADITION AS A SOCIO-CULTURAL PHENOMENON AND ITS PLACE IN MODERN CIVILIZATIONAL PROCESSES
The relevance of the research topic is due to the need for a socio-philosophical understanding of tradition in broad and narrow meanings.
In the era of global changes, in the period of social turbulence, the question of the importance of preserving the traditional cultural core of communicative and regulatory mechanisms is particularly acute, despite the fact that natural qualitative changes and modifications of regulatory mechanisms occur in the system of social relationships and the very orientation of the functioning of traditions is transformed.
Keywords: tradition, communicative and regulatory mechanisms, ritual, rite, custom, ceremonial.
Article bibliography
1. Bayburin A.K. Ritual in traditional culture: structural and semantic analysis of East Slavic rites. – St. Petersburg: Nauka, 1993. – 240 p.
2. Golovleva E.L. Ritual culture as a source of formation of a country’s image // Information humanitarian portal “Knowledge. Understanding. Skill”. – Cultural Studies. – 2009. – № 4.
3. Zakharova O. Yu. Secular ceremonies in Russia in the 18th – early 20th centuries. – Moscow: Tsentropoligraf, 2001. – P. 9.
4. Markaryan E. S. Key issues in the theory of cultural tradition // “Soviet Ethnography”. – 1981. – № 2. – P. 80
5. Ozhegov S. I. Dictionary of the Russian language – 2nd ed., corrected. and additional – Moscow: State Publishing House of Foreign and National Dictionaries, 1952. – 848 p.
6. Plakhov V. D. Traditions and society: an experience of philosophical and sociological research. – M.: Mysl, 1982. – 220 p.
7. Pushkareva I. M. The role of the state ceremonial of Russia in the formation of modern cultural identity // Proceedings of the International scientific and practical conference. General editors: Ch. B. Daletsky, A. Yu. Platko. – 2019. – P. 163-168.
8. Philosophical Encyclopedia / Ed. -in-chief F. V. Konstantinov. – M.: “Soviet Encyclopedia”, 1970. – Vol. 5. – P. 253.
9. Flier A. Ya. Modern cultural studies: object, subject, structure. // Social sciences and modernity. – 1997. – No. 2.
10. Yagovdik E. V. Transformations of ritual in the cultural-evolutionary process. – Belgorod, 2005. – 134 pp.
PHILOSOPHY. RIGHT. SOCIETY
DANILOV Vyacheslav Leonidovich
Ph.D. in historical sciences, associate professor of Theology, philosophy and cultural studies sub-faculty of the Faculty of History, Theology and International Relations of the F. M. Dostoevsky Omsk State University
CONTEMPORARY ISSUES IN INTERETHNIC AND INTERRELIGIOUS RELATIONS IN THE RUSSIAN FEDERATION
This article is dedicated to the analysis of contemporary issues in interethnic and interreligious relations in the Russian Federation. The paper examines the historical prerequisites for the formation of multi-confessionalism in Russia, the role of religion in shaping the country’s cultural and civilizational identity, as well as modern challenges in the sphere of interethnic and interreligious interaction. Special attention is paid to the activities of the Interreligious Council of Russia as a platform for dialogue between representatives of traditional confessions. The article also addresses the influence of mass media on shaping public opinion about religions and analyzes international experience in resolving interconfessional conflicts.
Keywords: interethnic relations, interreligious dialogue, multi-confessionalism, cultural and civilizational identity, Interreligious Council of Russia, ethno-confessional conflicts, national security.
Article bibliography
1. Arsenyev Yu. N., Minaev V. S. Development of problems of society, culture and religion in Russian regions // Public and administrative management in Russia: history and modernity, digitalization, innovation, intelligence: Proceedings of the international scientific and practical conference, Tula, June 26, 2020. – Tula: OOO Tulskiy Polygraphist 1, 2020. – P. 24-40.
2. Buttaeva A., Kakhaev A. Interfaith relations as a special type of social relations in the multicultural environment of Russia // Central Asia and the Caucasus. – 2020. – Vol. 23. No. 3. – P. 136-144.
3. Galustyan M. R. Culture of interethnic relations in the territory of the Russian Federation: current problems // Priority areas of sustainable socio-economic development of states in the context of increasing external risks: Collection of materials of the International scientific and practical conference, Kirov, November 03, 2022. – Kirov: Limited Liability Company “Avers Publishing House”, 2022. – P. 626-630.
4. Kozlov V. P. Interreligious cooperation and dialogue in the context of confessional problems // Modern social processes in the context of globalization: Collection of materials of the V International scientific and practical conference, Krasnodar, May 12, 2023. – Krasnodar: FGBOU VO “KubSTU”, 2023. – P. 275-280.
5. Melnik S. V. “National question” in interreligious dialogue // Man: image and essence. Humanitarian aspects. – 2019. – No. 2 (37). – P. 152-169.
6. Sadykova E. L. Practical aspects of the implementation of interreligious dialogue in the modern world // Theological heritage of Muslims of Russia: collection of scientific reports from conferences. II International Forum, Bolgar, October 25-30, 2020. Volume 2. – Kazan: ID “MedDoK”, 2021. – P. 222-229.
7. Sadykova E. L., Kozlov V. P. Interreligious dialogue: international and domestic aspects // International relations and society. – 2020. – V. 2. No. 1. – P. 100-106.
8. Tatura M. O., Sharafeeva D. S. The relationship of religions with the problem of interethnic relations // Interdisciplinary resources of economic psychology in the formation of ethnoregional identity and a positive image of a small homeland: Proceedings of the All-Russian scientific and practical conference with international participation, Irkutsk, June 27-30, 2019 / Editors-in-chief A. D. Karnyshev, V. A. Reshetnikov. – Irkutsk:Irkutsk State University, 2019. – P. 591-596.
9. Timofeeva E. V. Prospects for socio-cultural development and prevention of interfaith conflicts in the regions of Russia on the example of the Republic of Bashkortostan // National project “Culture” and regional cultural strategies: materials of the All-Russian scientific and practical conference (with international participation), Perm, May 13-14, 2021. – Perm: Perm State Institute of Culture, 2021. – P. 352-358.
10. Shadyev A. T. Intercultural dialogue as a factor in harmonizing interreligious relations // Oil and Gas – 2023: Abstracts of the 77th International Youth Scientific Conference, Moscow, September 11-15, 2023. Moscow: Russian State University of Oil and Gas (National Research University) named after I. M. Gubkina, 2023. – P. 624-625.
11. Sharipov A. A. Problems of interreligious dialogue between Islam and Orthodoxy in Russia // Minbar. Islamic Studies. – 2022. – Vol. 15. No. 2. – P. 394-406.
PHILOSOPHY. LAW. SOCIETY
OZERSKIY Sergey Vladimirovich
Ph.D. in physical and mathematical sciences, associate professor, associate professor of Humanitarian, socio-economic and information management technologies sub-faculty of the Samara Law Institute of the FPS of Russia
THE ROLE OF STUDENT MOTIVATION IN IMPROVING THE QUALITY OF THE EDUCATIONAL PROCESS
Traditionally, teachers, psychologists, and philosophers pay great attention to issues related to the role and importance of student motivation in the educational process. This is due to the fact that in the absence of motivation among students, it is almost impossible to achieve high learning outcomes and quality of education. In this work, the emphasis is on the motivation of schoolchildren, since it is during this period that the foundations of successful educational activities are laid after graduation. The difference and peculiarities of the external and internal motivation of younger schoolchildren and high school students, college and university students are noted.
Keywords: educational process, student, motivation, external motivation, internal motivation, interest.
Article bibliographic list
1. Popova D. V., Sergeeva B. V. Peculiarities of the formation of educational independence of younger schoolchildren // Scientific review. Pedagogical sciences. – 2017. – No. 6-1. – P. 114-122.
2. Soloviev A. A. The relationship between internal motivation and external interest in meaningful educational activity // Philosophy of education. – 2023. – Vol. 23, No. 4. – P. 77-90.
3. Zhuravleva S. V. The essence of the information and educational environment of the school // Bulletin of the Chelyabinsk State Pedagogical University. – 2017. – No. 2. – P. 19-23.
4. Polzikova N. B. Modern educational technologies // Scientific and methodological electronic journal “Concept”. – 2017. – Vol. 25. – P. 232-234.
5. Ruleva T. M. Multimedia as an assistant for increasing the cognitive activity of students // Crede Experto: transport, society, education, language. – 2014. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/multimedia-kak-pomoschnik-dlya-povysheniya-poznavatelnoy-aktivnosti-uchaschihsya (date of access: 07/29/2024).
6. Degtyareva T. N. Psychological and pedagogical sources of students’ internal educational motivation for learning and methodological principles of their application // Science, education, transport: topical issues, priorities, vectors of interaction: Proceedings of the II International scientific and methodological conference. In 3 parts, Orenburg, November 08-09, 2023. – Orenburg: Samara State University of Transport, 2023. – P. 175-179.
PHILOSOPHY. LAW. SOCIETY
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
CHARACTERISTIC FEATURES OF RUSSIAN PHILOSOPHY
The problems of modern society are in many ways similar to the early periods of the formation and development of science. The cyclical nature of development does not make it possible to assert a specific target result. The author of the article draws attention to the characteristic features of Russian philosophy. Russian Russian philosophy, despite the time periods in the history of Russian philosophy, most of the concepts have firmly entered the consciousness of the Russian people. However, under the onslaught of Western cultures, there is some transformation in worldviews. The author of the article concentrated the most vivid views of Russian philosophers, which are characteristic of modern man.
Keywords: truth, sensory experience, religious experiencence, justice, philosophy, intellectual experience, intuition, epistemology, Russian philosophy, Western philosophy.
Article bibliography
1. Kireevsky I. V. Spiritual foundations of Russian life. [Electronic resource]. – Access mode: https://azbyka.ru/otechnik/Ivan_Kireevskij/duhovnye-osnovy-russkoj-zhizni/ (accessed: 17.07.2024).
2. Lavrov P. L. Historical letters. [Electronic resource]. – Access mode: http://az.lib.ru/l/lawrow_p_l/text_1869_istoricheskie_pisma.shtml (accessed: 25.06.2024).
3. Lavrov P. L. Experience of the history of thought: T. 1. [Issue 1]. – St. Petersburg: editorial office of the journal “Knowledge”, 1875.
4. Losev A. F. Ancient space and modern science. [Electronic resource]. – Access mode: https://lib.rmvoz.ru/sites/default/files/fail/losev_aleksey_antichnyy_kosmos_i_sovremennaya_nauka.pdf (accessed: 05.05.2024).
5. Lossky N. O. Sensual, intellectual and mystical intuition (collection) / N. O. Lossky. – Moscow: Terra-Book Club, 1999. – 408 p.
6. Complete works of A.S. Khomyakov. – 3rd ed., suppl. In 8 volumes. – Moscow: Univ. type., 1886-1900.: T. 1. – 408 p.
7. Soloviev V. S. Justification of Good: Moral Philosophy / V. S. Soloviev. – Moscow: Institute of Russian Civilization, Algorithm, 2012. – 656 p.
8. Soloviev V. S. Readings on God-Manhood / V. S. Soloviev. – Moscow: Yurait, 2016. – 174 p.
9. Florensky P. Works: In 4 volumes. / Priest Pavel Florensky; [Comp. and general. editorship of Hegumen Andronicus (A. S. Trubachev) and others]. – Moscow: Mysl, Vol. 2, 1996. – 878 p.
BOOK REVIEW
EFENDIEV Oktay F.
Ph.D. in Law, professor, Baku
REVIEW TO THE MONOGRAPH OF PH.D. IN LAW FARKHUTDINOV INSUR ZABIROVICH: “THE EVOLUTION OF INTERNATIONAL LAW FROM WESTPHAL TO VERSAILLES (1648 – 1919). — MOSCOW: INFRA-M, 2024. — 484 P. — (SCIENTIFIC THOUGHT). — DOI 10.12737/2135819.
INDEXING OF THE JOURNAL
International scientific and practical law journal Included in the VAK Ministry of Education and Science of the Russian Federation list
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