CONTENT OF NUMBER AND SUMMARIES OF ARTICLES
EURASIAN LAW JOURNAL №9(196)2024
PERSONA GRATA
Oktay Afandiyev:
«Аqsaqal» on the half century of the history of the Soviet and Russian science of international law
Interview with Oktay Firidun oglu Afandiyev, Ph.D. in Law, professor-consultant of the Azerbaijan State Economic University, member of the Association of the International Law of the Russian Federation since 1967.
EURASIAN INTEGRATION
Pavlova M. A.
The youth agenda in the context of scientific and educational initiatives in the Eurasian Economic Union
INTERNATIONAL LAW
Astakhova M. A.
Norm-setting of the BRICS
Butakova N. A., Evgrafova I. V., Eliseev A. I.
Institutionalization of BRICS in the context of the constructivist approach to the international law
Idelbaeva G. I.
Development of international experience on countering terrorism and extremism
Paramuzova O. G.
Ensuring nuclear safety as a factor in increasing the manageability of the modern interstate system of international relations
Sidorov S. A., Makarov V. V., Guzhenko E. A.
The legal status of the Caspian Sea and the problems of protection and conservation of marine biological resources
Ladutko K. F.
Legal regulation of direct participation in hostilities on the example of the Iraq War (2003-2023)
Rubio Ortegon J.
The role of the international organizations and bodies in the use of ecosystem approach to protect Amazon region: international legal aspects
Samoylova A. A., Sibagatullina K. L.
The human rights dimension of the Sustainable Development Goals in the practice of Muslim States in the field of peaceful use of nuclear energy
Chen Guixin
Treaty bodies of the Ramsar Convention on wetlands in 1971
Smirnykh S. E.
Children and youth as subjects of international relations in the digital environment
INTERNATIONAL PRIVATE LAW
Egorov I. A., Odina L. N.
Legal forms of international sea transportation of goods in modern conditions
Novikova T. V.
Revisiting the party autonomy principle proclamation by the legislation on private international law (by the example of the People’s Republic of China)
Egorov I. A., Matveeva Zh. V.
The problem of the ratio of conventional regimes of international cargo transportation in maritime traffic
LAW OF THE FOREIGN COUNTRIES
Shmelev I. V.
The Constitutional Charter for the Transitional Period of 2019 of the Sudan: aspects of stability and legal certainty
THEORY OF STATE AND LAW
Vorontsova N. L.
Theoretical and legal foundations of expert activity in lawmaking
Kalinina E. A.
Definition and signs of norms-declarations
Kornyakov M. V., Pakharukov A. A.
The concept of legal regime: an attempt at discourse analysis
Larinbaeva I. I.
Legal responsibility in the structure of legal behavior and social responsibility
Neyaskin D.S.
Exceptional norm and exceptional case: aspects of the relationship
Petrova T. V.
The role of the advocate in formation and enforcing legal values
Koroleva E. S.
Evolution of the concept of harm in the legal systems of foreign and Russian legislation
Russkaya A. A.
On the forms of legal monitoring: a modern approach
HISTORY OF STATE AND LAW
Arsenjeva G. V., Khramova I. S.
The history of social insurance in Russia (review of Soviet and post-Soviet legislation)
Bisyarina A. N.
Countering trafficking in minors in the Soviet State (historical and legal aspect)
Butenko A. K.
Ideas of the rule of law in the works of Russian philosophers of the 19th century
Volk-Leonovich S.O.
The contribution of scientists from the Faculty of Law of the Imperial Moscow University to the formation of historical and legal science in the first half of the 19th century
Nedzelyuk T. G.
The legal status of the Bukhtarma Valley dissenters in the materials of the Omsk Regional Board of the Ministry of Foreign Affairs
Panayotov V. N.
Arithmetic of parliamentarism on the eve of abdication
Saidova M. Z.
Modern authors on banditry as a factor of destabilization of the political situation in the USSR in the 20s-50s
Salnikovа A. A.
On measures to strengthen public order in certain economic sectors of the Russian Empire in the XIX century
Silantjeva V. A., Fedyushkina A. I.
Remuneration of assistant attorneys in pre-revolutionary Russia: legislation and practice
CONSTITUTIONAL LAW
Alieva Z. I., Javadov Z. R.
The evolution of the parliamentary system in Russia: from the state duma to the Federal Assembly
Makarov V. A
The role of constitutional identity in the development of the legal evolution of the Constitution of the Russian Federation
Mishina E. V.
On the issue of the specifics of the formation of domestic constitutional legislation (on the 100th anniversary of the first Constitution of the USSR in 1924)
Novikova A. I.
Basic guarantees of participation of citizens in the administration of justice in Russia, Belarus and Kazakhstan
Gadzhieva D. A.
On the issue of collective subjects in constitutional law
Ivleva Yu. I.
Ecological component in the USSR Constitution of 1977
ADMINISTRATIVE LAW
Alferov S. N.
On the issue of normative definition of the concepts of “domestic” and “inbound” tourism
Amiryan A. A., Fominov D. R., Chernov Yu. I.
Administrative and legal status of the state corporation Rosatom
Volkov P. A., Panfilova O. V.
Administrative offenses in the field of public order protection at transport facilities
Zinkov E. N., Golubtsova K. I., Kondrashеva A. S.
Features of administrative supervision of non-profit organizations
Kulakov N. A., Temnikov A. Yu., Ermolaev V. G.
Scientific activity as an object of public administration and legal regulation
Matveeva A. A.
Self-regulating organizations of arbitration managers: features of the administrative and legal status
Ponomarenko A. A.
The Central Bank of the Russian Federation as a regulator of the financial reliability of credit organizations
Khalilev R. A.
Administrative-legal status of self-regulatory organizations in the tourist sector
Shamrin M. Yu, Belousova V. V.
The role of artificial intelligence in improving public administration
Adamyan G.K., Noskova D.D., Chernov Yu.I.
Prospects for improving the administrative and legal protection of information security
Voytov I. V.
Role of distance learning in the formation of a unified educational space in the CIS countries
Kavaleryan A. K.
Legal aspects of the status of the Ministry of Culture and the Cinema Fund in Russian legislation as actors regulating the film industry and the specifics of their interaction in this area
Seidov G. Z.
Problematic aspects of administrative and legal support of information security of the Russian Federation
Solovjeva S. V.
Issues of exercising the powers of public authorities to ensure financial security
Sysoletina O. G.
On the aspects of regulating the processes of external migration related to assist voluntary resettlement to the Russian Federation of compatriots living abroad
Shagalkina N. V.
Administrative proceedings: modern problems of structuring
Shamrin M. Yu., Galkina M.V.
The role of blockchain in public management of agriculture
MUNICIPAL LAW
Privalova E. A.
On the interaction of local self-government bodies with the population and public institutions in the field of control activities
CIVIL LAW
Galimbekova D. A.
Mechanisms for ensuring and protecting individual rights in relations with the use of AI
Dreval L. N., Glushin D. Ya., Kanakaeva K. V.
Legal regulation of posthumous donation in the Russian Federation: some aspects
Zhilenkova T. V.
Peculiarities of determining the amount of compensation for violation of the exclusive right to geographical indications
Kozhakhmetova D. A.
Some problems of new objects of civil rights in the legislation of the Kyrgyz Republic
Konovalchuk M. V.
The importance of the principles of civil law in the application of law by analogy and law
Ovchinnikov S. N.
The Code of Merchant Shipping in the system of Russian legislation
Potapenko S. V.
Compensation for moral damage as a civil law method of judicial protection of personal non-property copyrights to works of science
Stetsenko V.Yu., Kosareva V.V.
Some issues of recognition of medical law as an independent complex branch of law
Shvarts L. V.
Features of acceptance of works under the construction contract
Chizhikova A. V., Mamedova R. R.
Problems of the legal regulation of unmanned aerial vehicles in military operations
Yastremskiy I. A.
The legal significance of a forensic medical examination of a patient’s disputes with a plastic surgery clinic
Abbud R.R.
The dichotomy of the essence of the human right to an image
Abrosimov D. A.
The right to demand the repurchase of shares owned by shareholders as a way to protect violated rights
Grishin S. M.
Digital healthcare in the European Union: regulation and development trends
Dalkheev A. A.
Integrity in energy disputes: review of judicial practice
Zaglyadina Ya. A.
Liability for unfair competition associated with the unlawful use of information
Kalinin S. S.
Features of the terms of a combined insurance contract, using the example of a construction and installation risks insurance contract
Kasimov M. F.
Some aspects of improving legislation on the legal status of an arbitration administrator
Kuzmin A.V.
Blockchain technology: concept, features of legal regulation and possibilities of its application in civil legal relations
Maliushev A. V.
Autonomy of the will vs. «favour contractus» principle on the example of conversion of unilateral refusal in a contract of construction work
Milutskaya A. S.
Trademarks trolling as a kind of abuse of right: concept, signs, composition
Ovsepyan T. R.
Problems of protecting the rights and legitimate interests of NFT creators in the fashion world
Razdobudko V. O.
Public legal entity as a tenant of a forest plot
Rozhmanova A. A.
Genetic technologies in agricultural production: prospects and challenges
Tolmacheva A. S.
Principles of management in commercial and non-commercial organizations: comparative legal analysis
Trankalan F. I.
Peculiarities of legal relations between the parties to energy supply and electricity purchase and sale agreements
Fokin A. Yu.
Historical and legal analysis of certain aspects of the property of religious organizations
Khanchukaeva L. A.
Legal approaches to the determination of collective abuse of dominant position by digital platforms operators
Tolmachev R. S.
Exercise and restriction of civil rights: peculiarities illustrated by the exclusive right
Shakhmilova M. G., Guseynova L. V.
The formation of the institution of debt forgiveness
Yastremskiy I. A.
The subject of the contract for the provision of paid medical services in the field of plastic surgery, the consequences of its legal uncertainty as an essential condition of the contract
CIVIL PROCESS
Smetanin A. I.
Corporate conflict between participants with equal distribution of shares: law-forming practice of the Supreme Court of the Russian Federation
Smetanin A. I.
Suspension of the exercise of rights of a foreign holding company: procedural peculiarities of consideration of a new category of cases
LABOUR LAW
Dovgan K. E., Novikova Yu. A.
Trade unions of persons with platform employment: current legal regulation and prospects for its change
FINANCIAL LAW
Buts S. B., Shklyar T. A., Evsikova E. V.
Financial monitoring in the architecture of public financial control in the context of digital transformation
Bykova M. V.
Features of financial and legal liability of insurance activities in Russia
ECOLOGICAL LAW
Klyukanova L. G.
Objects of the environmental legal relationships
ENTREPRENEURIAL LAW
Kudinov S. V.
The necessity to protect the rights and interests of entrepreneurs in the conditions of modernization of the Russian economy
Sogoyan D. P.
On the issue of the model of competence of the meeting of creditors in a bankruptcy case
ADVOCACY
Mergulchiev D. B., Saldysov M. A.
Agreement governing the provision of legal assistance: legal nature, characteristic features in the practice of application
SPECIAL BRANCHES OF LAW
Gripich S. A.
Legal issues of use of state information systems
CRIMINAL LAW
Abdusalamova M. M., Zeynalov M. M.
Theoretical, legal and practical aspects of criminal liability and punishment
Bagamaeva J. M.
Characteristics of drug crime prevention
Vyskrebtsev B. S.
The orientation of the procedural activity of the judge at the stage of preparation for the court session: issues of legal regulation
Gasanova Z. M., Zeynalov M. M.
Criminal law characteristics of abuse of authority by private notaries and auditors
Efremova O. S.
On the peculiarities and trends of crime of foreign citizens and stateless persons
Ivanovа L. M., Lifanova T. A.
Criminal liability for corruption offenses in Russia and China: a comparative legal aspect
Kobylin P. O.
Criminal liability for fraud in Soviet legislation
Kraskovskiy Ya. E.
Activities of the local police commissioner for the prevention of illicit drug trafficking in an educational institution
Kuzmin S. S.
Exemption from criminal liability and punishment in the context of the Federal Law of the Russian Federation of June 24, 2023 № 270
Zumakulova Z. A., Abazov A. B.
Current issues of cybercrime and cyberterrorism in modern society
Luneva A. V., Klimenko A. K.
The influence of the principle of transparency on the consideration of cases by a court with the participation of jurors on the example of Russia and the Republic of Kazakhstan
Mirzakhanova N. K., Zeynalov M. M.
Criminal liability for corruption-related crimes
Moskvin M. M.
Procedural aspects of the execution of the suspension and resumption of the preliminary investigation
Rodygin R. A., Malofey A. O., Kolbyshev P. R.
Public calls for the implementation of activities directed against the security of the state: criminal law characteristics of the objective side
Stupina S. A., Dolgushina L. V.
Violation of the requirements for anti-terrorist protection of facilities (territories): qualification issues
Kamyshanskiy D. Yu., Alimov E. V.
Correlation between the concepts of «corruption», «corruption-related crimes» and «corruption offenses»
Khadisov G. H., Tailov A. G., Abdulmuslimov S. M.
Essence of amnesty and pardon as a type of state encouragement
Khakimov N. N., Fakhrislamov T. R.
Responsibility for crimes committed by artificial intelligence
Fayzulin A. A.
The criminal legal tools concept of countering drug addiction and narcotism prescribed by the General Part of the Criminal Code of the Russian Federation
Filipova E. E., Ulendeeva N. I., Zvyagintseva E. N.
On the state of crime in Russia, committed using information and telecommunication technologies or in the field of computer information
Khanukaev G. S.
The essence of corruption in insurance: schemes for committing corruption crimes and their classification
Sheykhmagomedov M. M., Akaeva A. A.
Causation in iatrogenic crimes
Shogenova F. O., Zalikhanov L. I.
Problems of economic crime prevention
Yurkevich E. A., Grinina E. V., Pugina V. I., Primak V. V.
Socio-economic and information technology grounds for criminalization of fraud in the field of computer information
Bagamaeva J. M.
Characteristics of crimes in the field of computer information in foreign legislation
Evdokimov M. E.
Problems of qualification of violation of traffic rules and operation of vehicles
Shmyatkova N. V.
Modern methods of committing crimes using high technologies: problems of qualification, ways to solve them
CRIMINAL PROCESS
Abdullaev U. M., Asadueva S. A.
General rules for the conduct of investigative actions in criminal proceedings
Bondarenko S. V., Fomina Yu. A.
Actual problems of qualification of escape from a place of imprisonment committed in complicity
Danilova I. Yu., Suleymanov T. A.
Criminal and legal characteristics of drug trafficking in places of detention
Dzhuruk D. S., Peryakina M. P., Korshunov A. V.
Typical situations of the initial stage of detection and investigation of theft from ATMs and payment terminals
Aldatov R. M., Asadueva S. A.
Problems of the defender’s participation in criminal proceedings
Zorina E. A., Lantukh N. V., Chasovnikova O. G.
Artifical intelligence in criminal procedure and operational detective activities in Russia
Ismailova Z. I., Datsieva Kh. G.
Certain principles of protection of the rights and legitimate interests of participants in the criminal process of Russia
Kurbanova Kh. M., Sefikurbanov K. S.
Operational investigative process and its regulation
Lantukh E. V., Lyakhov I. V., Chasovnikova O. G.
System of prosecutoral supervision at the stage of institution of a criminal case
Mishchenko E. V.
Termination of criminal prosecution for tax crimes: some problematic aspects
Lifanova L. G., Zhuravlev A. A.
Problems of compensation for damage caused by a crime at the stage of pre-trial proceedings
Tailova A. G., Alieva R. G.
The role of the judge’s inner conviction in criminal proceedings
Trifonova Ch. A., Saakyan A. G.
Procedural and criminalistic aspects of the use of video recording materials in the investigation of crimes
Aldatov R. M., Asadueva S. A.
Initiation of a criminal case in the Russian criminal process actual problems
Alibaeva G. A.
Choosing an investigative action as a display of procedural independence of the investigator
Blinov I. A.
Problems of realization of positions of the Constitutional Court of the Russian Federation on observance of the constitutional rights of man and citizen provided by Part 2 of Art. 23, Art. 25 of the Constitution of the Russian Federation, at authorization of operative-search measures
Matyunin O. V.
Procedural features of combating tax crimes in the People’s Republic of China
Mukhtorov Ya. A.
On the issue of the concept and signs of accelerated proceedings in the system of criminal procedural law of the Republic of Tajikistan
Tarasenko D. V.
The institution of secret investigative actions in the context of ensuring the constitutional rights of participants in the criminal process
CRIMINAL-EXECUTIVE LAW
Glebova E. V.
On the issue of organizing social and educational work with convicts within the framework of the penitentiary probation system
Gorkina S. A.
Educational impact of the head of the UIS on employees: problems and prospects in the system of resolving suicidal behavior of employees
Zubkova V. I., Golovastova Yu. A.
On the issue of the public danger of the personality of convicts in places of deprivation of liberty
Medvedeva I. N.
On some features of the application of probation in Georgia
Merkusheva A. I., Titov D. V.
Topical issues of the use of information technology security tools in correctional institutions
CRIMINALISTICS
Biryukov S. Yu., Trubchaninov A. V.
Selected theoretical and applied aspects of the construction of the version
Dolgushina L. V.
Peculiarities of inspection of the scene during investigation of intentional destruction or damage to someone else’s property committed by arson
Ermolaeva L. N., Ponomareva A. V.
The process of formation of the institute of forensic examination
Lakomskaya M. Yu.
About the possibility of interrogation by the accused of a witness (victim) during the verification of testimony on the spot
Nizaeva S. R., Khayrullova E. T., Kushkhov R. Kh., Erkeev I. Kh.
The concept of interrogation and its significance for the investigation of crimes
Popova О. А., Saakyan A. G.
Interrogation of the witness in the preliminary investigation stage: objective necessity, tactical technique or means of multiplying evidence?
Safonova Yu. S., Dolgacheva O. I.
Opportunities and prospects for the introduction of digital technologies in criminal proceedings in Russia
Sysenko A. R.
Forensic rules for preparing for video recording used in investigative actions
CRIMINOLOGY
Marzaganova A. M.
Regional peculiarities of individual prevention of juvenile delinquency
Minachev G. B., Kutdusova A. V., Bondareva O. Yu.
Criminological characteristics of fraud in the field of computer information
Nesterova S. S.
Criminological features of the personality of an economic criminal
Peyzak A. V.
Problems of crime prevention programs evaluations
RadchenkoE. P., Vdovina A. N.
Digital rehabilitation of convicts and successful return to a digital society
Safonov A. A., Bondareva I. O.
Evolution of operational and investigative activities of internal affairs bodies
Yakhontova O. S., Pavlik E. M.
Selected aspects of cyber crime prevention at the current stage
Peyzak R. I.
The valuе of fraud crimes in the United States
JUDICIARY
Karpushkin A. V.
Problems of functioning of national courts of universal jurisdiction
LAW ENFORCEMENT AGENCIES
Zhukov A. Z., Fakov A. M.
Training future employees of internal affairs bodies in the field of combating cybercrime: problems and solutions
Seisebaev V. K., Zimina K. Yu., Demkin M. S.
On the introduction of a comprehensive endurance exercise into the system of control exercises for physical training of cadets of educational organizations of the FPS of Russia
Tekueva Yu. A.
Removing legal restrictions on digitalization as a threat to the information security of minors
SECURITY AND LAW
Grishay E. V., Lyuev T. Kh., Bulavkin A. A.
National security in the criteria of risks of reforming the Institute of the Ministry of Internal Affairs of Russia
Sobolev A. G., Malofey A. O., Fakhriev D. M.
On the issue of the possibility of legalizing weapons in the Russian Federation
PEDAGOGY AND LAW
Bernikov E. R., Kaznacheev V. A., Krapivin O. V., Muravjev A. V.
Use of modern innovative technologies in physical training classes in departmental universities
Verkhozina O. A., Potashova I. I.
Scientific and methodological aspects of the study of educational and professional motivation of students with disabilities and disabilities in educational institutions of higher education
Zvyagina A. V., Kutinova A. O.
Analysis of the training of scientific and pedagogical personnel in postgraduate educational institutions of the federal penitentiary service of the Russian Federation of higher education of the Federal Penitentiary Service of Russia: problematic issues and prospects
Zorina N. S., Tsarkova E. G.
Education as a means of social adaptation of juvenile convicts
Krasnikov V. N., Krasnikova M. V.
Pedagogical aspects of prevention of deviant behavior
Latypova E. R., Galeeva E. U., Konkova A. O.
Functions of language in the process of intercultural communication
Panova O. S., Emelyanov G. I., Orlov V. V.
Improvement of forms and methods of physical training in educational organizations of the Ministry of Internal Affairs of Russia
Zorina N. S.
Formation of moral standards among juvenile convicts
Ryasov A. V.
On the ways to implement the practical orientation of learning
PSYCHOLOGY AND LAW
Kamneva O. A., Taysaeva S. B.
The relationship of emotional burnout and coping behavior of prosecutor’s office employees
Popova I. N.
Dialectics mental and historical processes in society
HUMAN RIGHTS
Makoeva R. Kh.
Human rights and climate change: the International Legal Framework (UNFCCC, Kyoto Protocol and Paris Agreement)
Fastovich G. G.
Measures for targeted and individual prevention of anti-terrorist consciousness of students in the higher education system
STATE AND LAW
Zhurida A. S., Yakunin D. V.
Current problematic issues of passing the state civil service in the court apparatus
Stepanenko A. S.
State-legal postulates of the democratic form of government
Khavadzhi D. R.
On the issue of research methods for the transitional justice model
Shmelev I. V.
South Sudan: distribution of powers and formation of the federation
LANGUAGE AND LAW
Makayeva G. Z., Makayev Kh. F., Ibatulina L. M.
Using abbreviations when teaching languages to law students
ECONOMY. LAW. SOCIETY
Aliev I. A.
Budget resources as the main source of financing for social sector organizations
Amirova M. G., Suleymanova A. M.
The role of regional banks in the regional economy
Burmistrova A. A., Manannikova O. N., Rodionova N. K.
The shadow non-criminal sector as a manifestation of the imbalance of the region’s economy
Daitova P. I.
Analysis of the activity of the Pension and Social Insurance Fund of the Russian Federation in the sphere of pension provision
Nedzelskiy A. E., Nedzelskaya O. N.
Architectonics of entrepreneurial potential as a semiotic construct
Suleymanova A. M., Gadzhieva Z. Kh.
Assessment of the state of regional commercial banks
Fu Qi
Dilemmas and countermeasures analysis of China’s rural tourism financing model
PHILOSOPHY. LAW. SOCIETY
Bairov A. S.
Traditions of raid hunting among the Buryats
Davydenko M. V.
Criteria of artistic value in Russian religious and philosophical thought of the late 19th – early 20th centuries (based on the example of the philosophical and aesthetic views of A. Bely and P. A. Florensky)
Zolotarev S. P.
Formation of mass consciousness of Russian youth: a socio-philosophical analysis
Kornev G. P.
Ontological characteristics and etymological sources of Spiritual Truth by P. A. Florensky
Kurito O. V.
Ensuring progress in the field of knowledge, identifying gaps in research: the socio-philosophical aspect
Maksimenko M. V.
Тhe importance of the principles of professional ethics of an employee of the penal system
Chudina-Shmidt N. V.
Extremality world – the world of protest behavior of personality
Mukhlynkina Yu. V.
To the question of symbolic content modern national culture
Мakulina E. Yu.
Social memory in the context of informatization of social reproduction
Mirelli M. A.
The downside of social and humanitarian cooperation and images of soft power
BOOK REVIEW
Yumashev Yu. M.
Review of the monography of Ph.D. n Law Insur Zabirovich Farkhutdinov: “The evolution of international law from Westphal to Versailles (1648-1919)”.
Oktay Afandiyev:
«Аqsaqal» on the half century of the history of the Soviet and Russian science of international law
Interview with Oktay Firidun oglu Afandiyev, Ph.D. in Law, professor-consultant of the Azerbaijan State Economic University, member of the Association of the International Law of the Russian Federation since 1967.
EURASIAN INTEGRATION
Pavlova M. A.
The youth agenda in the context of scientific and educational initiatives in the Eurasian Economic Union
INTERNATIONAL LAW
Astakhova M. A.
Norm-setting of the BRICS
Butakova N. A., Evgrafova I. V., Eliseev A. I.
Institutionalization of BRICS in the context of the constructivist approach to the international law
Idelbaeva G. I.
Development of international experience on countering terrorism and extremism
Paramuzova O. G.
Ensuring nuclear safety as a factor in increasing the manageability of the modern interstate system of international relations
Sidorov S. A., Makarov V. V., Guzhenko E. A.
The legal status of the Caspian Sea and the problems of protection and conservation of marine biological resources
Ladutko K. F.
Legal regulation of direct participation in hostilities on the example of the Iraq War (2003-2023)
Rubio Ortegon J.
The role of the international organizations and bodies in the use of ecosystem approach to protect Amazon region: international legal aspects
Samoylova A. A., Sibagatullina K. L.
The human rights dimension of the Sustainable Development Goals in the practice of Muslim States in the field of peaceful use of nuclear energy
Chen Guixin
Treaty bodies of the Ramsar Convention on wetlands in 1971
Smirnykh S. E.
Children and youth as subjects of international relations in the digital environment
INTERNATIONAL PRIVATE LAW
Egorov I. A., Odina L. N.
Legal forms of international sea transportation of goods in modern conditions
Novikova T. V.
Revisiting the party autonomy principle proclamation by the legislation on private international law (by the example of the People’s Republic of China)
Egorov I. A., Matveeva Zh. V.
The problem of the ratio of conventional regimes of international cargo transportation in maritime traffic
LAW OF THE FOREIGN COUNTRIES
Shmelev I. V.
The Constitutional Charter for the Transitional Period of 2019 of the Sudan: aspects of stability and legal certainty
THEORY OF STATE AND LAW
Vorontsova N. L.
Theoretical and legal foundations of expert activity in lawmaking
Kalinina E. A.
Definition and signs of norms-declarations
Kornyakov M. V., Pakharukov A. A.
The concept of legal regime: an attempt at discourse analysis
Larinbaeva I. I.
Legal responsibility in the structure of legal behavior and social responsibility
Neyaskin D.S.
Exceptional norm and exceptional case: aspects of the relationship
Petrova T. V.
The role of the advocate in formation and enforcing legal values
Koroleva E. S.
Evolution of the concept of harm in the legal systems of foreign and Russian legislation
Russkaya A. A.
On the forms of legal monitoring: a modern approach
HISTORY OF STATE AND LAW
Arsenjeva G. V., Khramova I. S.
The history of social insurance in Russia (review of Soviet and post-Soviet legislation)
Bisyarina A. N.
Countering trafficking in minors in the Soviet State (historical and legal aspect)
Butenko A. K.
Ideas of the rule of law in the works of Russian philosophers of the 19th century
Volk-Leonovich S.O.
The contribution of scientists from the Faculty of Law of the Imperial Moscow University to the formation of historical and legal science in the first half of the 19th century
Nedzelyuk T. G.
The legal status of the Bukhtarma Valley dissenters in the materials of the Omsk Regional Board of the Ministry of Foreign Affairs
Panayotov V. N.
Arithmetic of parliamentarism on the eve of abdication
Saidova M. Z.
Modern authors on banditry as a factor of destabilization of the political situation in the USSR in the 20s-50s
Salnikovа A. A.
On measures to strengthen public order in certain economic sectors of the Russian Empire in the XIX century
Silantjeva V. A., Fedyushkina A. I.
Remuneration of assistant attorneys in pre-revolutionary Russia: legislation and practice
CONSTITUTIONAL LAW
Alieva Z. I., Javadov Z. R.
The evolution of the parliamentary system in Russia: from the state duma to the Federal Assembly
Makarov V. A
The role of constitutional identity in the development of the legal evolution of the Constitution of the Russian Federation
Mishina E. V.
On the issue of the specifics of the formation of domestic constitutional legislation (on the 100th anniversary of the first Constitution of the USSR in 1924)
Novikova A. I.
Basic guarantees of participation of citizens in the administration of justice in Russia, Belarus and Kazakhstan
Gadzhieva D. A.
On the issue of collective subjects in constitutional law
Ivleva Yu. I.
Ecological component in the USSR Constitution of 1977
ADMINISTRATIVE LAW
Alferov S. N.
On the issue of normative definition of the concepts of “domestic” and “inbound” tourism
Amiryan A. A., Fominov D. R., Chernov Yu. I.
Administrative and legal status of the state corporation Rosatom
Volkov P. A., Panfilova O. V.
Administrative offenses in the field of public order protection at transport facilities
Zinkov E. N., Golubtsova K. I., Kondrashеva A. S.
Features of administrative supervision of non-profit organizations
Kulakov N. A., Temnikov A. Yu., Ermolaev V. G.
Scientific activity as an object of public administration and legal regulation
Matveeva A. A.
Self-regulating organizations of arbitration managers: features of the administrative and legal status
Ponomarenko A. A.
The Central Bank of the Russian Federation as a regulator of the financial reliability of credit organizations
Khalilev R. A.
Administrative-legal status of self-regulatory organizations in the tourist sector
Shamrin M. Yu, Belousova V. V.
The role of artificial intelligence in improving public administration
Adamyan G.K., Noskova D.D., Chernov Yu.I.
Prospects for improving the administrative and legal protection of information security
Voytov I. V.
Role of distance learning in the formation of a unified educational space in the CIS countries
Kavaleryan A. K.
Legal aspects of the status of the Ministry of Culture and the Cinema Fund in Russian legislation as actors regulating the film industry and the specifics of their interaction in this area
Seidov G. Z.
Problematic aspects of administrative and legal support of information security of the Russian Federation
Solovjeva S. V.
Issues of exercising the powers of public authorities to ensure financial security
Sysoletina O. G.
On the aspects of regulating the processes of external migration related to assist voluntary resettlement to the Russian Federation of compatriots living abroad
Shagalkina N. V.
Administrative proceedings: modern problems of structuring
Shamrin M. Yu., Galkina M.V.
The role of blockchain in public management of agriculture
MUNICIPAL LAW
Privalova E. A.
On the interaction of local self-government bodies with the population and public institutions in the field of control activities
CIVIL LAW
Galimbekova D. A.
Mechanisms for ensuring and protecting individual rights in relations with the use of AI
Dreval L. N., Glushin D. Ya., Kanakaeva K. V.
Legal regulation of posthumous donation in the Russian Federation: some aspects
Zhilenkova T. V.
Peculiarities of determining the amount of compensation for violation of the exclusive right to geographical indications
Kozhakhmetova D. A.
Some problems of new objects of civil rights in the legislation of the Kyrgyz Republic
Konovalchuk M. V.
The importance of the principles of civil law in the application of law by analogy and law
Ovchinnikov S. N.
The Code of Merchant Shipping in the system of Russian legislation
Potapenko S. V.
Compensation for moral damage as a civil law method of judicial protection of personal non-property copyrights to works of science
Stetsenko V.Yu., Kosareva V.V.
Some issues of recognition of medical law as an independent complex branch of law
Shvarts L. V.
Features of acceptance of works under the construction contract
Chizhikova A. V., Mamedova R. R.
Problems of the legal regulation of unmanned aerial vehicles in military operations
Yastremskiy I. A.
The legal significance of a forensic medical examination of a patient’s disputes with a plastic surgery clinic
Abbud R.R.
The dichotomy of the essence of the human right to an image
Abrosimov D. A.
The right to demand the repurchase of shares owned by shareholders as a way to protect violated rights
Grishin S. M.
Digital healthcare in the European Union: regulation and development trends
Dalkheev A. A.
Integrity in energy disputes: review of judicial practice
Zaglyadina Ya. A.
Liability for unfair competition associated with the unlawful use of information
Kalinin S. S.
Features of the terms of a combined insurance contract, using the example of a construction and installation risks insurance contract
Kasimov M. F.
Some aspects of improving legislation on the legal status of an arbitration administrator
Kuzmin A.V.
Blockchain technology: concept, features of legal regulation and possibilities of its application in civil legal relations
Maliushev A. V.
Autonomy of the will vs. «favour contractus» principle on the example of conversion of unilateral refusal in a contract of construction work
Milutskaya A. S.
Trademarks trolling as a kind of abuse of right: concept, signs, composition
Ovsepyan T. R.
Problems of protecting the rights and legitimate interests of NFT creators in the fashion world
Razdobudko V. O.
Public legal entity as a tenant of a forest plot
Rozhmanova A. A.
Genetic technologies in agricultural production: prospects and challenges
Tolmacheva A. S.
Principles of management in commercial and non-commercial organizations: comparative legal analysis
Trankalan F. I.
Peculiarities of legal relations between the parties to energy supply and electricity purchase and sale agreements
Fokin A. Yu.
Historical and legal analysis of certain aspects of the property of religious organizations
Khanchukaeva L. A.
Legal approaches to the determination of collective abuse of dominant position by digital platforms operators
Tolmachev R. S.
Exercise and restriction of civil rights: peculiarities illustrated by the exclusive right
Shakhmilova M. G., Guseynova L. V.
The formation of the institution of debt forgiveness
Yastremskiy I. A.
The subject of the contract for the provision of paid medical services in the field of plastic surgery, the consequences of its legal uncertainty as an essential condition of the contract
CIVIL PROCESS
Smetanin A. I.
Corporate conflict between participants with equal distribution of shares: law-forming practice of the Supreme Court of the Russian Federation
Smetanin A. I.
Suspension of the exercise of rights of a foreign holding company: procedural peculiarities of consideration of a new category of cases
LABOUR LAW
Dovgan K. E., Novikova Yu. A.
Trade unions of persons with platform employment: current legal regulation and prospects for its change
FINANCIAL LAW
Buts S. B., Shklyar T. A., Evsikova E. V.
Financial monitoring in the architecture of public financial control in the context of digital transformation
Bykova M. V.
Features of financial and legal liability of insurance activities in Russia
ECOLOGICAL LAW
Klyukanova L. G.
Objects of the environmental legal relationships
ENTREPRENEURIAL LAW
Kudinov S. V.
The necessity to protect the rights and interests of entrepreneurs in the conditions of modernization of the Russian economy
Sogoyan D. P.
On the issue of the model of competence of the meeting of creditors in a bankruptcy case
ADVOCACY
Mergulchiev D. B., Saldysov M. A.
Agreement governing the provision of legal assistance: legal nature, characteristic features in the practice of application
SPECIAL BRANCHES OF LAW
Gripich S. A.
Legal issues of use of state information systems
CRIMINAL LAW
Abdusalamova M. M., Zeynalov M. M.
Theoretical, legal and practical aspects of criminal liability and punishment
Bagamaeva J. M.
Characteristics of drug crime prevention
Vyskrebtsev B. S.
The orientation of the procedural activity of the judge at the stage of preparation for the court session: issues of legal regulation
Gasanova Z. M., Zeynalov M. M.
Criminal law characteristics of abuse of authority by private notaries and auditors
Efremova O. S.
On the peculiarities and trends of crime of foreign citizens and stateless persons
Ivanovа L. M., Lifanova T. A.
Criminal liability for corruption offenses in Russia and China: a comparative legal aspect
Kobylin P. O.
Criminal liability for fraud in Soviet legislation
Kraskovskiy Ya. E.
Activities of the local police commissioner for the prevention of illicit drug trafficking in an educational institution
Kuzmin S. S.
Exemption from criminal liability and punishment in the context of the Federal Law of the Russian Federation of June 24, 2023 № 270
Zumakulova Z. A., Abazov A. B.
Current issues of cybercrime and cyberterrorism in modern society
Luneva A. V., Klimenko A. K.
The influence of the principle of transparency on the consideration of cases by a court with the participation of jurors on the example of Russia and the Republic of Kazakhstan
Mirzakhanova N. K., Zeynalov M. M.
Criminal liability for corruption-related crimes
Moskvin M. M.
Procedural aspects of the execution of the suspension and resumption of the preliminary investigation
Rodygin R. A., Malofey A. O., Kolbyshev P. R.
Public calls for the implementation of activities directed against the security of the state: criminal law characteristics of the objective side
Stupina S. A., Dolgushina L. V.
Violation of the requirements for anti-terrorist protection of facilities (territories): qualification issues
Kamyshanskiy D. Yu., Alimov E. V.
Correlation between the concepts of «corruption», «corruption-related crimes» and «corruption offenses»
Khadisov G. H., Tailov A. G., Abdulmuslimov S. M.
Essence of amnesty and pardon as a type of state encouragement
Khakimov N. N., Fakhrislamov T. R.
Responsibility for crimes committed by artificial intelligence
Fayzulin A. A.
The criminal legal tools concept of countering drug addiction and narcotism prescribed by the General Part of the Criminal Code of the Russian Federation
Filipova E. E., Ulendeeva N. I., Zvyagintseva E. N.
On the state of crime in Russia, committed using information and telecommunication technologies or in the field of computer information
Khanukaev G. S.
The essence of corruption in insurance: schemes for committing corruption crimes and their classification
Sheykhmagomedov M. M., Akaeva A. A.
Causation in iatrogenic crimes
Shogenova F. O., Zalikhanov L. I.
Problems of economic crime prevention
Yurkevich E. A., Grinina E. V., Pugina V. I., Primak V. V.
Socio-economic and information technology grounds for criminalization of fraud in the field of computer information
Bagamaeva J. M.
Characteristics of crimes in the field of computer information in foreign legislation
Evdokimov M. E.
Problems of qualification of violation of traffic rules and operation of vehicles
Shmyatkova N. V.
Modern methods of committing crimes using high technologies: problems of qualification, ways to solve them
CRIMINAL PROCESS
Abdullaev U. M., Asadueva S. A.
General rules for the conduct of investigative actions in criminal proceedings
Bondarenko S. V., Fomina Yu. A.
Actual problems of qualification of escape from a place of imprisonment committed in complicity
Danilova I. Yu., Suleymanov T. A.
Criminal and legal characteristics of drug trafficking in places of detention
Dzhuruk D. S., Peryakina M. P., Korshunov A. V.
Typical situations of the initial stage of detection and investigation of theft from ATMs and payment terminals
Aldatov R. M., Asadueva S. A.
Problems of the defender’s participation in criminal proceedings
Zorina E. A., Lantukh N. V., Chasovnikova O. G.
Artifical intelligence in criminal procedure and operational detective activities in Russia
Ismailova Z. I., Datsieva Kh. G.
Certain principles of protection of the rights and legitimate interests of participants in the criminal process of Russia
Kurbanova Kh. M., Sefikurbanov K. S.
Operational investigative process and its regulation
Lantukh E. V., Lyakhov I. V., Chasovnikova O. G.
System of prosecutoral supervision at the stage of institution of a criminal case
Mishchenko E. V.
Termination of criminal prosecution for tax crimes: some problematic aspects
Lifanova L. G., Zhuravlev A. A.
Problems of compensation for damage caused by a crime at the stage of pre-trial proceedings
Tailova A. G., Alieva R. G.
The role of the judge’s inner conviction in criminal proceedings
Trifonova Ch. A., Saakyan A. G.
Procedural and criminalistic aspects of the use of video recording materials in the investigation of crimes
Aldatov R. M., Asadueva S. A.
Initiation of a criminal case in the Russian criminal process actual problems
Alibaeva G. A.
Choosing an investigative action as a display of procedural independence of the investigator
Blinov I. A.
Problems of realization of positions of the Constitutional Court of the Russian Federation on observance of the constitutional rights of man and citizen provided by Part 2 of Art. 23, Art. 25 of the Constitution of the Russian Federation, at authorization of operative-search measures
Matyunin O. V.
Procedural features of combating tax crimes in the People’s Republic of China
Mukhtorov Ya. A.
On the issue of the concept and signs of accelerated proceedings in the system of criminal procedural law of the Republic of Tajikistan
Tarasenko D. V.
The institution of secret investigative actions in the context of ensuring the constitutional rights of participants in the criminal process
CRIMINAL-EXECUTIVE LAW
Glebova E. V.
On the issue of organizing social and educational work with convicts within the framework of the penitentiary probation system
Gorkina S. A.
Educational impact of the head of the UIS on employees: problems and prospects in the system of resolving suicidal behavior of employees
Zubkova V. I., Golovastova Yu. A.
On the issue of the public danger of the personality of convicts in places of deprivation of liberty
Medvedeva I. N.
On some features of the application of probation in Georgia
Merkusheva A. I., Titov D. V.
Topical issues of the use of information technology security tools in correctional institutions
CRIMINALISTICS
Biryukov S. Yu., Trubchaninov A. V.
Selected theoretical and applied aspects of the construction of the version
Dolgushina L. V.
Peculiarities of inspection of the scene during investigation of intentional destruction or damage to someone else’s property committed by arson
Ermolaeva L. N., Ponomareva A. V.
The process of formation of the institute of forensic examination
Lakomskaya M. Yu.
About the possibility of interrogation by the accused of a witness (victim) during the verification of testimony on the spot
Nizaeva S. R., Khayrullova E. T., Kushkhov R. Kh., Erkeev I. Kh.
The concept of interrogation and its significance for the investigation of crimes
Popova О. А., Saakyan A. G.
Interrogation of the witness in the preliminary investigation stage: objective necessity, tactical technique or means of multiplying evidence?
Safonova Yu. S., Dolgacheva O. I.
Opportunities and prospects for the introduction of digital technologies in criminal proceedings in Russia
Sysenko A. R.
Forensic rules for preparing for video recording used in investigative actions
CRIMINOLOGY
Marzaganova A. M.
Regional peculiarities of individual prevention of juvenile delinquency
Minachev G. B., Kutdusova A. V., Bondareva O. Yu.
Criminological characteristics of fraud in the field of computer information
Nesterova S. S.
Criminological features of the personality of an economic criminal
Peyzak A. V.
Problems of crime prevention programs evaluations
RadchenkoE. P., Vdovina A. N.
Digital rehabilitation of convicts and successful return to a digital society
Safonov A. A., Bondareva I. O.
Evolution of operational and investigative activities of internal affairs bodies
Yakhontova O. S., Pavlik E. M.
Selected aspects of cyber crime prevention at the current stage
Peyzak R. I.
The valuе of fraud crimes in the United States
JUDICIARY
Karpushkin A. V.
Problems of functioning of national courts of universal jurisdiction
LAW ENFORCEMENT AGENCIES
Zhukov A. Z., Fakov A. M.
Training future employees of internal affairs bodies in the field of combating cybercrime: problems and solutions
Seisebaev V. K., Zimina K. Yu., Demkin M. S.
On the introduction of a comprehensive endurance exercise into the system of control exercises for physical training of cadets of educational organizations of the FPS of Russia
Tekueva Yu. A.
Removing legal restrictions on digitalization as a threat to the information security of minors
SECURITY AND LAW
Grishay E. V., Lyuev T. Kh., Bulavkin A. A.
National security in the criteria of risks of reforming the Institute of the Ministry of Internal Affairs of Russia
Sobolev A. G., Malofey A. O., Fakhriev D. M.
On the issue of the possibility of legalizing weapons in the Russian Federation
PEDAGOGY AND LAW
Bernikov E. R., Kaznacheev V. A., Krapivin O. V., Muravjev A. V.
Use of modern innovative technologies in physical training classes in departmental universities
Verkhozina O. A., Potashova I. I.
Scientific and methodological aspects of the study of educational and professional motivation of students with disabilities and disabilities in educational institutions of higher education
Zvyagina A. V., Kutinova A. O.
Analysis of the training of scientific and pedagogical personnel in postgraduate educational institutions of the federal penitentiary service of the Russian Federation of higher education of the Federal Penitentiary Service of Russia: problematic issues and prospects
Zorina N. S., Tsarkova E. G.
Education as a means of social adaptation of juvenile convicts
Krasnikov V. N., Krasnikova M. V.
Pedagogical aspects of prevention of deviant behavior
Latypova E. R., Galeeva E. U., Konkova A. O.
Functions of language in the process of intercultural communication
Panova O. S., Emelyanov G. I., Orlov V. V.
Improvement of forms and methods of physical training in educational organizations of the Ministry of Internal Affairs of Russia
Zorina N. S.
Formation of moral standards among juvenile convicts
Ryasov A. V.
On the ways to implement the practical orientation of learning
PSYCHOLOGY AND LAW
Kamneva O. A., Taysaeva S. B.
The relationship of emotional burnout and coping behavior of prosecutor’s office employees
Popova I. N.
Dialectics mental and historical processes in society
HUMAN RIGHTS
Makoeva R. Kh.
Human rights and climate change: the International Legal Framework (UNFCCC, Kyoto Protocol and Paris Agreement)
Fastovich G. G.
Measures for targeted and individual prevention of anti-terrorist consciousness of students in the higher education system
STATE AND LAW
Zhurida A. S., Yakunin D. V.
Current problematic issues of passing the state civil service in the court apparatus
Stepanenko A. S.
State-legal postulates of the democratic form of government
Khavadzhi D. R.
On the issue of research methods for the transitional justice model
Shmelev I. V.
South Sudan: distribution of powers and formation of the federation
LANGUAGE AND LAW
Makayeva G. Z., Makayev Kh. F., Ibatulina L. M.
Using abbreviations when teaching languages to law students
ECONOMY. LAW. SOCIETY
Aliev I. A.
Budget resources as the main source of financing for social sector organizations
Amirova M. G., Suleymanova A. M.
The role of regional banks in the regional economy
Burmistrova A. A., Manannikova O. N., Rodionova N. K.
The shadow non-criminal sector as a manifestation of the imbalance of the region’s economy
Daitova P. I.
Analysis of the activity of the Pension and Social Insurance Fund of the Russian Federation in the sphere of pension provision
Nedzelskiy A. E., Nedzelskaya O. N.
Architectonics of entrepreneurial potential as a semiotic construct
Suleymanova A. M., Gadzhieva Z. Kh.
Assessment of the state of regional commercial banks
Fu Qi
Dilemmas and countermeasures analysis of China’s rural tourism financing model
PHILOSOPHY. LAW. SOCIETY
Bairov A. S.
Traditions of raid hunting among the Buryats
Davydenko M. V.
Criteria of artistic value in Russian religious and philosophical thought of the late 19th – early 20th centuries (based on the example of the philosophical and aesthetic views of A. Bely and P. A. Florensky)
Zolotarev S. P.
Formation of mass consciousness of Russian youth: a socio-philosophical analysis
Kornev G. P.
Ontological characteristics and etymological sources of Spiritual Truth by P. A. Florensky
Kurito O. V.
Ensuring progress in the field of knowledge, identifying gaps in research: the socio-philosophical aspect
Maksimenko M. V.
Тhe importance of the principles of professional ethics of an employee of the penal system
Chudina-Shmidt N. V.
Extremality world – the world of protest behavior of personality
Mukhlynkina Yu. V.
To the question of symbolic content modern national culture
Мakulina E. Yu.
Social memory in the context of informatization of social reproduction
Mirelli M. A.
The downside of social and humanitarian cooperation and images of soft power
BOOK REVIEW
Yumashev Yu. M.
Review of the monography of Ph.D. n Law Insur Zabirovich Farkhutdinov: “The evolution of international law from Westphal to Versailles (1648-1919)”.
PERSONA GRATA
Oktay Afandiyev:
«Аqsaqal» on the half century of the history of the Soviet and Russian science of international law
Interview with Oktay Firidun oglu Afandiyev, Ph.D. in Law, professor-consultant of the Azerbaijan State Economic University, member of the Association of the International Law of the Russian Federation since 1967.
EURASIAN INTEGRATION
PAVLOVA Mariya Alexandrovna
lecturer of International and integration law sub-faculty of the Institute of Law and National Security of the Russian Presidential Academy of National Economy and Public Administration under the President of the Russian Federation, Deputy Head of the Department of legal expertise of decisions of the Commission of the Legal Department of the Eurasian Economic Commission
THE YOUTH AGENDA IN THE CONTEXT OF SCIENTIFIC AND EDUCATIONAL INITIATIVES IN THE EURASIAN ECONOMIC UNION
The present study is aimed at considering the issues of scientific and educational initiatives in the Eurasian Economic Union with the participation of young specialists and the formation of the Eurasian scientific and educational cluster of youth.
Aim. To identify the functional significance of the Eurasian Economic Union in terms of the formation and development of the scientific and educational cluster of youth.
Tasks. To analyze the scientific and educational directions operating in the Eurasian Economic Union.
Methods. In this work, using the methods of logical, comparative and predictive analysis, positive trends in the development of education and science, as well as technological development, on which the creation of joint research, production and technological centers in advanced branches of science, technology and technology in the Eurasian Economic Union depends, are revealed.
Results. The study showed that integration is an effective tool for the development of youth potential – young scientists, provided that there are sufficiently effective legal and organizational tools. The Eurasian Economic Union is precisely such a tool, on the platform of which interaction and strategic decision-making are carried out, allowing for the development of scientific, educational and scientific and technological directions.
Conclusion. The Eurasian Economic Union plays a significant role in the modern world, providing its participants with comparative advantages and opportunities for the development of the youth agenda in the context of scientific and educational initiatives. The security of the member States of the Union in the context of strategic cooperation is determined by the state and level of development of education, science and technological development, on which the creation of joint research, production and technological centers in advanced branches of science, technology and technology depends. Scientific, educational, scientific and technological directions have been developing quite intensively in the EAEU over the past few years. Such areas of cooperation have enormous prospects, which have made it possible to establish interstate cooperation, consolidate scientific knowledge, create joint scientific and educational schools, develop new scientific directions, promote academic mobility, exchange of personnel and technologies. Science and education.
Keywords: The Eurasian Economic Union, the Treaty on the Eurasian Economic Union of May 29, 2014, the Eurasian Economic Commission, youth agenda, science, education, scientific and technical Council, Youth Council, strategic directions, the Eurasian Economic Path, academic mobility.
Bibliographic list of articles
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INTERNATIONAL LAW
ASTAKHOVA Marina Anatoljevna
Ph.D. in Law, associate professor, associate professor of Theoretical and public law sub-faculty of the Tyumen State University
NORM-SETTING OF THE BRICS
The beginning of the 21st century was marked by the emergence of a new subject of international relations – the interstate association of the BRICS. Formation of the BRICS has stimulated its research in various scientific fields: politics, law, economics, international relations. In the legal scientific field, scholars were interested in, inter alia, aspects of the legal basis for the creation and functioning of the BRICS, the peculiarities of the status of the BRICS as a subject of international relations, the prospect of establishing a BRICS human rights court. This study is an attempt of analytical thinking of such a specific aspect of the BRICS functioning as norm-setting. The methodology of the study is based on the analysis of the BRICS acts adopted in the period 2009-2023 through the prism of such criteria as the order of acceptance, subjects of adoption, type of act, nature of the relationships covered, type of prescriptions. As a result of the study, the BRICS norm-setting is defined as a formally unsettled non-binding norm-making process, carried out by both official and unofficial persons representing the BRICS member States. As a scientific perspective, the study of the impact of the BRICS recommendatory acts on the formation and development of national legislation of the BRICS member States is declared.
Keywords: BRICS, norm-setting, interstate association, recommendatory acts, soft law.
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INTERNATIONAL LAW
BUTAKOVA Nadezhda Alexandrovna
Ph.D. in Law, associate professor, Head of State and international law sub-faculty of the St. Petersburg State Marine Technical University
EVGRAFOVA Irina Vladimirovna
Ph.D. in pedagogical sciences, associate professor, Dean of the Faculty of Natural Science and Humanities Education of the St. Petersburg State Marine Technical University
ELISEEV Andrey Igorevich
magister student of the St. Petersburg State Marine Technical University
INSTITUTIONALIZATION OF BRICS IN THE CONTEXT OF THE CONSTRUCTIVIST APPROACH TO THE INTERNATIONAL LAW
The BRICS plays an increasingly important role in the world affairs, attracting more than 30 states as strategic partners and potential members. At the same time, its institutional frames are vague. The article analyzes possible ways of development of the BRICS’ institutional structure in the context of both quantitative and qualitative transformations. The article argues that the law construction of BRICS depends on the organization’s identity, which produces itself basing on certain objective, as well as subjective factors, the objective factor being the structural and idealistic essence of the international legal cooperation, the subjective factor being the civilizational identity narratives of the BRICS members, incorporated into their strategic documents, as well as reflected in the annual summits’ final communiques.
Keywords: BRICS, Global South, multipolarity, international relations theory, institutionalization, constructivism .
Article bibliography
1. Law of international organizations: textbook for universities / A. Kh. Abashidze [et al.]; edited by A. Kh. Abashidze. – 2nd ed., revised and enlarged Moscow: Yurait Publishing House, 2024. 565 p.
2. Shkuropatov D., Dzirun I., Petrushina O. Vectors of Development of the Russian Federation as Part of BRICS // International Journal of Humanities and Natural Sciences. 2024. No. 2-3 (89 ). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/vektory-razvitiya-rossiyskoy-federatsii-v-sostave-briks (date of access: 16.08.2024).
3. Abashidze A., Solntsev A., Kiseleva E. Legal Status of BRICS and Some Trends of International Cooperation // Indian Journal of Science and Technology. 2016. Vol 9 (36). DOI: 10.17485/ijst/2016/v9i36/102004
4. Bono M. The Dark Side of the BRICS: the Lack of a Legal Definition // Opinio Juris in Comparatione. Vol. 1. 2023. No. 1. ISSN 2281-5147
5. Bourdieu P. La Distiction: Critique sociale du jugement // Les Éditions de Minuit. 1979. 670 p.
6. Fokina E. Institutionalization of BRICS: From Literature Review to Making Reality. [Electronic resource]. – Access mode: https://russiancouncil.ru/en/analytics-and-comments/columns/around-brics/institutionalization-of-brics-from-literature-review-to-making-reality/?sphrase_id=134950419) ( addressed: 07.28.2024)
7. Habermas J. The Theory of Communicative Action Vol. I: Reason and the Rationalization of Society. Boston: Beacon Press, 1984.
8. Koselleck R. Einleitung // Geschichtliche Grundbegriffe. Historische Lexikon zur politisch-sozialen Sprachen Deutschland / Hrsg. von O. Brunner, W. Conze, R. Koselleck. Bd. 1. Stuttgart, 1972. S. XXIII.
9. Kratochwil F. V. Rules, Norms, and Actions: laying the conceptual foundations. In: Rules, Norms, and Decisions: On the Conditions of Practical and Legal Reasoning in International Relations and Domestic Affairs. Cambridge Studies in International Relations. Cambridge University Press, 1989. pp. 21-44.
10. Nicolaidis K. ‘The power of the Superpowerless’, in T. Lindberg (ed.) Beyond Paradise and Power: Europeans, Americans and the Future of a Troubled Partnership. Routledge, 2004.
11. Papa M. BRICS as a Global Legal Actor: from Regulatory Innovation to BRICS Law?’ in L. Scaffardi, (eds)
12. O’Neill J., The Growth Map. Economic Opportunity in the BRICs and Beyond. Penguin Books, 2011.
13. Scaffardi L. BRICS, a Multi-Centre “Legal Network”? // Beijing Law Review. 2014. Vol. 5. No. 2. Article ID:47127, 9 pages. [Electronic resource]. – Access mode: https://www.scirp.org/html/4-3300253_47127.html (addressed: 07/30/2024).
14. Susen S. Jürgen Habermas: Between Democratic Deliberation and Deliberative Democracy. In: Wodak, R. & Forchtner, B. (Eds.) // The Routledge Handbook of Language and Politics. 2018. pp. 43-66.
15. Wendt A. Social Theory of International Politics. Cambridge University Press. NY, 1999. 429 p.
INTERNATIONAL LAW
IDELBAEVA Gulfiya Ishbuldovna
Ph.D. in Law, associate professor, associate professor of International and integration law sub-faculty of the Institute of Law of the Ufa University of Science and Technology
DEVELOPMENT OF INTERNATIONAL EXPERIENCE ON COUNTERING TERRORISM AND EXTREMISM
This article examines the evolution of international legislation in the field of extremist and terrorist crimes. The threat of terrorist crimes is currently one of the ubiquitous complexities of the global system. The danger of a terrorist act is manifested in its multiplicity of objects, which, asa rule, include people’s lives and health. International assistance in the field of counteraction has its own significant role, since it provides for determining the most effective means of influencing terrorist crimes.
Keywords: crimes of extremist and terrorist nature, international legislation, countering extremism and terrorism.
Article bibliography
1. Ivantsov S. V., Uzembaeva G. I. Counteracting extremist crimes committed using the media or information and telecommunication networks: criminal-legal and criminological aspects: monograph. – Moscow, Yurlitinform, 2018. Series: Criminal law. – 144 p.
2. Ivantsov S. V. Legal problems of control over organized crime: international experience and development prospects // Bulletin of the Voronezh Institute of the Ministry of Internal Affairs of Russia. – 2009. – No. 3. – P. 10-16.
3. Sinyakin I. I. Terrorism with the use of weapons of mass destruction: international legal issues of counteraction. – Moscow: Norma, 2012. – P. 37.
4. Uzembaeva G. I. Extremist crimes committed with the use of mass media or information and telecommunication networks: criminal-legal and criminological characteristics: abstract of a dissertation for the degree of candidate of legal sciences. – Moscow, 2016. – P. 3-4.
INTERNATIONAL LAW
PARAMUZOVA Olga Gennadjevna
Ph.D. in Law, associate professor of International and humanitarian law sub-faculty Northwestern Institute of Management of the Russian Presidential Academy of National Economy and Public Administration, St. Petersburg
ENSURING NUCLEAR SAFETY AS A FACTOR IN INCREASING THE MANAGEABILITY OF THE MODERN INTERSTATE SYSTEM OF INTERNATIONAL RELATIONS
In the conditions of stagnation of international legal regulation of urgent problems of modern international relations, the factor of increasing the authority of the current positive international law, which has its generally recognized international legal framework, the Charter of the United Nations, which is currently in a deep geopolitical crisis, is extremely important. Only by increasing the manageability of international legal regulation will humanity be able to solve the problem of self-preservation. The nuclear threat, which is far from prosaic today, must be eliminated or at least reduced. The relevance of the research consists in the author’s attempt to solve these international legal and, of course, domestic problems, due to the objective statement of the existence of such objective factors of modern geopolitics as: the indivisibility of peace and international security, the interconnectedness and interdependence of national and international security, the impossibility of ensuring global international security by ensuring the national security of individual states, regardless of their political role and potential in the modern conditions of the international legal order. The world is not divisible, nor is international security divisible. The solution to the problem of streamlining international relations is possible only through the effective operation of universal general international law, through which it is possible not only to prevent internationally wrongful activities, but also to bring to international legal responsibility any entity that has violated its international legal obligations. Reducing the threat of self-destruction of mankind as a result of the illegal use of nuclear energy by redirecting it into a military channel can modernize international legal awareness at all its levels and, as an inevitable consequence, revive faith in the authority lost by international law.
Keywords: the authority of international law, international and national security, increasing the manageability of the interstate system of international relations, nuclear non-proliferation, nuclear threat.
Article bibliography
1. Actual problems of international law in modern geopolitical conditions: materials of a scientific conference. – St. Petersburg, 2020.
2. Nuclear non-proliferation: a textbook / [S. V. Wolfson, I. V. Gubareva, L. V. Deriglazova et al.; ed. L. V. Deriglazova]; Vol. state University. – Tomsk: Tomsk University Press, 2017. [Electronic resource]. – Access mode: http://vital.lib.tsu.ru/vital/access/manager/Repository/vtls:000586737.
3. Martens F. F. Modern international law of civilized nations. T. II. – St. Petersburg, 1883 @@ Martens F. F. The Hague Peace Conference. Cultural and historical essay // Bulletin of Europe. – St. Petersburg, 1900. – No. 3.
4. Ivanenko V. S. The enduring significance of the Martens clause, its origins, causes and consequences. A view from Russia // Electronic version of the article on the official website of the International Peace Conference. 08/24/2022. [Electronic resource]. – Access mode: https://www.icrc.org/ru/document/neprehodyashchee-znachenie-ogovorki-martensa-eyo-istoki-prichiny-i-posledstviya-vzglyad-iz.
5. Grotius Hugo. On the Law of War and Peace. Full text with comments. – M., 2023.
6. Kukushkina A. V., Ioyrysh A. I. International humanitarian law and the Martens clause // Law and Right. – 2019. – No. 9. – P. 159-163.
7. Hobbes T. Leviathan, or the Matter, Form and Power of the Ecclesiastical and Civil State. – M., 2020.
8. Joel R. Paul. Comity in International Law // Harvard International Law Journal. – 1991. – Vol. 1, 4. [Electronic resource]. – Access mode: http://books.google.com/ @@ Slaughter A. M. Court to Court // American Journal of International Law. – 1998. – Vol. 92. [Electronic resource]. – Access mode: http://books.google.com/
9. Getman-Pavlova I. V. The concept of “politeness” in the conflict of laws doctrine of Ulrich Huber. Results obtained during the implementation of Project No. 11-01-0052 “Doctrine in the system of sources of international private law”, implemented within the framework of the HSE Scientific Foundation Program in 2012-2-13. [Electronic resource]. – Access mode: https://www.hse.ru/data/2014/09/05/1315965066/Гетман-Павлова.pdf.
10. Pictet J. Development and principles of international humanitarian law (translated from French). – M., 1994. – P. 78.
11. Oskolskaya D. I. Nuclear weapons as a threat to global security at the beginning of the 21st century // Electronic journal “Archon”. – 2018. – Issue No. 2 (5).
12. Komarov P. V. International control in the field of non-proliferation of nuclear weapons. Abstract of the dissertation for the degree of candidate of legal sciences. – St. Petersburg, 2004.
13. Valeev R. M. Control in modern international law. – Kazan, 2003.
14. Paramuzova O. G. Nuclear safety in the context of the modern international legal order. – St. Petersburg, 2006. – P. 50.
15. Some aspects of the formation of a new international legal consciousness International law and international organizations // International Law and International Organizations. – 2023. – No. 4. – P. 46-57.
INTERNATIONAL LAW
SIDOROV Sergey Alexandrovich
Ph.D. in political sciences, Far Eastern Institute (branch) of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Khabarovsk
MAKAROV Vitaliy Viktorovich
student of the 4th course, Far Eastern Institute (branch) of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Khabarovsk
GUZHENKO Evgeniy anovich
student of the 4th course, Far Eastern Institute (branch) of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Khabarovsk
THE LEGAL STATUS OF THE CASPIAN SEA AND THE PROBLEMS OF PROTECTION AND CONSERVATION OF MARINE BIOLOGICAL RESOURCES
In the article, the author examines the legal status of the Caspian Sea , its features and problems of protection and protection of marine biological resources. The author notes that the bottom and subsoil of the Caspian Sea are not legally the continental shelf of the Caspian littoral states. Moreover, they cannot be attributed to the seabed and subsoil of the open sea, since there is no open sea in this basin, as defined in Articles 86 and 87 of the 1982 Convention. The provisions enshrined in the 2018 Convention have significant differences from the 1982 UN Convention on the Law of the Sea. In this regard, it is not possible to apply the norms of the Administrative Code of the Russian Federation, which ultimately affects the effectiveness of work on the protection and protection of aquatic biological resources of the Russian Federation.
Keywords: legal status, convention, aquatic biological resources, poaching, federal state control.
Article bibliography
1. Bekyashev K. A., Bekyashev D. K. New international legal regime of the Caspian Sea // Proceedings of VNIRO. – 2018. – Vol. 174. – P. 131-141.
2. Code of the Russian Federation on Administrative Offenses of November 30, 2020 – Moscow: AST Publishing House, 2022. – 704 p.
3. Convention on the Legal Status of the Caspian Sea of August 12, 2018 [Electronic resource]. – Access mode: http://www.kremlin.ru/supplement/5328 (date of access: 05/21/2024).
4. On the internal sea waters, territorial sea and contiguous zone of the Russian Federation: Federal Law of the Russian Federation of July 31, 1998 No. 155-FZ.
5. On the continental shelf of the Russian Federation: Federal Law of the Russian Federation. Federation of November 30, 1995 No. 187-FZ.
6. On Fishing and Conservation of Aquatic Biological Resources: Federal Law of the Russian Federation of December 20, 2004 No. 166-FZ.
7. On the Exclusive Economic Zone of the Russian Federation: Federal Law of the Russian Federation of December 17, 1998 No. 191-FZ.
8. On Determining Landing Sites for Catches on the Territory of the Republic of DagestanABR obtained (caught) during coastal fishing, fish and other products made from such catches on vessels of the fishing fleet, in live, fresh and chilled form: Resolution of the Government of the Republic of Dagestan dated 31.01.2019 No. 12.
9. Tagiev S. Ch. International legal protection of the Caspian Sea environment / Abstract of Cand. Sci. (Law) Dissertation. – Moscow, 2012. – 38 p.
INTERNATIONAL LAW
LADUTKO Kristina Fuadovna
postgraduate student of the 3rd course in the direction «International Law & European Law” of the Institute of Law and National Security of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation
LEGAL REGULATION OF DIRECT PARTICIPATION IN HOSTILITIES ON THE EXAMPLE OF THE IRAQ WAR (2003-2023)
The article discusses direct participation in hostilities and problems of its regulation on the example of the Iraq War (2003-2023). The article also compares different scientific approaches to the assessment of criteria (in particular, the criterion of harm threshold), which helps to decide if one’s actions can be qualified as direct participation. The author substantiates the necessity of additional legal regulation of the mentioned legal sphere and proposes possible ways of regulation.
Keywords: direct participation in hostilities, Iraq War, armed conflicts, protection of civilians, international humanitarian law.
Article bibliography
1. International Committee of Red Cross. Civilian “direct participation in hostilities”: overview. // ICRC Journal. – 2010. – [Electronic resource]. – Access mode: https://www.icrc.org/en/document/civilian-direct-participation-hostilities (date of access: 20.05.2023).
2. Meltzer, N. International Committee of the Red Cross. Direct participation in hostilities. Guide to the interpretation of the concept in light of international humanitarian law. – Publishing House of the International Committee of the Red Cross, 2009. – 109 p.
3. Kessler, G. The Iraq War and WMDs: An intelligence failure or White House spin? // Washington Post. – 2019. – [Electronic resource]. – Access mode: https://www.washingtonpost.com/politics/2019/03/22/iraq-war-wmds-an-intelligence-failure-or-white-house-spin/ (date of access: 05/21/2024).
4. BBC News. Iraq war illegal, says Annan. 2004. – [Electronic resource]. – Access mode: http://news.bbc.co.uk/2/hi/middle_east/3661134.stm (date of access: 05.21.2024).
5. Schmitt M. N. Deconstructing Direct Participation in Hostilities: the Constitutive Elements // International Law and Politics. – 2010. – Vol. 42. – No. 697. – P. 697-739.
6. Watkin, K. Opportunity Lost: Organized Armed Groups and the ICRC “Direct Participation in the Hostilities” Interpretive Guidance. // New York University Journal of International Law and Politics. – 2010. – No. 42. – P. 641-658.
7. Dinstein, Y. Concluding Observations: The Influence of the Conflict in Iraq on International Law // International Law Studies. – 2010. – Vol. 86. – P. 479-494.
8. Dinstein Y. Distinction and Loss of Civilian Protection in International Armed Conflicts in International Law and Military Operations // US Naval War College International Law Studies. Michael D. Carsten ed. – 2008. – Vol. 84. – P. 180-206.
9. Melzer N. Keeping the Balance Between Military Necessity and Humanity: A Response to Four Critiques of the ICRC’s Interpretive Guidance on the Notion of Direct Participation in Hostilities. – New York University Journal of International Law & Politics, 2010. – R. 831-916.
10. Schmitt M. N. Humanitarian Law and Direct Participation in Hostilities by Private Contractors or Civilian Employees // Chicago Journal of International Law. – 2004. – Vol. 5. – No. 2, Article 11. – P. 511-546.
11. Jensen E. T. Direct Participation in Hostilities in Banks WC (ed). New Battlefields Old Laws: Critical Debates on Asymmetric Warfare. – Columbia University Press New York, 2011. – 320 p.
12. Heaton J. R. Civilians at War: Re-examining the Status of Civilians Accompanying the Armed Forces. – 2005. A F L Rev. – R. 155-208.
13. International Committee of the Red Cross. Yves Sandoz et al., Commentary on the Additional Protocols of 8 June 1977 to the Geneva Conventions of 12 August 1949. 1986. § 1679, § 1844, § 1944, § 4788.
14. International Committee of Red Cross. United Nations General Assembly. – [Electronic resource]. – Access mode: https://www.icrc.org/en/general-assembly (date of access: 20.05.2023).
INTERNATIONAL LAW
RUBIO Ortegon Jennifer
postgraduate student of International law sub-faculty of the Patrice Lumumba Peoples’ Friendship University of Russia
THE ROLE OF THE INTERNATIONAL ORGANIZATIONS AND BODIES IN THE USE OF ECOSYSTEM APPROACH TO PROTECT AMAZON REGION: INTERNATIONAL LEGAL ASPECTS
The preservation of the Amazon region presents a pivotal challenge with profound global ramifications. This paper delves into the essential role of international organizations and bodies in employing the ecosystem approach to safeguard the Amazon region. Through a comprehensive analysis, this paper evaluates the effectiveness of existing international initiatives in leveraging the ecosystem approach to mitigate the myriad threats facing the Amazon, from deforestation to climate change. It examines the challenges of enforcement, coordination, and implementation encountered in harnessing international efforts to protect this critical ecosystem. Furthermore, this paper underscores the interconnectedness of the Amazon region with global environmental dynamics and emphasizes the importance of cooperation action on an international scale. By elucidating the important role of international organizations and bodies in leveraging the ecosystem approach, this paper advocates for enhanced cooperation, innovative strategies, and sustainable development paradigms to ensure the enduring preservation of the Amazon region and mitigate the broader impacts of climate change.
Keywords: Amazon rainforest, international law, International Organization, Amazon Protection Framework.
Bibliographic list of articles
1. Steiner A. (2006). An Introduction to the African Convention on the Conservation of Nature and Natural Resources (No. 56). IUCN
2. Estenssoro Saavedra, J. Fernando. (2007). Antecedentes para una historia del debate político en torno al medio ambiente: la primera socialización de la idea de crisis ambiental (1945-1972). Universum (Talca). – No. 22 (2). – R. 88-107. https://dx.doi.org/10.4067/S0718-23762007000200007.
3. García, Beatriz (2011). The Amazon from an International Perspective. 2016), Pag 131.
4. Solntsev A., Abashidze A., Kiseleva E., Alisievich E., Keburia K., Adu, Ya., … & Ilyashevich. Law of international organizations. Regional, interregional , subregional intergovernmental organizations. Textbook for bachelor’s and master’s degrees. – M.: Litres, 2017.
5. Solntsev A. M., & Otrashevskaya A. M. Escazu as a new stage in the development of mechanisms for the protection of environmental human rights in the region of Latin America and the Caribbean // Journal of Foreign Legislation and Comparative Law. -2020. – No. 6. – R. 146-161.
INTERNATIONAL LAW
SAMOYLOVA Anna Alexandrovna
magister student of International law sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
SIBAGATULLINA Karina Lutfullovna
magister student of International law sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
THE HUMAN RIGHTS DIMENSION OF THE SUSTAINABLE DEVELOPMENT GOALS IN THE PRACTICE OF MUSLIM STATES IN THE FIELD OF PEACEFUL USE OF NUCLEAR ENERGY
The article examines the international legal aspects of the implementation of the Sustainable Development Goals in the context of the protection and promotion of human rights through comprehensive and inclusive access to nuclear energy. It also examines state policies regarding the use of nuclear energy for peaceful purposes and contains an analysis of programs and initiatives within the framework of the IAEA’s work to disseminate information on the peaceful uses of nuclear energy in various fields. The article analyzes the practice of Muslim states in implementing the “peaceful atom ” program.
Keywords: the SDGs, human rights, international law, international protection of human rights, the IAEA, the UN.
Article bibliography
1. African Regional Cooperation Agreement on Research, Development and Training in Nuclear Science and Technology (AFRA). [Electronic resource]. – Access mode: https://www.afra-web.org/ (date of access: 27.04.2024).
2. The Future of Atoms: Artificial Intelligence for Nuclear Applications. [Electronic resource]. – Access mode: https: //www.iaea.org/ru/newscenter/news/budushchee-atomov-iskusstvennyy-intellekt-dlya-yadernyh-primeneniy (date of access: 27.04.2024).
3. Initiative for the Peaceful Uses of Nuclear Energy (IPU) ). [Electronic resource]. – Access mode: https://www.iaea.org/ru/uslugi/klyuchevyye-programmy/chto-predstavlyaet-soboy-iniciativa-v-otnoshenii-mirnogo-ispolzovaniya-yadernoy-energii (date of access: 24.04.2024).
4. International Ocean Acidification Coordination Centre. [Electronic resource]. – Access mode: https://www.iaea.org/services/oa-icc (date of access: 01.05.2024).
5. Nuclear Safety Projects (in English). [Electronic[Electronic resource]. – Access mode: https://www.iaea.org/sites/default/files/21/06/pui_ns_projects_09.06.2021.pdf (date of access: 03.05.2024).
6. Nuclear Energy Projects (in English). [Electronic resource]. – Access mode: https://www.iaea.org/sites/default/files/23/09/01_pui_ne_projects_2023.pdf (date of access: 03.05.2024).
7. Nuclear Applications Projects (in English). [Electronic resource]. – Access mode: https://www.iaea.org/sites/default/files/20/08/pui_na_projects_and_concepts_new.pdf (date of access: 02.05.2024).
8. IMI Projects. [Electronic resource]. – Access mode: https://www.iaea.org/ru/o-nas/initsiativa-mirnogo-ispol-zovaniya/proekty-na-angl-yazyke (date of access: 24.04.2024).
9. Regional technical cooperation projects designated by footnote a/ (in English). [Electronic resource]. – Access mode: https://www.iaea.org/sites/default/files/20/08/pui_na_projects_and_concepts_new.pdf (date of access: 01.05.2024).
10. IAEA Statute [Electronic resource]. – Access mode: https://www.iaea.org/sites/default/files/statute_rus.pdf (date of access: 30.04.2024).
11. Financing of IAEA projects. [Electronic resource]. – Access mode: https://www.iaea.org/ru/o-nas/initsiativa-mirnogo-ispol-zovaniya/finansirovanie (date of access: 30.04.2024).
12. IAEA Director General to visit Iran. [Electronic resource]. – Access mode: https://ria.ru/amp/20240430/magate-1943191766.html (date accessed: 27.04.2024)
13. “We Won’t Retreat ‘One Iota’: Iran President”, Fox News, 14 April 2006. [Electronic resource]. – Access mode: http://www.foxnews.com/story/0,2933,191588,00.ht (accessed: 01.05.24).
14. Agha A.G. Iran’s Pursuit of Peaceful Nuclear Technology // Pakistan Horizon. – 2012. – Vol. 65. No. 1. – P. 35-52
15. Communication dated 12 September 2005, from the Permanent Mission of the Islamic Republic of Iran to the Agency. IAEA Information Circular. [Electronic resource]. – Access mode: http://www.iaea.org/Publications/Documents/Infcircs/2005/infcirc657 (accessed: 01.05.24).
16. The UAE Peaceful Nuclear Energy Program. [Electronic resource]. – Access mode: https://www.enec.gov.ae/doc/the-uae-peaceful-nuclear-energy-program-in-brief-eng-6140373b61a45.pdf (accessed: 02.05.2024).
17. Gareth Smyth Iran’s nuclear program is peaceful // Financial Times. – 2004. [Electronic resource]. – Access mode: http://www.ft.com/intl/cms/s/0/52c8d7b8-027c-lld9-a968 00000e251 lc8.html#axzz lgZsCE (accessed: 05/01/24).
18. Report by the Director-General IAEA, ‘Implementation of the NPT Safeguards Agreement in the Islamic Republic of Iran’, 27 February 2006. [Electronic resource]. – Access mode: http://www.iaea.org/Publications/Documents/Board/2006/gov2006-15.p (accessed: 04/19/24).
19. Harald Muller, “Maintaining Non-nuclear Weapon Status” in Regina Cowan Karp, ed., Security with Nuclear Weapons? Different Perspectives on National Security. – Oxford University Press, 1991. – R. 301-339.
INTERNATIONAL LAW
CHEN Guixin
Ph.D. of International law sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia, assistant of International law sub-faculty of the Institute of Law of the Heilongjiang University (PRC)
TREATY BODIES OF THE RAMSAR CONVENTION ON WETLANDS in 1971
Wetlands, the cradle of biodiversity, are vital for the survival of humankind. Currently, the area and quality of wetlands are declining in most regions of the world. The Ramsar Convention on Wetlands, as an international convention aimed at protecting a single ecosystem, has effectively improved the situation of wetlands worldwide in recent years, and this is closely related to the functioning of the bodies established under the Convention. Within the framework of this article, the author analyzes the activities of these bodies, identifying pros and cons in their activities.
Keywords: the Ramsar Convention on Wetlands; Wetland conservation, Ramsar Convention treaty bodies, the Conference of the Contracting Parties (COP), the Standing Committee, the Secretariat, the Scientific and Technical Review Panel (STRP).
Bibliographic list of articles
1. Kopylov M.N., Solntsev A.M. The Ramsar Convention is 40 years old // Journal of Russian Law. – 2012. – No. 3 (183). – pp. 105-112.
2. Chen G. Analysis of the Outcomes of the 14th Conference of the Parties to the Ramsar Convention on Wetlands (COP14) // Eurasian Law Journal. – 2023. – No. 3 (178). – P. 48-51.
3. Convention on Wetlands. (2021). Global Wetland Outlook: Special Edition 2021. Gland, Switzerland: Secretariat of the Convention on Wetlands.
4. Ramsar Convention on Wetlands. (2018). Global Wetland Outlook: State of the World’s Wetlands and their Services to People. Gland, Switzerland: Ramsar Convention Secretariat.
5. Resosolution 3.3: Establishment of a Standing Committee.
6. Resolution 5.5: Establishment of a Scientific and Technical Review Panel.
7. STRATEGIC PLAN 1997-2002.
8. The 4th Strategic Plan 2016 – 2024.
9. The 4th Strategic Plan 2016 – 2024:2022 update.
10. The Ramsar Strategic Plan 2003-2008.
11. The Ramsar Strategic Plan 2009-2015.
12. Workplan of the Secretariat for 2023-2025.
INTERNATIONAL LAW
SMIRNYKH Sergey Evgenjevich
Ph.D. in Law, General Secretary of the Russian Association of International Law
CHILDREN AND YOUTH AS SUBJECTS OF INTERNATIONAL RELATIONS IN THE DIGITAL ENVIRONMENT
The article deals with the status of children and youth as subjects of international relations in the digital environment. It is noted that the digital environment developed with little participation of states and the world community, relying on the norms that were developed by the subjects dominating in the digital space. In this regard, the improvement of digital technologies leads to the fact that existing international legal instruments and national legislation of states are outdated and do not fully ensure the implementation and protection of the rights of children and young people.
Keywords : rights of children and youth, actors of international relations, digital environment, internet, security, exploitation.
Bibliographic list
1. Malcolm N. Shaw. International Law. – Cambridge: Cambridge University Press, 2008. – 1433 p.
2. Rebecca M.M. & Wallace M.-O., International Law. – London: Sweet & Maxwell. 2013. – 438 p.
3. Manner G. The Object Theory of the Individual in International Law // American Journal of International Law. – 1952. – 46. no. 3. – Pp. 428-449.
4. Grotius G. On the Law of War and Peace. Book 1: Three Books / Hugo Grotius; Trans. from Latin. A. L. Sacchetti; Introductory article by prof. A. I. Denisov « Hugo Grotius on Law, pp. I-XV; All-Union Institute of Legal Sciences of the Ministry of Justice of the USSR. – M.: Legal Publishing House, 1948. – 200 p.
5. Tyurina N. E. Public interest in international trade law: author’s abstract. diss. … doctor of law. – Kazan, 2016. – 42 p.
6. Harris D. J. Cases and Materials on International Law. – London: Sweet & ; Maxwell, 2004. – Pp. 131-32.
7. Velyaminov G. M. International law: experiments. – M.: Statut, 2015. – 1005 p.
8. Trubetskoy E. N. Encyclopedia of law. – Kyiv, 1906. – 183 p.
9. Fomin A. A. Subjects of law: a textbook. – Penza: Publishing house of Penza state University, 2007. – 156 p.
10. Kamarovsky L. A., Ulyanitsky V. A. International law. – M., 1908. – 276 p.
11. Modzhoryan L. A. Subjects of international law. – M.: Gosyurizdat, 1958. – 91 p.
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INTERNATIONAL PRIVATE LAW
EGOROV Igor Andreevich
junior researcher of the research laboratory “Center for Comprehensive Study of Regional Security Problems” of the Pskov State University
ODINA Lyudmila Nikolaevna
senior lecturer-methodologist of the Educational department of the Pskov branch of the St. Petersburg University of the FPS of Russia
LEGAL FORMS OF INTERNATIONAL SEA TRANSPORTATION OF GOODS IN MODERN CONDITIONS
The article is devoted to the study of the process of organization and legal regulation of international sea transportation of goods, based on the analysis of the legal means available in this area. The authors analyze the most general trends in the development of the most common legal forms of international sea cargo transportation in modern conditions, taking into account some specific norms of private international law in this area.
Keywords: cross-border trade, maritime communication, maritime transport agreement, charter, bill of lading, freight, basic terms of delivery.
Article bibliography
1. Aleshina A. V. International maritime carriage of goods contract: concept and types // Bulletin of the St. Petersburg Law Academy. – 2015. – No. 1 (26). – P. 46-50.
2. Aleshina A. V., Kosovskaya V. A. The structure of the conflict of laws rule: theoretical and practical aspects // Law in the modern world: issues of theory, history and practice: Collection of scientific articles based on the materials of the International scientific and practical conference of April 26, 2012 – St. Petersburg: RSPU im. A.I. Herzen, 2012. – P. 62-66.
3. Belyaev V. P., Nintsieva T. M. Object and subject of legal regulation: the problem of defining concepts // Bulletin of the legal faculty. SFedU / Southern. Federal University – Rostov n / D, 2020. – Vol. 7. No. 3. – P. 13-20.
4. Bublik V. A. Unification of legal regulation of international sea transportation of goods // Transformation of law in the information society: Materials of the III All-Russian scientific and practical forum of young scientists and students, Yekaterinburg, November 26, 2020. – Yekaterinburg: Federal State Budgetary Educational Institution of Higher Education “Ural State Law University”, 2020. – P. 13-19.
5. Egorov A. No claims filed // Rodina. – 2014. – No. 11. – P. 130-131.
6. Egorov A. M. The Problem of the Evolution of the Principles of International Law and Diplomacy in the Context of the First Pan-European War of 1618-1648 // Actual Problems of International Relations and Diplomacy (1918 – Early XXI Century): Proceedings of the III International Scientific and Practical Conference, Vitebsk, May 17-18, 2018 / Vitebsk State University named after P. M. Masherov. – Vitebsk: Vitebsk State University named after P. M. Masherov, 2018. – P. 12-16.
7. Egorov A. M. Problems of socio-economic development of the population of the British West Indies under colonialism // Russia and the world community: problems of demography, ecology and public health: Collection of articles of the VI International scientific and practical conference, Penza, July 10-11, 2023 / Edited by S. D. Morozov, V. B. Zhiromskaya. – Penza: Penza State Agrarian University, 2023. – P. 87-90.
8. Egorov A. M. The relationship between socio-economic and military-strategic factors in the history of the British West Indies // Innovative approaches to the development of the humanities: problems, trends, prospects: collection of materials of the XXXII international in-person and correspondence scientific and practical conference, Moscow, July 10, 2023. Volume 1. – Moscow: Scientific Publishing Center “Imperia”, 2023. – P. 11-12.
9. Egorov AM Rivalry of the Hanseatic League members for leadership in cross-border trade in the Baltic Sea in the Middle Ages // Eurasian Law Journal. – 2019. – No. 4 (131). – P. 93-94.
10. Egorov AM Cross-border aspects of the political and legal development of the urban republic of medieval Pskov // History of the state and law. – 2013. – No. 1. – P. 12-14.
11. Egorov AM, Egorova VI Financial monitoring in Russia and its relationship with law enforcement // Society. Environment. Development. – 2007. – No. 3 (4). – P. 15-21.
12. Ivanova T. A. Current issues in international cargo transportation // Globalization of science and technology in the context of crisis: Proceedings of the XXIX All-Russian scientific and practical conference. In 2 parts, Rostov-on-Don, March 15, 2021. Volume Part 2. – Rostov-on-Don: Southern University (IUBiP), “VVM Publishing House”, 2021. – Pp. 166-171.
13. Ilyina I. Yu. Legal significance of the bill of lading in the carriage of goods by sea // Law and Right. – 2020. – No. 8. – Pp. 39-46.
14. Marinova D. M. Law applicable to contracts for the international carriage of goods by sea // Scientific works of the North-West Institute of Management. – 2015. – Vol. 6. No. 3 (20). – P. 267-271.
15. Maryashin V. E. Seaworthiness of a vessel as a key condition of a contract for the carriage of goods by sea in tramp service // Gaps in Russian legislation. – 2013. – No. 6. – P. 131-133.
16. Melnik A. A. Collisions in international legal regulation of maritime transport: historical aspect // Law. Society. State. – 2018. – P. 163-165.
17. Ushakov D. V. Legal problems of regulation of maritime transport of goods: author’s abstr. … dis. candidate of legal sciences: 12.00.03 / Moscow academy of economics and law. – M., 2004. – 25 p.
18. Egorov, A. Heroic contribution of Pskov in the protection of the Russian North during the northern wars at the end of XVI – to the beginning of XVIII centuries / A. Egorov // Arctic and North. – 2012. – No. 5. – P. 117-136.
19. Yerezhepkyzy R., Egorov A., Sadvokassov A., Shestak V. Implementing the aarhus convention // European Energy and Environmental Law Review. – 2021. – Vol. 30.No. 4. – P. 120-127.
20. Burmakin V., Dudareva M., Egorov A. [et al.] The cross-impact of corruption and consumer culture // Journal of Financial Crime. – 2021. – DOI 10.1108/JFC-09-2021-0195.
INTERNATIONAL PRIVATE LAW
NOVIKOVA Tatyana Vasiljevna
Ph.D. in Law, associate professor, associate professor of Civil process and international law sub-faculty of the Kuban State University, Krasnodar, doctoral student of Civil law and process and international private law sub-faculty of the Patrice Lumumba Peoples’ Friendship University of Russia
REVISITING THE PARTY AUTONOMY PRINCIPLE PROCLAMATION BY THE LEGISLATION ON PRIVATE INTERNATIONAL LAW (BY THE EXAMPLE OF THE PEOPLE’S REPUBLIC OF CHINA)
The article considers legislative proclamation of the party autonomy principle in Private International Law of China. With regard to form and contents, the author makes substantive analysis of § 3 proposition of the Law of the People’s Republic of China ‘On the Laws applicable to Foreign-Related Civil Relations’ which brings party autonomy to the level of the general conflict of laws principle. As a result of the research, the author substantiates three conclusions: firstly, that the acknowledgment of the party autonomy principle is the consistent response to the parties of civil legal relations of transnational character need in predictable and adequate substantive legal environment; secondly, on the universal trend of progressive development of the party autonomy principle in Conflict of Laws; thirdly, that in the modern world the solution for the conflict of laws issue is ensured not only by conflict of laws rules but also by a markedly different approach – by means of party autonomy, due to decentralization and flexibility.
Keywords: party autonomy, party autonomy principle, choice of law agreement, conflict of laws issue, conflict of laws rule, Conflict of Laws, Private International Law.
Bibliographic list of articles
1. Lunts L. A. International private law: textbook. – M.: Legal Publishing House of the Ministry of Justice of the USSR, 1949. – 368 p.
2. Lunts L. A. Course of International Private Law. General Part. – M.: State Publishing House of Legal Literature, 1959. – 384 p.
3. Tolstykh V. L. International Private Law: Conflict of Laws Regulation. – St. Petersburg: Legal Center Press, 2004. – 526 p.
4. Guangjian Tu. China’s New Conflicts Code: General Issues and Selected Topics // The American Journal of Comparative Law. – 2011. – Volume 59. Issue 2. – P. 563-590.
5. Mo Zhang. Codified Choice of Law in China: Rules, Processes and Theoretical Underpinnings // North Carolina Journal of International Law. – 2011. – Volume 37. Issue 1. – P. 83-157.
6. Qingjiang Kong, Hu Minfei. The Chinese Practice of Private International Law // Melbourne Journal of International Law. – 2002. – Volume 3. – P. 414-435.
7. Qingkun Xu. The Codification of Conflicts Law in China: A Long Way to Go // The American Journal of Comparative Law. – 2017. – Volume 65. Issue 4. – P. 919-962.
8. Zhengxin Huo. An Imperfect Improvement: The New Conflict of Laws Act of the People’s Republic of China // The International and Comparative Law Quarterly. – 2011. – Volume 60. Issue 4. – P. 1065-1093.
9. Zhengxin Huo. Highlights of China’s New Private International Law Act: From the Perspective of Comparative Law // Revue Juridique Thémis. – 2011. – Volume 45. – P. 637-684.
INTERNATIONAL PRIVATE LAW
EGOROV Igor Andreevich
junior researcher of the research laboratory “Center for Comprehensive Study of Regional Security Problems” of the Pskov State University
MATVEEVA Zhanna Viktorovna
lecturer-methodologist of the Educational department of the Pskov branch of the St. Petersburg University of the FPS of Russia
THE PROBLEM OF THE RATIO OF CONVENTIONAL REGIMES OF INTERNATIONAL CARGO TRANSPORTATION IN MARITIME TRAFFIC
The article is devoted to a comparative legal analysis of basic international agreements governing the conditions for the transboundary movement of goods by sea, as well as the legal regimes that form on their basis, within the framework of which the relations between the owner of the cargo and its carrier in sea traffic are streamlined. The authors explore their features as a special object of legal regulation, which gradually becomes more complicated in the course of historical development and becomes more multilateral as new subjects are involved in these relations.
Keywords: convention, carriage by sea, consignor, carrier, consignee, liability, unification.
Article bibliography
1. Akimov N. N. International sea carriage of goods as a complex legal institution // Actual problems of legal, economic and humanitarian sciences: Proceedings of the XII International scientific and practical conferenceconferences of the faculty, postgraduate students, master’s degree students and students. In 3 parts, Minsk, April 21, 2022 / Editorial board: S.I. Romanyuk [et al.]. Volume Part 2. – Minsk: Educational Institution “BIP – University of Law and Social and Information Technologies”, 2022. – Pp. 118-133.
2. Al Ali N.A. R. Applicable law in the contract for the international carriage of goods by sea // Public law problems of transport law: Materials of the Fifth International Transport and Law Forum, Moscow, February 15-16, 2023. – M .: Russian University of Transport, 2023. – Pp. 146-155.
3. Butakova N.A. Rotterdam Rules: analysis and prospects of application // Civil law. – 2013. – No. 3. – P. 43-46.
4. Goryainova D. N. On the issue of the main international conventions regulating the carriage of goods by sea // Innovations. Science. Education. – 2021. – No. 36.
5. Egorov A. No claims filed // Rodina. – 2014. – No. 11. – P. 130-131.
6. Egorov A. M. The relationship between socio-economic and military-strategic factors in the history of the British West Indies // Innovative approaches to the development of the humanities: problems, trends, prospects: collection of materials from the XXXII international in-person and correspondence scientific and practical conference, Moscow, July 10, 2023. Volume 1. – Moscow: Scientific Publishing Center “Empire”, 2023. – P. 11-12.
7. Egorov AM Rivalry of the Hanseatic League members for leadership in cross-border trade in the Baltic Sea in the Middle Ages // Eurasian Law Journal. – 2019. – No. 4 (131). – P. 93-94.
8. Egorov AM Cross-border aspects of the political and legal development of the urban republic of medieval Pskov // History of the state and law. – 2013. – No. 1. – P. 12-14.
9. Egorov AM, Egorova VI Financial monitoring in Russia and its relationship with law enforcement // Society. Environment. Development. – 2007. – No. 3 (4). – P. 15-21.
10. Kalpin A. G. UN Convention on Contracts for the Carriage of Goods Wholly or Partly by Sea (Rotterdam Rules) // Law. Journal of the Higher School of Economics. – 2010. – No. 4. – P. 85-97.
11. Kosovskaya V. A. International Legal Regulation of the Liability of a Maritime Carrier // Russian State Studies. – 2016. – No. 3. – P. 178-184.
12. Kostenko V. P. The Role of Commercial Tonnage during the World War // Projects and Shipyards – History and Fates. – St. Petersburg, 2011. – 89 p.
13. Nesterov M. N. The Problem of Conflict of International Rules for the Carriage of Goods by Sea (The Hague Rules, The Hague-Visby, The Hamburg Rules) // Ocean Management. – 2023. – No. 4 (22). – P.27-34.
14. Selvashchuk A. A. Features of legal regulation of international carriage of goods by sea: system of sources // ExLegis. Legal research. Electronic scientific journal. – 2022. – No. 2. – P.30-33.
15. Strigunova D. P. On conventional regulation of the contract for the international carriage of goods by sea // Jurist. – 2017. – No. 12. – P.17.
16. Berlingieri F. A. Comparative Analysis of Hague-Visby Rules. [Electronic resource]. – Access mode: htpps://www.uncitral.org/pdf/english/workinggroups/wg_3/Berlingieri_paper_comparing_RR_Hamb_HVR.pdf (date accessed: 15.03.2024)
17. Burmakin V., Dudareva M., Egorov A. [et al.] The cross-impact of corruption and consumer culture // Journal of Financial Crime. – 2021. – DOI 10.1108/JFC-09-2021-0195.
LAW OF FOREIGN STATES
SHMELEV Ivan Valerjevich
Ph.D. in Law, senior lecturer of Administrative and financial law sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
THE CONSTITUTIONAL CHARTER FOR THE TRANSITIONAL PERIOD OF 2019 OF THE SUDAN: ASPECTS OF STABILITY AND LEGAL CERTAINTY
5 years have passed since the adoption of the Constitutional Charter in Sudan, which was preceded by many social upheavals. The split in the ruling elite occurred, among other things, due to different views on the governance of the country (civil and military). Constant external pressure (USA) and intervention (EU), including with the aim of obtaining economic benefits and increasing the destabilization of the situation, were serious obstacles to the cohesion of the Sudanese people, the resolution of conflicts and crises that had been brewing for years. How has the state administration of the territory that now makes up two states changed? What are their new goals and objectives? How is the new political and administrative power organized? These and other similar issues are considered by the author in this study. The Institute of Africa of the Russian Academy of Sciences devoted research to this issue, but they were rather aimed at reviewing the political and social processes of the beginning of the transition period of the Charter.
Keywords: Sudan, Charter of the Transitional Period, goals of public administration, armed conflict, legal certainty, emergency government.
Article bibliography
1. Reflecting on the Role of Regional and International Interventions in Resolving the Post-coup Crisis in Sudan – ACCORD. [Electronic resource]. – Access mode: https://www.accord.org.za/conflict-trends/reflecting-on-the-role-of-regional-and-international-interventions-in-resolving-the-post-coup-crisis-in-sudan/
2. Kochanova T. V. Sudan and South Sudan: through dismantling and transformation of power to its evolution // Scientific notes of the Institute of Africa of the Russian Academy of Sciences. 2020. No. 3 (52).
3. [Electronic resource]. – Access mode: https://www.constituteproject.org/constitution/Sudan_2019
4. [Electronic resource]. – Access mode: https://www.presidency.gov.sd/ الصفحة الرئيسة » رئاسة الجمهورية – القصر الجمهوري
5. Sudan Economy – و زارة الإعلام [Electronic resource]. – Access mode: http://mininfo.gov.sd/sudan-economy/?lang=en
6. Ministry of Industry Issues Decision to halt state fees and levies on the industrial sector – وزارة الإعلام [Electronic resource]. – Access mode: http://mininfo.gov.sd/ministry-of-industry-issues-decision-to-halt-state-fees-and-levies-on-the-industrial-sector/?lang=en
7. Options for a transitional government in war-torn Sudan – Sudan Tribune. [Electronic resource]. – Access mode: https://sudantribune.com/article283604.
8. BTI 2024 Sudan Country Report: BTI 2024. [Electronic resource]. – Access mode: https://bti-project.org/en/reports/country-report/SDN
9. “The Doctrine of State Necessity in Pakistan” by Mark M. Stavsky. [Electronic resource]. – Access mode: https://scholarship.law.cornell.edu/cilj/vol16/iss2/2/.
THEORY OF STATE AND LAW
VORONTSOVA Natalya Leonidovna
Ph.D. in Law, associate professor, associate professor of Constitutional and administrative law sub-faculty of the Bashkir academy of public administration and management under the Head of the Republic of Bashkortostan
THEORETICAL AND LEGAL FOUNDATIONS OF EXPERT ACTIVITY IN LAWMAKING
The article examines theoretical and legal aspects of expert activity in the process of lawmaking. The features of expert activity in the legal sphere are formulated. A comparative analysis of approaches to the classification of examinations of regulatory legal acts and their drafts is conducted. Based on the analysis of laws and by-laws regulating expert activity in lawmaking, conclusions are formulated on the state of the legal framework and changes.
Keywords: expertise, expert activity, expert, lawmaking, normative legal act, types of expertise in lawmaking, legal expertise, anti-corruption expertise.
Article bibliography
1. Nesterov A. V. Expertise as a legal science on patterns in expert activity and expert activity // Legal technology. – 2022. – No. 16. – P. 144-147.
2. Sidelnikov Yu. V. Expertology – a new scientific discipline // Automation and telemechanics. – 2000. – No. 2. – P. 107-126.
3. Nesterov A. V. Pragmatic and theoretical problems of expertika. [Electronic resource]. – Access mode: http:// www.hse.ru. (date of access: 22.07.2024).
4. Leontiev D. A. The Great Russian Encyclopedia. Volume 8. – Moscow, 2007. – 618 p.
5. Legal Expertise of Normative Legal Acts: A Textbook / Comp.: Candidate of Law, Associate Professor D. Sh. Pirbudagova, Doctor of Law, Professor Sh. B. Magomedov, Candidate of Law, Associate Professor Z. M. Musalova, Candidate of Law, Associate Professor D. V. Kamilova, Candidate of Law, Associate Professor E. T. Ramazanova, Candidate of Law, Associate Professor S. E. Denikaeva; Ed.: Head of the Department of Constitutional and International Law, Candidate of Law, Associate Professor, Honored Worker of Higher Professional Education of the Russian Federation, Honored Lawyer of the Republic of Dagestan D. Sh. Pirbudagova. 2nd ed., revised and enlarged. – Makhachkala: DSU Publishing House, 2017. – 199 p.
6. Expertise of draft regulatory legal acts. [Electronic resource]. – Access mode: http://sysanalys.ru/index.php/index.php/zakonotvorch/ekspertiza-proektov-npa (accessed: 20.07.2024).
7. Chernogor N. N., Zaloilo M. V. Expertise in lawmaking: problems of legal regulation and issues of its improvement // Legal science and practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2018. – No. 3 (43). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ekspertiza-v-pravotvorchestve-problemy-pravovogo-regulirovaniya-i-voprosy-ego-sovershenstvovaniya (date of access: 07.23.2024).
THEORY OF STATE AND LAW
KALININA Ekaterina Alexandrovna
postgraduate student of the Penza State University, attorney-at-law of the Regional Legal Protection Bar Association of the Chamber of Advocates of the Republic of Mordovia
DEFINITION AND SIGNS OF NORMS-DECLARATIONS
The article considers such type of legal norms as declarative norms or declaration norms. The author analyzes the doctrinal positions regarding the possibility of separating declarative norms into an independent group of legal norms. The content of the declarative norm is determined, on the basis of which a conclusion is drawn about the possible definition of this legal norm. The specific features of a group of declarative norms are revealed, thanks to which they can be distinguished from another type of legal norms.
Keywords: declarative norm, rule of law, norm-declaration, legal regulation.
Article bibliographic list
1. Baitin M.I. Questions of the General Theory of State and Law. Saratov, 2006. P. 101-102.
2. Leist O.E. The Essence of Law. Problems of the Theory and Philosophy of Law. Moscow, 2008. P. 146.
3. Baitin M.I. The essence of law (modern normative law enforcement on the verge of two centuries). Saratov, 2001. Page 182.
4. Parfentiev A. L. On the concept of a legal prescription // Problems of improving Soviet legislation: Works M Publishing House VNIISZ. 1977. Issue 9. Pages 172-173.
5. Kozyubra N. I. Socialist law and public consciousness. Kyiv, 1979. Page 161.
6. Apt L. F. On the elements of the structure of a normative act // Jurisprudence. L., 1973. No. 2. Pages 27-32.
7. Davydova M. L. Normative legal prescriptions in Russian legislation. Volgograd, 2001. P. 13.
8. Alekseev S. S. Collected Works. M., 2010. P. 369.
9. Sumenkov S. Yu. Social norm as a synthesis of rules and exceptions// Collection of materials of the XI scientific and practical conference (with international participation) “Regional features of market socio-economic systems (structures) and their legal support” edited by O. S. Koshevoy. M., 2020. P. 60-66. [Electronic resource]. – Access mode: http://elib.pnzgu.ru/library/1623771264
10. Golunsky S. A. Theory of state and law. M., 1940. S. 104.
11. Baranov AV Constituent norms of law: their legal nature, place and role in the system of Russian law // Modern law. 2016. No. 12. S. 10-15
12. Malko AV, Salomatin AY Theory of state and law. Penza, 2012. S. 161-165.
13. Baranov AV System-defining specialized norms of law in the mechanism of legal regulation // Bulletin of Tomsk State University. 2011. No. 2. S. 6-11.
14. Kozhevnikov VV, Martynenko MV Specialized norms of modern Russian law: legal nature, classification and place in the system of legal norms // Modern law. 2014. No. 4. P. 6.
15. Rybakov V. A. Atypical legal norms // Bulletin of Omsk University. 2013. No. 3. P. 24.
THEORY OF STATE AND LAW
KORNYAKOV Mikhail Viktorovich
Ph.D. in technical sciences, associate professor, Rector of the Irkutsk National Research Technical University
PAKHARUKOV Alexander Anatoljevich
Ph.D. in Law, associate professor, Head of Jurisprudence sub-faculty of the Irkutsk National Research Technical University
THE CONCEPT OF LEGAL REGIME: AN ATTEMPT AT DISCOURSE ANALYSIS
The semantic, etymological and stylistic characteristics of the word “regime” as a lexical unit of the Russian language are considered for the purposes of the grammatical (linguistic) method of interpreting legal norms, as well as for subsequent regulatory use. It has been established that in modern Russian the word “regime” is polysemantic. The main semantic characteristics of the word “regime” have been identified. It is concluded that the word “management” is a common semantic feature around which the elements of the semantic field of the lexical unit “regime” are united. Etymological analysis made it possible to determine an important feature of any regime – the establishment of boundaries, the presence of which makes it possible to achieve certain goals of managerial influence. It is proposed to define the legal regime as a set of rules, norms, measures established to achieve a certain goal using various legal means, methods and modes.
Keywords: theory of law, legal regulation, legal regime, legal remedy, method of regulation, mode of regulation, political system, established order, rules, operating conditions, management.
Article bibliography
1. Alekseev S. S. General permissions and general prohibitions in Soviet law / Ed. L. A. Plekhanov. – Moscow: Legal literature, 1989. – 288 p. – EDN: RKCLEF
2. Belyaeva G. S. On the concept of a legal regime // Administrative and municipal law. – 2014. – No. 3. – P. 272-285. – EDN: RZVSOJ
3. Benveniste E. Dictionary of Indo-European social terms / Translated from French; general editor and introduction by Yu. S. Stepanova. – Moscow: Progress-University, 1995. – 456 p.
4. Large universal dictionary of the Russian language: about 30,000 most commonly used words / Ed. V. V. Morkovkin. – Moscow: Dictionaries of the XXI century: AST-PRESS SCHOOL, 2016. – 1456 p. – (Fundamental dictionaries) (Program “Dictionaries of the XXI century”).
5. Large dictionary of law / Ed. by A. Ya. Sukharev, V. Ye. Krutskikh. – 2nd ed., revised and enlarged. – Moscow: INFRA-M, 2003. – 703 p. – (INFRA-M dictionary library). – EDN: QVQNYT
6. Gorlenko V. A. Legal regulation regime (theoretical and applied aspect): author’s abstract. dis. … candidate of legal sciences: 12.00.01. – St. Petersburg, 2002. – 28 p.
7. Efremova T. F. New dictionary of the Russian language. Explanatory and word-formation: in 2 volumes. – Moscow: Rus. lang., 2000. – V. 2: P – Ya. – 1084 p.
8. Kozhevnikov S. N. State and Law: A Brief Dictionary of Terms and Explanations on Jurisprudence. – Nizhny Novgorod: VGAVT, 2009. – 338 p. – EDN: QRIHXD
9. Kornev V. N. Law as a Linguistic Phenomenon // State and Law. – 2018. – No. 6. – P. 5-12. – EDN: URPVGC
10. Petrov A. A. The Term “Legal Regime” as Part of the Title of a Scientific Article: Between a “Chimera” and a Metaphor // Eurasian Law Journal. – 2016. – No. 5. – P. 90-92. – EDN: WDHPLL
11. Legal regimes: current general theoretical and constitutional-legal problems: monograph / Ed. by N. A. Frolova, V. Yu. Panchenko. – Krasnoyarsk: Siberian Federal University, 2016. – 272 p. – EDN: VWMPFT
12. Explanatory dictionary of the Russian language / Ed. by D. V. Dmitriev. – Moscow: Astrel, 2003. – 989 p.
13. Explanatory dictionary of the Russian language: in 4 volumes / Ed. by D. N. Ushakov. – Moscow: Astrel: AST, 2000. – T. 3: P – Ryashka. – 1424 p.
14. Uskova T. V. Discourse analysis as a method for studying English-language legal texts // Bulletin of Moscow State Linguistic University. Humanities. – 2018. – No. 17. – P. 171-182. – EDN: FSLYEP
15. Fasmer M. Etymological dictionary of the Russian language: in 4 volumes / Transl. from Germ. and add. O. N. Trubacheva. – 3rd ed., reprinted. – Moscow: Publishing center “Terra”, 1996. – V. 3: (Muza-Syat). – 830 p.
16. Cherdantsev A. F. Logical and linguistic phenomena in jurisprudence: monograph. – Moscow: NORMA: INFRA-M, 2012. – 320 p. – EDN: QSKLDB
17. Chernykh P. Ya. Historical and Etymological Dictionary of the Modern Russian Language: in 2 volumes. – 5th ed., reprinted. – Moscow: Rus. lang., 2002. – Vol. 2: Pantsir – yaschur. – 559 p.
18. Legal Encyclopedia / Under the general editorship of B. N. Topornin. – Moscow: Yurist, 2001. – 1267 p.
THEORY OF STATE AND LAW
LARINBAEVA Ilmira Ishmurzovna
Ph.D. in Law, Associate Professor of the Institute of Law of the Ufa University of Science and Technology.
LEGAL RESPONSIBILITY IN THE STRUCTURE OF LEGAL BEHAVIOR AND SOCIAL RESPONSIBILITY
The article actualizes the problems of correlation between the concepts of legal behavior, legal and social responsibility. It is discussed that responsible social behavior necessarily entails responsible legal behavior. According to the author, the issues of lawful behavior must be resolved in direct unity with the issues of social responsibility of the individual. The main thesis here is that legal behavior can be assessed from both a moral and a legal point of view. The article proves the need for a broad understanding of legal responsibility, which serves as a measure of legal behavior. Responsible legal behavior is certainly part of the legitimate, but not the other way around. Lawful behavior may be irresponsible, but within the framework of the law, for example, an abuse of law. This species has not yet received sufficient scientific development. In the context of building a rule-of-law state, the problem requires further study. Legal responsibility is a part of social responsibility, and, in turn, broader in relation to legal responsibility.
Keywords: social responsibility, public relations, legal behavior, lawful behavior, legal responsibility, legal responsibility, instinct, interdisciplinarity.
Article bibliography
1. Larinbaeva I. I. Legal capacity of citizens: some theoretical-legal and moral-ethical aspects // Bulletin of the Institute of Law of the Bashkir State University. – 2020. – No. 3 (7). – P. 7-13.
2. Galiev F. Kh., Sakhautdinova I. V. Development of ideas about the essence of civil society: history and modernity // Legal state: theory and practice. – 2021. – No. 15 (58). – P. 13-20.
3. Vasiliev A. V., Larinbaeva I. I. Conflictogenic Factors of the Local Self-Government System in Russia // Eurasian Law Journal. – 2019. – No. 10 (137). – P. 119-121.
4. Bondarenko Yu. V., Larinbaeva I. I. Genesis and Development of the Institute of Servitude in the History of Russian Legislation // Law and State: Theory and Practice. – 2023. – No. 12 (228). – P. 63-67.
5. Lenin V. I. Philosophical Notebooks. Complete Collected Works. Vol. 29. – M., Politizdat, 1969. – P. 314.
6. Simonov P. V. Consciousness, Subconsciousness, Superconsciousness // Science and Life. – 1975. – No. 12. – P. 45-51.
THEORY OF STATEVA AND RIGHTS
NEYASKIN Dmitriy Sergeevich
lecturer of Theory of state and law sub-faculty, Deputy Head of the Legal Clinic of the Saratov State Law Academy
EXCEPTIONAL NORM AND EXCEPTIONAL CASE: ASPECTS OF THE RELATIONSHIP
The article analyzes aspects of the relationship between the exceptional rule of law and the term “exceptional case”. The analysis of the issues of identification and differentiation of these legal phenomena is considered in relation to the correlation of their main qualities, features and characteristics. The points of contact of these phenomena in terms of the use of technical and legal instruments of the legislator, as well as the implementation of an extraordinary situation and exception in law in legal reality with their help are identified. It is summarized that the exceptional rule and the exceptional case are related as content and form.
Keywords: exceptional rule of law, exception rule, rule of law, exceptional case, term, extraordinary situation.
Article bibliography
1. Kryukova E. A. Language and style of legislative acts: abstract of dis. … candidate of legal sciences. – M., 2003. – P. 14.
2. Vlasenko, N. A. Language of Law. – M., 2022. – P. 47.
3. Sumenkov S. Yu. Exceptions in Law: Theoretical and Instrumental Analysis. – M., 2016. – 372 p.
4. Sumenkov S. Yu. Exceptions in law: general theoretical analysis: author’s abstract. diss. … Doctor of Law. – Saratov, 2016. – P. 20.
5. Repyev A. G. Special preferential and exclusive legal norms in the context of digitalization of the economy and the provision of online services to society // Jurist-Pravoved. – 2020. – No. 1 (92 ). – P. 32.
6. Plakhtiy N. A. Exceptional case in the legal regime of exceptions // Bulletin of the Saratov State Law Academy. – 2023. – No. 2 (151). – P. 60-66.
7. Baydarova M.A. Mechanism for implementing exceptions in law: theoretical and practical aspects: author’s abstract. diss. … candidate of legal sciences. – Saratov, 2020. – P. 10.
8. Neyaskin D. S. Exceptional norms as a special type of special norms // Bulletin of the Saratov State Law Academy. – 2017. – No. 6 (119). – P. 64- 68.
9. Bordakova A. G. Exceptional norms in Russian law: general theoretical study: author’s abstract. dis. … candidate of legal sciences – Kazan, 2023. – P. 9.
10. Plakhtiy N. A. Exceptional case in Russian law: theoretical and practical aspects: author’s abstract. diss. … candidate of legal sciences. – Saratov, 2023. – P. 10.
11. Sumenkov S. Yu. Special and exceptional norms as a component of special legal status: features of the relationship and forms of objectification // Nomothetika: Philosophy. Sociology. Law. – 2022. – No. 47 (2). – P. 336.
12. Romanovsky V. G. Extraordinary situation: concept, legal regime, regulatory features // Science. Society. State. – 2021. – No. 1 (33). – P. . 60-61.
13. Ozhegov S. I., Shvedova N. Yu. Explanatory Dictionary of the Russian Language. – M., 1999. – P. 908.
14. Plakhtiy N. A. An exceptional case in paradigm of definition: doctrine and practice // Prologue: journal on law. – 2023. – No. 1 (37). – P. 13.
15. Baidarova M. A. The mechanism for implementing exceptions in law: theoretical and practical aspects: diss. … candidate of legal sciences – Saratov, 2020. – P. 62.
16. Derevnin A. A. Special norms in Russian law // Academic Law Journal. – 2002. – No. 1. – P. 13.
17. Derevnin A. A. Exceptional norms in law // Modern problems of lawmaking and law enforcement: collection of scientific papers. – M.; Irkutsk, 2007. – Issue. 4. – pp. 10-17.
THEORY OF STATE AND LAW
PETROVA Tatyana Vyacheslavovna
Ph.D. in Law, associate professor of Theory of state and law sub-faculty of the O. E. Kutafin Moscow State Law University (MSAL), Attorney-at-Law
THE ROLE OF THE ADVOCATE IN FORMATION AND ENFORCING LEGAL VALUES
The purpose of the research is to substantiate the formation of legal values in the process of advocacy, as well as the role of advocate in ensuring their compliance without prioritizing any of their legal values. The peculiarity of the advocate’s activity is inextricably linked to ensuring the rights, freedoms, interests of citizens, the presence of high moral foundations, compliance with the requirements of ethical behavior. In the research the author comes to the conclusion that within the framework of consideration of cases in court there is a process of both transformation of legal values enshrined in the norms of law, and the joint development of new ones, and this process involves not only lawyers and other participants in the process, but primarily judges.
Keywords: advocate, advocacy, legal values, justice, legal activity.
Article bibliographic list
1. Information of the Constitutional Court of the Russian Federation “Methodological aspects of constitutional control (to the 30th anniversary of the ConstitutionConstitutional Court of the Russian Federation), approved by the decision of the Constitutional Court of the Russian Federation dated 10/19/2021. [Electronic resource]. – Access mode: http://www.ksrf.ru/ (date of access: 08/01/2024).
2. Kopkareva S. I. Features of the formation of legal values of student youth: sociological analysis: author’s abstract. dis. … candidate of sociology. sciences. – Ekaterinburg, 2008. – 17 p.
3. Mishutin E. I. On the need to apply the axiological approach in civil procedural law // Russian Law Journal. – 2011. – No. 6. – P. 150-155.
4. Pushkarev S. A. The concept of legal values and the methodology of their study // Philosophy of Law. – 2008. – No. 2. – P. 84-90.
5. Ryzhkov R. A. Judicial discretion in resolving civil cases in civil and arbitration proceedings // Arbitration and civil procedure. – 2008. – No. 6. – P.10-12.
6. Sergeeva S. L. Axiology of legal activity in legal proceedings // Historical and legal problems: a new perspective. – 2016. – No. 16. – P. 118-127.
7. Khabrieva T. Ya. Paradigms of constitutional reform // Journal of foreign legislation and comparative law. – 2015. – No. 5. – P. 820-830.
THEORY OF STATE AND LAW
KOROLEVA Ekaterina Sergeevna
postgraduate student, lecturer of Theory of state and law sub-faculty of the Saratov State Law Academy
EVOLUTION OF THE CONCEPT OF HARM IN THE LEGAL SYSTEMS OF FOREIGN AND RUSSIAN LEGISLATION
The article analyzes changes in the understanding of harm in the legal systems of Russian and foreign legislation. The author explores how the concept of harm has become broader and more complex over time, reflecting changes in societal values and needs. It is established that the term in question has been analyzed by jurists since ancient times, based on the principles of justice and compensation. It is noted that in the 20th-21st centuries the concept is evolving and new classifications are emerging. As a result, it is concluded that the definition of harm in legal systems is constantly evolving and adapting to modern challenges and needs of society, and this is important for ensuring justice and protecting the rights of citizens.
Keywords: harm, Talion principle, non-material harm, compensation for harm.
Article bibliographic list
1. Belyatskin S. A. Compensation for moral (non-property) damage. – St. Petersburg. 1913. – P. 13.
2. Bespalko V. G. The principle of talion in the Mosaic criminal legislation // Bulletin of the Kostroma State University named after N. A. Nekrasov. – 2016. – No. 2. – P. 277-280.
3. Bulatova D. I., Kakhramanova E. M., Mikhnevich A. V. Intangible damage caused to legal entities // International Journal of Humanities and Natural Sciences. – 2020. – Vol. 4-2 (43). – P. 132.
4. Vilnova V. A. Correlation between the category of damage and the offense // Law and state: theory and practice. – 2022. – No. 9. – P.20-21.
5. Monastyrsky Yu. E. Losses and intangible damage // Bulletin of civil law. – 2019. – No. 2. Access from the SPS “ConsultantPlus”.
THEORY OF STATE AND LAW
RUSSKAYA Angelika Andreevna
postgraduate student of the Amur State University, Blagoveshchensk
ON THE FORMS OF LEGAL MONITORING: A MODERN APPROACH
This article examines legal monitoring through the lens of systematization of its forms. Special attention is given to the issue of the relationship between the concepts of “form” and “type” of legal monitoring. Based on the findings of the research, the author proposes a classification of the forms of legal monitoring according to criteria such as purposes, stages of legal norms’ action, subject composition, and normative expression. Drawing upon this analysis, the author concludes that various forms of monitoring – predictive, legislative, and law enforcement – are closely interrelated within the Russian legal system.
Keywords: legal monitoring, legislation, law enforcement , prediction, form, type.
Article bibliographic list
1. Zheldybina T. A. On the importance of monitoring as an independent legal institution // Actual problems of Russian law. – 2016. – No. 1 . – P. 34-41.
2. Russkaya A. A., Butenko T. P. Concept and essence of monitoring legislation and law enforcement as an independent legal institution // Postgraduate student. – 2022. – No. 3. – P. 39-42.
3. Chernova E. R., Yamshchikova S. L. Monitoring of legislation and law enforcement practice as an innovative institution of the legal system // Agrarian and land law. – 2021. – No. 9. – P. 47-62.
4. Senin I. N. On the issue of the relationship between the categories of “type” and “form” in the theory of state and law // Law and state: theory and practice. – 2021 . – No. 8. – P. 38-40.
5. Tsoloev T.S., Bogatyrev A.Z., Tlupov A.V. On the issue of forms of legal monitoring of legislation in the Russian Federation // Education and Law. – 2022. – No. 3. – P. 65-68.
6. Belyakova A. V. Legal monitoring in the Russian Federation at the present stage // Monitoring of law enforcement. – 2022. – No. 1. – P. 49-50 .
7. Vereshchak S. B., Marinin S. A. Controversial issues of legislative regulation and definition of the concept of “legal monitoring” // Oeconomia et Jus. – 2022. – No. 1. – P. 67-76.
8. Chernykh I. I. Legal forecasting in the sphere of civil proceedings in the context of development of information technologies // Actual problems of Russian law. – 2019. – No. 6. – P. 58-72.
9. Aklamova A. A., Kapitsyna D. V. Monitoring as a type of legal control // Theories of Politics, Economics and Management. – 2012. – P. 13-26.
10. Negrobov V. L. Monitoring legislation as a basis for regional policy // Legal policy and legal life. – 2007. – No. 4. – P. 202-206.
11. Yakubenko K. Yu. Monitoring of legislation in the Russian Federation: trends and development prospects // Education and Law. – 2019. – No. 12. – P. 11-17.
HISTORY OF STATE AND LAW
ARSENJEVA Galina Vitaljevna
associate professor of Theory and history of state and law sub-faculty of the V. N. Tatishchev Astrakhan State University
KHRAMOVA Irina Sergeevna
associate professor of Civil Law and legal regulation of innovation activity sub-faculty of the V. N. Tatishchev Astrakhan State University
THE HISTORY OF SOCIAL INSURANCE IN RUSSIA (REVIEW OF SOVIET AND POST-SOVIET LEGISLATION
The article is devoted to the history of social insurance in Russia, and presents an overview of the relevant normative legal acts of the Soviet and post-Soviet periods of state development. The authors emphasize that the history of social legislation goes beyond the Soviet period and begins in the early twentieth century in the Russian Empire. The legislation of the Soviet and post-Soviet periods is represented by a number of legislative acts aimed at regulating social insurance, reflecting the progressive development of the socio-legal institution under study. It was established that social insurance was an element of the social protection system, the most important legal form of material security for the working population of the country. Social insurance has made it possible to provide a certain level of protection for citizens.
Keywords: social insurance, history of social legislation, insured persons, insurance premiums, disability, maternity care, job loss, loss of breadwinner, social insurance reform.
Article bibliography
1. Constitution of the Russian Federation (adopted by popular vote) of December 12, 1993 (with amendments approved during the all-Russian vote on July 1, 2020) // Rossiyskaya Gazeta dated 04.07.2020 – No. 144.
2. Astanina L. V. History of the formation of national institutions of social insurance in Soviet Russia // Agrarian and land legislation. – 2018. – No. 7. – WITH.118.
3. Blagodir A. L. Relations on compulsory social insurance in the subject of labor law: history and current state // Journal of Russian law. – 2018. – No. 7. – P. 76.
4. Egorova Z. A., Vasilyeva E. V. Social insurance as a compulsory type of insurance in the Russian Federation. In the collection: Economic growth: problems, patterns, prospects. – 2017. – P. 95.
5. The supremely approved law “On providing workers in case of illness” of June 23, 1912 approved by the State Council and the State Duma // Collection of laws. – 1912. – Section 1. – Art. 1229.
6. Decree of the Council of People’s Commissars of the RSFSR of November 15, 1921 “On Social Insurance of Persons Engaged in Hired Labor” // SU RSFSR. – 1921. – No. 76. – Art. 627.
7. Decree of the Council of People’s Commissars of the RSFSR of December 21, 1921 “On Social Security in Case of Temporary Disability and Childbirth”. [Electronic resource]. – Access mode: https://docs.historyrussia.org/ru/nodes/350775 (date accessed: 11.07.2024).
8. Labor Code of November 9, 1922 // Collection of Laws of the RSFSR. – 1922. – No. 70. – Art. 70.
9. Fundamentals of the legislation of the USSR and the Union republics on labor of 1970 from 15.07.1970 No. 2- VIII // Vedomosti of the Supreme Council of the USSR. – 1970. – No. 29. – Art. 265.
10. Labor Code of the RSFSR from 09.12.1971 // Vedomosti of the Supreme Council of the RSFSR. – 1971. – No. 50. – Art. 1007.
11. Resolution of the Supreme Council of the RSFSR from 22.12.1990 No. 442-1 “On the organization of the Pension Fund of the RSFSR” // Vedomosti SND and the Supreme Council of the RSFSR. – 1990. – No. 30. – Art. 415.
12. Law “On State Pensions in the RSFSR” dated 03.04.1992 No. 2654-1 // Vedomosti SNDF RF i VS RF. – 23.04.1992. – No. 17. – Art. 895.
13. Resolution of the Council of Ministers of the RSFSR and the Federation of Independent Trade Unions of the RSFSR No. 600/9-3 “On improving the management and procedure for financing expenses for social insurance of workers of the RSFSR”. [Electronic resource]. – Access mode: https://base.garant.ru/181105/ (date accessed: 11.07.2024).
14. Law of the Russian Federation “On Medical Insurance of Citizens” dated 28.06.1991 No. 1499-1 // Vedomosti SNDF i VS RSFSR. – 1991. – No. 27. – Art. 920.
15. Law of the Russian Federation “On Employment of the Population in the Russian Federation” dated 19.04.1991 No. 1032-1 // Collection of Legislation of the Russian Federation. – 1996. – No. 17. – Art. 1915.
HISTORY OF STATE AND LAW
BISYARINA Alina Narisovna
Head of the Editorial and Publishing Department of the Ufa Law Institute of the MIA of Russia, Lieutenant Colonel of Police
COUNTERING TRAFFICKING IN MINORS IN THE SOVIET STATE (HISTORICAL AND LEGAL ASPECT)
The author examines the development of Soviet legislation on combating trafficking in minors. It is noted that during the Soviet period, the existence of a crime in the form of trafficking in persons, including minors, was not recognized on the territory of the state. The prevailing ideological attitudes could not allow the existence of such a social evil in the country as human trafficking (as well as a number of other problems, for example, prostitution), to which Western countries were more susceptible. At the same time, the development of the Soviet legislative framework in the interests of minors and mechanisms for its implementation, including with the involvement of the public, de facto contributed to countering trafficking in minors in the country.
Keywords: minors, trafficking in minors, development of legislation, countering trafficking in minors, legislation to combat trafficking in minors.
Article bibliography
1. Denisenko V. V. Crisis of Law: History and Modernity: Collective Monograph / Under the general editorship of V. V. Denisenko, M. A. Belyaev, E. N. Tonkov. – St. Petersburg: Aleteya, 2018. – 515 p.
2. Dubrovina A. N. Investigation of abductions and substitution of children: lecture / Edited by Professor V. P. Lavrov. – M., 1988. – 51 p.
3. Isaev M. M. Criminal Code of June 1, 1922 // Soviet law. – M., 1922. – No. 2. – P. 17-28.
4. Koshcheev A. V. Divorce under Soviet law // Bulletin of the Vyatka State University. – 2010. – No. 4. – P. 75-79.
5. Krasheninnikov P. V. Passions for Law: Essays on the Law of War Communism and Soviet Law. 1917-1938. – M.: Statut, 2018. – 331 p.
6. Mulukaev R. S. On the issue of historical experience of population participation in the protection of public order // Proceedings of the Academy of Management of the Ministry of Internal Affairs of Russia. – 2014. – No. 4 (32). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/k-voprosu-ob-istoricheskom-opyte-uchastiya-naseleniya-v-ohrane-obschestvennogo-poryadka (date of access: 18.07.2023).
7. Nigmatullin R. V. Cooperation of states in the fight against crimes of an international nature in the 20th century and the beginning of the 21st century (historical and legal aspect): monograph. – M .: Publishing group “Yurist”, 2006 .– 336 p.
8. Nigmatullin R. V. The fight against child homelessness in Russia in the first decades of Soviet power // Ishistory of the state and law. – 2024. – No. 9. – P. 53-60.
9. Nurkaeva T. N. Personal (civil) rights and freedoms of a person and their protection by criminal-legal means: issues of theory and practice. – St. Petersburg: Legal center press, 2003. – 254 p.
10. Stepanenko R. F. Social significance of the Criminal Code of the RSFSR of 1922: historical, legal and humanitarian aspects // Bulletin of the Peoples’ Friendship University of Russia. Series: Legal Sciences. – 2022. – V. 26. No. 4. – P. 877-889.
11. Tadevosyan V. S. On criminal liability for crimes against children // Soviet state and law. – M., 1940. – No. 8-9. – P. 151-163.
12. Torkunov A. Studying the Great Russian Revolution // Bulletin of MGIMO-University. – 2017. – No. 3 (54). – P. 7-15. – [Electronic resource]. – Access mode: https://doi.org/10.24833/2071-8160-2017-3-54-7-15 (date of access: 10.08.2023).
13. Shiryaev V. N. Criminal Code of the RSFSR as amended in 1926 // Law and Life. – M., 1927. – Book 4. – P. 51-59.
14. Yakovlev V. F. Theoretical issues of development of family law // Issues of state and law of developed socialist society: theses of republican scientific conference of September 24-26, 1975 / Ministry of Higher and Secondary Specialized Education of the Ukrainian SSR; Kharkov Law Institute. – Kharkov, 1975. – P. 97-98.
HISTORY OF STATE AND LAW
BUTENKO Anna Konstantinovna
Ph.D. in philosophical sciences, associate professor of Theory and history of law and state sub-faculty of the Barnaul Law Institute of the MIA of Russia
IDEAS OF THE RULE OF LAW IN THE WORKS OF RUSSIAN PHILOSOPHERS OF THE 19TH CENTURY
The article is devoted to the analysis of the theories of the rule of law in the works of Russian philosophers, representatives of public thought, jurists and public figures. The article analyzes the theory of the rule of law in the works of representatives of two branches of philosophical thought: religious-philosophical and philosophical-legal. The issues related to the time of the origin of the ideas of building a rule of law in Russia, the genesis of the theory of the rule of law in Russia are considered.
Keywords: the rule of law, the law, the separation of powers, the principle of equality, natural law, positive law, the church, religious philosophy, state power, the common good, the Constitution.
Article bibliography
1. Volgin O. S. Vladimir Solovyov on the meaning of the rule of law // Philosophical sciences. – 2015. – No. 8. – P. 7-20.
2. Kunitsyn A. P. Natural law. – M.: LKI, 2020. – 162 p.
3. Laiter A. V. Philosophical foundations of the theory of the rule of law in Russia // Scientific research – 2016. – No. 7. – P. 19-21.
4. Novgorodtsev P. L. On the social ideal [collection]. – M.: Press, 1991. – 638 p.
5. Pestel P. I. Russian Truth or the Reserved State Charter of the Great Russian People serving as a Testament for the Improvement of the State Structure of Russia and Containing the True Order both for the People and for the Provisional Supreme Government. [Electronic resource]. – Access mode: https://www.degruyter.com/document/doi/10.1515/9783598440540.129/ (date accessed: 05.08.2024).
6. Frolova E. A. The rule of law as a philosophical and theoretical problem and a way of organizing power // Theoretical and historical legal sciences. – 2023. – No. 2. – P. 14-23.
7. Chicherin B. N. General state law. – M.: ZERTSALO, 2014. – 505 p.
HISTORY OF THE STATE AND LAW
VOLK-LEONOVICH Stanislav Olegovich
Ph.D. in Law, associate professor of Theory and history of state and law sub-faculty of the Nizhny Novgorod Academy of the MIA of Russia
THE CONTRIBUTION OF SCIENTISTS FROM THE FACULTY OF LAW OF THE IMPERIAL MOSCOW UNIVERSITY TO THE FORMATION OF HISTORICAL AND LEGAL SCIENCE IN THE FIRST HALF OF THE 19TH CENTURY
The article aims to draw attention to the names of scientists from the Imperial Moscow University, who laid the foundation for historical and legal research, which today is an example of conscientious and fundamental research in the history of law. The subject of this article is to highlight the development at the Imperial Moscow University of scientific research by professors, one way or another related to the history of law. In addition, the author touches on works on practical law and works on the history of Roman law and private Roman law. Based on the results of the analysis, the author comes to the conclusion that historical and legal science inevitably grows out of those contradictions and needs of society and the state, which are determined by the development of the productive forces of society and those social forms that prevail in the period under review. Thus, Russian legal science in the first half ofthe XIX century, represented by the scientists we have considered, created the necessary conditions for the emergence of the science of the history of law, the theory of law, enriching legal science with a new arsenal of methods, in particular, retrospective analysis, periodization, creating illustrative examples of the study of individual legal institutions, demonstrating a general outline of the development of law in Russia and European countries.
Keywords: historical and legal science, Roman law, legal institutions, research in the history of law.
Article bibliographic list
1. Vasiliev I. V. Reasoning about the laws of the Russian state, issued from its foundation to the present time, with an indication of the reasons for the periodic changes of these laws and the gradual formation in which they are now. – M., 1823. – 93 p.
2. Goryushkin Z. A. Guide to understanding Russian legal art. – M., 1811. – 391 p.
3. Dyakonov M. A. From the materials on the history of the Dorpat (now Yuryev) University. Two notes of prof. I. G. Neiman, 1902. – 20 p.
4. Emelyanova I. A. Historical and legal science of Russia in the 19th century. – Kazan, 1988. – 155 p.
5. Zipunnikova N. V., Kodan S. V., Zakharov V. V. “To study jurisprudence as a legal art” essays on the history of legal education in Russia, (late 17th century – 20th century). – Kursk, 2008. – 160 p.
6. Karamzin N. M. Note on ancient and new Russia in its political and civil relations. – M., 1991. – 110 p.
7. Kodan S. V. Legal policy of the Russian state in the 1800-1850s: figures, ideas, institutions: author’s abstract. dis. … doctor of law: 12.00.01. – M., 2004. 60 p.
8. Kozhevina M. A., Yashchuk T. F. Evolution of the science of the history of law and state in Russia (XVIII-XX centuries). – M., 2023 @@ Formation and development of domestic legal science in the VIII-XIX centuries. – Omsk, 2013. – 576 p.
9. Krylov N. I. On the historical significance of Roman law in the field of legal sciences. – M., 1838. – 66 p.
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12. Samarin Yu. Two words about nationality in science // Russian conversation. – 1856. – No. 1. – 492 p.
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14. Pletnev P. On nationality in literature. // Journal of the Ministry of Public Education. – 1834. – No. 1. – 750 p.
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17. Savigny F.K. von. The System of Modern Roman Law. – Vol. I. – Moscow, 2011. – 512 p.
18. Speransky M.M. Review of Historical Information about the Code of Laws. – 2nd ed. – 1837. – 63 p.
19. Tomsinov V.A. History of Russian Jurisprudence. X-XVII centuries. 2nd edition, revised and supplemented. – M., 2020. – 212 p.
20. Tomsinov V. A. Legal education and jurisprudence in Russia in the 18th century. – M., 2010. – 2nd edition: 2012. – 215 p.
21. Tomsinov V. A. Legal education and jurisprudence in Russia in the first third of the 19th century. – M., 2011. – 280 p.
22. Tomsinov V. A. Legal education and jurisprudence in Russia in the second third of the 19th century. M., 2010. 2nd edition: M., 2015. 336 p.
23. Tomsinov V. A. Legal education and jurisprudence in Russia in the era of the “great reforms” (60s – early 80s of the XIX century). – M., 2013. – 300 p.
24. Decrees of the sovereign emperor Alexander the First, autocrat of all Russia: issued in 1804. – M., 1805. – P. 119.
25. Shevyrev S. P. History of Moscow University, written for its centenary by ordinary professor of Russian literature and pedagogy Stepan Shevyrev. – M., 1855.
26. Korkunov N. M. History of the philosophy of law. – St. Petersburg, 1898. – P. 311 @@ Feldstein G. S. Main trends in the history of criminal law science in Russia. – Yaroslavl, 1909. – P. 357-359.
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28. Reitz A. M. Experience of the history of Russian state and civil laws: trans. from German / works by prof. Alexander Reitz. – M., 1836.
29. Tsvetaev L. A. Outline of the theory of laws. – M., 1816.
HISTORY OF THE STATE AND LAW
NEDZELYUK Tatyana Gennadjevna
Ph.D. in historical sciences, leading researcher of Regional studies of Russia, national and state-confessional relations sub-faculty of the Altai State University, Barnaul; professor of Theory and history of state and law sub-faculty of the Siberian Institute of Management – Branch of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation
THE LEGAL STATUS OF THE BUKHTARMA VALLEY DISSENTERS IN THE MATERIALS OF THE OMSK REGIONAL BOARD OF THE MINISTRY OF FOREIGN AFFAIRS
This publication is another in a series of analytical materials prepared by us on the coverage of the activities of state bodies of the Russian Empire in the context of regulating state-confessional relations in the Trans-Ural region. The research was based on the materials of the Omsk Regional Board of the Ministry of Foreign Affairs. The specifics of the legal status of the Old Believers who moved to the mountainous region of the southern Altai and therefore received the nickname “Masons” were determined by the decree of Empress Catherine II dated September 15, 1791. Since the mid-1830s, a new wave of persecution of Old Believers began, circular orders from the Office of the Ministry of Internal Affairs were distributed to all provinces and regions of the empire, one of the recipients was the border Bukhtarma region. Realizing the importance of the mission of the Old Believers who settled on the border line to form a “buffer zone” between Russia and the Qing Empire, the government, represented by the State Council and the Ministry of Internal Affairs, nevertheless actually leveled the privileged status granted to Bukhtarma schismatics by Catherine II.
Keywords: Western Siberia, Omsk Regional Government, Ministry of Internal Affairs of the Russian Empire, Bukhtarma, legal status of dissenters.
Bibliographic list of articles
1. Central State Archives of the Republic of Kazakhstan (CSA RK). Collection 338: Omsk Regional Administration of the Ministry of Foreign Affairs (1821–1838). – Op. 1. – D. 7, 8, 10, 14, 19, 22, 23, 24, 28, 29, 32, 43, 45, 48, 51, 275, 5283.
2. Guryanova N. N. Canon sacred texts among the Old Believers and the organization of religious life of communities // Bulletin of the Novosibirsk State University. Series: History, Philology. – 2023. – Vol. 22. No. 8. – P. 20-31.
3. Ilyin V. N. Missionary activity of the Tomsk Diocesan Anti-Schismatic Brotherhood of St. Dmitry, Metropolitan of Rostov, in the fight against the Old Believers // Religion in the history of the peoples of Russia and Central Asia. – Barnaul: Altai State University Publishing House, 2014. – P. 228-231.
4. Kupriyanova I. V. Traditionalism of the Old Believers against the Apostasy of Westernization // Religious Studies. – 2013. – No. 3. – P. 37-42.
5. Nedzelyuk T. G. Sources for the study of state-confessional and international policy in the Steppe Governorate-General (based on materials from the Central State Archives of the Republic of Kazakhstan) // Peoples and religions of Eurasia. – 2023. – No. 2 (26). – P. 174-183.
6. Pokrovsky N. N., Zolnikova N. D. Development of Siberia and Old Believers // ECO. – 2011. – No. 2 (440). – P. 168-184.
7. Starukhin N. A. Neo-regional conflict and controversy around prayer for “heterodox” tsars in the Belokrinitsky agreement (1800-1900s) // Bulletin of the Novosibirsk State University. Series: History, philology. – 2010. – V. 9. № 1. – P. 255–259.
HISTORY OF THE STATE AND LAW
PANAYOTOV Vitalin Nedelchev
graduate of Sofia University «St. Kliment Ohridski», specialty «Law» and the Faculty of Philosophy of the same university, specialty «Psychology». Author of the monograph «Lawyer & Art – Introduction to the sociology of lawyer’s practice»
ARITHMETIC OF PARLIAMENTARISM ON THE EVE OF ABDICATION
The Bulgarian Tsar Ferdinand of Saxe-Coburg and Gotha and the Russian autocrat Nicholas II abdicate their thrones in similar circumstances. In Imperial Russia, abdication was followed by a general amnesty, the arbitrariness of crime, the abolition of the constitutional monarchy, and civil war. In the Principality of Bulgaria, a similar event provoked a truce, parliamentary elections, and a democratic change of government. From the author’s point of view, these differences are predetermined not so much by the will of the reigning personages, as by agreements and rearrangements between representatives of parliamentary, executive and military powers. These successful events are taking place in close cooperation and in full coordination with the representatives of the so-called great powers – Great Britain, France, United States of America (USA), Germany and Austria-Hungary. In the text, they are marked with the familiar symbols of the classical Belot: W & E vs N& S; N (Germany; Austria-Hungary), S (Bulgaria, Turkey), N & S (Central Powers); W (Britain, France, USA), E (Russia); W & E (Entente).
Keywords: historical, everyday, legal realities, constitutional monarchy, Parliamentary Agreement, executive and military powers, constitution, renunciation, usurpation.
Article bibliographic list
1. Christopher Clark. Lunatic, how Europe got into Paircotton wool light war. – Ed. Era, Sofia 2015 / The sleepwalkers Copyright, 2012. Christopher Clark. – P. 13-49; With. 223, para. 2, isr. prev. and last; With. 116-153.
2. Basil Lydall Hart. History on Parvata Svetovna war. – Trud Publishing House, 2014 / B. H. Liddell Hart, History of the First World War, Cassell and Co Itd 1970/, p. 424, para. 3 – p. 245, para. 3; With. 448, para. 2. – P. 450, para. 3; With. 429, para. 4, sentence 1, 2, 3; With. 430, para. 2, sentence 3.4.
3. Dr. Alexander Mirkov. Ferdinand I of the government turned, predi and abdikira. – Publishing house “Sega”, ed. 132 (5898), Saturday and Sunday June 10-11, 2017
4. Robart Gervart. Win for the sake of Pervata, the war of the world will never happen (1917-1923). – Ed. East-West, Sofia 2018 / The vanquisked Wy the First World War Failed to End, 1917-1923, Robert Gerwarth, p. 108, para. 3, sentence last – P. 110, para. 3; With. 139, para. 3; With. 147, paragraphs 2,3.
5. Felix Yusupov. Memoirs. – P. 220, paragraph 6, paragraph 8; P. 160, paragraph 3; P. 209, paragraph 2; paragraph 3 .
HISTORY OF THE STATE AND LAW
SAIDOVA Marina Zagidovna
Ph.D. in historical sciences, associate professor, Head of General history sub-faculty of the Dagestan State Pedagogical University, Makhachkala
MODERN AUTHORS ON BANDITRY AS A FACTOR OF DESTABILIZATION OF THE POLITICAL SITUATION IN THE USSR IN THE 20S-50S
In this article, an attempt is made, on the basis of publications of the last decades, to conduct a short digression into the history of the development of banditry on the territory of the USSR in the 20-50s. Moreover, due to the “closeness of this topic”, during the 1930-80s there was a lack of research that dealt with issues of criminal organized crime. Historians and lawyers of this period were forced to work within a rigid command and administrative system that controlled not only their lives, but also their minds. And only in recent decades, dozens of scientific publications have appeared, thanks to which it is possible to compile an objective picture of Soviet reality and judge all the tragedy of the period under consideration.
Keywords: banditry, organized crime, transformation, USSR, gangs, criminal law regulation.
Article bibliography
1. Amirov R. Z. The fight against banditry as one of the areas of activity of the Red Army to ensure internal security of the RSFSR in 1921-1922 // Gaps in Russian legislation. Legal journal. – 2016. – No. 2. – P. 56-61.
2. Historical experience of participation of bodies and troops of the NKVD – MGB – MVD of the USSR in protection of public order and ensuring public safety (1939-1960). – M., 2019. – 120 p.
3. Maksimov P. V. Banditry as a subject of scientific and legal research in Soviet Russia in the 1920s // Bulletin of the Russian University of Cooperation. – 2016. – No. 4. ( 26). – P.116-120.
4. Matskevich I. M. Legends and myths of the criminal world: criminological portraits of famous criminals. – M., 2005. – 416 p.
5. NKVD-MVD USSR in the fight against banditry and the armed nationalist underground in Western Ukraine, Western Belarus and the Baltics (1939-1956). Collection of documents / Ed. Yu. N. Morukov. – M., 2008. – 640 p.
6. Popova A. D. Legends about the “Black Cat” gang as a reflection of the phenomenon of criminal myths in the Russian public consciousness // The latest history of Russia. – 2019. – No. 1. – P. 32-44.
7. Saidova M. Z., Pogosov G. N. Deterioration of the crime situation in the USSR in the post-war years / Proceedings of the scientific session of the faculty of DGPU “Science and education: status, problems and development prospects » May 20-21, 2021 – Makhachkala, 2021. – P. 346-348.
8. Taimasov R. N. Legal regulation of the fight against banditry in the Soviet state 1917-1958: historical and legal research: abstract diss. … for the degree of Cand. of Law. – M., 2011. – 36 p.
9. Torshilova O. A. Internal Affairs Agencies in the Fight Against Banditry During the Great Patriotic War // Oikumena. – 2010. – № 2. – P. 88-96.
10. Titov Yu. P. Reader on the history of the state and law of Russia. – M., 1998. – 480 p.
11. Kharzinova V. M. Criminal- Legal regulation of banditry: history and modernity. // Gaps in Russian legislation. – 2018. – No. 3. – P. 90-92.
HISTORY OF STATE AND LAW
SALNIKOVA Anastasiya Alexandrovna
adjunct of the Faculty of Training of Scientific, Pedagogical and Scientific Personnel of the V. Ya. Kikot Moscow University of the MIA of Russia
ON MEASURES TO STRENGTHEN PUBLIC ORDER IN CERTAIN ECONOMIC SECTORS OF THE RUSSIAN EMPIRE IN THE XIX CENTURY
The article analyzes the issue of the bodies that protected public order and public safety in a number of economic sectors of the Russian Empire before the establishment at the factory and plant police. The subdivisions of the mining and port police are singled out. The role of the village constable as the main position of the protection of public order and public safety has been revealed.
Keywords: village constable, the factory and plant police, working class, mountain police, harbor police, public safety, public order, the Russian Empire of the XIX century.
Article bibliography
1. Belozertsev S. M. Directions of activity of the mining police at the beginning of the XX century. in pre-revolutionary Russia (on the example of the Irkutsk and Amur Governorates General // Bulletin of Altai State University. Historical Sciences and Archeology. 2020. Issue No. 3 (113). Pp. 20-24.
2. Matienko T. L. History of Detective Service in Russia. Study Guide. 2nd, revised and additional ed. Moscow: Moscow University of the Ministry of Internal Affairs of Russia named after V. Ya. Kikot, 2019. 182 p.
3. Nevsky S. A. Establishment of Factory Police in the Russian Empire // Economic and Humanitarian Studies of Regions. 2015. Issue No. 5. Pp. 119-126.
4. Regulation on Port Police in the Military Ports of the Empire and Instructions on the Duties of Port Police Officials: [Approved June 3, 1894 g.]. Revel: type. V. Ehrenpreis, 1913. 16 p.
5. RGIA. F. 565, Op. 15. D. 1241. Pp. 12-17
6. RGIA. F. 1149 Op. 11 1894 D. 75. Pp. 20-25.
7. RGIA. F. 1149 Op.12 1895 D. 119. 6 p.
8. RGIA. F. 1162 Op. 1 OGE 1902 D. 4. Pp. 51-52.
9. RGIA. F. 1286 Op. 40 D. 26. Pp. 1, 108.
10. RGIA. F. 759 Op. 35 D. 36. P. 4-5.
11. RGIA. F. 1149 Op. 12 1895 D. 120. P. 6-14.
HISTORY OF STATE AND LAW
SILANTJEVA Viktoriya Alexandrovna
Ph.D. in historical sciences, associate professor of Theory and History of law and state sub-faculty of the Faculty of Law of the N. I. Lobachevsky Nizhni Novgorod National Research State University
FEDYUSHKINA Arina Igorevna
Ph.D. in Law, associate professor of Theory and History of law and state sub-faculty of the Faculty of Law of the N. I. Lobachevsky Nizhni Novgorod National Research State University
REMUNERATION OF ASSISTANT ATTORNEYS IN PRE-REVOLUTIONARY RUSSIA: LEGISLATION AND PRACTICE
The article is devoted to the analysis of legislation and law enforcement practice on the remuneration of assistant attorneys in the Russian Empire after the judicial reform of 1864. The authors examine the rules on the procedure for determining the amount and features of payment of fees. Special attention is paid to the analysis of the practice of councils of attorneys, which shows the imperfection of the post-reform legislation. The authors conclude that the legal community sought to establish high requirements for the qualifications and moral character of its members, preventing abuse by attorneys of the right to freely determine the amount of remuneration.
Keywords: judicial reform, attorneys, advocacy, fees.
Article bibliography
1. Koni A. F. Moral principles in criminal proceedings. Selected works / A. F. Koni. – Moscow: Publishing house Yurait, 2024. – 152 p. – (Anthology of thought). – Text: electronic // Educational platform Yurait. [Electronic resource]. – Access mode: https://urait.ru/bcode/538688 (date of access: 04/30/2024).
2. The Supremely approved Institution of judicial institutions of November 20, 1864 / PSZ RI. – 1864. – Vol. 39. Part 2. – No. 41475. – Art. 354-355.
3. Personal decree, announced to the Senate by the Minister of Justice “On the procedure for drawing up conditions for the remuneration of sworn attorneys for their petitions in cases” dated April 18, 1866 // PSZRI. – Coll. 2. – Vol. 41. Part 1. – Art. 43203.
4. Supremely approved opinion of the State Council on the draft rate of remuneration of sworn attorneys dated July 3, 1868 / PSZ RI. – Coll. 2. – Vol. 43. – Separ. 2. – No. 46077
5. Shakhrai S. M., Krakovsky K. P. Court is fast, fair, merciful and equal for all: On the 150th anniversary of the Judicial reform in Russia. – M., 2014.
6. Arsenyev K. K. Notes on the Russian Bar. Review of the activities of the St. Petersburg Council of Sworn Attorneys for 1866-1874 – St. Petersburg, 1875.
7. Knyazeva E. G. Development of the Russian Bar in the pre-revolutionary period // News of universities. North Caucasian region. Social sciences. – 2004. – No. 3. – P. 71-74.
8. Markov A. N. Rules of the legal profession in Russia. Experience of systematization of resolutions of councils of sworn attorneys on issues of professional ethics. – M., 1913.
9. Ilyina T. N. The concept of “advocacy” in pre-revolutionary Russia: semantic and legal features // Historical and legal problems: New perspective. – 2012. – No. 5. – P. 142-159.
10. Troitsky I. A. Luminaries of the Russian advocacy. – M.: Centerpoligraf, 2006.
CONSTITUTIONAL LAW
ALIEVA Zulfiya Ibragimovna
Ph.D. in Law, associate professor of Constitutional and international law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
JAVADOV Zamir Rasimovich
magister student of Constitutional and international law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
THE EVOLUTION OF THE PARLIAMENTARY SYSTEM IN RUSSIA: FROM THE STATE DUMA TO THE FEDERAL ASSEMBLY
The article analyzes the evolution of the parliamentary system in Russia , starting with the creation of the first State Duma in 1905 and ending with the modern Federal Assembly. The article briefly examines the historical stages of parliamentarism development, changes in the structure and functions of parliament in different periods of Russian history, as well as modern challenges and prospects for the development of legislative power in Russia. Parliamentarism in Russia has gone through a difficult path of development, accompanied by numerous reforms, revolutions and political transformations. From the moment the first State Duma appeared to the formation of the modern Federal Assembly, the parliamentary system of Russia has undergone significant changes. The purpose of this article is to trace the main stages of the development of the parliamentary system in Russia, identify the key features of each period and analyze their impact on the modern Russian political system. Parliamentary activity has been carried out in Russia for almost a hundred years, which undoubtedly gives us the opportunity to objectively assess the characteristic features of popular representation in Russia at certain historical moments, taking into account, in fact, Russian realities and approaches. > Keywords: parliamentarism, Soviet power, communist party, State Duma, State Council.
Article bibliographic list
1. Alieva Z. I. Administrative-judicial subdivisions in the structure of the State Council 1906-1917: (historical and legal research), abstract of a dissertation for the degree of candidate of legal sciences (12.00.01). – P. 43.
2. Golovastova Yu. A., Vidova T. A. Change in the form of government in Russia during the first Russian revolution: prerequisites, essence, consequences // Humanities, socio-economic and social sciences. – 2019. – No. 7. – P. 76-79.
3. Manzhukova O. A. History of Russian parliamentarism / O. A. Manzhukova. // Young scientist. – 2019. – No. 11 (249). – P. 76-78.
4. Mityaeva Yu. V. Parliamentarism in Russia: foundations, stages of formation, modernity // Elections: theory and practice. – 2021. – No. 2 (56). – P. 29-31 .
5. Trushina A. V. Representative character of the upper house of the Russian parliament // Power. – 2011. – No. 4. – P. 80-81.
6. Shulzhenko Yu. L. Research of problems of parliamentarism in the Soviet period // Proceedings of the Institute of State and Law of the Russian Academy of Sciences. – 2017. – T. 12. – No. 2.
CONSTITUTIONAL LAW
MAKAROV Valentin Alexandrovich
postgraduate student of Constitutional and administrative law sub-faculty of the Faculty of Law of the St. Petersburg State University of Economics
THE ROLE OF CONSTITUTIONAL IDENTITY IN THE DEVELOPMENT OF THE LEGAL EVOLUTION OF THE CONSTITUTION OF THE RUSSIAN FEDERATION
Purpose: the main objective of this study is to identify the role of constitutional identity in the development of the legal evolution of the Constitution of Russia. Conducting an analysis of various points of view on the influence of constitutional identity, an attempt to develop the author’s own view of this article on the relationship and development of the basic law through its perception by civil society and citizens of Russia as a whole.
Methods: the methodological basis of the scientific research was made up of general scientific and specific scientific research methods, special attention was paid to the method of analysis and synthesis, since the study involves studying the role of constitutional identity in the development of the basic law. For the most effective application, the methods were used in combination.
Conclusions: constitutional identity and the legal evolution of the basic law are inseparable terms, since they cannot exist without interconnection. Understanding constitutional identity as a historically emerging self-identification of Russia precisely as a state, the foundations of which come from the text of the provisions of the Constitution, the norms and principles arising from the Constitution, since it is she who should express the originality of the constitutional legal order. Constitutional identity is connected with legal evolution and through spiritual and moral aspects, namely the reflection of traditional values in the texts of articles, after the amendments made, allows us to conclude that constitutional identity, in addition to internal existential perception, also has spiritual significance for every person and citizen living in Russia.
Keywords: constitutional identity, constitution, legal evolution, constitutional legal order, legal implementation.
Article bibliography
1. Aranovsky K. V. Constitutional tradition in the Russian environment: monograph. – St. Petersburg: Legal Center Press, 2003.
2. Blokhin P. D. Judicial doctrine of constitutional identity: genesis, problems, prospects // Comparative constitutional review. – 2018. – No. 6 (127). – P. 62-81.
3. Vasilyeva T. A. The principle of respect for the national identity of the EU member states: problems of interpretation // Constitutional and municipal law. – 2017. – No. 6. – P. 9-12.
4. Gadzhiev G. A. Constitutional identity and human rights in Russia // Law and state: cultural dimension: Int. scientific-practical. conf., December 1, 2017 – St. Petersburg: SPbGUP, 2017. – Pp. 19-28.
5. Gracheva S. A. Development of the concept of constitutional identity in connection with the search for approaches to resolving conventional-constitutional collisions and conflicts // Journal of Russian Law. – 2018. – No. 9. – P. 59.
6. Zorkin V. D. Constitutional identity of Russia: doctrine and practice (report at the international conference in the Constitutional Court of the Russian Federation “St. Petersburg, May 16, 2017”) // Actual problems of the theory and practice of constitutional proceedings. – 2017. – No. 12 – P. 7-30.
7. Zorkin V. D. Letter and Spirit of the Constitution // Rossiyskaya Gazeta. – 2018. – October 9.
8. Zorkin V. D. The Essence of Law // News of Higher Educational Institutions. Jurisprudence. – 2017. – No. 3 (332).
9. Zorkin V. D. Constitutional Identity of Russia: Doctrine and Practice // Journal of Constitutional Justice. – 2017. – No. 4 (58). – P. 1-12.
10. Zorkin V. D. Russia and Strasbourg. Problems of Implementing the Convention on Human Rights // Rossiyskaya Gazeta. Federal Issue. – No. 6809 (238). – 2015.
11. Karpenko K. V. Constitutional originality as an expansion of the subject of constitutional law // Development of Russian law: new contexts and search for solutions to problems. 3rd Moscow Legal Forum. X International scientific and practical conference (Kutafin readings): conf. materials: in 4 parts. – M.: Prospect, 2016. – Part 1. – P. 271-277.
12. Lukyanova E. A. Identity and transformation of modern law // Comparative constitutional review. – 2020. – No. 3 (136). – P. 133.
13. Podolyan D. A. Formation of the doctrine of constitutional identity // North Caucasian legal bulletin. – 2017. – No. 4. – P. 94-100.
CONSTITUTIONAL LAW
MISHINA Elena Vyacheslavovna
Ph.D. in Law, associate professor, Head of State and legal disciplines sub-faculty of the V. B. Bobkov St. Petersburg branch of the Russian Customs Academy
ON THE ISSUE OF THE SPECIFICS OF THE FORMATION OF DOMESTIC CONSTITUTIONAL LEGISLATION (ON THE 100TH ANNIVERSARY OF THE FIRST CONSTITUTION OF THE USSR IN 1924)
The article examines certain aspects of the process of national state building, the peculiarities of the formation and evolution of domestic constitutional legislation. The article analyzes the role and significance of the first Constitution of the USSR in 1924 for the further formation of the constitutional basis in the context of the continuity of the designated state-legal trends, constitutional principles and ideals. Paying attention to the events of a century ago, certain comparative legal analogies are drawn, and the conclusion is formulated that a number of the identified issues are still relevant and topical. In the course of the research, the author emphasizes the uniqueness of the process of domestic constitutional construction.
Keywords: Constitution, the Basic Law of the country, continuity, state policy, national state building, constitutional and legal ideas and principles.
Article bibliographic list
1. Pashentsev D. A. History of state and law of Russia: a course of lectures. – M.: Eksmo, 2010. – 448 p.
2. Kotlyarevsky S.A. USSR and Union Republics. 2nd ed., rev. – M., L.: State Publishing House, 1926. – 141 p.
3. Lenin V. I. On the Formation of the USSR. Complete Collected Works. Vol. 45. – M.: Politizdat, 1975. – 729 p.
4. Kalinin M. I. Articles and Speeches. – Vol. 1. – M., L.: State Publishing House, 1926. – 379 p.
5. Baranovsky E. I. Formation of the USSR – the Triumph of Lenin’s National Policy. – Minsk: “Znanie”, 1982. – 94 p.
6. Yakubovskaya S. I. From the History of the Development of the First Constitution of the USSR // Source Studies of Domestic History: A Collection of Articles. – M.: USSR Academy of Sciences, USSR Institute of History, 1975. – P. 327-338.
7. Romanovskaya V. B. Repressive organs in Soviet Russia. – N. Novgorod: NVZRKU PVO, 1996. – 278 p.
8. Stuchka P. I. Selected works on Marxist-Leninist theory of law / Comp.: Klyava G. Ya. – Riga: Latvian state publishing house, 1964. – 748 p.
9. Mishina E. V. Implementation of the principle of revolutionary expediency and revolutionary legality in Soviet constitutional legislation (on the 100th anniversary of the Constitution of the RSFSR of 1918) // Bulletin of the St. Petersburg Law Academy. – 2018. – No. 3 (40). – P. 20-25.
10. Boer V. M., Gorodinets F. M., Grigonis E. P., et al. The rule of law: reality, dreams, future / Under the general editorship of Salnikov V. P. 2nd ed., revised. – St. Petersburg: St. Petersburg University of the Ministry of Internal Affairs of Russia. Aleteya Publishing House, 1999. – 256 p.
11. Bezyazychny A. I. Historical Experience of Constitutional Construction of the Soviet State: Dis. … Cand. of History: 07.00.02. – M.: Mosk. Ped. State University, 2005. – 207 p.
12. Kukushkin Yu. S., Chistyakov O. I. Essay on the History of the Soviet Constitution. – M.: Politizdat, 1987. – 363 p.
13. Ratkovsky I. S., Khodyakov M. V. History of Soviet Russia. – St. Petersburg: Lan Publishing House, 2001. – 414 p.
14. Shershneva E. A. Creation of the USSR Constitution of 1936: Dis. … Cand. of Law. sciences: 12.00.01. – M.: Moscow state University named after M. V. Lomonosov, 2011. – 231 p.
15. Lenin V. I. Complete Works. Publ. 5. Vol. 23. – M.: Publishing house of political literature, 1973. – 621 p.
16. Medushevsky A. N. Constitution of 1924: how and where were the reasons for the collapse of the USSR laid? Part 1 // Historical perspective. – 2015. – No. 1 (104). – pp. 117-129.
CONSTITUTIONAL LAW
NOVIKOVA Anna Ivanovna
postgraduate student of Prof. I. E. Farber and Prof. V. T. Kabyshev Constitutional law sub-faculty of the Saratov State Law Academy
BASIC GUARANTEES OF PARTICIPATION OF CITIZENS IN THE ADMINISTRATION OF JUSTICE IN RUSSIA, BELARUS AND KAZAKHSTAN
The article considers the guarantees of participation of citizens in the administration of justice in the Russian Federation, the Republic of Belarus and the Republic of Kazakhstan. The classification of guarantees in relation to the topic of the study is proposed and the conditions for their proper implementation are considered. The author substantiates the need to improve the legal regulation of substantive, organizational and procedural guarantees depending on the form of participation of citizens in the administration of justice.
Keywords: guarantees, administration of justice, judicial system, judge, jury.
Article bibliography
1. Ebzeev B. S. Personality and the state in Russia: mutual responsibility and constitutional duties. Moscow, 2007. 383 p.
2. Grevtsov Yu. I. Direct action of the Constitution? // Journal of Russian Law. 1998. No. 6. P. 92-97.
3. Avakyan S. A. Constitutional law of Russia. Study course (study guide in two volumes, volume one; seventh edition, revised and enlarged). M.: Norma: INFRA-M, 2021. 507 p.
4. Nysanbaev N. A. Judicial protection of human rights in the Republic of Kazakhstan Abstract of dis. … for candidate of legal sciences, Specialist. 12.00.11; [D. A. Kunaev University. Department of criminal law disciplines]. Almaty, 2001. 30 p.
5. Bibilo V. N. Judicial system: Textbook. Minsk: Publishing house “Law and Economics”, 2001. 328 p.
6. Vasilevich G. A. On the issue of the legality of the composition of the court // Criminal justice in the light of the integration of legal systems and the internationalization of criminal threats: collection of scientific works, dedicated to the 90th anniversary of Dr. of Law. sciences prof. I. I. Martinovich. Minsk: Publishing center of BSU, 2017. P. 11-15.
7. Gravina A. A., Kashepov V. P., Syrykh V. M. Effectiveness of legislation on jury trial // Effectiveness of the law. Methodology and specific studies. M., 1997. P. 91-112.
CONSTITUTIONAL LAW
GADZHIEVA Dadaba Alisultanovna
postgraduate student of Constitutional and municipal law sub-faculty of the M. V. Lomonosov Moscow State University, senior lecturer of Constitutional and municipal law sub-faculty of the Dagestan State University, Makhachkala
ON THE ISSUE OF COLLECTIVE SUBJECTS IN CONSTITUTIONAL LAW
The article discusses the issue of collective subjects in constitutional law and the necessity of expanding traditional doctrines focused on individual rights and freedoms. The author analyzes the role of collective subjects, such as organizations and social communities, in modern legal systems, their legal capacity, and their significance for legal practice. Special attention is given to the distinction between formalized organizations and social communities, as well as their interaction with constitutional and legal norms. The article emphasizes the importance of revisiting existing approaches to legal capacity to account for the diversity of citizens’ interests in a pluralistic society.
Keywords: collective subjects, legal capacity, individual, social communities, organizations, collectives.
Prarticle bibliographic list
1. Bakhrakh D. N. Essays on the Theory of Russian Law. – M.: Norma: Infra-M, 2010.
2. Bakhrakh D. N. Subjects of Russian Law // Economy of the Region. – 2006. – No. 2.
3. Boytsov V. Ya. On the Circle of Subjects of Soviet State Law // Collection of scientific papers. – Ufa, 1970. – Issue 1.
4. Boytsov V. Ya. The System of Subjects of Soviet State Law. – Ufa, 1972.
5. Ioffe O. S., Shargorodsky M. D. Questions of the Theory of Law. – M.: State Publishing House of Legal Literature, 1961.
6. Malkova N. A. Collective Subjects in Russian Law: Textbook. – Samara: Publishing House “Samara House of Printing”, 1999.
7. Matuzov N. I., Malko A. V. Theory of State and Law: textbook. – M.: Jurist, 2004.
8. Meyer D. I. Russian Civil Law. – M., 2003.
9. Mitskevich A. V. Subjects of Soviet Law // Jurisprudence. – 1963. – No. 4.
10. Samylov I. V. Concept and System of Collective Subjects of Law // Bulletin of Perm University. Legal Sciences. – 2009. – No. 4.
11. Syrykh V. M. Theory of State and Law. – M., 2004.
12. Shakhnovskaya I. V. Collective subjects of constitutional law as social communities // Bulletin of Polotsk State University. Series D. Economic and legal sciences. – 2015. – No. 14.
CONSTITUTIONAL LAW
IVLEVA Yuliya Ivanovna
junior researcher of the Sector of constitutional law and constitutional justice of the Institute of State and Law of the Russian Academy of Sciences
ECOLOGICAL COMPONENT IN THE USSR OF 1977
The issue of environmental protection and maintenance of a favorable environmental situation is currently widely discussed both at the scientific and legislative levels. In order to understand the peculiarities of the functioning of the system of environmental regulation, it is necessary to analyze the constitutional and legal foundations of this sphere at different stages of development of the Russian state. Significant is the period of developed socialism in the USSR, as well as such an event as the adoption of the USSR Constitution of 1977, which served as a basis for the beginning of a new environmental policy. Since the adoption of this normative-legal act, the economic period, characterized by the regulation of relations mainly corresponded to the use of natural resources, has been replaced by the environmental period, dedicated to the protection of the environment, natural resources, and environmental safety. There is a transformation of environmental relations and the state’s approach to declaring and fulfilling its environmental function.
Keywords: ecology, environmental safety, environmental protection, USSR Constitution of 1977, developed socialism, Soviet society, legal aspects.
Пристатейный библиографический список
1. Аверьянова Н. Н. Конституционно правовое регулирование земельных отношений в Российской Федерации: монография / Под ред. G. N. Komkova. – M. Yustitsinform, 2017. – 264 p.
2. Vershilo N. D. Ecological function of the Russian state in the context of sustainable development // Environmental law. – 2005. – No. 4. – P. 11-14
3. Gizzatullin R. Kh. Ecological function of the state and the Constitution of Russia // Legal state: theory and practice. – 2012. – No. 3 (29). – P. 54-59.
4. The Declaration on the Environment adopted in Stockholm on June 16, 1972 at the UN Conference on the Human Environment // Current international law. V. 3. – M., 1997. – P. 682-687.
5. Yezhov Yu. A. Constitutional foundations of environmental legal relations // New law journal. – 2012. – No. 3. – P. 61-70.
6. Matveeva E. V. Legal mechanism for the implementation of environmental rights of citizens in the Russian Federation and the Federal Republic of Germany: specialty 12.00.06 “Land law; natural resource law; environmental law; agrarian law”: dissertation for the degree of candidate of legal sciences. – Moscow, 2010. – 211 p.
7. Petrov V. V. Constitutional foundations of nature protection in the USSR and problems of improving Soviet environmental legislation in the context of scientific and technological progress // Scientific and technical progress and legal protection of nature / Ed. V. V. Petrov. – M .: Publishing house of Mosk. un-ta, 1978. – P. 30.
8. Statsenko O. V. Foreign experience of environmental regulation on the example of Western European countries and the USA // International journal of humanitarian and natural sciences. – 2020. – No. 6-3. – P. 171-190.
ADMINISTRATIVE LAW
ALFEROV Sergey Nikolaevich
Ph.D. in Law, professor, chief researcher of the V. I. Vernadsky Crimean Federal University
ON THE ISSUE OF NORMATIVE DEFINITION OF THE CONCEPTS OF “DOMESTIC” AND “INBOUND” TOURISM
The study contributes to the development of scientific knowledge about tourism and provides practical recommendations for government agencies, businesses and other stakeholders. The article analyzes the concepts of “domestic” and “inbound” tourism, considers the main factors of the division of domestic and inbound tourism, identifies problems of legal regulation of these types of tourism, and suggests ways to improve the legislative regulation of these types of tourism. Based on the analysis, the authors highlight the key differences between domestic and inbound tourism, determine the most pressing problems of legal regulation of each of them and propose specific measures to improve legislation in the field of tourism.
The results of the study can be used to develop effective state programs for tourism development, improve the regulatory framework and increase the competitiveness of the tourism industry.
Keywords: concept, tourism, forms of tourism, external tourism, inbound tourism .
Article bibliographic list
1. Meeting of the Presidium of the State Council on tourism development // Official network resources of the President of Russia. [Electronic resource]. – Access mode: http://kremlin.ru/ (date of access: 11.05.2024).
2. Federal Law of 24.11.1996 No. 132-FZ (as amended on 23.03.2024) “ On the Fundamentals of Tourist Activity in the Russian Federation” // SZ RF. 1996. No. 49. Art. 5491.
3. Law of Krasnodar Krai “On Tourist Activity in Krasnodar Krai” dated October 25, 2005 No. 938-KZ (as amended . from 19.12.2016) // “Information Bulletin of the Legislative Assembly of Krasnodar Krai”. 28.11.2005. No. 35.
4. Law of St. Petersburg “On tourist activities in St. Petersburg” dated 28.12.2012 No. 741-126 (as amended on 17.02.2017) // “Bulletin of the Legislative Assembly of St. Petersburg”. 21.01. 2013. No. 1.
5. Law of the Republic of Crimea “On tourist activities in the Republic of Crimea” dated 14.08.2014 No. 51-ZRK (as amended on 29.12.2016) // “Bulletin of the State Council of the Republic of Crimea”. 09.09.2014 . No. 2 (part 1).
6. Burlaka A. M. Tourism: classification and types. – Text: direct // Young scientist. 2023. No. 2 (449). P. 93-95. [Electronic resource]. – Access mode: https://moluch.ru/archive/449/98990/ (date of access: 10.05.2024).
7. Andrianov Vladimir Ivanovich Problems of development of internal and inbound tourism // Modern problems of service and tourism. 2015. No. 3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/problemy-razvitiya-vnutrennego-i-vezdnogo-turizma (date of access : 12.05.2024).
8. Akopyan M. L. International experience in regulating inbound tourism // Belarusian Journal of International Law and International Relations. 2004. No. 4.
9. Mikhail Mishustin approved the state program “Tourism Development” / / Government of Russia. [Electronic resource]. – Access mode: http://government.ru (date of access: 11.05.2024).
ADMINISTRATIVE LAW
AMIRYAN Artur Andreevich
student of the I. T. Trubilin Kuban State Agrarian University, Krasnodar
FOMINOV Dmitriy Konstantinovich
student of the I. T. Trubilin Kuban State Agrarian University, Krasnodar
CHERNOV Yuriy Ivanovich
Ph.D. in Law, associate professor, senior lecturer of Administrative and financial law sub-faculty of the I. T. Trubilin Kuban State Agrarian University, Krasnodar
ADMINISTRATIVE AND LEGAL STATUS OF THE STATE CORPORATION ROSATOM
This article is devoted to the study of the administrative and legal status of the state corporation Rosatom, which is a key participant in the Russian nuclear industry. The article examines the features of the legal status of the Rosatom state corporation, its advantages over other organizational forms, the legal basis of Rosatom’s activities, laws and regulations defining its position in the public administration system, its powers and activities. The article examines the history of the creation and development of the Russian nuclear industry, the relationship of Rosatom with its previous management bodies in the nuclear industry. In addition, the article examines the performance indicators of this state corporation. The results of this study can be useful both for specialists in the field of administrative law and for people who are interested in the activities of Russian state corporations in general.
Keywords: administrative and legal status, state corporation, Rosatom state corporation, nuclear energy, regulatory legal acts, state regulation.
Article bibliographic list
1. Alyushenko A. I., Skirtach A. A. Powers of the state corporation for of the State Atomic Energy Corporation “Rosatom” on legal regulation in the established sphere of activity // Legal Energy Forum. – 2014. – No. 4.
2. Zamryga D. V. The goals of creating the state corporation for atomic energy “Rosa”volume» // Law and Business. – 2013. – No. 4.
3. Utkina M. F. State Corporation “Rosatom” as an Instrument for Implementing the Foreign Policy Strategy of the Russian Federation // Bulletin of Bryansk University. – 2019. – No. 3 (41).
4. Fomina E. V. Administrative and Public Function of State Corporations in the Sphere of Administrative Rulemaking // Law and Right. – 2023. – No. 10.
5. Baramidze G. A. Financial and Legal Regulation of the Activities of the State Corporation “Rosatom” // Dissertation for the Degree of Candidate of Legal Sciences / Federal State Budgetary Educational Institution of Higher Education “Moscow State Law University named after O.E. Kutafin (MSAL)”. -2018.
6. Stenyaev E. S. Problems of formation of the largest state corporations in modern Russia (on the example of the state corporation “Rosatom”) // Dissertation for the degree of candidate of economic sciences / Academy of Labor and Social Relations. – 2008.
7. Popova L. L., Studenkina M. S. // Administrative law: Textbook. – 2nd ed., revised. and additional. – M .: Yur.Norma. NIC INFRA-M, 2019.
8. Rossinsky B. V., Starilov Yu. N. // Administrative law: Textbook for universities. – 6th ed. Revision. – M .: Yur. norm, NIC INFRA-M, 2019.
9. Rosatom State Corporation Rosatom nuclear technology nuclear power NPP nuclear medicine. – [Electronic resource]. – Access mode: https://www.rosatom.ru/index.html (date of access: 20.04.2024).
ADMINISTRATIVE LAW
PANFILOVA Olga Valentinovna
Ph.D. in Law, associate professor of Security at transport facilities sub-faculty of the I. D. Putilin Belgorod Law Institute of the MIA of Russia
VOLKOV Pavel Anatoljevich
Ph.D. in Law, associate professor of Management and administrative activities of the department of internal affairs sub-faculty of the I. D. Putilin Belgorod Law Institute of the MIA of Russia
ADMINISTRATIVE OFFENSES IN THE FIELD OF PUBLIC ORDER PROTECTION AT TRANSPORT FACILITIES
To date, the facilities of the transport complex ensure the multilateral development of the state in the economic, political, social and strategic spheres of society. At the same time, railways, airports, sea and river ports are objects of increased danger, which, in turn, requires special legal regulation, including the norms of administrative legislation. Preventing the commission of administrative offenses at transport facilities, as well as bringing perpetrators to administrative responsibility, is one of the tasks of protecting public order of internal affairs bodies in transport. Administrative offenses in the field of public order protection contain an additional danger associated with harm to the life and health of citizens, damage to property.
Keywords: administrative offense, public order, security, transport facilities, transport complex, territorial bodies of the Ministry of Internal Affairs of Russia on transport.
Article bibliographic list
1. Gretsky S. N. Types of administrative offenses in the field of road traffic // NovaUm.Ru. – 2021. – No. 34. – P. 233-235.
2. Volzhenin V. V. Prevention of administrative offenses carried out by patrol and guard police units at railway transport facilities // Current problems and prospects for the development of the legal system of Kazakhstan: materials of the international scientific and practical conference dedicated to the 110th anniversary of the birth of the Minister of Internal Affairs of the Kazakh SSR, statesman and public figure, Lieutenant General of the Internal Service Shrakbek Kabylbayevich Kabylbayev and the 20th anniversary of the capital of the Republic of Kazakhstan – Astana, Kostanay, October 26, 2018. – Kostanay: Kostanay Academy of the Ministry of Internal Affairs of the Republic of Kazakhstan, 2018. – P. 199-202.
3. Rossinsky B. V. Administrative law and administrative responsibility: course of lectures. – 2nd ed., revised. – Moscow: Norma: INFRA-M, 2024. – 352 p.
4. Administrative law: textbook / Ed. by L. L. Popov, M. S. Studenikina. – 3rd ed., revised and enlarged. – Moscow: Norma: INFRA-M, 2023. – P. 233.
5. Ishmametov I. A. Concept and content of administrative offenses in the sphere of public order protection // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2011. – No. 7. – P. 219.
ADMINISTRATIVE LAW
ZINKOV Evgeniy Nikolaevich
Ph.D. in Law, associate professor, associate professor of Theory of law and public law disciplines sub-faculty of the Institute of Law of the Samara State University of Economics
GOLUBTSOVA Kseniya Ivanovna
Ph.D. in Law, associate professor of Penal enforcement law and organization of the execution of sentences not related to the isolation of convicts from the society sub-facultyof the Law Faculty of the Samara Law Institute of the FPS of Russia
KONDRASHEVA Anastasiya Sergeevna
student of the 3rd course of the Institute of Law of the Samara State University of Economics
FEATURES OF ADMINISTRATIVE SUPERVISION OF NON-PROFIT ORGANIZATIONS
The article discusses the current problems of state supervision of the activities of non-profit organizations in Russia. The legal regulation of this sphere is analyzed, attention is focused on the contradictory moments of this process. Proposals are also being formulated to improve administrative and legal oversight mechanisms aimed at improving the effectiveness of control activities, as well as ensuring a balance between public interests and the autonomy of the non-profit sector. Particular attention is paid to the optimization of audit procedures, the introduction of a risk-based approach, and the development of interaction between supervisory authorities and civil society institutions.
Keywords: non-profit organizations, administrative supervision, public control, risk-based approach, state registration, unscheduled inspections, administrative responsibility.
Article bibliography
1. Vasilyeva A. F., Shupletsova Yu. I. Non-commercial organizations in Russia: problems of implementing administrative supervision // Journal of Russian Law. – 2020. – No. 8. – P. 101-111.
2. Code of the Russian Federation on Administrative Offenses: Federal Law of 30.12.2001 No. 195-FZ (as amended on 08.08.2024) // Official Internet portal of legal information. [Electronic resource] – Access mode: http://pravo.gov.ru (date of access: 09/17/2024).
3. Yakimova E. M. Administrative and legal regulation of state control and supervision of non-profit organizations // Siberian legal review. – 2018. – No. 4. – P. 74-81.
4. Pozhidaeva M. A. Non-profit organizations as subjects of administrative law // Leningrad Law Journal. – 2021. – No. 2. – P. 95 -103.
5. Zaitseva E. S. Administrative supervision of the activities of non-profit organizations in the Russian Federation: features of legal regulation // Administrative and municipal law. – 2019. – No. 6. – P. 18-25.
6. Vikulov K. E. On the content of administrative supervision over the activities of non-profit organizations // Actual problems of Russian law. – 2018. – No. 11. – P. . 54-62.
ADMINISTRATIVE LAW
KULAKOV Nikolay Andreevich
Ph.D. in Law, associate professor, associate professor of Administrative law sub-faculty of the St. Petersburg University of the MIA of Russia
TEMNIKOV Alexey Yurjevich
Ph. D. in Law, associate professor, associate professor of Administrative activities of internal affairs bodies sub-faculty of the St. Petersburg University of the MIA of Russia
ERMOLAEV Vyacheslav Gennadjevich
lecturer of Administrative activities of internal affairs bodies sub-faculty of the St. Petersburg University of the MIA of Russia
SCIENTIFIC ACTIVITY AS AN OBJECT OF PUBLIC ADMINISTRATION AND LEGAL REGULATION
The article discusses the problems of public administration and legal regulation in the field of science and scientific and technical activities. The article justifies that scientific activity is the object of complex intersectoral legal regulation, for which both private and public legal means are applied. The authors conclude that from the point of view of streamlining state management relations, it is advisable to harmonize the legislation on science and the legislation on intellectual property, determine the socio-legal nature of scientific activity as creative activity and amend the legislation accordingly.
Keywords: science, scientific and technical activity, intellectual property, public legal means, private legal means.
Article bibliography
1. Ivanova S. A On the issue of the concepts of “science” and “scientific activity” in light of the innovative development of modern Russian education // Legal education and science. – 2012. – No. 1. – P. 23-28.
2. Krasavchikov O. A. Creativity and civil law (concept, subject and composition of the sub-sector) // Categories of civil law science: selected works: In 2 volumes. – M., 2005. – V. 2. – 673 p.
3. Murzin D. V. Problems of legal regulation of scientific activity as a creative activity // Russian Law Journal. – 2019. – No. 4. – pp. 167-173.
ADMINISTRATIVE LAW
MATVEEVA Anastasiya Alexandrovna
senior lecturer of General theoretical and state legal disciplines sub-faculty of the East Siberian branch of the Russian State University of Justice, Irkutsk
SELF-REGULATING ORGANIZATIONS OF ARBITRATION MANAGERS: FEATURES OF THE ADMINISTRATIVE AND LEGAL STATUS
The study is devoted to the analysis of the institute of self–regulating organizations of arbitration managers (hereinafter referred to as the SRO of arbitration managers), consideration of its public law powers, which determine its administrative and legal status. The purpose of the study is to analyze the institution of SRO arbitration managers to determine the specifics of its administrative and legal status. To achieve this goal, the author has set himself the following tasks: to determine the legal basis for the activities of SRO arbitration managers; to study the requirements for these organizations, as well as to explore the public law functions that they perform. Within the framework of the research, the author used various general scientific methods, such as analysis, synthesis and generalization. In addition, specialized methods were used, including the analysis of normative legal acts and the method of interpretation of law.
Keywords: arbitration manager, self-regulating organization of arbitration managers, self-regulation, administrative and legal status, public law functions.
Article bibliographic list
1. Unified state register of SRO arbitration managers // Federal Service for State Registration, Cadastre and Cartography. [Electronic resource]. – Access mode: https://rosreestr.gov.ru/wps/portal/p/cc_ib_portal_services/cc_ib_sro_reestrs/ (date of access: 26.07.2024).
2. Zabramnaya E. Yu. Disciplinary responsibility: inter-industry aspect and current problems legal institute // Labor law in Russia and abroad. – 2019. – No. 3. – P. 42-45.
3. Korshunov P. N. The role of self-regulatory organizations of arbitration managers in the administration of justice in bankruptcy cases // Jurist. – 2020. – No. 3. – P. 16-23.
4. Afanasyeva E. G., Belitskaya A. V., Bobyleva A. Z. [et al.] Insolvency (bankruptcy). In 2 volumes. Vol. 1: training course / Edited by S. . A. Karelina. – M.: Statut, 2019. – 925 p.
5. Rustamova S. M., Manatilov M. M. On self-regulation in the field of arbitration management // Civil service and personnel. – 2019. – No. 2. – P. 82-83.
ADMINISTRATIVE LAW
PONOMARENKO Anna Alexandrovna
Ph.D. in Law, professor, chief researcher of the V. I. Vernadsky Crimean Federal University, Simferopol
THE CENTRAL BANK OF THE RUSSIAN FEDERATION AS A REGULATOR OF THE FINANCIAL RELIABILITY OF CREDIT ORGANIZATIONS
This article analyzes the legal framework for ensuring the financial reliability of credit institutions and examines the role and functions of the Central Bank of the Russian Federation (CBRF) in this process.
The author examines the main legislative acts and regulations governing the activities of credit institutions in Russia and identifies key aspects of their financial stability. In order to improve the efficiency of regulation, it is proposed to develop a Banking Code of the Russian Federation that will unite existing standards and simplify the regulatory system. As a temporary solution, it is proposed to divide the assessment methods into mandatory and advisory.
Particular attention is paid to the role of the CBRF as a regulator of the banking system and its functions to control and supervise the activities of credit institutions in order to ensure their financial reliability. The author emphasizes the need to revise the system of banking legislation and develop a unified methodology for assessing the state of a credit institution.
The author concludes that the Bank of Russia plays a decisive role in ensuring the financial reliability of credit institutions, since it has been entrusted with all powers in the field of control and supervision of banking activities.
Keywords: Central Bank of the Russian Federation, credit institution, financial reliability, banking supervision, licensing, banking legislation, banking activities.
Article bibliographic list
1. Geroev A. Kh. Current problems of development and application of banking legislation // International student scientific bulletin. – 2020. – No. 4. – P. 9-15.
2. On banks and banking activities: Federal Law of 02.12.1990 No. 395-1 (as amended on 04.08.2023) (as amended and supplemented. , entered into force on 21.10.2023) // Bulletin of the Congress of People’s Deputies of the RSFSR. – 06.12.1990. – No. 27. – Art. 357.
3. On the Central Bank of the Russian Federation (Bank of Russia): Federal Law of 10.07.2002 No. 86-FZ (as amended on 24.07.2023) (as amended and supplemented, entered into force on 01.10. 2023) // Collection of Legislation of the Russian Federation. – 15.07.2002. – No. 28. – Art. 2790.
4. Rybintseva E. V. Codification of Legislation in the Sphere of Financial Law // Issues of Development of the State and Law: Theory, History etc.Actika: Collection of scientific articles based on the materials of the All-Russian scientific and practical conference (on the 100th anniversary of the Supreme Court of the Russian Federation), Simferopol, November 9, 2022 / Ed. and compiled by V. G. Tur. – Simferopol: Limited Liability Company “Arial Printing House”, 2023. – Pp. 276-281.
5. Aksverova S. A., Kazankova T. N. History of the creation and development of central banks / // Russian science: current research and development: Collection of scientific articles of the VII All-Russian scientific and practical conference. In 2 parts, Samara, March 7, 2019 / Editorial board: G. R. Khasaev, S. I. Ashmarina [et al.]. Volume Part 2. – Samara: Samara State University of Economics, 2019. – Pp. 328-332. – EDN EFMPGY.
6. Rogozhin A. A., Galiev D. H. The US Federal Reserve System. Its history and instruments of influence on the market // XXV Tupolev Readings (school of young scientists): Texts of reports of participants of the International Youth Scientific Conference dedicated to the 60th anniversary of the First manned flight into outer space and the 90th anniversary of the Kazan National Research Technical University named after A.N. Tupolev-KAI, Kazan, November 10-11, 2021. Volume VI. – Kazan: Publishing house of IP Sagieva A.R., 2021. – P. 591-595. – EDN ILJYIX.
7. Tskhadadze N. V., Mynina A. A., Savvina A. A. Development of the Bank of Russia: history and modernity // Theory and practice of economics and entrepreneurship: proceedings of the XVIII All-Russian scientific and practical conference with international participation, Simferopol-Gurzuf, April 27-29, 2021. – Simferopol: Crimean Federal University named after V.I. Vernadsky, 2021. – P. 253-256.
8. On the procedure for approving by the Bank of Russia the appointment (election) of candidates for positions in a financial institution, notifying the Bank of Russia of the election (termination of powers), appointment (dismissal from office) of persons who are members of the management bodies, other officials in financial institutions, assessing compliance with the qualification requirements and (or) requirements for the business reputation of persons who are members of the management bodies, other officials and founders (shareholders, participants) of financial institutions, sending information by a member of the board of directors (supervisory board) of a financial institution to the Bank of Russia on voting (on not taking part in voting) against a decision of the board of directors (supervisory board) of a financial institution, sending a request for the Bank of Russia to provide information and sending by the Bank of Russia a response on the presence (absence) of information in the databases provided for in Articles 75 and 76.7 of the Federal Law of July 10, 2002 No. 86-FZ “On the Central Bank of the Russian Federation (Bank of Russia)”, as well as on the procedure for maintaining such databases: Bank of Russia Regulation of 27.12.2017. No. 625-P (as amended on 21.09.2020) // “Bulletin of the Bank of Russia”. – 13.04.2018. – No. 30-31.
9. On the procedure for the Bank of Russia to conduct inspections of supervised persons: Bank of Russia Instruction of 15.01.2020 No. 202-I // “Bulletin of the Bank of Russia”. – 14.05.2020. – No. 32.
10. Resolution of the Arbitration Court of the Moscow District (FAS MO): in case No. A40-226623/2021: drawn up on August 08, 2022, Moscow // Electronic justice. Reference legal system “SudAkt”. [Electronic resource]. – Access mode: https://sudact.ru/arbitral/doc/eZcnp7H56ZU/?arbitral-txt (date of access 08/22/2024).
ADMINISTRATIVE LAW
KHALILEV Ruslan Amdievich
Ph.D. in Law, professor, professor of Criminal law and process sub-faculty of the V. I. Vernadsky Crimean Federal University
ADMINISTRATIVE-LEGAL STATUS OF SELF-REGULATORY ORGANIZATIONS IN THE TOURIST SECTOR
The article examines the influence of self-regulatory organizations on the development of the tourism sector in Russia. The main functions and tasks of these organizations, their contribution to improving the quality of services and protecting consumer rights are analyzed. Particular attention is paid to the prospects for the development of self-regulation in tourism.
The author examines the administrative and legal status of self-regulatory organizations in the sphere of resort and tourism activities in Russia. A content analysis of the regulatory framework governing the activities of self-regulatory organizations in this area is carried out, and the main problems and prospects for the development of this institution are identified.
The relevance of the study is due to the need to improve the efficiency of state regulation in the tourism sector and ensure high quality of services provided, since in a market economy, self-regulation is becoming an important tool for achieving a balance of interests of the state, business and consumers.
The role and functions of self-regulatory organizations in the sphere of resort and tourism activities , their interaction with government structures and local governments are studied, and problems associated with shortcomings in legislation and an unclear delineation of powers between self-regulatory organizations and government bodies are analyzed. Based on the analysis, the author offers recommendations for improving the legislation on self-regulatory organizations in the sphere of resort and tourism activities, aimed at increasing efficiency and ensuring the protection of the rights and interests of market participants.
Keywords: self-regulatory organizations, resort and tourism activities, administrative law, administrative and legal status, state regulation, quality of services, legislation.
Bibliographic list of articles
1. Mishustin said that the importance of the tourism industry cannot be overestimated. [Electronic resource]. – Access mode: https://tass.ru/obschestvo/18366501 (date of access 08/30/2024)
2. Federal Law of November 24, 1996 No. 132-FZ “On the Fundamentals of Tourism Activity in the Russian Federation”. [ Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_12462/ (date of access 08/30/2024).
3. Federal Law of December 1, 2007 No. 315-FZ “On self-regulatory organizations” // Collection of Legislation of the Russian Federation. – 2007. – No. 49. – Art. 6076.
4. Order of the Federal Agency for Tourism dated November 27, 2020 No. 440-Pr-20 “On approval of the Rules of professional activity regulating the procedure for the implementation by the association of tour operators in the field of outbound tourism and its members of functions related to the formation and use reserve fund of the association of tour operators in the field of outbound tourism.” [Electronic resource]. – Access mode: http://publication.pravo.gov.ru/document/0001202011300081 (date of access 08/30/2024).
5. Order of the Government of the Russian Federation Federation of January 20, 2024 No. 99-r. – [Electronic resource]. – Access mode: http://static.government.ru/media/files/AzADDnfIoJaQ1D h4eu42PdDXtDq4gCXA.pdf (date of access: (date of access 08/30/2024).
6. The government approved a “roadmap” for amending the regulatory regulation in the field of tourism [Electronic resource]. – Access mode: http://government.ru/docs/50682/ (date of access 08/30/2024).
7. Order of the Ministry of Economic Development of Russia dated October 14, 2020 No. 678 ” On approval of the Requirements for providing self-regulatory organizations with access to documents and information subject to mandatory posting on the official websites of self-regulatory organizations, as well as requirements for technological, software, and linguistic means of ensuring the use of the official websites of such self-regulatory organizations organizations.”
ADMINISTRATIVE LAW
SHAMRIN Maxim Yurjevich
Ph.D. in Law, associate professor of Administrative law and process sub-faculty of the O. E. Kutafin Moscow State Law University (MSAL)
BELOUSOVA Violetta Viktorovna
assistant of Administrative law and process sub-faculty of the O. E. Kutafin Moscow State Law University (MSAL)
THE ROLE OF ARTIFICIAL INTELLIGENCE IN IMPROVING PUBLIC ADMINISTRATION
The article examines the role of artificial intelligence in improving public administration. The application of artificial intelligence in agricultural management is analyzed. The experience of foreign countries is examined. Special attention is given to AI in land management activities, monitoring, and quality assessment of fertile lands. It is concluded that the introduction of AI in agricultural management opens up new opportunities for increasing the efficiency and sustainability of the agricultural sector.
Keywords: management, agriculture, artificial intelligence, logistics.
Article bibliographic list
1. Zinchuk G. M., Efimova M. V. Problems of implementation of artificial intelligence agro-industrial sphere of the regions of Russia // Creative Economy. – 2023. – Vol. 17. No. 12. – P. 4899-4912.
2. Rumyantsev F. P. On the concept of land turnover // Legality and law and order in modern society. – 2011. – No. 3. – P. 125-128.
3. Skvortsov E. A. Prospects for the application of artificial intelligence technologies in regional agriculture // Regional Economy. – 2020. – Vol. 16. Issue 2. – P. 563-576.
4. Shumareva S. N. Application of artificial intelligence to ensure sustainable development of agriculture // Advances in Science and Technology: Collection of articles from the LX international scientific and practical conference, Moscow, April 30, 2024. – Moscow: OOO AKTUALNOST.RF, 2024. – P. 23-24.
5. Khedo, K., Mungur, A. (2023). Smart Agriculture Research and Development for Small Island Developing States. In: Pakeerathan, K. (eds) Smart Agriculture for Developing Nations. Advanced Technologies and Societal Change. Springer, Singapore. – P. 233-249.
ADMINISTRATIVE LAW
ADAMYAN Georgiy Karenovich
student of the 2nd course of the Law Faculty of the I. T. Trubilin Kuban State Agrarian University, Krasnodar
NOSKOVA Dayana Dmitrievna
student of the 2nd course of the Law Faculty of the I. T. Trubilin Kuban State Agrarian University, Krasnodar
CHERNOV Yuriy Ivanovich
Ph.D. in Law, associate professor, senior lecturer of Administrative and financial law sub-faculty of the Law Faculty of the I. T. Trubilin Kuban State Agrarian University, Krasnodar
PROSPECTS FOR IMPROVING THE ADMINISTRATIVE AND LEGAL PROTECTION OF INFORMATION SECURITY The article reveals the concept and content of information security, justifies the need to apply measures to ensure it. The author identified has the prospects for the development of information security and specific measures to protect information security carried out by the state. The necessity of applying administrative and legal protection of information security is substantiated. The article describes the problems of administrative legislation in the field of administrative responsibility in the field of information, and also suggests ways to solve them. The positions of legal scholars on the issues of determining the jurisdiction of the state in the information sphere, the application of administrative punishment, and the systematization of the Administrative Code of the Russian Federation are presented.
Keywords: information, information security, administrative and legal protection, administrative responsibility, administrative legislation, administrative punishment, Internet.
Article bibliography
1. Garayev A. A. Analysis of the recovery of an administrative fine // Administrative law and process. – 2013. – No. 2. – P. 38-45.
2. Lukashuk I. I. International law. Special part. – M., 2005.
3. Petrovsky S. .V. Problems of judicial law enforcement in the sphere of the Internet // Information law. – M., 2004.
4. Savchishkin D. B. Administrative responsibility as a means of ensuring information security // Administrative and municipal law. –2011. – No. 6. – P. 55-63.
5. Terentyeva L. V. Network space and state borders: issues of jurisdiction on the Internet // Law. Journal of the Higher School of Economics. – 2010.
6. Fedotova O. A. Administrative liability for offenses in the field of information security: author’s abstract. . … Cand. of Law: 12.00.14. – M., 2003. – 27 p.
7. Cherepanova E. Yu. On the classification of administrative offenses in the information sphere in the context of ensuring information security of Russia at the present stage / / Bulletin of the Nizhny Novgorod University named after N. I. Lobachevsky. –2022. – No. 6. – P. 171-176.
8. David R. Johnson. Law And Borders – The Rise of Law in Cyberspace // Stanford Law Review. – 1996. – R. 34.
ADMINISTRATIVE LAW
VOYTOV Igor Vladislavovich
postgraduate student of the 1st course of Administrative and Financial Law sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
ROLE OF DISTANCE LEARNING IN THE FORMATION OF A UNIFIED EDUCATIONAL SPACE IN THE CIS COUNTRIES
The article examines new opportunities for the formation of a unified educational space in the CIS countries in connection with the digital transformation of education. Based on an analysis of the legislative regulation of distance learning in Russia, Kazakhstan, Belarus, Moldova and Uzbekistan, a conclusion is drawn about different approaches to the legal regulation of distance learning, and it is proposed to strengthen the interaction of the CIS countries in adopting joint strategies for the development of digital technologies in the field of education.
Keywords: legislation on education, common educational space of the CIS, distance learning, higher education, digital technologies.
Article bibliographic list
1. Diveeva N. I., Dmitrikova E. A. Trends in regulatory control of digitalization processes in education in the CIS countries // Yearbook of Russian educational legislation. – 2021. – No. 21 (T . 16). – P. 210-227. – [Electronic resource]. – Access mode: https://lexed.ru/ezhegodnik-rossiyskogo-obrazovatelnogo-zakonodatelstva/book/tom16/tendentsii-normativnogo-regulirovaniya-protsessov-tsifrovizatsii-obrazovaniya-v-stranakh-sng-/ (date of access: 15.06.2024 ).
2. Volkova N. S., Emelianov A. S., Efremov A. A., et al. Human rights in the information sphere in the context of digitalization: scientific and practical. manual / Ed. L. K. . Tereshchenko. – M.: Infotropic, 2023. – 244 p.
ADMINISTRATIVE 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
LEGAL ASPECTS OF THE STATUS OF THE MINISTRY OF CULTURE AND THE CINEMA FUND IN RUSSIAN LEGISLATION AS ACTORS REGULATING THE FILM INDUSTRY AND THE SPECIFICS OF THEIR INTERACTION IN THIS AREA
The article examines the legal status of the Ministry of Culture of Russia, its goals and objectives, as well as interaction with subordinate organizations, in order to generalize domestic practices and further improve the domestic legal system. This article examines one of the key issues of potential future cultural policy. This issue is not unreasonably extremely important for the development of any future strategy of cultural policy. The current state of affairs with regard to the legal aspects of the status of the Ministry of Culture and the Cinema Foundation is considered in detail. The current measures taken The structure of the authorities involved in cultural policy has been fully studied. Considerable attention is paid to education and international cooperation. This article also pays attention to the social cinema that is significant today.
Keywords: legal regulation, cinema, establishment of the institute, national legislation, law history.
Article bibliography
1. Vorontsova Yu . V. Study of the problems of obtaining state support when creating a film project // Bulletin of the University. – 2023. – No. 6.
2. Pechegina T. Impact goes to the cinema. Evaluation of the effectiveness of investments in Russian cinema // Positive changes. – 2023. – V. 3. No. 2.
3. Administrative law of Russia: textbook. – 2nd ed., revised and enlarged. (Ed. Popov L. L.). – “Prospect” , 2010.
4. Gorsheleva N. A., Mityushina A. V. Public administration in the sphere of cinematography of the Russian Federation // Actual problems of humanitarian and natural sciences. – 2015. – No. 12-4. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/gosudarstennoe-upravlenie-v-sfere-kinematografii-rosiyskoy-federatsii (date of access: 22.04.2024).
ADMINISTRATIVE LAW
SEIDOV Gamzat Zakirovich
postgraduate student of Administrative and financial law sub -faculty of the Institute of Law of the Patrice Lumumba People’s Friendship University of Russia
PROBLEMATIC ASPECTS OF ADMINISTRATIVE AND LEGAL SUPPORT OF INFORMATION SECURITY OF THE RUSSIAN FEDERATION
The scientific article focuses on the fact that currently in Russia, as in the world, the amount of information obtained through various media, including the Internet, is increasing. It is emphasized that in our country there are a number of regulatory legal acts aimed at ensuring information security. However, we note that there are a number of problems in the framework of administrative and legal support for information security:
– firstly, the advisability of adopting the Information Code of the Russian Federation has been discussed for several years;
– secondly, it is necessary to increase liability for persons who are able to sell or otherwise use personal data of clients for their own illegal purposes
– thirdly, the adoption of a normative legal act aimed at amending existing normative acts should be considered , reflecting legal norms that provide for the need to notify persons whose information has been seized for use by third parties and establishing legal liability for their failure to notify.
Keywords: information security, legal regulation, administrative and legal support, problems of ensuring information security, legal liability.
Article bibliography
1. Archakov V. Yu. On theoretical and applied approaches to legal regulation of information security in the Republic of Belarus // Journal of the Belarusian State University. Law. – 2019. – No. 3. – P. 22-31
2. Veprentseva T. A. Actual problems of legal support of information security of the Russian Federation // National security / Nota Bene. – 2022. – No. 2. – P. 59- 73.
3. Voronina I. A. Ensuring information security in the Russian Federation: problems of legislative regulation // Legal sciences, the rule of law and modern legislation: collection of articles of the VI International scientific and practical conference. – Penza: Science and Education, 2019 . – P. 123-129.
ADMINISTRATIVE LAW
SOLOVJEVA Svetlana Vladimirovna
Ph.D. in Law, associate professor, associate professor of Administrative and financial law sub-faculty of the North Caucasus branch of the Russian State University of Justice, Krasnodar
ISSUES OF EXERCISING THE POWERS OF PUBLIC AUTHORITIES TO ENSURE FINANCIAL SECURITY
The purpose of the presented research is to examine the powers of public authorities in the field of financial security.
To achieve this goal by applying the method of comparative analysis, the tasks are set to analyze the concepts of “financial security”, “economic security”, “national security” in relation to the powers exercised by public authorities in the field of financial security.
As a result of the study, it is shown that public authorities to ensure financial security exercise their powers narrowly only in a certain area and through a mechanism established by law, generally determining the stability of the financial system.
Keywords: economic security, financial security, financial system, legal regulation, powers of public authorities.
Article bibliography
1. Povetkina N. A. Budgetary- legal instruments for increasing the efficiency of public administration // Legal Science and Practice. – 2018. – No. 4. – P. 240-245.
2. Khabrieva T. Ya. Legal problems of financial security of Russia // Bulletin of Economic Justice of the Russian Federation.– 2016. – No. 10. – P. 45-54.
3. Elizarova V. V. Place and role of financial security in the system of ensuring economic security of Russia // Economy, statistics and informatics. – 2015. – No. 2. – P. 45-48.
4. Senchagov V.K. Ensuring financial security of Russia in the context of globalization // Bulletin of the Russian Academy of Natural Sciences. – 2011. – No. 3. – P. 14-19.
5 . Vasilyeva L. P. Economic security: definitions and essence // Journal of Applied Research. – 2020. – No. 3. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ekonomicheskaya-bezopasnost-opredeleniya-i-suschnost (date of access: 13.07.2024).
6. Kudryashova E. V. Financial security in the hierarchy of strategic goals planning in the Russian Federation // Law. Journal of the Higher School of Economics. – 2019. – No. 2. – P. 124-13.
7. Idrisov H. V. Financial security as one of the elements in the national security system of Russia // Current issues of state and law. – 2021. – Vol. 5. No. 20. – P. 809-816.
8. Sattarova N. A., Shokhin S. O. Certain issues of public administration in the sphere of financial security // Bulletin of Perm University. Legal sciences. – 2018. – Issue. 40. – P. 167-185.
9. Masnikova K. O., Saadulaeva T. A. Government bodies as institutions for ensuring the financial security of the state // Scientific online journal “Stolypin Bulletin”. – 2022. – No. 1. – P. 736-743.
10. Gorokhova S. S. Sustainable development of the national financial system as a factor in ensuring the economic security of the Russian Federation // Banking law. – 2019. – No. 3. – P. 38-44.
ADMINISTRATIVE LAW
SYSOLETINA Oksana Georgievna
adjunct of the Management Academy of the MIA of Russia
ON THE ASPECTS OF REGULATING THE PROCESSES OF EXTERNAL MIGRATION RELATED TO ASSIST VOLUNTARY RESETTLEMENT TO THE RUSSIAN FEDERATION OF COMPATRIOTS LIVING ABROAD
The article studies the development of regulation of the processes of external migration related to the assist voluntary resettlement of compatriots living abroad to the Russian Federation. Based on the analysis, the characteristic features and originality of each of its periods of this. Based on the results of the study, the stages of the resettlement process were established, highlighting the features of each period.
Keywords: development, assistance, compatriots, voluntary resettlement, the State program, stage
Article bibliography
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2. Klyuchevsky V. O. Course in Russian History. Complete edition in one volume. Moscow: “ALFA-KNIGA Publishing House”, 2019. 1197 p.: ill. – (Complete edition in one volume).
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4. Sibagatulina E. T. Legal regulation of migration processes in the history of domestic legislation // Migration law, 2010. No. 3. Pp. 16-18.
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9. Fumm A. M. Administrative and legal status of foreigners in Russia in the 18th century // History of the state and law. 2013. No. 3. P. 54-59.
10. Decrees of December 26, 1796 “On the supervision of foreigners arriving in Moscow and staying there” and “On the supervision of foreigners passing from foreign lands to both capitals or into the empire.”
11. Varadinov N. V. History of the Ministry of Internal Affairs. Part 1 – 3. St. Petersburg, 1858 – 1859. P. 109.
12. Zherebtsov A. N., Malyshev E. A. Migration law of Russia: a textbook for bachelor’s, specialist and master’s degrees / Ed. A. N. Zherebtsov. M.:, 2021. 611 p.
13. Kireev M.P., Litvinov N.D., Khabibulin A.G. Forced migration of the population as a form of revolutionary violence of the Soviet government // Migration Law. 2022. No. 4. P. 3-15.
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15. Agreement of December 8, 1991 “On the creation of the Commonwealth of Independent States”, ratified by the Resolution of the Supreme Soviet of the Russian Federation of December 12, 1991 No. 2014-1 “On ratification of the Agreement on the creation of the Commonwealth of Independent States”, “Vedomosti SND i Supreme Soviet of the Russian Federation”, 12/19/1991. No. 51. Art. 1798.
16. Agreement between the Government of the Russian Federation and the Government of the Republic of Tajikistan on the regulation of the resettlement process and the protection of the rights of settlers (Dushanbe, October 10, 1992). Ratified by the Federal Law of the Russian Federation of November 25, 1994 No. 45-FZ, Collected Legislation of the Russian Federation, 1994, No. 31. Art. 3196. [Electronic resource]. – Access mode: https://docs.cntd.ru/document/901756592.
17. Agreement between the Government of the Russian Federation and the Government of Turkmenistan on the regulation of the resettlement process and the protection of the rights of settlers (Ashgabat, December 22, 1993). Ratified by the Federal Law of the Russian Federation of November 25, 1994 No. 45-FZ. Collected Legislation of the Russian Federation. 1994. No. 31. Art. 3196. [Electronic resource]. – Access mode: https://docs.cntd.ru/document/1900427.
18. Agreement between the Government of the Russian Federation and the Government of the Republic of Latvia on the regulation of the resettlement process and the protection of the rights of resettlers (Moscow,June 2, 1993). Ratified by the Federal Law of the Russian Federation of November 22, 1994, No. 38-FZ. Collected Legislation of the Russian Federation. 1994. No. 31. Art. 3189. [Electronic resource]. – Access mode: https://docs.cntd.ru/document/901729811.
19. Agreement between the Government of the Russian Federation and the Government of the Republic of Estonia on the regulation of the resettlement process and the protection of the rights of resettlers (Moscow, October 5, 1993). Ratified by the Federal Law of the Russian Federation of November 22, 1994, No. 39-FZ. Collected Legislation of the Russian Federation. 1994. No. 31. Art. 3190.
20. Agreement between the Government of the Russian Federation and the Government of the Republic of Georgia on the regulation of the resettlement process and the protection of the rights of settlers (Tbilisi, October 3, 1994). Ratified by the Federal Law of the Russian Federation of November 25, 1994, No. 43-FZ. SZ RF. 1994. No. 31. Art. 3194. [Electronic resource]. – Access mode: https://docs.cntd.ru/document/901756594.
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27. Resolution of the Government of the Russian Federation of January 4, 2000 No. 8 “On the signing of the Protocol between the Government of the Russian Federation and the Government of the Republic of Latvia on the extension of the Agreement between the Government of the Russian Federation and the Government of the Republic of Latvia on the regulation of the resettlement process and the protection of the rights of settlers.” Collected Legislation of the Russian Federation. 2000. No. 3. Art. 291.
28. Order of the Government of the Russian Federation of July 16, 2005 No. 1017-r “On signing the Protocol between the Government of the Russian Federation and the Government of the Republic of Latvia on extending the term of the Agreement between the Government of the Russian Federation and the Government of the Republic of Latvia on regulating the resettlement process and protecting the rights of resettlers of June 2, 1993”. Collected Legislation of the Russian Federation. 2005. No. 30 (Part II). Art. 3188.
29. Resolution of the Government of the Russian Federation of June 20, 2000 No. 470 “On signing the Protocol between the Russian Federation and Turkmenistan on amending the Agreement between the Russian Federation and Turkmenistan on regulating the resettlement process and protecting the rights of resettlers of December 23, 1993 and extending its term”. Collected Legislation of the Russian Federation. 2000. No. 26. Art. 2781.
30. Resolution of the Government of the Russian Federation of June 26, 1995 No. 607 “On the Establishment of Representative Offices of the Federal Migration Service of Russia at the Embassies of the Russian Federation Abroad.” Collected Legislation of the Russian Federation. 1995. No. 27. Art. 2578.
31. Decree of the President of the Russian Federation of August 11, 1994 No. 1681 “On the Main Directions of the State Policy of the Russian Federation Regarding Compatriots Living Abroad.” Collected Legislation of the Russian Federation. 1994. No. 16. Art. 1888.
32. Resolution of the Government of the Russian Federation of August 31, 1994 No. 1064 “On Measures to Support Compatriots Abroad.” Collected Legislation of the Russian Federation. 1994. No. 21. Art. 2388.
33. Resolution of the Government of the Russian Federation of May 17, 1996 No. 590 “On the program of measures to support compatriots abroad.” Collected Legislation of the Russian Federation. 1996. No. 21. Art. 2516.
34. Resolution of the State Duma of the Federal Assembly of the Russian Federation of December 8, 1995 No. 1476-I GD “On the Declaration on Support for the Russian Diaspora and Patronage of Russian Compatriots.” Collected Legislation of the Russian Federation. 1995. No. 52. Art. 5131.
35. Federal Law of May 24,1999, No. 99-FZ “On the State Policy of the Russian Federation Regarding Compatriots Abroad.” Collected Legislation of the Russian Federation. 1999. No. 22. Art. 2670.
36. Decree of the President of the Russian Federation of June 22, 2006, No. 637 “On Measures to Assist the Voluntary Resettlement to the Russian Federation of Compatriots Living Abroad.” Collected Legislation of the Russian Federation. 2006. No. 26. Art. 2820.
37. Resolution of the Government of the Russian Federation of June 25, 2007, No. 403 “On the Organization of Work with Compatriots Living Abroad and Wishing to Voluntarily Resettle to the Russian Federation.” Collected Legislation of the Russian Federation. 2007. No. 27. Art. 3290.
38. Order of the FMS of Russia dated August 2, 2007 No. 165 “On approval of the Instructions for working with participants in the State Program for Assistance to the Voluntary Resettlement of Compatriots Living Abroad to the Russian Federation and Members of Their Families in the Territorial Body of the Federal Migration Service” // Rossiyskaya Gazeta. No. 182. August 21, 2007.
39. Order of the FMS of Russia dated August 2, 2007 No. 164 “On approval of the Procedure for sending information during the implementation of the State Program for Assistance to the Voluntary Resettlement of Compatriots Living Abroad to the Russian Federation” // Rossiyskaya Gazeta. № 182. 21.08.2007.
40. Federal Law of 18 July 2006 № 110-FZ “On Amendments to the Federal Law “On the Legal Status of Foreign Citizens in the Russian Federation” and on Recognizing as Invalid Certain Provisions of the Federal Law “On Amendments and Additions to Certain Legislative Acts of the Russian Federation”. Collected Legislation of the Russian Federation. 2006. № 30. Art. 3286.
41. Federal Law of 1 October 2008 № 163-FZ “On Amendments to Article 14 of the Federal Law “On Citizenship of the Russian Federation”. Collected Legislation of the Russian Federation. 2008. № 40. Art. 4498.
42. RF Government Resolution of March 3, 2007 No. 142 “On Amending the Regulation on the Application of Uniform Rates of Customs Duties and Taxes in Respect of Goods Moved Across the Customs Border of the Russian Federation by Individuals for Personal Use, Approved by RF Government Resolution of November 29, 2003 No. 718” // Rossiyskaya Gazeta. March 10, 2007.
43. RF Government Resolution of June 5, 2007 No. 347 “On Information Support for the State Program for Assistance to the Voluntary Resettlement of Compatriots Living Abroad to the Russian Federation”. Collected Legislation of the Russian Federation. 2007. No. 24. Art. 2917.
44. Order of the Government of the Russian Federation of August 24, 2006 No. 1172-r “On approval of the Model program of a constituent entity of the Russian Federation to assist the voluntary resettlement to the Russian Federation of compatriots living abroad.” Collected Legislation of the Russian Federation. 2006. No. 35. Art. 3788.
45. Resolution of the Government of the Russian Federation of December 7, 2006 No. 751 “On approval of the draft program of a constituent entity of the Russian Federation to assist the voluntary resettlement to the Russian Federation of compatriots living abroad.” Collected Legislation of the Russian Federation. 2006. No. 50. Art. 5355.
46. RF Government Resolution of 15 January 2007 No. 7 “On the Procedure for Paying a One-Time Allowance for Settling in to Participants in the State Program to Assist the Voluntary Resettlement to the Russian Federation of Compatriots Living Abroad and Their Family Members.” Collected Legislation of the Russian Federation. 2007. No. 3. Art. 453.
47. RF Government Resolution of 15 January 2007 No. 8 “On the Procedure for Paying a Monthly Allowance in the Absence of Income to Participants in the State Program to Assist the Voluntary Resettlement to the Russian Federation of Compatriots Living Abroad and Their Family Members.” Collected Legislation of the Russian Federation. 2007. No. 3. Art. 454.
48. RF Government Resolution of 10 March 2007 No. 150 “On the Procedure for Paying Compensation for Expenses Related to Moving to a Future Place of Residence for Participants in the State Program to Assist Voluntary Resettlement to the Russian Federation of Compatriots Living Abroad and Their Family Members”, Collected Legislation of the Russian Federation. 2007. No. 12. Art. 1415.
49. RF Government Resolution of 10 January 2007 No. 1 “On the Compensation Package for a Participant in the State Program to Assist Voluntary Resettlement to the Russian Federation of Compatriots Living Abroad”. Collected Legislation of the Russian Federation. 2007. No. 3. Art. 447.
50. Order of the Federal Migration Service of Russia dated July 4, 2007 No. 145 “On approval of the Instructions for organizing work on payments to participants in the State Program for Assistance to the Voluntary Resettlement of Compatriots Living Abroad to the Russian Federation and to members of their families of a one-time allowance for settlement and a monthly allowance in the absence of income from labor, entrepreneurial and other activities” // Rossiyskaya Gazeta. No. 165. 01.08.2007.
51. Order of the Federal Migration Service of Russia dated July 4, 2007 No. 144 “On compensation of transportation expenses to participants in the State Program for Assistance to the Voluntary Resettlement of Compatriots Living Abroad to the Russian Federation” // Rossiyskaya Gazeta. No. 165. 01.08.2007.
52. OrderFMS of Russia from December 24, 2008 No. 407 “On compensation to participants of the State program for assisting voluntary resettlement to the Russian Federation of compatriots living abroad and members of their families for the costs of paying state fees for the execution of documents determining the legal status of migrants on the territory of the Russian Federation” // Rossiyskaya Gazeta. No. 17. 04.02.2009.
53. Decree of the President of the Russian Federation from March 3, 2008 No. 301 “On representative offices and representatives of the Federal Migration Service abroad”. Collected Legislation of the Russian Federation. 2008. No. 10 (part 2). Art. 906.
54. Decree of the President of the Russian Federation of January 12, 2010 No. 60 “On Amendments to the State Program for Assistance to the Voluntary Resettlement of Compatriots Living Abroad to the Russian Federation and to the Action Plan for the Implementation of the State Program for Assistance to the Voluntary Resettlement of Compatriots Living Abroad to the Russian Federation, Approved by Decree of the President of the Russian Federation of June 22, 2006 No. 637”. Collected Legislation of the Russian Federation. 2010. No. 3. Art. 275.
55. RF Government Resolution of July 15, 2010 No. 528 “On the organization of work on the territory of the Russian Federation with compatriots wishing to take part in the State Program to assist voluntary resettlement to the Russian Federation of compatriots living abroad, and on amendments to the RF Government Resolution of December 28, 2006 No. 817”. Collected Legislation of the Russian Federation. 2010. No. 30. Art. 4101.
56. Order of the FMS of Russia of August 20, 2010 No. 256 “On amendments to the regulatory legal acts of the FMS of Russia” // Rossiyskaya Gazeta. № 216. 09.24.2010.
57. Order of the FMS of Russia dated August 20, 2010 № 256 “On Amendments to the Regulatory Legal Acts of the FMS of Russia” // Rossiyskaya Gazeta. № 216. 09.24.2010.
58. Monitoring the implementation of the State Program for 2011. [Electronic resource]. – Access mode: https://мвд.рф/upload/site1/document_file/Monitoring_realizacii_Gosudarstvennoy_programmy_za_2011_god.pdf (date accessed: 08.20.2024).
59. Monitoring the implementation of the State Program for the IV quarter of 2012. [Electronic resource]. – Access mode: https://мвд.рф/upload/site1/document_file/onitoring_realizacii_Gosudarstvennoy_programmy_za_IV_kvartal_2012_goda.pdf (date accessed: 20.08.2024).
60. Decree of the President of the Russian Federation of September 14, 2012 No. 1289 “On the implementation of the State program to assist the voluntary resettlement of compatriots living abroad to the Russian Federation”. SZ RF. 2012. No. 38. Art. 5074.
61. Monitoring the implementation of the State program for the IV quarter of 2014. [Electronic resource]. – Access mode: https://мвд.рф/upload/site1/document_file/Monitoring_realizacii_Gosudarstvennoy_programmy_za_IV_kvartal_2014_goda.pdf (date accessed: 20.08.2024).
62. Resolution of the Government of the Russian Federation of September 18, 2013 No. 818 “On the procedure for approving the draft program of a constituent entity of the Russian Federation to assist the voluntary resettlement to the Russian Federation of compatriots living abroad.” SZ RF. 2013. No. 38. Art. 4830.
63. Order of the Government of the Russian Federation of December 27, 2012 No. 2570-r On approval of the standard program of a constituent entity of the Russian Federation for providing assistance to the voluntary resettlement of compatriots living abroad to the Russian Federation. Collected Legislation of the Russian Federation. 2013. No. 1. Art. 76.
64. Decree of the President of the Russian Federation of July 25, 2014 No. 531 “On Amendments to the State Program for Providing Assistance to the Voluntary Resettlement of Compatriots Living Abroad to the Russian Federation, Approved by Decree of the President of the Russian Federation of June 22, 2006 No. 637”. Collected Legislation of the Russian Federation. 2014. No. 30 (Part II). Art. 4288.
65. Decree of the President of the Russian Federation of September 27, 2016 No. 502 “On Amendments to the State Program for Assistance to the Voluntary Resettlement of Compatriots Living Abroad to the Russian Federation, Approved by Decree of the President of the Russian Federation of June 22, 2006 No. 637”. Collected Legislation of the Russian Federation. 2016. No. 40. Art. 5723.
66. Resolution of the Government of the Russian Federation of October 16, 2014 No. 1058 “On Amendments to the Rules for Approving the Draft Program of a Subject of the Russian Federation for Assistance to the Voluntary Resettlement of Compatriots Living Abroad to the Russian Federation”. Collected Legislation of the Russian Federation. 2014. No. 43. Art. 5896.
67. Decree of the President of the Russian Federation of December 19, 2014 No. 792 “On Amendments to the State Program for Assistance to the Voluntary Resettlement of Compatriots Living Abroad to the Russian Federation, Approved by Decree of the President of the Russian Federation of June 22, 2006 No. 637”. Collected Legislation of the Russian Federation. 2014. No. 51. Art. 7417.
68. Order of the FMS of Russia of October 10, 2014 No. 554 “On the Organization of the Activities of Territorial Bodies of the Federal Migration Service for Payments to Participants of the State Program for Assistance to the Voluntary Resettlement of Compatriots Living Abroad to the Russian Federation,living abroad, and members of their families of a monthly allowance in the absence of income from labor, entrepreneurial and other activities not prohibited by the legislation of the Russian Federation” // Rossiyskaya Gazeta. No. 275. 03.12.2014.
69. Order of the FMS of Russia dated October 10, 2014 No. 555 “On the organization of the activities of territorial bodies of the Federal Migration Service for the payment of benefits for the settlement of participants in the State Program for Assistance to the Voluntary Resettlement to the Russian Federation of Compatriots Living Abroad and Members of Their Families.” Rossiyskaya Gazeta. № 275. 03.12.2014.
70. Resolution of the Government of the Russian Federation of October 8, 2014 № 1032 “On the organization of work with compatriots permanently residing in the territory of Ukraine, the Donetsk People’s Republic, the Lugansk People’s Republic, who arrived in the territory of the Russian Federation in an emergency mass manner, who received temporary asylum in the Russian Federation and wish to take part in the State Program to assist the voluntary resettlement to the Russian Federation of compatriots living abroad.” Collected Legislation of the Russian Federation. 2014. № 42. Art. 5743.
71. Monitoring the implementation of the State Program for the first quarter of 2016. [Electronic resource]. – Access mode: https://мвд.рф/upload/site1/document_file/Monitoring_realizacii_Gosudarstvennoy_programmy_za_I_kvartal_2016_goda.pdf (date accessed: 25.08.2024).
72. Decree of the President of the Russian Federation of April 5, 2016 No. 156 “On improving public administration in the field of control over the circulation of narcotic drugs, psychotropic substances and their precursors and in the field of migration”. SZ RF. 2016. No. 15. Art. 2071.
73. Decree of the President of the Russian Federation of May 12, 2020 No. 322 “On certain issues of the implementation of the State Program to assist the voluntary resettlement of compatriots living abroad to the Russian Federation”. SZ RF. 2020. No. 20. Art. 3159.
74. Resolution of the Government of the Russian Federation of December 31, 2020 No. 2443 (as amended on March 31, 2021) “On Amendments to Certain Acts of the Government of the Russian Federation”. Collected Legislation of the Russian Federation. 2021. No. 3. Art. 576.
75. Decree of the President of the Russian Federation of March 24, 2021 No. 166 “On Amendments to the State Program for Assistance to the Voluntary Resettlement of Compatriots Living Abroad to the Russian Federation, Approved by Decree of the President of the Russian Federation of June 22, 2006 No. 637”. Collected Legislation of the Russian Federation. 2021. No. 13 (Part I). Art. 2208.
76. Resolution of the Government of the Russian Federation of October 15, 2021 No. 1757 “On Amendments to Certain Acts of the Government of the Russian Federation and Recognizing as Invalid Certain Provisions of Certain Acts of the Government of the Russian Federation”. Collected Legislation of the Russian Federation. 2021. No. 43. Art. 7255.
77. Federal Law of December 27, 2018 No. 544-FZ “On Amendments to the Federal Law “On Citizenship of the Russian Federation”. Collected Legislation of the Russian Federation. 2018. No. 53 (Part I). Art. 8470.
78. Federal Law of April 28, 2023 No. 138-FZ “On Citizenship of the Russian Federation”. Collected Legislation of the Russian Federation. 2023. No. 18. Art. 3215.
79. Federal Law of June 8, 2020 No. 182-FZ “On Amendments to the Federal Law “On Migration Registration of Foreign Citizens and Stateless Persons in the Russian Federation”. SZ RF. 2020. No. 24. Art. 3756.
80. Decree of the President of the Russian Federation of August 12, 2022 No. 547 “On Amendments to the State Program for Assistance to the Voluntary Resettlement of Compatriots Living Abroad to the Russian Federation, Approved by Decree of the President of the Russian Federation of June 22, 2006 No. 637”. SZ RF. 2022. No. 33. Art. 5893.
81. Decree of the President of the Russian Federation of November 22, 2023 No. 872 “On Amendments to the State Program for Assisting the Voluntary Resettlement to the Russian Federation of Compatriots Living Abroad, Approved by Decree of the President of the Russian Federation of June 22, 2006 No. 637”. Collected Legislation of the Russian Federation. 2023. No. 48. Art. 8545.
82. Monitoring the Implementation of the State Program for the First Quarter of 2020. [Electronic resource]. – Access mode: https://мвд.рф/mvd/structure1/Glavnie_upravlenija/guvm/compatriots/monitoring/2020 (date accessed: 25.08.2024).
83. Resolution of the Government of the Russian Federation of November 26, 2020 No. 1937 “On approval of the Rules for the collection from participants in the State Program for Assistance to the Voluntary Resettlement of Compatriots Living Abroad and (or) Members of Their Families to the Russian Federation of expenses incurred by the state in connection with the provision of state guarantees and social support to them, and on the recognition of certain provisions of certain acts of the Government of the Russian Federation as invalid.” SZ RF. 2020. No. 49. Art. 7911.
ADMINISTRATIVE LAW
SHAGALKINA Nataliya Vladimirovna
postgraduate student of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation, lawyer
ADMINISTRATIVE PROCEEDINGS: MODERN PROBLEMS OF STRUCTURING
The article outlines the current problems of formation and development of administrative proceedings. The structure of administrative proceedings is considered using the rules of formal logic, postulates of correct thinking. Administrative proceedings as a legal concept are subject to a logical operation of division, which reveals the existing specificity, some discrepancy with the clearly constructed and assumed structure. The conclusions are aimed at attracting the attention of the scientific and professional contingent to the proper elaboration of types of legal concepts, specific grounds and criteria for structuring both the terms themselves and the subsequent adopted and implemented legal norms.
Keywords : administrative proceedings, structure of administrative proceedings, system of proceedings, types of proceedings.
Article bibliographic list
1. Zelentsov A. B., Kononov P. I. , Stakhov A. I. Administrative process as a type of legal process: modern problems of understanding and normative-legal regulation // Bulletin of St. Petersburg University. Law. – 2018. – V. 9. No. 4. – P. 501-521. br> 2. Kass K. G. Normative regulation of the processes of legal education of citizens as the basis for guaranteeing their rights // Modern science: current problems of theory and practice. Series: Economics and law. – 2023. – No. 11. – P. 134-137.
3. Martynov A. V. Concept and essence of administrative proceedings in the Russian Federation // Bulletin of the Nizhny Novgorod University named after N. I. Lobachevsky. – 2015. – No. 5-6. – P. 273-281.
4. Rozhdestvenskaya T. E., Guznov A. G. Features of the legal status of the financial ombudsman // Bulletin of the O. E. Kutafin University (MSAL). – 2018. – № 10 (50). – P. 45-54.
5. Starilov Yu. N. “Managerial” and “judicial” concepts of administrative process: development, modern significance and interaction // Bulletin of the Voronezh State University. Series: Law . – 2006. – No. 1 (1). – P. 11-14.
6. Kashanina T. V. Structure of Law: monograph. – Moscow: Prospect, 2022. – 584 p.
7. Kirillov V. I., Orlov G. A., Fokina N. I. Exercises in logic: a tutorial / Ed. by V. I. Kirillov. – 6th ed., revised and enlarged. – Moscow: RG-Press, 2020. – 184 p.
8. Demidov I. V. Logic: Textbook for bachelors / Ed. by Prof. B. I. Kaverin. – 9th ed. – M.: Publishing and trading corporation “Dashkov and K”, 2020. – 346 p.
9. Lopatnikov L.I. Economic and mathematical dictionary: Dictionary of modern economic science. – 5th ed., revised. and additional – M.: Delo, 2003. – 520 p.
10. Philosophical Encyclopedic Dictionary (1983) Chief editor: L. F. Ilyichev, P. N. Fedoseev, S. M. Kovalev, V. G. Panov, 1983. [Electronic resource]. – Access mode: http://philosophy.niv.ru
ADMINISTRATIVE LAW
SHAMRIN Maxim Yurjevich
Ph.D. in Law, associate professor of Administrative law and process sub-faculty of the O. E. Kutafin Moscow State Law University (MSAL)
GALKINA Marina Vladimirovna
Ph.D. in Law, associate professor, professor of Administrative law and process sub-faculty of the O. E. Kutafin Moscow State Law University (MSAL)
THE ROLE OF BLOCKCHAIN IN PUBLIC MANAGEMENT OF AGRICULTURE
The study is dedicated to the most important revolutionary “blockchain” technology, the application of which in public administration will contribute to the improvement of all spheres of the government life. The authors analyze the role of blockchain in agriculture. The aim of the study is to form an understanding of the need for rapid implementation of blockchain technology in various areas of public administration, primarily in agriculture. Methods: logical method, analysis, comparative legal method. The necessity of using blockchain in agriculture has been proven, as it will contribute to improving the situation, particularly in ensuring the authenticity of agricultural products, as well as in reducing costs for the development of the agro-industrial complex and in ensuring security when carried out various transactions in the sale of agricultural products and their promotion on the global market. It is concluded that blockchain holds the greatest potential in solving problems related to the circulation of agricultural products, as its application allows for tracking all stages of production, processing, and delivery of products to the consumer. Thus, with a competent approach and consideration of all factors, the use of blockchain can become a catalyst for qualitative changes in the structure of Russian exports and contribute to strengthening the position of domestic producers in the international arena.
Keywords: blockchain technology, public administration, agriculture, cryptocurrency, decentralization
Article bibliography
1. Frolova E. E. Innovative instruments and new financial institutions in the field of “green” financing // Eurasian Law Journal. – 2020. – No. 12 (151). – P. 33-37.
2. Shamrin M. Yu., Galkina M. V. The role of blockchain in improving public administration // RUDN Journal of Law. – 2023. – Vol. 27. No. 4. – P. 956-968.
3. Yastrebov O. A. Artificial intelligence in the legal space: discussion and development prospects // Transformation of models of legal regulation of innovative infrastructure objects in modern law: Russian and foreign experience: monograph. – M.: Prospekt, 2021. – P. 278-309.
4. Frolova E. E. & Ermakova E. P. Legal regulation of digital financing in Russia and foreign countries // Advances in Research on Russian Business and Management. – 2022. – P. 309-322.
5. Peng T. Tencent Builds Blockchain Platform for China’s Oldest Wine Producer. [Electronic resource]. – Access mode: https://cointelegraph.com/news/tencent-builds-blockchain-platform-for-chinas-oldest-wine-producer (access date: 08/23/2024).
6. Rusakova E. P., Frolova E. E., Gorbacheva A. & Kupchina E. V. Implementation of the smart-contract construction in the legal system of Russia. 6th International Conference on Education, Social Sciences and Humanities. – 2019. – P. 748-753.
7. Rusakova E. P., Frolova E. E., Gorbacheva A. I. Digital rights as a new object of civil rights: issues of substantive and procedural law. Advances in Intelligent Systems and Computing. – 2020. – (1100). – P. 665-673.
8. Rusakova E. P., Frolova E. E. Digital disputes in the new legal reality // RUDN Journal of Law. – 2022. – No. 26 (3). – P. 695-704.
MUNICIPAL LAW
PRIVALOVA Ekaterina Alexeevna
postgraduate student of the Faculty of Law of the Mari State University, Yoshkar-Ola
ON THE INTERACTION OF LOCAL SELF-GOVERNMENT BODIES WITH THE POPULATION AND PUBLIC INSTITUTIONS IN THE FIELD OF CONTROL ACTIVITIES
The article examines such aspects of the topic as the effectiveness of public control over the activities of municipal bodies, issues of increasing the involvement of civil society in the development of local self-government, detailing the subject of public control, issues of improving the legal regulation of the participation of representatives of civil society in the implementation of local self-government. It has been established that for effective interaction of local self-government bodies with the population, the legislator needs to make a number of amendments to Federal Law No. 212-FZ dated July 21, 2014 “On the Basics of Public Control in the Russian Federation.” The author also substantiates the need to strengthen the position of the institution of municipal public control, increase the openness and accessibility of decisions taken at the local level.
Keywords: public control, municipality, local government bodies, public associations, digital platforms, local community, population.
Article bibliography
1. Avakyan S. A. On the effectiveness of public control in the Russian Federation // Problems of implementing public control at the level of local government: collection of materials from the international scientific and practical conference, September 26-27, 2016. – Yoshkar-Ola: OOO “Vertola”, 2016. – P. 7-10.
2. Lisina N. S. Digital transformation and public control: prospects for influence // Actual problems of Russian law. – 2022. – Vol. 17. No. 6 (139). – P. 32-40.
3. Ministry of Internal Policy, Development of Local Self-Government and Justice of the Republic of Mari El. Official website. [Electronic resource]. – Access mode: mari-el.gov.ru (date of access: 19.09. 2024).
5. Mikheeva T. N. Public control: “second wind” (on the 10th anniversary of the adoption of the Federal Law “On the Fundamentals of Public Control in the Russian Federation”) // Civil Society in Russia and Abroad. – 2024. – No. 3. – P. 26-30.
7. Mikheeva T. N., Yaichnikova Yu. S. Public chambers of the constituent entities of the Russian Federation: new trends and prospects // Legal world. 2015. – No. 1. – P. 18-21.
CIVIL LAW
GALIMBEKOVA Dana Ayratovna
specialist in support of the state program of the Federal State Budgetary Institution “All-Russian Scientific Research Institute of Radioelectronics” (Graduate of the A. N. Kosygin Russian State University, Maimonides Academy of Sciences)
MECHANISMS FOR ENSURING AND PROTECTING INDIVIDUAL RIGHTS IN RELATIONS WITH THE USE OF AI
In the article, the author defines the main mechanisms for protecting individual rights using artificial intelligence (AI). Proves the evidence of the need to develop modern legislation in relation to AI. The method of legal analysiss is used in the work. The article is based on a rich source material. As a result of the research, the author comes to the conclusion about the imperfection of legal mechanisms both in Russia and in foreign practice, about the need to introduce international standards in the legal regulation of relations with AI.
Keywords: artificial intelligence, units, beneficiaries, discrimination, certification, ethical and legal mechanisms.
Article bibliography
1. Morhat P. M. “Legal personality of artificial intelligence in the field of intellectual property law: civil law problems”: Dis. … Doctor of Law: 12.00.03; Scientific Consultant Ponkin I. V.; FGBO RGAIS. Moscow, 2018. 420 p.
2. Cherdantsev A. F. Integrative misunderstanding of law // Journal of Russian Law. 2016. No. 10. P. 12-13.
CIVIL LAW
DREVAL Lyudmila Nikolaevna
Ph.D. in Law, professor of the Institute of Law of the Pacific National University, Khabarovsk
GLUSHIN Dmitriy Yaroslavovich
student of the Institute of Law of the Pacific National University, Khabarovsk
KANAKAEVA Karina Vladimirovna
student of the Institute of Law of the Pacific National University, Khabarovsk
LEGAL REGULATION OF POSTHUMOUS DONATION IN THE RUSSIAN FEDERATION: SOME ASPECTS
The article attempts to consider donation as an object of legal regulation. Some problems in this area of public relations have been investigated, for example, those related to obtaining consent for organ removal during posthumous donation, creating a database (donors and recipients), and the formation of special services (including trained surgical teams). The authors formulate proposals aimed at improving the current situation. Entities of the principles of donation, their functions were also considered, as well as a conclusion was formulated about the special role of the principles of legal regulation of posthumous donation for law enforcement practice. These proposals should significantly simplify the procedure for posthumous donation.
Keywords: legal regulation, problem, legislator, posthumous donation, organ and tissue transplantation, specialist, healthcare, presumption of consent, verification, court, judicial proceedings, registry, personal data.
Article bibliography
1. Federal Law “On burial and funeral business” of 12.01.1996 No. 8-FZ (latest revision) January 12, 1996 No. 8-FZ.
2. Law of the Russian Federation “On transplantation of organs and (or) human tissues” of 22.12.1992 No. 4180-1 (latest revision).
3. Definition of the Constitutional Court of the Russian Federation of 04.12.2003 No. 459-O “On refusal to accept for consideration the request of the Saratov Regional Court to verify the constitutionality of Article 8 of the Law of the Russian Federation “On the transplantation of organs and (or) human tissues”.
4. Order of the Ministry of Health No. 738n, RAS No. 3 dated 11/10/2022 “On approval of the list of medical organizations that collect, procure and transplant human organs and (or) tissues”.
CIVIL LAW
ZHILENKOVA Tatyana Valerjevna
associate professor of Civil law sub-faculty of the East Siberian Branch of the Russian State University of Justice, Irkutsk
PECULIARITIES OF DETERMINING THE AMOUNT OF COMPENSATION FOR VIOLATION OF THE EXCLUSIVE RIGHT TO GEOGRAPHICAL INDICATIONS
The article is devoted to the study of the material and procedural aspects of the influence of the construction of the exclusive right to geographical indications on the recovery of compensation in case of violation of the interests of copyright holders. The author draws attention to the fact that in the conditions of a plurality of autonomous copyright holders and the inadmissibility of artificial multiplication of liability, the algorithm for determining the amount of compensation for violation of the exclusive right to geographical indications acquires significant differences from a similar algorithm when deciding on the recovery of compensation in favor of a single copyright holder.
Based on the analysis of legislation, materials of judicial practice, scientific literature, a conclusion is made about a two-stage process of determining the amount of compensation for violation of the exclusive right to geographical indications. The author proposes an approach to determining the share of the plaintiff-copyright holder.
Keywords: geographical indications, exclusive right to geographical indications, plurality of rights holders, protection of the exclusive right to geographical indications, compensation for violation of the exclusive right to geographical indications, liability for violation of the exclusiveright to geographical indications.
Article bibliographic list
1. Commentary on Part Four of the Civil Code of the Russian Federation (chapter-by-chapter) / Ed. by A. L. Makovsky. – M .: “Statut”, 2008. – 715 p., SPS Consultant Plus.
2. Labzin M. V. Ownership of the exclusive right to the same object by different persons // Patents and licenses. – 2008. – No. 4. – P. 35-42.
3. Polozova D. Quasi-exclusive right as an intellectual right // Intellectual property. Copyright and related rights. – 2016. – No. 5. – P. 11-18. [Electronic resource]. – Access mode: https://www.elibrary.ru/download/elibrary_25829429_64876382.pdf.
4. Ryazantseva M. V., Turkina A. E. Certain issues of application of compensation for violation of rights to names of places of origin of goods and geographical indications // Journal of the Court on Intellectual Property Rights. – 2021. – No. 4 (34). – P. 34-40. [Electronic resource]. – Access mode: http://ipcmagazine.ru/legal-issues/selected-issues-of-application-of-compensation-for-infringement-of-rights-to-appellations-of-origin-and-geographical-indications.
CIVIL LAW
KOZHAHMETOVA D ina Anvarovna
LTD “Legal company “People’s law””, general director
SOME PROBLEMS OF NEW OBJECTS OF CIVIL RIGHTS IN THE LEGISLATION OF THE KYRGYZ REPUBLIC
The article discusses issues related to the emergence of the so-called new or non-traditional objects of civil rights. The author proposes his own approach to the classification of such objects into pre-existing objects that did not have the attributes of an object, and into newly created objects that appeared due to scientific and technological progress. The author notes that in the legislation of the Kyrgyz Republic, certain objects receive a corresponding normative consolidation, and this often happens within the framework of public law. The author examines the existing list of objects of civil rights, conducts a comparative study of objects involved in civil circulation in other countries, concludes that it is necessary to improve the regulatory framework of the legal regime of one or another object. The article notes that the constant emergence of new objects of civil rights is a phenomenon of legal reality, due to changing socio-economic conditions.
Keywords: an object; right; new object; unconventional object; classification; animals; energy; waste.
Article bibliographic list
1. Fishing E. A. Animals in the system of objects of civil rights [Text] // Gaps in Russian legislation. – 2018. – No. 3. – P. 162-164.
2. Merenkov S. Energy as an object of civil rights [Text] // Territory of Science. – 2014. – No. 1. – P. 190-194.
3. Petrovsky N. M., Mazurova L. I., Korchagin A. G. Cryptocurrency and current problems of objects of civil rights [Text] // Theology. Philosophy. Law. – 2018. – No. 5. – P. 18-26.
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
THE IMPORTANCE OF THE PRINCIPLES OF CIVIL LAW IN THE APPLICATION OF LAW BY ANALOGY AND LAW
The article discusses the role and significance of the principles of civil law in the application of law by analogy and law. Based on such features as interdependence and interconnectedness, it is concluded that it is necessary to use these institutions in judicial practice through the prism of moral and ethical principles that provide freedom of interpretation, which does not contribute to uniform practice in dispute resolution. A recommendation is given on the possibility of updating the Plenum of the Supreme Court of the Russian Federation No. 25 dated June 23, 2015 “On the application by Courts of certain Provisions of Section I of Part One of the Civil Code of the Russian Federation”.
Keywords: principles of law, analogy of law, analogy of law, civil relations
Article bibliographic list
1. Civil Procedure: Textbook. 2nd ed., revised and enlarged. / Ed. by M.K. Treushnikov. – M .: OJSC “Gorodets Publishing House”, 2007.
2. Lavdarenko L.I., Rudykh S.N. Principles of Law and Their System // Actual Problems of Russian Law. – 2018. – No. 10 (95).
3. Voplenko N.N. Mechanism for Forming Ideas about Legal Justice // Legal Concept. -2012. – No. 2.
4. Vronskaya M. V., Civil Law: textbook. – M.: Justice, 2022. – P. 303.
5. Lazarev V. V. Gaps in the Law and Ways to Eliminate Them: monograph. – repr. ed. – M.: Norma: INFRA-M, 2019.
6. Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation of April 27, 2010 N 67/10 // SPS Garant [Electronic resource].
7. Principles of thecivil law and their implementation / Ed. by G. S. Demidova, T. P. Podshivalov. – M .: Prospect, 2017 .– 352 p.
8. Decision of the Pervomaisky District Court of Vladivostok dated July 30, 2021 in case No. 2-2047/21 // SPS Garant. [Electronic resource].
CIVIL LAW
OVCHINNIKOV Sergey Nikolaevich
Ph.D. in Law, associate professor of Theory and history of state and law sub-faculty of the Law School of the Far Eastern Federal University, Vladivostok
THE CODE OF MERCHANT SHIPPING IN THE SYSTEM OF RUSSIAN LEGISLATION
The object of the study is the Code of Merchant Shipping (hereinafter referred to as the KTM of the Russian Federation) as the main legislative act of merchant shipping. The KTM of the Russian Federation entered into force on May 1, 1999, replacing the Code of Merchant Shipping of the USSR in 1968. Over the 25 years of its operation, it has undergone significant changes. The development and improvement of the KTM of the Russian Federation involves the study of its place in the system of Russian legislation, the analysis of its horizontal and vertical links. For this purpose, the correlation of the norms contained in the KTM of the Russian Federation with the norms of other federal codes and laws, with acts of lesser legal force, is considered. Determining the place of the KTM of the Russian Federation in the system of Russian legislation is also connected with the consideration of maritime law in the system of Russian law.
Within the framework of this scientific work, the position on the complex nature of the KTM of the Russian Federation as an act containing norms of various branches of law, primarily civil and administrative, was supported and additionally substantiated; the idea of publishing the Transport Code of the Russian Federation and the proposal to consider the KTM as an act of economic legislation were criticized; some problems of the correlation of the KTM of the Russian Federation with acts of federal executive authorities were identified regulating relations in the field of maritime law, in particular, in the field of the organization of state supervision of merchant shipping; the inconsistencies of the norms of the KTM of the Russian Federation with the norms of the Civil Code of the Russian Federation, in particular, concerning the mortgage of ships and conflict of laws, are indicated and options for their resolution are proposed.
Keywords: merchant shipping Code, Maritime Law, complex branch of legislation, the system of Russian legislation, consistency of legislation, civil legislation, the Civil Code of the Russian Federation, mortgage of marine vessels, Transport Code of the Russian Federation.
Article bibliographic list
1. Gutsulyak V. N. Actual problems of Russian maritime law, its current state and development trends // State and Law. – 2017. – No. 9. – P. 74-92.
2. Shirkevich E. A. Merchant Shipping Code as an act of economic legislation. In the collection: The Rule of Law: Man in the State. Collection of scientific articles, reports of the All-Russian scientific and practical conference with international participation. – Izhevsk, 2019. – P. 713-716.
3. Bazhina M. A. Transport Code of the Russian Federation – “scientific extremism” or a natural requirement for the development of legal regulation? // Business, management and law. – 2021. – No. 1 (49). – P. 42-44.
4. Bazhina M. A. Quality level of transport legislation of the Russian Federation // Russian law: education, practice, science. – 2021. – No. 3. – P. 59-66.
5. Moroz S. P. On the systematization of transport legislation of the Republic of Kazakhstan // Bulletin of the Institute of Legislation of the Republic of Kazakhstan. – 2008. – No. 4 (12). – P. 38-43.
6. Strelnikova I. A. Problems of legal regulation of transport activities // Modern law. – 2012. – No. 1. – P. 96-102.
7. Dmitriev S. N. Main directions of improvement of the Merchant Shipping Code of the Russian Federation // Transport law. – 2011. – No. 1. – P. 8-17.
8. Rodionov G. E. Total control or petty supervision? Problems of implementation of state control and supervision over compliance with legislation in the field of merchant shipping // Innovations. Science. Education. – 2021. – No. 25. – P. 193-203.
9. Petrov A. A. Issues of overcoming collisions of norms of codes establishing their own priority // Bulletin of St. Petersburg University. Law. – 2019. – No. 1. – P. 4-23.
10. Shashorin A. A Mortgage of sea-going vessels and maritime lien // Law. – 2006. – No. 12. – P. 46-54.
11. Babkin S. A. Mortgage of sea-going vessels: International Convention on Maritime Liens and Mortgages of 1993 and the implementation of its provisions in Russian legislation // International public and private law. – 2001. – No. 2. – P. 21-25.
CIVIL LAW
POTAPENKO Sergey Viktorovich
Ph.D. in Law, professor, professor of Civil process and international law sub-faculty, Dean of the A. A. Khmyrov Faculty of Law of the Kuban State University, Krasnodar
COMPENSATION FOR MORAL DAMAGE AS A CIVIL LAW METHOD OF JUDICIAL PROTECTION OF PERSONAL NON-PROPERTY COPYRIGHTS TO WORKS OF SCIENCE
The purpose of the article is to reveal the civil and procedural aspects of judicial protection of personal non-proprietary copyrights to works of science using compensation for moral damage in comparison with the norms of Chinese copyright.
Based on this goal, the task of the study is to identify the features and specifics of compensation for moral damage as a civil law method of judicial protection of personal non-property copyrights to works of science.
The methodological basis of this research is the dialectical method of scientific knowledge, formal legal, comparative legal, system analysis, as well as a comparative legal method in relation to the legal regulation of copyright in Russia and China, supporting the World Copyright Convention and the Berne Convention, and allowing to identify the features and specifics of judicial protection of personal non-proprietary copyrights to works of science.
Conclusions: Copyright in an objective sense is a sub-branch of civil law (a system of norms) regulating property and personal non-property social relations arising in connection with the creation and use of works of science, literature and art.
Copyright in the subjective sense is a set of subjective rights (powers) that authors have when creating and using works of literature, science and art, including their judicial protection.
Personal non-property rights are the right of authorship (Article 1265 of the Civil Code of the Russian Federation), the right to a name (Article 1265 of the Civil Code of the Russian Federation) and other personal non-property rights: the right to inviolability of the work (Article 1266 of the Civil Code of the Russian Federation), the right to publish the work (Article 1268 of the Civil Code of the Russian Federation).
Taking into account the traditional division of personal non-property relations into 2 types – related and unrelated to property relations, the conclusion is substantiated that authorship relations are related to property relations.
The personal non-property rights of authors to works of science are subject to civil judicial protection using, among other things, such its most effective method as compensation for moral damage.
Keywords: works of science, copyright, intellectual property rights, personal non-property rights, compensation for moral damage, judicial protection of copyrights.
Article bibliography
1. Vitko V. S. Review of the book by E. P. Gavrilov “Intellectual Property Law. General Provisions. XXI century” // Intellectual Property. Copyright and Related Rights. – 2017. – No. 12.
2. Gavrilov E. P. Intellectual Property Law. General Provisions. XXI century. – M.: Yurservitum, 2015.
3. Gavrilov E. P. Soviet copyright: basic provisions, development trends. – M.: Nauka, 1984.
4. Erbakhaev E. A. On personal non-property relations in the civil law of the Russian Federation, Germany and the People’s Republic of China // Current issues of civilistics. Materials of the All-Russian scientific and practical conference with international participation dedicated to the 25th anniversary of the Faculty of Law of the Dorzhi Banzarov Buryat State University. Scientific editor S. V. Dorzhieva. – 2019.
5. Zenin I. A. Intellectual property law: textbook for universities / 11th ed., revised. and additional. – Moscow: Yurait Publishing House, 2024.
6. Lipkes A. M. Personal non-property rights of authors. Current issues and judicial practice // IP. Copyright and related rights. – 2022. – No. 5.
7. Matveev A. G. Intellectual property rights to works of science, literature and art: textbook; Perm. state national research university. – Perm, 2015.
8. Pozdnyakova E. A. Copyright: textbook and practical training for universities. – 3rd ed. – Moscow: Yurait, 2022.
9. Potapenko S. V. Interactive multimedia presentation as a digital educational resource – an object of intellectual property rights // Legal Bulletin of the Kuban State University. – 2024. – No. 1 (16).
10. Potapenko S. V. Compensation for moral damage as a method of judicial protection against defamation in Russia and England // Legal Bulletin of the Kuban State University. – 2021. – No. 1.
11. Serebrovsky V. I. Issues of Soviet copyright. – M.: Publishing House of the USSR Academy of Sciences. 1956.
12. Sukhanov E. A. Civil law of Russia – private law. – M.: Statut, 2008.
13. Shcherbak N. V. Intellectual property law: general doctrine. Copyright and related rights: textbooke for universities. – 2nd ed., revised. and additional – Moscow: Yurayt Publishing House, 2024.
CIVIL LAW
STETSENKO Valentina Yurjevna
Ph.D. in Law, professor of the St. Petersburg University of Management Technologies and Economics
KOSAREVA Vadislava Vladimirovna
Ph.D. in Law, State Institute of Economics, Finance, Law and Technology
SOME ISSUES OF RECOGNITION OF MEDICAL LAW AS AN INDEPENDENT COMPLEX BRANCH OF LAW
The article raises the question of the place of medical law in the legal system of Russia. The existing concepts of the branch of medical law are considered and analyzed. Attention is focused on the relevance and importance of full recognition of medical law both for the development of legal science and for the proper legal regulation of relations arising in the field of health protection. Based on the study of the educational process of a number of leading universities in the field of law in the country, as well as on the basis of an analysis of the statistics of the defended dissertation research, it is concluded that researchers pay extremely insufficient attention to this complex branch of law, the need for its popularization and more active introduction into the educational process of training lawyers.
Keywords: medical law, branch of law, branch of legislation, health protection, medical activity, legal regulation.
Article bibliographic list
1. Alekseev S. S. General theory of law. – M.: Legal. lit., 1981. – P. 252-259.
2. Arzhanov M. A. On the principles of constructing the system of Soviet socialist law // Soviet state and law. –1939. –№ 3. – P. 34.
3. Vvedensky B. A. The Great Soviet Encyclopedia. Volume 9. Second edition. – M., 1951. – P. 540.
4. Vnukova V. A., Madygina O. A. The subject of medical law as an independent complex branch of national law // Legal education and science. – 2020. – No. 4. – P. 6-10.
5. Vyshinsky A. Ya. The main tasks of the science of Soviet socialist law. – M .: Legal. Publishing House of the People’s Commissariat of Justice of the USSR, 1938. – P. 7-75.
6. Gavrilenko K. A. Medical law as an independent branch of law // Health of the metropolis. – 2023. – No. 3 (4). – P. 144 -149.
7. Ivanova R.I., Tarasova V.A. Subject and method of social security law // Soviet state and law. – 1983. – No. 8. – P. 107-108.
8 . Levin D. A. Medical law as a branch of law // Clusters. Research and development. – 2017. – No. 2 (7). – P. 47-52.
9. Litovka P. I. Medical law – comprehensive branch of national law of Russia // Public and private rights: problems of development and interaction, legislative expression and legal practices. –1999. – No. 3 – P. 84-85.
10. Litovka P. I., Litovka A. B. Medical law – a complex branch of national law of Russia: Formation, development prospects // Jurisprudence. – 2000. – № 1. – P. 80-83.
11. Maleina M. N. Healthcare legislation in Russia: current state and development prospects // Modern medical law in Russia and abroad. –2013. – № 3 (49 ). – P.19-34.
12. Maleina M. N. Justification of health law as a complex branch of legislation and some directions of its improvement // Medical law. –2013. – No. 6. – P. 7-14.
13. Mokhov A. A. Medical law (legal regulation of medical activity). – Volgograd: Izdvo VolSU, 2003. – P. 47-55.
14. Mokhov A. A. Genetic technologies. – M.: Contract, 2022. – P. 102-104.
15. Mokhov A. A. Concept of legal regulation of medical activity // Actual problems of Russian law. – 2023. – No. 4 (18). – P. 93-104.
16. Mokhov A. A. Medical law – an independent branch of Russian law // Law and Politics. – 2002. – No. 8. – P. 128-138.
17. Mokhov A. A. Medical law as an independent branch of national law of Russia // Modern law. – 2003. – No. 1. – P. 45-48 .
18. Orlov K. O. On the Place of Medical Care in the Legal System // Social and Political Sciences. – 2017. – No. 5. – P. 84-87.
19. Pishchita A. N . The mechanism of legal regulation in the field of medical activity (general characteristics) // Bulletin of the Russian Law Academy. – 2006. – No. 1. – P. 15.
20. Reicher V.K. Social and historical types of insurance. – M. : Publisher. Acad. sciences of the USSR, 1947. – P. 189-190.
21. Rericht A. A. Theoretical foundations of medical law: Problems of formation and development: Monograph. – M.: RAS. INION. Center of social. scientific-inform. research, 2011.
22. Sergeev Yu. D., Pishchita A. N., Goncharov N. G. On the issue of the place of medical law in the modern legal system of the Russian Federation // Scientific t. of the II All-Russian Congress (National Congress) on medical law. – 2003. – No. 5. – P. 103.
23. Sitdikova L. B. Medical law as an independent branch of law: development prospects // Bulletin of the Moscowskov city pedagogical university. – 2015. – No. 17 (1). – P. 80-88.
24. Stetsenko S. G. Medical law. – St. Petersburg: Legal center Press, 2004. – P. 20-23.
25. Stetsenko S. G., Pishchita A. N., Goncharov N. G. Essays on medical law. – Moscow: Central Clinical Hospital of the Russian Academy of Sciences, 2004. – P. 55-57.
26. Shishkov S. Will there be a Medical Code in Russia? // Russian Justice. – 1997. – No. 1. – P. 39.
CIVIL LAW
SHVARTS Larisa Vladimirovna
Ph.D. in Law, associate professor of Civil and labor law sub-faculty of the North-West Institute of Management of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation, St. Petersburg
FEATURES OF ACCEPTANCE OF WORKS UNDER THE CONSTRUCTION CONTRACT
The article presents a systematic review of the norms of the Civil Code of the Russian Federation and judicial practice concerning the specifics of the execution of a construction contract in terms of acceptance of completed works. It is proposed to establish in the law the obligation of the party who refused to sign the act to submit objections to the other party under the act within a clearly defined period, specifying the consequences of non-fulfillment of this obligation. The author also substantiates the need to develop and fix at the legislative level a list of conditions for unilateral refusal.
Keywords: the act of delivery and acceptance of works, a bilateral act, a construction contract, the customer, delivery and acceptance of works, a unilateral act, refusal to sign the act, refusal to accept works, the contractor.
Article bibliography
1. Aistov A. G. On the issue of practical implementation of contractor savings // Scientific interdisciplinary research: collection of articles of the XV International scientific and practical conference, Saratov, June 10, 2021. – Moscow: “KDU”, “Dobrosvet”. – 2021. – P. 262-266.
2. Brosalina A. A. Construction contract: issues of theory and practice // Issues of Russian justice. – 2021. – No. 14. – P. 141-156.
3. Commentary on § 1, 3 and 4 of Chapter 37 “Contract” of the Civil Code of the Russian Federation / Ed. N. B. Shcherbakov. – Moscow: Statute, 2019. – 550 pp.
CIVIL LAW
CHIZHIKOVA Anna Vasiljevna
senior lecturer of Civil and international law sub-faculty of the admiral F. F. Ushakov State Maritime University, Novorossiysk
strong>MAMEDOVA Renata Ramazanova
cadet of the group 1733-u“Juricprudence” of the admiral F. F. Ushakov State Maritime University, Novorossiysk
PROBLEMS OF THE LEGAL REGULATION OF UNMANNED AERIAL VEHICLES IN MILITARY OPERATIONS
This article considers the technological development, which arose in military environment, became a source of ideas and achievements in various fields of knowledge, and you can see that in the case of drones. This type of remote control device is being used in various sectors of civil use, which opens up new business opportunities. The models associated with this technology. The various applications required a vehicle design with different configurations, which leads to the need to establish a number of classification parameters, which depend on the degree of technical complexity. Degree of complexity. As an emerging technology, they face regulatory, ethical and social constraints that create challenges for their implementation. This article attempts to summarize the main information related to UAV (Unmanned Aerial Vehicle, abbreviated UAV) as a developing technology. This is a potential for use in many production sectors. It also provides a brief overview of the progress in the development of this type of vehicle and related systems at the local level.
Keywords: drones, strike, military operations, drone, drones, ABS, UAV, RPAS, UAV.
Article bibliography
1. Barnhart R.K., Hotman S.B., Marshall D.M., Shappi E., Introduction to Unmanned Aircraft Systems, CRC Press, 2012, ISBN 978-1-4398-3520-3, 215 pp.
2. Ivanova I.A., Nikonov V.V., Tsareva A.A. Methods of organizing the control of unmanned aerial vehicles // Actual problems of the humanitarian and natural sciences. 2014. No. 11-1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sposoby-organizatsii-upravleniya-bespilotnymi-letatelnymi-apparatami (date of access: 24.06.2024).
3. Pavlov R. A., Savelyev K. P. Use of unmanned aerial vehicles in modern military conflicts. – Text: direct // Young scientist. 2022. No. 51 (446). P. 48-50. [Electronic resource]. – Access mode: https://moluch.ru/archive/446/98257/ (date of access 23.06.2024)
CIVIL PRAVO
YASTREMSKIY Ivan Anatoljevich
Lawyer of the Leningrad regional bar association, branch of the Law Firm “Pelevin and Partners”
THE LEGAL SIGNIFICANCE OF A FORENSIC MEDICAL EXAMINATION OF A PATIENT’S DISPUTES WITH A PLASTIC SURGERY CLINIC
The article examines the legal significance of forensic medical examination of disputes between a patient and a plastic surgery clinic. The concept and consequences of defects in medical care are revealed. The grounds of the proceedings, the concept, the essence of the forensic medical examination are given, its significance for the fair resolution of a civil case is analyzed. The issues for which the forensic medical examination is necessary have been clarified. It is noted that failure to comply with the procedures and standards of medical care does not always mean its defect. It was revealed that the main condition for recognizing a medical care defect in the expert opinion is a violation by a doctor of the rules of medical manipulation technique. Examples from judicial practice are considered, confirming that the patient should be aware of the risks that plastic surgery entails, and failure to achieve the result of the operation expected by the client does not always mean that the defendant provided a service of appropriate quality. The result of the operation is related to the specific clinical situation, the characteristics of the plaintiff’s body. If it follows from the expert opinion that the defendant committed defects in the provision of medical care, the court will recognize that the plaintiff received a substandard service. It is concluded that in such cases, experts involved in the court should first establish the fact of the inadequate quality of this service, and then its consequences.
Keywords: plastic surgery, medical care, operation , forensic medical examination, examination, expert, harm to health, defect of medical care, causal relationship.
Article bibliography
1. Bozhchenko A. P. Professional offenses of medical workers: problems and trends in the appointment, production and evaluation of forensic medical examinations // Medical Law. 2022. No. 4. P. 3-7; 2023. No. 1. P. 6-10.
2. Ershova G.V. , Parfenov Yu. A., Sapozhnikov K. V. Forensic medical examination of the assessment of the severity of harm to health in modern criminal proceedings // Russian investigator. 2019. No. 11.
3. Zhukov S. P., Viter V. I. Legal assessment of medical evidence. Izhevsk, 2004.
4. Kovalev A. V. The procedure for conducting a forensic medical examination and establishing causality investigative links on the fact of failure to provide or improper provision of medical care: methodological recommendations. Moscow: RCSME, 2015.
5. Kratenko M. V. The problem of uncertainty of causal relationship in “medical cases” and ways to solve it. (On the issue of evidentiary value expert opinion) // Forensic medical examination. 2022. No. 1.
6. Prakhova A. Yu. The problem of causality in forensic medical assessment of violations committed in the provision of medical care // Current issues of forensic medical examination. The view of young scientists: Proceedings of the IX All-Russian (with international participation) scientific and practical conference of students, residents, graduate students, young scientists, dedicated to the year of science and technology in the Russian Federation, (April 30, 2021, Perm) / Ed. K. V. Shevchenko, D. V. Borodulina. Perm, 2021.
7. Starchikov M. Yu. Civil regulation of relationships in the field of health care: problematic issues and judicial practice: scientific and practical manual // SPS ConsultantPlus. 2022 .
8. Timofeev I. V. Cause-and-effect relationships between medical intervention and negative outcome in clinical practice (medical aspect of the problem and analytical conclusion – message 2) // Medical law. 2022. No. 1.
CIVIL LAW
ABBUD Raul Ratebovich
Postgraduate student of the Department of Civil Law and Procedure, Institute of Law and National Security of the Russian Presidential Academy of National Economy and Public Administration
DICHOTOMY OF THE ESSENCE OF THE HUMAN RIGHT TO IMAGE
The article is devoted to the current problem of the essence human rights to an image in Russian law. The article analyzes domestic legislation and doctrine, as well as legal regulation and doctrine of the United States on the subject of this article. Based on the conducted research, the author identifies two opposing approaches to understanding the essence of human rights to an image, which determine the dichotomy. The author also suggests a third approach as the most suitable for Russian law and corresponding to the modern realities of civil circulation.
Keywords: dichotomy, essence, human right to an image, the right of publicity, the right to publicityb, identity, intangible benefits.
ABBUD Raul Ratebovich
postgraduate student of Civil law and process sub-faculty of the Institute of Law and National Security of the Russian Presidential Academy of National Economy and Public Administration
THE DICHOTOMY OF THE ESSENCE OF THE HUMAN RIGHT TO AN IMAGE
The article is devoted to the actual problem of the essence of the human right to an image in Russian law. The article analyzes the domestic legislation and doctrine, as well as the legal regulation and doctrine of the United States about this article. Based on the research conducted, the author generates two opposite approaches to understanding the essence of the human right to an image, which determines the dichotomy. The author also suggests a third approach as the most suitable for Russian law and meeting the modern realities of civil turnover.
Keywords: dichotomy, essence, the human right to an image, the right of publicity , identity, intangible benefits.
Article bibliographic list
1. Lazarenkova O. G. The right of a citizen to an image in the system of personal non-property rights // Leningrad Law Journal. 2021. No. 1 (63 ) P. 98-107.
2. Maleina M. N. Personal non-property rights of citizens (concept, implementation and protection): dissertation for the degree of Doctor of Law: 12.00.03; Moscow State Law Academy. Moscow, 1997. 431 p.
3. Mograbyan A.S. The external appearance of an individual as an object of the subjective right to the inviolability of external appearance // Bulletin of VolSU. 2011. Series 9. Issue 9. P. 102-106.
4. Puchkov V. O. The main problems of the digital image of the subject of civil law in the civilistic doctrine and judicial practice // Arbitration disputes. 2020. No. 3. P. 14.
5. Tolstoy V. S. Personal non-property legal relations [ Electronic resource]. – Electronic, text data. – [M.]: Publishing house of the Academy of advanced training and vocational retraining. education workers, 2009. – Access from the reference and legal system “ConsultantPlus”.
6. Daniel Gervais and Martin L. Holmes, Fame, Property & Identity: The Purpose and Scope of the Right of Publicity // Fordham Intell. Prop. Media & Ent. L.J. 2014. Vol. 25. No. 1. P. 268-313.
7. Jennifer E. Rothman. The right of publicity’s intellectual property turn // Columbia journal of law & the arts. 2019. P. 277-319.
8. J. Thomas McCarthy. The rights of publicity and privacy § 1:3 (2d ed. 2011).
9. Melville B. Nimmer. The Right of Publicity, 19 Law and contemporary problems. 1954. P. 203-223.
10. Michael Madow. Private Ownership of Public Image: Popular Culture and Publicity Rights // California law review. Vol. 81:125.1993. P. 125-240.
CIVIL LAW
ABROSIMOV Dmitriy Alexandrovich
assistant of Civil law sub-faculty of the V. F. Yakovlev Ural State Law University, Master of Private Law (RSPL)
THE RIGHT TO DEMAND THE REPURCHASE OF SHARES OWNED BY SHAREHOLDERS AS A WAY TO PROTECT VIOLATED RIGHTS
This article is devoted to the analysis of some problems that arise when exercising the right to demand the repurchase of shares owned by shareholders in accordance with the provisions of article 75 of the Federal Law on Joint Stock Companies. The author draws at-tention to new trends in judicial practice on the issue of share repurchase. Attention is fo-cused on doctrinal discussions about the legal nature of this method of protection, including in connection with the purchase with the problem of determining a fair price.
In addition to general scientific research methods – methods of materialistic philosophy and formal logic, the legal method of interpretation is used. An appeal to the context of civil law literature, examples of law enforcement interpretation of regulations and consideration-ation of theoretical and legal and civil law representations allowed us to present the author’s view of the subject under consideration, as well as highlight the advantages and disad -vantages of existing solutions to the analyzed problem.
The main conclusions of the research conducted are that in the case of a dispute over the redemption price, Article 1102 of the Civil Code of the Russian Federation acts as a more balanced solution to the problem of determining the legal basis for such a claim. The advantage of this approach over the qualification of a claim for the performance of a mone-tary obligation in kind or through Article 445 of the Civil Code of the Russian Federation, it seems, is that it allows you to move away from clarifying the issue of the nature of compensation as an integral part of some kind of individual agreement, since the implementation of a remedy against an The company already assumes that the parties have not reached a consensus on the price. In addition, a situation is conceivable in which theThe fair nature of compensation will be even less, because we are actually talking about compensation for damage caused by the loss of corporate control.
Keywords: demand for a buyout, guarantees of shareholders’ rights, exercise of the right to repurchase, disagreement with the price, claim for repurchase, shareholder de-manding a purchase, challenging the repurchase price, fair price, settlement of shareholder-ers’ disagreements, change in the share price
Article bibliography
1. Stepanov D. I., Boyko T. S. Buyout of shares from shareholders at their request and mandatory offer in judicial practice // Bulletin of the Supreme Arbitration Court of the Russian Federation. 2013. No. 4. P. 75-94.
2. Review of judicial practice on certain issues of application of legislation on business entities (approved by the Presidium of the Supreme Court of the Russian Federation on 25.12.2019) // SPS “ConsultantPlus”.
3. Glazunov A. Yu., Gorchakov D. S., Chuprunov I. S. Commentary on the Review of judicial practice on certain issues of application of legislation on business entities // Bulletin of Economic Justice of the Russian Federation. 2020. No. 10. P. 79-134; No. 11. (author of the commentary – I. S. Chuprunov).
4. Kiyashchuk I. T. Protection of the rights of shareholders and other interested parties in the process of reorganization of joint-stock companies in the form of mergers and acquisitions under the laws of the Russian Federation and the European Union. Dissertation of the candidate of legal sciences. 12.00.03. M., 2011. 153 p.
5. Besedina E.S. Coercion to conclude an agreement as a way to protect the rights of shareholders who disagree with the repurchase price of their shares // Jurist. 2021. No. 8. Pp. 9-14.
6. Kostylev K. How to determine whether the share repurchase price is fair? // Akciyonerny Vestnik. 2012. No. 9. Pp. 14-23.
7. Review of the practice of resolving disputes on transactions related to the placement and circulation of shares, approved by the information letter of the Supreme Arbitration Court of the Russian Federation dated 04/21/1998. № 33 // SPS “Consultant Plus”.
8. Glazunov A. Yu., Gorchakov D. S., Chuprunov I. S. Commentary on the Review of judicial practice on some issues of application of legislation on business entities // Bulletin of Economic Justice of the Russian Federation. 2020. № 10. pp. 79-134; № 11. pp. 101-171. (Author of the commentary – A. Yu. Glazunov).
9. Commentary on the practice of considering economic disputes (judicial and arbitration practice) / P. D. Bagryanskaya, O. A. Belyaeva, S. A. Burlakov et al.; ed. V. M. Zhukov. M .: IZiSP, CONTRACT, 2020. Issue. 27. 224 p.
10. Abramov V. Yu., Abramov Yu. V. Corporate Law: Rights and Obligations of Participants in Business Entities: A Practical Guide with Judicial Commentary. Moscow: Yustitsinform, 2021. 356 p.
11. Shitkina I. S. The Right to Redeem Shares at the Demand of Shareholders When Concluding Major Transactions // Business and Law. 2019. No. 10. Pp. 3-16.
12. Illarionova T. I. The Mechanism of Action of Civil Law Protective Measures. Sverdlovsk: Publishing House of the Ural. University, 1980. 76 p.
13. Fleishits E. A. Obligations from Causing Harm and from Unjust Enrichment. M., 1951. 239 p.
CIVIL LAW
GRISHIN Sergey Mikhaylovich
competitor of Civil law and process and international private law sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia, lawyer of the Moscow Bar Association “Intellectual Solutions”
DIGITAL HEALTHCARE IN THE EUROPEAN UNION: REGULATION AND DEVELOPMENT TRENDS
The article analyzes the key normative legal acts characterizing the development of national legislation on artificial intelligence in relation to the healthcare sector. The key advantages of the technology and development trends at the present stage are revealed. It is concluded that currently legislation on technologies based on the use of artificial intelligence is just beginning to take shape, however, a noticeable trend towards the adoption of special legal regimes regulating the process of developing and applying artificial intelligence technologies is an undoubted prospect for both intelligent systems and society.
Keywords: digital healthcare, artificial intelligence, computer vision, natural language processing, speech recognition and synthesis, intelligent decision support and promising artificial intelligence methods.
Article bibliography
1. Almanac “Artificial Intelligence”. – No. 3. – Moscow, 2019. – P. 108.
2. Beskaravaynaya T. Grigory Roytberg: the main goal of introducing the SLR is to reduce the number of medical errors / Medvestnik. 02/28/2019. [Electronic resource]. – Access mode: https://medvestnik.ru/content/news/Grigorii-Roitberg-glavnaya-cel-vnedreniya-SPPVR-snijenie-chisla-vrachebnyh-oshibok.html (date of access: 09.09.2024).
3. Gusev A. V., Dobridnyuk S. L. Artificial intelligence in medicine and health care // Information society. – 2017. – No. 4-5. – P. 89. [Electronic resource]. – Access mode: https://webiomed.ru/media/publications_files/iskusstvennyi-intellekt-v-meditsine-i-zdravookhranenii.pdf (date accessed: 09.09.2024).
4. Zapisnaya TV On the concept of development of legal regulation of relations in the field of digitalization of domestic healthcare // Jurist. – 2021. – No. 5. – P. 73.
5. Morozova Yu A. Formation of strategic priorities for innovative development of Russian healthcare in the context of digitalization: diss. … Cand. Sciences: 08.00.05 / Morozova Yulia Aleksandrova. – M., 2021. – P. 44.
6. Rafalskaya N. Artificial intelligence turned out to be more effective than doctors in diagnosing the disease. 08.08.2016. [Electronic resource]. – Access mode: https://habr.com/ru/news/372557/ (date of access: 09/08/2024).
CIVIL LAW
DALKHEEV Andrey Arkadjevich
postgraduate student of the Russian State University of Justice, chief specialist of the Department of Legal Protection and Judicial Work of “Mosenergosbyt” JSC
INTEGRITY IN ENERGY DISPUTES: REVIEW OF JUDICIAL PRACTICE
The article provides an overview of the practice of arbitration courts considering disputes in the field of energy supply in terms of the application of the principle of good faith. The most significant cases for judicial practice are given, where the Supreme Court of the Russian Federation assessed the behavior of the parties to the dispute from the point of view of good faith. The analysis of cases revealed cases where the courts did not fully correctly apply the principle of good faith, and also attached importance to the circumstances that are irrelevant for the use of this category. The main areas of application of this principle are outlined. The author formulates recommendations for consideration by the courts of the analyzed category of cases as conclusions.
Keywords: principle of good faith, energy, energy supply, energy, protection of civil rights.
Article bibliographic list
1. Kerselyan A. Presumption of good faith in property law // Civilistics. – 2019. – No. 2.
2. Konovalov A. V. Principles of civil law: methodological and practical aspects of the study: dis. …. doctor of law. sciences. – M., 2019. – P. 285.
3. Nam K. V., The principle of good faith: development, system, problems of theory and practice // I. A. Pokrovsky. – M.: Statut, 2023.
4. Fundamentals of civil law: a tutorial / Ed. by A. V. Egorov and E. A. Evstigneev. – M.: Association of graduates of the Russian School of Chemistry, 2020. – P. 124.
5. Pokrovsky I. A. The main problems of civil law. – 8th ed. – M.: Statut, 2020. – P. 260.
6. Sklovsky K. I. Application of law and the principle of good faith // Bulletin of Economic Justice of the Russian Federation. – 2018. – No. 2. – P. 99.
7. Sukhanov E. A. Review of the scientific consultant on the dissertation of Svirkov Sergey Aleksandrovich on the topic: “Civil-legal regulation in the field of energy supply”, submitted for the degree of candidate of legal sciences in specialty 12.00.03. – M., 2019. – P. 2.
8. Fogelson B. Yu. The principle of good faith in Russian judicial practice // Bulletin of Economic Justice of the Russian Federation. – 2017. – No. 9. – P. 103-116.
CIVIL LAW
ZAGLYADINA Yanina Alexandrovna
postgraduate student of Entrepreneurial law sub-faculty of the Law Faculty of the M. V. Lomonosov Moscow State University
LIABILITY FOR UNFAIR COMPETITION ASSOCIATED WITH THE UNLAWFUL USE OF INFORMATION
In the article, the author examines the types of legal liability imposed for the implementation of unfair competition related to the illegal use of information, based on an analysis of domestic and foreign legislation, law enforcement practice, and statistical data. The author proposes to introduce differentiated administrative liability for unfair competition, distinguishing between cases of discrediting, misleading and incorrect comparison with actions related to the illegal use of commercial secrets, establishing stricter sanctions for violating Article 14.7 of the Law on the Protection of Competition.
Keywords: unfair competition, discrediting, dissemination of information, reputation
Article bibliography
1. Alekseev S. S. Law: ABC – Theory – Philosophy. Experience of a comprehensive study. – Moscow, 1999. – 712 p.
2. Bratus S. N. Legal liability and legality. – Moscow, Legal Literature, 1976.
3. Ioffe O. S., Shargorodsky M. D. Questions of the theory of law. – M.: Gosyurizdat, 1961. – P. 314-318.
4. Competition law: textbook / Under the general editorship of M. A. Egorova, A. Yu. Kinev. – M.: Yustitsinform, 2018.
5. Marchenko M. N. Problems of the general theory of state and law: Textbook: In 2 volumes. 2nd ed., revised and enlarged. – M., 2016. – V. 2 // SPS “Garant”.
6.Pugatsky M. V. Legal liability as a type of state coercion // Issues of Russian and international law. – 2019. – No. 4-1. – P. 325-331.
7. Sinitsyn S. A. Subjective right to a healthy competitive environment and freedom of fair competition // Competition in a market economy: limits of freedom and restrictions: monograph / A. V. Gabov, E. E. Nikitina, S. A. Sinitsyn et al.; ed. A. V. Gabov. – M .: IZiSP; Jurisprudence, 2016.
8. Tarkhov V. A. Concept of legal liability // Jurisprudence. – 1973. – No. 2. – P. 33-40.
9. Cherdantsev A. F., Kozhevnikov S. N. On the concept and content of legal liability // Jurisprudence. – 1976. – No. 5. – P. 39-48.
CIVIL LAW
KALININ Stanislav Sergeevich
postgraduate student of Civil law and process and international private law sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
FEATURES OF THE TERMS OF A COMBINED INSURANCE CONTRACT, USING THE EXAMPLE OF A CONSTRUCTION AND INSTALLATION RISKS INSURANCE CONTRACT
This article examines the features of the terms of a combined insurance contract using the example of a construction and installation risks insurance contract in the Russian Federation. Combined insurance is a combination of different types of insurance within one contract, which allows for comprehensive insurance coverage for the client. The construction and installation risks insurance contract is one of the most common types of combined insurance in the construction industry. The article analyzes the main provisions of such a contract, including insurance coverage, insured events, insurance exclusions, the procedure for determining the insurance premium and deductible. Special attention is paid to the specifics of construction and installation projects, as well as the risks inherent in this industry. The coherent text of the abstract and keywords allows the reader to get an idea of the content and focus of the article.
Keywords: combined insurance, construction and installation risks, insurance contract, insurance coverage, insurance coverage, insured events, insurance exclusions, insurance premium, deductible.
Article bibliography
1. Civil Code of the Russian Federation (part one): from 30.11.1994 No. 51-FZ (latest revision).
2. Federal Law “On the Organization of Insurance Business in the Russian Federation” from 27.11.1992 No. 4015-1 (latest revision).
3. Rules for combined insurance of construction and installation works. [Electronic resource]. – Access mode: https://nsg-ins.ru/content/rules_of_the_combined_insurance_of_civil_and_erection_works (date of access: 14.05.2024).
4. Egorov Ya. K. State regulation of the construction industry in the Russian Federation and the issue of the need to introduce into the Russian legal order the rule on compulsory insurance of construction and installation risks. // Colloquium-journal. – 2019. – No. 14 (38). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/gosudarstvennoe-regulirovanie-stroitelnoi-otrasli-v-rossii-skoi-federatsii-i-vopros-o-neobhodimosti-vvedeniya-v-rossii-skii (date of access: 14.05.2024).
5. Comprehensive rules for insurance of property, civil liability and related risks of the company INGOSSTRAKH. [Electronic resource]. – Access mode: https://www.ingos.ru/Upload/info/pravila_property/Pr avila_KSIFL_2017.PDF. (date of access: 14.05.2024). Title from the screen.
6. Serochenkova E. A. Insurance of construction projects // Academy. – 2020. – No. 3 (54). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/strahovanie-obektov-stroitelstva (date of access: 14.05.2024).
7. Kazei I. S. On the Calculation of One Combined Tariff Net Rate in Life Insurance // Bulletin of Science and Education. – 2022. – No. 6-1 (126). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/o-raschete-odnoy-kombinirovannoy-tarifnoy-netto-stavki-v-strahovanii-zhizni (date of access: 14.05.2024).
8. Sizon Yu. E., Uglitskikh O. N., Dyshekova D. Z. Combined Life Insurance // Finance and Accounting Policy. – 2023. – No. 3 (31). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kombinirovannoe-strahovanie-zhizni (date of access: 14.05.2024).
9. Zhegalova E. V. Current state and prospects for the development of life insurance in Russia // Economic sciences. – 2020. – No. 192. – P. 97100.
10. Yanova S. Yu. Grains and chaff of modern life insurance // Finance. – 2020. – No. 11. – P. 37-44.
11. Zabbarova M. D., Firsova S. N. Ways to develop investment life insurance in Russia // Socio-economic management: theories and practice. – 2021. – No. 3 (46). – pp. 27-33.
12. Smith. Combining various types of insurance under one contract: an analysis of the features of acombined insurance agreement for construction and installation risks // Insurance Law Review. – 2019. – No. 36 (2). – R. 245-267.
13. Johnson E. Key aspects of a construction and installation risks insurance contract in the context of combined insurance agreements // Journal of Risk Management. – 2020. – No. 18 (4). – R. 432-449.
14. Brown M. Understanding the complexities of a combined insurance contract for construction projects: a case study of a construction and installation risks insurance agreement // Insurance Journal. – 2020. – No. 25 (3). – R. 178-195.
15. Davis S. Contractual provisions in a combined insurance agreement for construction and installation risks: a comparative analysis // International Journal of Insurance Law. – 2020. – No. 10 (1). – Р. 56-73.
16. Thompson, David “Legal implications of a combined insurance contract for construction and installation risks: a review of key provisions and conditions.” // Risk Management Review. – 2020. – № 12 (2). – R. 123-139.
17. Avdotyin V. P., Avdotyina M. V., Palinkash L. V. Investment insurance under external sanctions // Insurance law. – 2023. – No. 1 (98). – P. 50-56. – EDN PMBDDK.
18. Klimova V. A. Property insurance in foreign countries // Comparative legal aspects of legal relations of civil turnover in the modern world: a collection of articles of the International scientific legal forum in memory of Professor V.K. Puchinsky, Moscow, October 14, 2022 / Peoples’ Friendship University of Russia. – Moscow: Peoples’ Friendship University of Russia (RUDN), 2022. – P. 492-500. – EDN QSTZKF.
19. Mamedov A. A. Financial and legal norms – regulators of state activities in the field of insurance // Globalization and public law: materials of the IV International scientific-practical conference, Moscow, October 26, 2015 / Peoples’ Friendship University of Russia. – Moscow: Peoples’ Friendship University of Russia, 2016. – P. 130-142. – EDN WXWDZJ.
20. Rusakova E . P., Khuzzyatov A. A. Artificial intelligence as a mechanism for replenishing open contract terms // Eurasian Law Journal. – 2023. – No. 7 (182). – P. 179-184. – EDN OMXHOK.
21. Frolova E. E. New ecosystem of the financial market of the European Union: digitalization and sustainability // Bulletin of the Peoples’ Friendship University of Russia. Series: Legal Sciences. – 2020. – Vol. 24. No. 3. – P . 673-694. – DOI 10.22363/2313-2337-2020-24-3-673-694. – EDN EVPQVJ.
CIVIL LAW
KASIMOV Murad Firdusievich
magister student of Civil law sub-faculty of the Faculty of Law of the Dagestan State University, Makhachkala
SOME ASPECTS OF IMPROVING LEGISLATION ON THE LEGAL STATUS OF AN ARBITRATION ADMINISTRATOR
The article discusses aspects of reforming bankruptcy legislation, in particular, focuses on the legal status of the arbitration manager. Various expert points of view on the development of regulatory regulation in this area in the Russian Federation have been studied.
The current political and economic problems in the Russian Federation, among other things, exacerbate the risks of insolvency and bankruptcy, which actualizes the tasks of optimizing the legal regulation of the status of arbitration management.
The directions of improvement of this institution are also proposed: clarification of the requirements for the education and qualifications of arbitration managers, the legal boundaries of their competencies, requirements for the conditions of membership and participation in their self-regulatory organizations, as well as membership of these organizations in the National Association.
The scientific article takes into account and critically examines the latest legislative innovations (including draft laws) on the status and functions of arbitration managers and their organizations
Keywords: bankruptcy, arbitration manager, legal status, bankruptcy procedures.
References
1. Federal Law No. 127-FZ of 10/26/2002 (as amended on 12/25/2023) “On insolvency (bankruptcy)” // Collection of Legislation of the Russian Federation. 2002. No. 43. St. 4190.
2. . Code of Administrative Offences of the Russian Federation No. 195-FZ dated 12/30/2001 // Rossiyskaya gazeta. 2001. No. 132.
3. Gulyaevsky S. E. Prospects and consequences of reforming legislation in the field of insolvency (bankruptcy) // Innovation. Science. Education. 2021. No. 77. pp. 360-364.
4.Bill No. 1172553-7 “On Amendments to the Federal Law “On Insolvency (Bankruptcy) and Certain Legislative Acts of the Russian Federation” // ConsultantPlus
5. Legal Reference System. 4. The draft bankruptcy reform was submitted to the State Duma: [Electronic resource] // Reference-legal system “ConsultantPlus”.the legal system “ConsultantPlus”.
6. Soldatov Yu. G. Some aspects of the evolution and improvement of the insolvency (bankruptcy) system in Russia // New technologies. 2020. No. 1.Pp. 128-129.
7. Shershenevich G. F. (1863-1912). The doctrine of insolvency: Research. priv.-assoc. The cauldron. The University of G. F. Shershenevich. Kazan: type. Unita, 1890. 446 p.
CIVIL LAW
KUZMIN Anton Vlasovich
postgraduate student of Civil law and process and international private law sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
BLOCKCHAIN TECHNOLOGY: CONCEPT, FEATURES OF LEGAL REGULATION AND POSSIBILITIES OF ITS APPLICATION IN CIVIL LEGAL RELATIONS
This article makes an attempt to determine the place of blockchain technology in domestic legislation and the scope of its application by subjects of civil legal relations. The author analyzed existing scientific approaches to defining the concept of distributed registry technology. The article examines the main criteria inherent in blockchain technology, and also makes an attempt to introduce an additional criterion – globality. As a result of the analysis of the scope of application of blockchain technology in civil legal relations, the need to introduce special legislative regulation of this technology is substantiated. The author of the article comes to the conclusion that the lack of special legal regulation of blockchain technology has a negative effect associated with its use by subjects of civil legal relations.
Keywords: distributed registry, blockchain, smart contract, decentralized system.
Bibliographic list of articles
1. Swan M. Blockchain Blueprint for a New Economy. – O’Reilly Media Publishers, 2015. – 152 pp.
2. Nakamoto S. Bitcoin: A peer-to-peer electronic cash system, 2008.
3. Kot A.V. Economy without intermediaries // Economy of Belarus. – 2015. – No. 4.
4. Saveliev A. I. Some legal aspects of the use of smart contracts and blockchain technologies under Russian law // Law. – 2017. – No. 5.
CIVIL LAW
MALIUSHEV Alexander Vasiljevich
postgraduate student of the Institute of Law and National Security of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation
AUTONOMY OF THE WILL VS. “FAVOUR CONTRACTUS” PRINCIPLE ON THE EXAMPLE OF CONVERSION OF UNILATERAL REFUSAL IN A CONTRACT OF CONSTRUCTION WORK
In the paper, the author analyzes the correlation between the value of the autonomy of will of the parties to civil legal relations and the principle of favor contractus with regard to the conversion of the customer’s unilateral withdrawal from the contract of construction work. The author concludes that the prevailing approach of domestic arbitration courts on the stated issue is oversimplified. The article suggests resorting to a differentiated approach. In the work much attention is paid to the analysis of law enforcement practice of Russian arbitration courts. The author assesses the position of the Supreme Court of the Russian Federation, which changed in 2018.
Keywords: conversion, unilateral withdrawal from contract, construction contracting.
Article bibliography
1. Egorov A. V. Unilateral refusal of the customer from the contract: concentration of problems of practice // Bulletin of civil law. – 2018. – No. 3. – P. 53-102.
2. Karapetov A. G. Main trends of legal regulation of termination of a breached contract in foreign and Russian civil law: diss. … Doctor of Law. – M., 2011. – P. 337.
3. Main provisions of civil law: Article-by-article commentary to Articles 1-16.1 of the Civil Code of the Russian Federation [Electronic publication. [Edition 1.0] / A. V. Asoskov, V. V. Baibak, R. S. Bevzenko [et al.]; ed. A. G. Karapetyan. – Moscow: M-Logos, 2020. – P. 1469 .
CIVIL LAW
MILUTSKAYA Anastasiya Sergeevna
postgraduate student of Intellectual rights sub-faculty of the O. E. Kutafin Moscow State Law University (MSLA)
TRADEMARKS TROLLING AS A KIND OF ABUSE OF RIGHT: CONCEPT, SIGNS, COMPOSITION
This article discusses the phenomenon of trademark trolling in the Russian Federation. Multiple registration of trademarks in conjunction with “non-producing” activities and the subsequent filing of lawsuits for infringement of exclusive rights to trademarks, being a vivid example of abuse of right in the field of intellectual property, today deserves attention due to the prevalence of this phenomenon. The paper formulates the concept of trademarks trolling, notes the problem of qualification of this type of abuse of right, analyzes the features that can be used to qualify the actions of the right holder to apply measures to protect exclusive rights as an abuse of right. In addition, the article pays attention to the assessment of the presentation of license agreements as sufficient and appropriate evidence of the use of the trademark by the right holder in business activities.
Keywords: trademarks, abuse of right, trademark trolling, right holder, bad faith behaviour, compensation.
References
1. Afanasieva E. G., Afanasieva E. A. Trolls are found in America. And in Europe? (Analytical review) // Intellectual Property Law: Collection of scientific works / RAS. INION. Center for Social Scientific and Informational Research. Law Department; Lomonosov Moscow State University. Department of Entrepreneurial Law; Edited by E. G. Afanasyeva. M., 2017. P. 66-72.
2. Vorozhevich A.S. Borders of exclusive rights, limits of their implementation and protection. diss…Dr. of jurisprudence: 12.00.03. M., 2021. 546 p.
3. Vorozhevich A. S., Kozlova N. V. Unfair Competition or the Abuse of the Right in the Process of Trademark Registration: Characterization Problems and Ways of Protection // Lex Russica. 2017. No. 5. P. 70-82. – [Electronic resource]. – Access mode: https://doi.org/10.17803/1729-5920.2017.126.5.070-082 (accessed: 03.15.2024) [in Russian].
4. Vorozhevich A. S. Patent trolling: essence, history, legal mechanisms of struggle // Law. 2013. No. 9. P. 68-79.
5. Gribanov V. P. Implementation and protection of civil rights – M.: Statute, 2000. 414 p.
6. Review of judicial practice in cases involving the assessment of actions of trade mark right holders. Approved by the Presidium of the Supreme Court of the Russian Federation “15” November 2023 // Legal reference system “ConsultantPlus”. – [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_461874/ (accessed: 03/15/2024) [in Russian].
7. Orlova V. V. Theory and practice of individualization in the field of intellectual property: diss. …Dr. of jurisprudence: 12.00.03. M.,2005. 343 p.
8. Reference on the results of a generalization of judicial practice on the consideration of disputes concerning the early termination of the legal protection of a trade mark due to its non-use. Approved by Resolution of the Presidium of the Intellectual Property Rights Court No. SP-23/20 of 24 July 2015 // Journal of the Court of Intellectual Property Rights – [Electronic resource]. – Access mode: http://ipcmagazine.ru/official-cronicle/the-results-of-generalization-of-judicial-practice-on-disputes-on-the-early-termination-of-legal-protection-of- the-trademark-in-connection-with-its-non-use (accessed: 03/15/2024) [in Russian].
9. Decision of the Arbitration Court of Krasnodar Region dated 05 March 2022 in the case of N A32 -8379/2021 // E-justice – [Electronic resource]. – Access mode: https://kad.arbitr.ru/Document/Pdf/c71e12e7-090c-4f02-b5e8-d2e77fe64a46/aeb9da1d-8c3d-4a6a-b5ab-806660e9c8f7/A32-8379-2021_20220305_Reshenija_i _postanovlenija.pdf?isAddStamp=True ( accessed: 03/15/2024) [in Russian].
10. Decision of the Intellectual Property Rights Court of 11 December 2023 N SIP-336/2023 // E-justice – URL: https://kad.arbitr.ru/Document/Pdf/c38cece9-646f-4ea9-aa95-5c3bd1a68f09/fd31bc4c-de79-4b17-a578-51efa2757e9c/SIP-336-2023_20231211_Reshenija_i_postanovlenija .pdf?isAddStamp=True ( (accessed: 15.03 .2024) [in Russian].
11. Sednev V. A. Patent trolling: concept, mechanisms of struggle // Journal of the Court of Intellectual Property Rights. 2020. No. 4 (30). Electronic resource]. – Access mode: http://ipcmagazine.ru/patent-law/patent-trolling-concept-fight-mechanisms (accessed: 03/15/2024) [in Russian].
CIVIL LAW
OVSEPYAN Tatevik Robertovna
postgraduate student of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia)
PROBLEMS OF PROTECTING THE RIGHTS AND LEGITIMATE INTERESTS OF NFT CREATORS IN THE FASHION WORLD
Digital transformation inevitably has an impact on all spheres of life, including the global fashion industry. With the advent of new technologies and digital platforms, fashion brand owners and designers are faced with the need to adapt to changing realities. This process has profound implications not only for the business itself, but also for the policy that determines the rules of the game in the global fashion market and the relevant legal regulation.
In this article, we will look at how digital transformation, in the context of the rapid development of digital technologies and their implementation in various aspects of the economy, affects the protection of the rights and legitimate interests of NFT product owners in the global fashion industry. In addition, the directions for the development of legislation are determined in order to improve private law norms.
Keywords: digitalization, development trends, digital technologies as an object of legal protection, fashion industry, digital law, NFT, object of intellectual property.
Article bibliographic list
1. Civil Code of the Russian Federation (part four) dated December 18, 2006 No. 230-FZ (as amended on June 13, 2023 ) // Collection of legislation of the Russian Federation. – 25.12.2006. – No. 52 (part 1). – Art. 5496.
2. Order of the Government of the Russian Federation of March 16, 2024 No. 637-r “On approval of the strategic direction in the field of digital transformation of public administration” // Collection of Legislation of the Russian Federation. – March 25, 2024. – No. 13. – Art. 1837.
3. On draft federal law No. 126586-8 “On Amendments to Article 1225 of Part Four of the Civil Code of the Russian Federation (in (part of the expansion of the list of protected results of intellectual activity in the form of non-fungible tokens)”. [Electronic resource]. – Access mode: https://base.garant.ru/407964191/ (date of access: 09/03/2024).
4. First Amendment of the US Constitution / Bill of Rights. [Electronic resource]. – Access mode: https://www.state.gov/wp-content/uploads/2020/02/Russian-translation-U.S. -Bill-of-Rights.pdf (date accessed: 03.09.2024).
5. Case 1:22-cv-00384: Hermès international, inc. & mason rothschild / United States district court southern district of New York . [Electronic resource]. – Access mode: https://www.schwimmerlegal.com/wp-content/uploads/sites/833/2022/01/sdny-hermes-v-rothschild-complaint.pdf (date of access: 03.09 .2024).
6. The official Hermes online store / Hermès USA. [Electronic resource]. – Access mode: https://www.hermes.com/us/en/ (date of access: 09/03/2024).
CIVIL LAW
RAZDOBUDKO Vladimir Olegovich
postgraduate student of the Baikal State University, Irkutsk, Senior Assistant Prosecutor of the city of Bratsk, Irkutsk region
PUBLIC LEGAL ENTITY AS A TENANT OF A FOREST PLOT
The article contains the possibility of participation of public legal entities as tenants of forest plots. Legal and scientific aspects of this problematic are studied. The authors investigates scientific approaches to the definition of tenants of forest plots in relation to public legal entities. The issue of participation of public legal entities in a forest lease agreement is considered both taking into account the general provisions on the lease of real estate and the provisions of forest legislation. The legal status of public legal entities as participants in forest relations is being investigated. The issue of granting forest plots to public legal entities, depending on the objectives of forest management, is being considered. The issue of validity of the lease agreement for a forest plot in which the tenant is a public legal entity is being studied. The author concludes that it is impossible for public legal entities to participate as tenants of forest plots.
Keywords: forestland lease agreement, lessee, public legal entity, the Russian Federation, subjects of the Russian Federation , municipal authority.
Article bibliographic list
1. Bykovsky V.K. Legal regulation of forest use on forest fund lands: diss. … candidate of legal sciences. – M., 2008 .
2. Melnikova Yu. V. Legal regulation of transactions with forest plots: dis. … candidate of legal sciences. – M., 2009.
3. Galishin E. U. Features of leasing forest plots: Author’s abstract. diss. … candidate of legal sciences. – M., 2008.
CIVIL LAW
ROZHMANOVA Anastasiya Alexandrovna
postgraduate student of Civil law and process sub-faculty of the Institute of Law of the Belgorod State National Research University
GENETIC TECHNOLOGIES IN AGRICULTURAL PRODUCTION: PROSPECTS AND CHALLENGES
The article discusses complex issues related to the regulation of the use of genetically modified organisms in Russia. The study draws attention to the existing gaps in the legislation regulating this area and highlights the negative impact of prohibitive measures in the field of genetic engineering on ensuring the biological safety of the country. Given climate change, the need to use genetically modified products and accelerate genetic research is becoming obvious. The study conducted a comparative analysis of international norms and Russian legislation on the study and application of GMO technologies and products, which revealed an imbalance in the legal regulation of this area in Russia, which reduces its competitiveness in the global market.
Keywords: GMO, GM plants, GM products, agriculture, legal regulation, Cartagena Protocol, genetic technologies, biological safety, genetic engineering.
Article bibliography
1 . Barabanova L. V., Kovtun E. V. Study of erections of genetically modified soybeans in Drosophila and mice // Ecological Genetics. 2015. Vol. 13 (2). P. 136-141. DOI: 10.17816/ecogen|32136-141
2. Gagarina I. N., Gneusheva I. A., Gorkova I. V., Kostromicheva E. V., Pavlovskaya N. E., Solokhina I. Yu. Antioxidant system in genetically modified soybeans during seed germination // Bulletin of the Irkutsk State Agricultural Academy. 2018. No. 88. P. 13.
3. Zakirova G. Sh., Papunidi K. Kh., Kadikov I. R., Semenov E. I. . The influence of diets containing genetically modified soy on the body of animals // Veterinary doctor. 2019. No. 2.
4. Mikhailova Elena Vladimirovna, Kuluev Bulat Razyapovich, Khaziakhmetov Rashit Mukhametovich Evaluation of the possibility of hybridization of genetically modified rapeseed with related non-transgenic plants // Ecological Genetics. 2015. No. 2.
5. Sinelnikova V. N . Genetically modified organisms and biomedical cellular products as objects of intellectual property // Judge. 2016. No. 2 (62). P. 19-22
6. Tutelyan V. L., Ganparov M. G., Avrenyeva L. I., Guseva G. V., Minchenko V. M., Kravchenko L. V., Pashorina V. A ., Saprykin V. P., Selyaskin K. E., Tyshko N. V. Medical and biological safety assessment of genetically modified soybean line MON 89788 message 1. Toxicological and hygienic studies // Nutrition issues. 2010. Vol. 79 (3). C. 4:12.
7. Tyshko N. V., Zhminchenko V. M., Pashorina V. A., Saprykin V. P., Selyaskin K. E., Utembasva N. T., Tutelyan V. A. Evaluation of the influence of GMOs of plant origin on the development of rat offspring // Hygiene and Sanitation. 2011. Nº 6. P. 73-77.
8. Chumakov M. I., Gusev Yu. S., Bogatyreva N. V. , Sokolov A. Yu. Assessment of the risks of spreading genetically modified corn with pollen when grown with non-transformed varieties // S-h. biol., Selkhozbiologiya, S-h biol, Sel-hoz biol, Sel’skokhozyaistvennaya biologiya, Agricultural Biology. 2019. No. 3.
9. Jayaraman K. (2004). India produces homegrown GM cotton // Nature Biotechnology. No. 22 (3). P. 255-256.
10. Mercer K, Martínez-Vásquez Á, Perales HR. Asymmetrical local adaptation of maize landraces along an altitudinal gradient // Evol Appl. 2008. V. 1 (3). P. 489-500. doi: 10.1111/j.1752- 4571.2008.00038.x.
11. National Academies of Sciences, Engineering, and Medicine. Genetically Engineered Crops: Experiences and Prospects. Washington, DC: The National Academies Press. 2016. 606 P. DOI: 10.17226/23395
12. Scott A. H. Genetically Modified Crop Regulation: The Fraying of America’s Patchwork Farm Lands // Villanova Environmental Law Journal. 2015. Vol. 26. Iss. 1. P. 145-167.
13. Sella-Villa D. E. Gently Modified Operations: How Environmental Concerns Addressed through Customs Procedures Can Successfully Resolve the US-EU GMO Dispute // William & Mary Environmental Law and Policy Review. 2009. Vol. 33. Iss. 3. P. 971-1016
14. Steier G. Window of Opportunity for GMO Regulation: Achieving Food Integrity Through Capand-Trade Models from Climate Policy for GMO Regulation // Pace Environmental Law Review. 2017. Vol. 34. P. 293-323.
CIVIL LAW
TOLMACHEVA Alla Sergeevna
postgraduate student of the O. E. Kutafin Moscow State Law University (MSAL), leading legal adviser at the League of Law LLC
PRINCIPLES OF MANAGEMENT IN COMMERCIAL AND NON-COMMERCIAL ORGANIZATIONS: COMPARATIVE LEGAL ANALYSIS
Тhe practice of applying management principles in commercial and non-profit organizations is only being formed, therefore, the study of the general characteristics and identification of the features of management principles in commercial and non-profit organizations is an important and urgent task for the civil law doctrine on the issue of management in legal entities. It seems scientific and educational to conduct a comparative legal analysis of management principles in relation to commercial and non-profit organizations. In this regard, management principles in commercial and non-profit organizations require careful differentiation and understanding in the Russian doctrine, legislation and judicial practice.
Keywords: legal principles, management principles, commercial organizations, non-profit organizations, internal corporate democracy, voluntary membership, good faith and reasonableness.
Article bibliography
1. Vavilin E. V. Principles of civil law. Mechanism for the implementation and protection of civil rights. – Saratov: State Educational Institution of Higher Professional Education “Saratov State Law Academy”, 2012. – P. 200-201.
2. Gataulina L. F. Concept and general principles of implementation of corporate rights // Bulletin of SSLA. – 2015. – No. 4 (105). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ponyatie-i-obschie-printsipy-osuschestvleniya-korporativnyh-prav (date of access: 01.08.2024).
3. Kozhevnikov S. N., Kuznetsov A. P. General legal and industry principles: a comparative analysis // Jurist. – 2000. – No. 4. – P. 64.
4. Solovieva S. V. Comparative analysis of principles of management of non-profit organizations with and without membership / / Journal of Russian Law. – 2013. – No. 4 (196). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sravnitelnyy-analiz-printsipov-upravleniya-nekommercheskimi-organizatsiyami-imeyuschimi-i-ne-imeyuschimi-chlenstvo (date of access: 01.08.2024).
5 . Yurova I. O. Principles of implementation of corporate rights // Legal policy and legal life. – 2018. – No. 1. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/printsipy-osuschestvleniya-korporativnyh-prav (date of access: 08/01/2024).
CIVIL LAW
TRANKALAN Fedor Ivanovich
postgraduate student of Civil law and process and international private law sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
PECULIARITIES OF LEGAL RELATIONS BETWEEN THE PARTIES TO ENERGY SUPPLY AND ELECTRICITY PURCHASE AND SALE AGREEMENTS
This article examines both the specifics of legal relations arising between the parties to contracts for the sale and purchase of electric energy and energy supply contracts, and the legal specifics of these contracts.
The author highlights the distinctive features of these contracts, and also distinguishes between the concepts of a subscriber and a buyer of electric energy, based on the type of contract concluded .
Within the framework of this study, the importance of the institution of contractual relations in the field of electric energy supply is highlighted and, in turn, the negative consequences and problems associated with the consumer’s failure to comply with the energy resource consumption regime are reflected.
Keywords: energy law, energy supply agreement, electricity purchase and sale agreement, subscriber, electricity consumer.
Article bibliography
1. Akimov L. Yu., Gadzhiev G. A. On the property of electricity // Entrepreneurial law. – 2022. – No. 3. – P. 3-12. – DOI 10.18572/1999-4788-2022-3-3-12. – EDN GKGLMS.
2. Inshakova A. O., Frolova E. E., Marchukov I. P. TNCs as subjects of economic activity and lawmaking in the sphere of Foreign trade in energy resources // Energy sector: a systemic analysis of economy, foreign trade and legal regulations. Cham. – Switzerland: Springer Verlag, 2019. – P. 151-171. DOI 10.1007/978-3-319-90966-0_11. EDN PJZFPB.
3. Maleina M. N. Subscription Agreement. Commentary on Article 429.4 of the Civil Code of the Russian Federation // Civil Law. – 2020. – No. 5. – P. 3-7.
4. Koval A. V. On Some Issues of Protecting Public Interests in the Consideration by Arbitration Courts of Disputes Arising from Energy Supply Agreements // Bulletin of the Arbitration Court of the Moscow District. – 2024. – No. 1. – P. 123-133. – DOI: 10.46279/ASMO.2024.63.43.008.
5. Gorodov O. A., Semenovich K. S. Limits of liability of the guaranteeing supplier for the actions of third parties under the energy supply agreement // Entrepreneurial law. – 2022. – No. 3. – P. 13-17. – DOI: 10.18572/1999-4788-2022-3-13-17.
6. Frolova N. M. Non-contractual and unaccounted consumption of electric energy and the consequences of its detection // Bulletin of the O.E. Kutafin University (MSAL). – 2021. – No. 11 (87). – P. 185-193. – DOI 10.17803/2311-5998.2021.87.11.185-193. – EDN TJAAWP.
7. Trubetskaya A. A. On the issue of abuse of rights in collecting the cost of non-contractual consumption of electric energy from the consumer by the guaranteeing supplier // Energy law: models and development trends: Collection of materials of the II international scientific and practical conference, Belgorod, November 12-13, 2020 / Edited by A. V. Gabov. – Belgorod: Publishing house “Belgorod”, 2021. – P. 189-191. – EDN BSQVPH.
8. Stepenko V. E., Kovalevskaya O. Yu. The procedure for bringing to justice for unaccounted energy consumption in the energy supply sector // Economic justice in the Russian Far East. – 2022. – No. 2 (25). – P. 16-24. – EDN QNJBXI.
9. Simvolokov O. A. Liability for Breach of Contractual Obligations in the Electric Power Industry // Journal of Russian Law. – 2018. – No. 5. – P. 63-74. – DOI: 10.12737/art_2018_5_7.
CIVIL LAW
FOKIN Anton Yurjevich
postgraduate student of Civil law and process and private international law sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
HISTORICAL AND LEGAL ANALYSIS OF CERTAIN ASPECTS OF THE PROPERTY OF RELIGIOUS ORGANIZATIONS
The peculiarities of the legal nature of this subject of research create the need for a more careful study of the legal regime of religious property, which determines the essence and turnover of such property. Historically, the legal regime of religious property is determined by two types of norms. It is customary to distinguish two types of regulations. The first of them is the classic version-normative legal regulation, in which public authorities issue acts of an authoritative nature, the scope of which covers an indefinite circle of persons. The second type of regulatory is the lex canonica. In this regard, the author analyzes some historical and legal aspects of the concept, nature and essence of the property of religious organizations on the example of church property of the Russian Empire.
Keywords: religious organizations, religious property.
References
1. Tupikin R. V. Domestic pre-revolutionary scientific thought about property for religious purposes / Ed. by M.N. Kuznetsov. – M.: Buki Vedi, 2017 @@ Tupikin R. V. Domestic pre-revolutionary scientific thought on the nature and meaning, essence and limits of religious property, determinants and limits of its protection and protection // Law and education. – 2017. – No. 3.
2. Zavyalov A. A. The question of church estates under the Empresses of Yekaterinburg II. – St. Petersburg: A.P. Lopukhin Printing House, 1990.
3. Berdnikov I. S. A short course in the Church law of the Orthodox Church. Ed. 2nd, reworked. and additional. – Kazan: Type-lit. Imperial University, 1903. – 333 p. – S. IV, VI.
4. Sokolov P. P. Church Property Law in the Greco-Roman Empire: The experience of historical and legal research: Dissertation for a master’s degree. – Novgorod: I. I. Ignatovsky Printing House, 1896. – 300 p.
5. Yerofeyev K. B. The legal status of religious cemeteries [Electronic resource]. – Access mode: http://www.advokaterofeev.ru/publikazyi/3 / (accessed: 05/02/2018).
6. Kuznetsov N. D. On the issue of Church property and the state’s attitude to Church real estate in Russia: Report tothe ivth department of the Pre-Council Presence // Theological Bulletin. – Sergiev Posad. – Moscow, 1907. – 142 s
7. Suvorov N. S. Textbook of Church law. – M.: Printing house of A. I. Snegireva, 1908.
CIVIL LAW
KHANCHUKAEVA Luiza Aptievna
postgraduate student of Business law sub-faculty of the Faculty of Law of the M. V. Lomonosov Moscow State University
LEGAL APPROACHES TO THE DETERMINATION OF COLLECTIVE ABUSE OF DOMINANT POSITION BY DIGITAL PLATFORMS OPERATORS
The valid Russian antitrust law provides a special criteria system for determining digital platform operator’s dominant position. At the same time, the provisions of Article 10.1 of the Federal Law of 07/26/2006 No. 135-FZ “On Protection of Competition” are formulated exclusively to identify the “sole” dominant position of digital platform operator.
However, in the context of the intensification of the activities of platform business operators and the strengthening of their possible influence on free and fair competition through the abuse of a dominant position in digital markets, the problem of determination of collective dominant position of digital platform operators on the basis of the classical legal approach provided for in Part 3 of Article 5 1 of the Federal Law of 26.07 .2006 No. 135-FZ “On Protection of Competition” is becoming relevant, which necessitates a doctrinal study of the possibility and admissibility of applying these legal norms to participants in digital markets.
Keywords: dominant position, collective dominance, collective dominant position, digital platform, digital market.
Article bibliography
1. Ashfa D. M. Anti-competitive practices in digital markets and legal ways to suppress them // Journal of Russian Law . – 2024. – No. 4. – P. 89-102.
2. Bashlakov-Nikolaev I. V. On “collective” or multi-subject dominance and why do we understand it as joint? / In the collection Current issues of modern competition law: collection of scientific papers / D. M. Ashfa, I. V. Bashlakov-Nikolaev, O. A. Belyaeva, and others; editor-in-chief M. A. Egorova. – M.: Yustitsinform, 2019. – Issue 3. – P. 89-104.
3. Bashlakov-Nikolaev I. V. On the legal positions of the Plenum of the Supreme Court of the Russian Federation dated 03/04/2021 No. 2 on the issue of applying the institution of collective dominance (theses speeches at the scientific and practical conference “Public and legal conditions of civil turnover: tax and antimonopoly aspects”. Venue: RF CCI, Ilyinka street 6/1, building 1. March 12, 2021) // Competition law. – 2021. – No. 2. – P. 19-23.
4. Bashlakov-Nikolaev I. V., Maksimov S. V. Collective dominance: is individual abuse of the dominant position of the “collective” of dominants possible? // Competition Law . – 2020. – No. 2. – P. 13-17.
5. Borzilo E. Yu. Evolution of the definition of “dominant position” in Russian antitrust legislation // Law. – 2018. – No. 10. – P. 120 -126.
6. Zanina M. A. Collisions of legal norms of equal legal force (concept, reasons, types). – M.: RAP, 2009. – 134 p.
7. Klein N. I. Antimonopoly legislation and legislation on natural monopolies: problems of application and further improvement // Law and Economics. – 1998. – No. 1.
8. Knyazeva I. V., Chirikhin S. N. Actual issues of conducting analysis of the state of competition in commodity markets (methodological commentary): monograph. – Novosibirsk: Publishing house of NSTU, 2020. – 291 p.
9. Maslov A. O. Modern concepts of market power in competition law: Russian and foreign experience // Russian competition law and economics. – 2024. – No. 1. – P. 34-42.
10. Migitko O. V. Collective dominance: lack of evidence and understatement // Competition and law. – 2010. – No. 1. – P. 8-14.
11. Parashchuk S. A. The right to free competition as a legal principle and subjective right // Problems of implementing the principles of law in entrepreneurial activity: monograph / V.K. Andreev, L. V. Andreeva, K. M. Arslanov, et al.; editors V. A. Vaipan, M. A. Egorova. – M.: Yustitsinform, 2016. – 340 p.
12. Petrov D. A. Legal means of contractual self-regulation in the sphere of competitive relations // Jurist. – 2014. – No. 5. – P. 13-17.
13. Entrepreneurial law of Russia: a look into the future: scientific school of entrepreneurial law of Moscow State University: monograph / ed. E. P. Gubin, Yu. S. Kharitonova; Lomonosov Moscow State University. – M.: Yustitsinform, 2024. – 520 p.
14. Shastitko A. E., Ionkina K. A. Chimera of domestic antitrust: the institute of collective dominance in Russia // Questions of Economics. – 2021. – No. 7. – P. 68-88.
15. Easterbrook F. H. The Limits of Antitrust // Texas Law Review. – 1984. – Vol. 63. – Pp. 1-41.
CIVIL LAW
TOLMACHEV Roman Sergeevich
postgraduate student of the 1st year in the direction of “5.1.3. Private Law (Civil Law) Sciences of the Institute of Legislation and Comparative Law under the Government of the Russian Federation
EXERCISE AND RESTRICTION OF CIVIL RIGHTS: PECULIARITIES ILLUSTRATED BY THE EXCLUSIVE RIGHT
This article is dedicated to researching the main ideas about the implementation and restriction of civil rights, as well as studying the legal essence and key features of legal limitations. The material explores legal constraints in the general process of legal regulation, with particular attention given to the specifics of exercising exclusive rights and their limitations. The author analyzes the aims (conditions), legal instruments, grounds, principles, and procedures for applying legal limitations on exclusive rights. Special emphasis is placed on the peculiarities of legal regulation of compulsory licensing, and the perspectives for its development and improvement are discussed.
Keywords: restriction of civil rights, implementation of civil rights, cases of restricting exclusive rights, intellectual property, fair use, compulsory licensing, economic sanctions.
Article bibliographic list
1. Agarkov M. M. The problem of abuse of rights in Soviet civil law // Izvestiya of the USSR Academy of Sciences. Department of Economics and Law. 1946. No. 6. P. 436.
2. Volkov A. V. Theory of the concept “Abuse of civil rights”. Volgograd: Stanitsa-2, 2007. 352 p.
3. Gribanov V. P. Limits of the implementation and protection of civil rights. Moscow, 1972. P. 37.
4. Durnovo N. A. Abuse of law as a special type of legal behavior (theoretical and legal analysis): diss. … Cand. of Law: 12.00.01. N. Novgorod, 2006. 170 p.
5. Malinovsky A. A. Abuse of subjective right as a legal phenomenon: diss. … Doctor of Law: 12.00.01. M., 2009. 404 p.
6. Nersesyants V. S. Philosophy of Law: Textbook for Universities. M.: Infra-Norma, 1997. P. 46.
7. Novitsky I. B., Novitsky I. B., Peretersky I. S., et al. Roman private law: Textbook / Edited by I. B. Novitsky, I. S. Peretersky. M.: Jurist, 2004. 544 p.
8. Novitsky I. B. The principle of good conscience in the draft law of obligations // Bulletin of civil law. 2006. No. 1. P. 165-168.
9. Porotikova O. A. The Problem of Abuse of Subjective Civil Rights. Moscow: Wolters Kluwer, 2007. 256 p.
10. Serebrovsky V. I. Issues of Soviet Copyright. Moscow, 1956. P. 22; Pilenko A. A. The right of the inventor. M., 2001; Jermakyan V. Yu. Commentary on Chapter 72 “Patent Law” of the Civil Code of the Russian Federation // SPS “Garant”.
11. Sinitsyn S. A., Gutnikov O. V. Protection of exclusive rights to inventions used in medicinal products: Problems of legal regulation and directions for improving legislation: monograph / A.A. Ayurova, O.V. Gutnikov, S.A. Sinitsyn, et al.; ed. O.V. Gutnikov, S.A. Sinitsyn. Moscow: IZiSP, CONTRACT, 2019. 208 p.
12. Sukhanov E. A. Civil law: textbook: in 4 volumes / Responsible. editor E. A. Sukhanov. – 2nd ed. revised and enlarged. Moscow : Statut, 2019. P. 460.
13. Fichte I.G. Works: In 2 volumes. St. Petersburg, 1991. T. 2. P. 285-286.
14. Koikkara S.-E. Der Patentschutz und das Institut der Zwangslizenz in der Europäischen Union. Tübingen, 2010. S. 222.
15. Nuno Pires de Carvalho. The TRIPS Regime of Patent Rights. Kluwer Law International, 2010. P. 339.
CIVIL LAW
SHAKHMILOVA Madina Gadzhimagomedovna
student of the magistracy program “Actual problems of civil law” of the Institute of Law of the Dagestan State University, Makhachkala
GUSEYNOVA Larisa Vagidovna
Ph.D. in Law, associate professor of the Institute of Law of the Dagestan State University, Makhachkala
THE FORMATION OF THE INSTITUTION OF DEBT FORGIVENESS
The article discusses the trends in the formation of the institution of debt forgiveness. The prerequisites for the development of the institution of debt forgiveness in the system of Roman law, as well as its current position in the system of civil law of the Russian Federation, are shown. The author also substantiates the need to develop and fix rules (recommendations ) legal regulation of the named element of the legal system.
Keywords: debt forgiveness, acceptance, stipulation, Roman law, German Code of Civil Law, French Civil Code, Civil Code.
Bibliographic list of articles
1. Dernburg G. Pandects: Law of Obligations: a textbook // Third Russian edition. Volume 3. – Moscow, 1907. – 177 p.
2. Kanaev A. V. Credit obligations in the system of Roman private law // Scientific journal: “Pages of history” – 2007. – 74 p.
3. Egorova M.A. Debt forgiveness: a new look at old problems // “Legal world”, volume 2. – Moscow: Jurist, 2012. -35 p.
4. Kudinov O. A. Roman law: a textbook. – Moscow: Publishing and trading corporation “Dashkov i K”, 2013. – 74 p.
5. Servetnik A. A. Debt forgiveness in the civil law of foreign states: a scientific article. // Saratov: Bulletin of the Saratov State Law Academy. – 2012. – No. 6. – 94 p.
6. Karapetyan A. G. Contractual and obligatory law (general part): article-by-article commentary to Art. 307-453 of the Civil Code of the Russian Federation / Responsible. editor Karapetyan. A. G. – Moscow: Publishing center: “Logos”, 2017. – 873 pp.
CIVIL LAW
YASTREMSKIY Ivan Anatoljevich
Lawyer of the Leningrad regional bar association, branch of the Law Firm “Pelevin and Partners”
THE SUBJECT OF THE CONTRACT FOR THE PROVISION OF PAID MEDICAL SERVICES IN THE FIELD OF PLASTIC SURGERY, THE CONSEQUENCES OF ITS LEGAL UNCERTAINTY AS AN ESSENTIAL CONDITION OF THE CONTRACT
It is established that disclosure of the subject of the contract implies a clear indication of the action (activity) of the contractor (medical clinic), as well as the volume and quality of services provided to the patient. The subject may include the provision of services in full, according to the standard of medical care, or, conversely, conducting additional research, procedures not provided for by the standard, in which the client is interested. In the absence of a clear list of services to be provided in the contract, the subject of the contract is considered uncoordinated, and the contract is not concluded. It is proven that during plastic surgery, the result that the contract is aimed at is not always achievable. It should be taken into account that it is not possible to provide for all patients a specific, strictly limited amount of actions during surgery.
Keywords: contract, contract for the provision of medical services, subject of the contract, services, medical services, plastic surgery.
Article bibliographic list
1. Grishaev S. P. Commentary on the legislation on paid services. – M., 2017.
2. Grishaev S. P. The concept of a contract for the provision of medical services for a fee // SPS ConsultantPlus, 2017.
3. Deriuga N. N. Terms of the contract for the provision of medical services // Young scientist. – 2018. – No. 46 (232).
4. Zograbyan T. A. Analysis of the essential terms of the contract for the provision of medical services for a fee // Vector of Science of Togliatti State University. Series: Legal Sciences. – 2017. – No. 3 (30).
5. Plotnikova A. V. Concept and legal characteristics of the contract for the provision of medical services for a fee. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ponyatie-i-yuridicheskaya-harakteristika-dogovora-vozmezdnogo-okazaniya-meditsinskih-uslug?ysclid=lofxb1veic886839734.
6. Salygina E. S. Contractual regulation of relations in the field of provision of paid medical services. – Ekaterinburg, 2016.
7. Starchikov M. Yu. Civil law regulation of relations in the field of health care: problematic issues and judicial practice: scientific and practical manual // SPS ConsultantPlus. – 2022.
8. Starchikov M. Yu. Legal minimum of a medical worker (doctor). – M.: Geotar-Media, 2017.
CIVIL PROCEDURE
SMETANIN Anton Igorevich
lawyer, in 2007 graduated from the Faculty of Law of the M. V. Lomonosov Moscow State University
CORPORATE CONFLICT BETWE EN PARTICIPANTS WITH EQUAL DISTRIBUTION OF SHARES: LAW-FORMING PRACTICE OF THE SUPREME COURT OF THE RUSSIAN FEDERATION
The mechanism of the institution of exclusion from the membership of participants of a legal entity in the conditions of a corporate conflict between participants with equal distribution of shares is hard to realize in practice due to the reluctance of courts to interfere in the content of corporate disagreements of participants. Meanwhile, the resolution of such corporate conflicts is especially important, as it harms the legal entity, blocking its normal activities, and the other participants. In this regard, the position of the Supreme Court of the Russian Federation considered in this article, aimed at resolving these problem and orienting lower instances to dive into the actual meaning of the corporate conflict, rather than its formal resolution, is particularly relevant.
Keywords: exclusion from the membership of participants, corporate conflict, equal participants.
Article bibliographic list
1. Abdulkadirov T. Forced exclusion of a participant from a non-public company. – M .: Yustitsinform, 2021. – 164 p.
2. Gutnikov O. V. Exclusion of a participant in a legal entity: measure of liability and method of protecting corporate rights // Bulletin of Economic Justice of the Russian Federation. – 2015. – No.2. – P. 102-127.
3. Kuznetsova L. V. Exclusion of a participant from a limited liability company // Bulletin of the Supreme Arbitration Court of the Russian Federation. – 2006. – No. 9. – P. 6.
4. Mogilevsky S. D., Egorova M. A. Corporate protection as a reflection of the essence of corporate rights // Civil law. – 2015. – No. 1. – P. 3-6.
5. Filippova S. Yu. Exclusion of a participant from a business partnership or company as a legal means: assessment of the legal purposes of use // Entrepreneurial law. – 2015. – No. 1. – P. 18-24.
CIVIL PROCEDURE
SMETANIN Anton Igorevich
lawyer. In 2007 graduated from the Faculty of Law of the M. V. Moscow State University
SUSPENSION OF THE EXERCISE OF RIGHTS OF A FOREIGN HOLDING COMPANY: PROCEDURAL PECULIARITIES OF CONSIDERATION OF A NEW CATEGORY OF CASES
The legal system of any state is directly or indirectly influenced by each of the spheres of social life. As a result, changes occurring in one sphere require updating of legal regulation both in terms of substantive and procedural-legal components closely related to it. This article is devoted to the changes that have taken place in the Russian procedural-legal regulation of consideration and settlement of corporate disputes in connection with the appearance of a new category of cases to which the author of the article considered it necessary to draw the reader’s attention.
Keywords: exclusion from participation, suspension of corporate rights, foreign holding company, economically significant organization, procedural peculiarities.
Article bibliography
1. Andreev V.K. On indirect and direct ownership of shares (stakes) of an economically significant organization // Law and Economics. – 2024. – No. 1. – P. 50-54.
2. Andreev V.K., Laptev V.A. Corporate law of modern Russia: monograph. – 3rd ed., revised. and add. ed. – M.: Prospect, 2023. – 432 p.
3. Berg L. N. Judicial discretion and its limits (general theoretical aspect): dis. … candidate of legal sciences: 12.00.01. – Ekaterinburg, 2008. – 202 p.
4. Kuznetsova L. V. Exclusion of a participant from a limited liability company: practice of applying current legislation. – M.: Yustitsinform, 2008. – 160 p.
5. Kuznetsova N., Krokhmalnaya I. Russian beneficiaries will be able to take direct ownership of shares/stakes in economically significant organizations // EZh-Bukhgalter. – 2023. – No. 40. – P. 11-15.
6. Laptev V. A. Corporate law: legal organization of corporate systems: monograph. – M.: Prospect, 2019. – 384 p.
7. Treushnikov A. M. Formation of the institute of interim measures in arbitration proceedings // Notes on modern civil and arbitration procedural law / Ed. M. K. Treushnikov. – M., 2004. – P. 258.
LABOR LAW
DOVGAN Kseniya Evgenjevna
Ph.D. in Law, associate professor, leading researcher of the Altai State University, Barnaul
NOVIKOVA Yuliya Alexandrovna
Ph.D. in Law, associate professor of Land, labor and environmental law of the I. T. Trubilin Kuban State Agrarian University, Krasnodar
TRADE UNIONS OF PERSONS WITH PLATFORM EMPLOYMENT: CURRENT LEGAL REGULATION AND PROSPECTS FOR ITS CHANGE
The article analyzes the norms of international law and Russian legislation on trade unions, draws conclusions about the possibility of creating trade unions uniting people with platform employment, about the powers of such associations, and notes the problems of legal regulation caused by the formation and functioning of the gig economy in Russia.
Keywords: legal qualification, information legal relations, digital labor platforms, platform employment, trade unions, legal casuistry.
Bibliographic list of articles
1. Mironova S. M., Litvinenko Z. G. Trade unions for self-employed and platform workers: the experience of Russia and foreign countries // Legal Bulletin. – 2023. – Vol. 8. No. 4. – Pp. 10-19.
2. Chesalina O. V. Platform employment – how to regulate in the Labor Code? // Labor law in Russia and abroad. – 2022. – No. 1. – Pp. 57-60.
FINANCIAL LAW
BUTS Sergey Borisovich
lecturer of Administrative and financial law sub-faculty of the Crimean branch of the Russian State University of Justice, Simferopol
SHKLYAR Tatyana Alexandrovna
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, Deputy Chairman of the Supreme Court of the Republic of Crimea
EVSIKOVA Elena Vitaljevna
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, Honored Lawyer of the Republic of Crimea
FINANCIAL MONITORING IN THE ARCHITECTURE OF PUBLIC FINANCIAL CONTROL IN THE CONTEXT OF DIGITAL TRANSFORMATION
The article attempts to conduct a scientific study of the theoretical aspects and problems of the implementation of legal relations in the field of financial monitoring, determining the place of financial monitoring in the architecture of financial control in the context of digital transformation. In the course of the study, the authors reveal the concepts of “public financial control in the context of digital transformation”, “financial monitoring”, “tax monitoring”, explore and study their features. Based on the research conducted, the authors develop their own definition of the understanding of the category “financial monitoring” and its place in the architecture of financial control.
Keywords: public financial control; digital transformation; financial monitoring; tax monitoring.
Article bibliographic list
1. Gladkikh A. A. Problems of building a system of subjects of financial monitoring in the Russian Federation // Financial Law and Management. – 2019. – No. 1. – P. 1-10.
2. Dolbnya A. A. Development of the financial monitoring system of the Russian Federation // Bulletin of NSUEM. – 2019. – No. 1. – P. 206-222.
3. Sintsova E. A . Financial monitoring: a set of definitions // Fundamental research. – 2023. – No. 7. – P. 50-57.
4. Proshunin M. M. Financial monitoring as a type of financial control / // Bulletin of Tomsk State University. Law . – 2010. – P. 105-108.
5. Evsikova E. V., Buts S. B. Ensuring the security of financial legal relations in the context of digital transformation of financial control // Eurasian Law Journal. – 2024. – No. 3 (190 ). – P. 269-271.
6. 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. – V. 9 (75). No. 3. – P. 224-236.
7. Zapolsky S. V., Vasyanina E. L. Digitalization of financial control: legal regulation // Legal informatics. – 2022. – No. 3. – P. 4-12.
FINANCIAL LAW
BYKOVA Marina Vladimirovna
Ph.D. in Law, associate professor of Financial, customs and banking law sub-faculty of the Samara branch of the Moscow City Pedagogical University
FEATURES OF FINANCIAL AND LEGAL LIABILITY OF INSURANCE ACTIVITIES IN RUSSIA
The article discusses the features of financial and legal liability of insurance activities in Russia. Financial law is a relatively new element of the Russian legal system, which causes the lack of elaboration and discussion of many issues of this area of legal activity. Discussions are currently underway on whether financial and legal liability can be considered as a separate type of legal liability or whether it is only a separate element of other types of legal liability. It should be noted that insurance organizations are an important element of the modern financial system, and the consistency and integrity in conducting insurance activities (especially in the field of compulsory insurance) determine special attention to the level of financial and legal responsibility of insurance organizations.
Keywords: insurance activity, financial and legal responsibility, financial law, compulsory insurance, financial sanctions.
Article bibliography
1. Veremeyenko I. I. On the issue of financial and legal and administrative and legal responsibility in Russian law // Law and Management. XXI century. – 2018. – P. 42-48.
2. Voikova V. A. The concept of legal and financial-legal liability // Issues of modern jurisprudence. – 2019. – P. 115-122.
3. Gorlova E. N. Legal nature of financial and legal liability and its relationship with other types of legal liability. – 2017. – P. 22-29.
4. Musatkina A. A. Financial liability as a type of legal liability // Journal of Russian Law. – 2005. – No. 10 (106). – P. 62-67.
5. Tomilin O. O. Administrative liability of legal entities for offenses in the financial sphere: author’s abstract… diss. candidate of legal sciences. – Saratov, 2013.
ECOLOGICAL LAW
KLYUKANOVA Larisa Gennadjevna
Ph.D. in Law, associate professor of Legal protection of environment sub-faculty of the Law Faculty of the St. Petersburg State University
OBJECTS OF THE ENVIRONMENTAL LEGAL RELATIONSHIPS
The article deals with the analysis of the general theoretical, technical-legal and ecological-legal concepts that substantiatethe notion and the content of the legal category of the “objects of environmental legal relationships”. The “objects of environmental legal relationships” are defined as elements of environmental legal social relations endowed with value characteristics, regulated by the norms of current legislation, to which the rights and obligations of subjects of legal environmental relationships are directed. Their classification includes environmentally significant: objects of the material world, intangible benefits, personal intangible benefits, activities and its results. The research analyzes the content, characteristics, structure, types, and possible classifications of objects of environmental legal relationships, and also the correlation of the concept of “objects of environmental legal relationships” with such legal categories as “objects of subjective rights” and “environmental interest» is considered.
Keywords: objects of the Environmental legal relationships, Environmental legal relationship, Environmental Law, subjective rights, environmental interest.
Article bibliography
1. Alekseev S. S. On the object of law and legal relations // Questions of the general theory of Soviet law. Collection of articles. – M.: Gosyurizdat, 1960. – P. 284-308.
2. Alekseev S. S . Problems of the Theory of Law. In 2 volumes. – Sverdlovsk: Publishing House of the Sverdlovsk Legal Institute, 1972-1973. – V. 1. – 396 p.
3. Bogolyubov S. A., Suleimenov M. K. The place of environmental law and its structural elements in the legal system // Law and state. – 2014. – No. 2(63) . – P. 60-65.
4. Brinchuk M. M. Environmental law: objects of environmental relations. – M.: Institute of State and Law of the Russian Academy of Sciences, 2011. – 151 p.
5. Brinchuk M. M . Environmental Law: Textbook for Universities. – M.: Eksmo, 2009. – 668 p.
6. Vasilyeva M. I. Public Interests in Environmental Law. – M.: Moscow State University Publishing House, 2003. – 424 p.
7. Volkov G. A. Levels of Normative Regulation of Environmental Relations // Environmental Law. – 2018. – No. 6. – P. 3-7.
8. Golichenkov A.K. Environmental law of Russia: dictionary of legal terms: Textbook for universities. – M.: Publishing House “Gorodets”, 2008. – 429 p.
9. Gribinechenko L.O. Signs of civil legal relations with multiple persons. – Law and Politics. – 2017. – No. 4. – P. 25-35.
10. Dudin A. P. Object of legal relations (theoretical issues). – Saratov, 1980. – 81 p.
11. Eliseev V. S. On the problem of expanding the subject of faunistic law // Agrarian and land law. – 2019. – No. 11. – P. 128-132.
12 . Ermolaeva E. V. Object of legal relationship: historical and theoretical research: author’s abstract. dis. … candidate of legal sciences: 12.00.01. – Kazan, 2004. – 27 p.
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18. Mironov V. O., Zin N. V. The problem of the essence of the object of legal relations // Agrarian and land law. – 2019. – No. 4 ( 172). – P. 79-81.
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24. Kharkov V. N. Problems of ensuring environmental safety and environmental well-being in the context of threats to national security // Environmental law. – 2023. – No. 2. – P. 23-26.
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ENTREPRENEURIAL LAW
KUDINOV Sergey Vladimirovich
postgraduate student of the Russian StateSocial University
THE NECESSITY TO PROTECT THE RIGHTS AND INTERESTS OF ENTREPRENEURS IN THE CONDITIONS OF MODERNIZATION OF THE RUSSIAN ECONOMY
In the article, the author examines the feasibility of protecting the rights and interests of entrepreneurs in modern economic conditions in Russia by the state, as well as the need for protection by entrepreneurs. The challenges faced by entrepreneurs in the process of doing business are analyzed, including administrative barriers, corruption and imperfect legislation. Particular attention is paid to the role of the state in creating a favorable business climate and ensuring effective protection of the rights of entrepreneurs. Recommendations are offered for improving mechanisms for protecting the rights and interests of entrepreneurs, aimed at stimulating innovation, developing competition and strengthening the position of small and medium-sized businesses.
Keywords: civil rights, interests , protection of rights and interests, business activity, state, economy, competitiveness, legislation, judicial protection, rules of law, effectiveness of protection.
Article bibliography
1. Komolov A. L. Features of credit legal relations beyond the perimeter of RF Government Resolution No. 428 of April 3, 2020 // Entrepreneurial law. Appendix “Law and Business”. – 2020. – No. 3. – P. 7-13.
2. Volodina K. S. Problems of realization of the constitutional right of citizens to entrepreneurial and other economic activities not prohibited by law during the coronavirus pandemic (COVID-2019) // Constitutional and municipal law. – 2021. – No. 2. – P. 24-27.
3. Ruchkina G. F. Legal regulation of “green” financing for the purposes of sustainable development of the Russian Federation // Banking law. – 2023. – No. 4. – P. 7-15.
4. Order of the Ministry of Industry and Trade of Russia dated 07/21/2023 No. 2701 (as amended on 01/16/2024) “On approval of the list of goods (groups of goods) for which no the provisions of Articles 1252, 1254, paragraph 5 of Article 1286.1, Articles 1301, 1311, 1406.1, subparagraph 1 of Article 1446, Articles 1472, 1515 and 1537 of the Civil Code of the Russian Federation shall apply, provided that the specified goods (groups of goods) are put into circulation outside the territory of the Russian Federation copyright holders (patent holders), as well as with their consent” (Registered with the Ministry of Justice of Russia on 04.08.2023 No. 74633) (with amended and supplemented, effective from 08.05.2024). – [Electronic resource]. – Access mode: http://pravo.gov.ru, 04.08.2023.
5. Information message of the Bank of Russia dated 04/26/2024 “The Bank of Russia has decided to keep the key rate at 16.00% per annum” // Bulletin of the Bank of Russia. – 2024. – No. 16.
6. Analytical note of the Central Bank of the Russian Federation: Russian manufacturing industry under sanctions: results survey of enterprises. – [Electronic resource]. – Access mode: https://cbr.ru/Content/Document/File/154320/analytic_note_20230926_dip.pdf (date of access: 06/25/2024).
7. Resolution of the Government of the Russian Federation of 04/03/2020 No. 438 (as amended 14.09.2020) “On the specifics of implementing state control (supervision), municipal control in 2020 and on amending paragraph 7 of the Rules for the preparation by state control (supervision) bodies and municipal control bodies of annual plans for conducting scheduled inspections of legal entities and individual entrepreneurs.” – [Electronic resource]. – Access mode: http://www.pravo.gov.ru, 06.04.2020.
8. Timofeev S. V. Tax benefits in the Russian Federation: problems and shortcomings // Taxes. – 2023. – No. 2. – P. 14-17.
9. Cherdakov O.I. Russian legislation ensuring the development of industries using information and digital technologies // Banking Law. – 2023. – No. 4. – P. 69-76.
10. “Civil Code of the Russian Federation (Part One)” dated November 30, 1994. – No. 51-FZ (as amended on March 11, 2024) // RG. – No. 238-239. – 1994.
11. Entrepreneurial income of Russians has fallen to a 20-year minimum. At the same time, the share of social payments from the state among all cash receipts remains historically high. – [Electronic resource]. – Access mode: https://www.rbc.ru/economics/03/08/2020/5f23d56a9a7947c85ff90bb6 (access date: 06.25.2024).
12. Kompanischenko N. How much Russian companies have lost due to sanctions / / Tinkoff Magazine. – [Electronic resource]. – Access mode: https://journal.tinkoff.ru/news/rus-sanctions-losses/ (date of access: 06.25.2024).
13. Results of the survey “Consequences of the introduction of sanctions for Russian business” // Official website. Russian Union of Industrialists and Entrepreneurs. – [Electronic resource]. – Access mode: https://rspp.ru/activity/analytics/rezultaty-oprosa-posledstviya-vvedeniya-sanktsiy-dlya-rossiyskogo-biznesa (date of access: 06.25.2024).
14. Courts declared a record 350.8 thousand Russians will bankrupt in 2023 // Kommersant newspaper. – [Electronic resource]. – Access mode: https://www.kommersant.ru/doc/6507342 (date of access: 06.25.2024).
15. Tsepelev K. V., Chernyavsky D. O. Problems of countering the obstruction of legitimate business or other activities by criminal means // Business Security. – 2020. – No. 6. – P. 27-31.
16. But N. D., Egupov D. A. Protection by the prosecutor of the rights of entrepreneurs in the field of administrative jurisdiction // Bulletin of the University of the Prosecutor’s Office of the Russian Federation. – 2023. – No. 6. – P. 36-45.
17. Nevidailo L. K., Ryabov A. A. Protection and protection of the rights of entrepreneurs in the control and supervisory sphere // Law. – 2021. – No. 5. – P. 40-47.
18. Chelysheva N. Yu. Protection of the rights of entrepreneurs in the conditions of application by the state of measures limiting the freedom of economic activity // Economy and Law. – 2023. – No. 9. – P. 17-31.
19. “The Constitution of the Russian Federation” (adopted by popular vote on December 12, 1993, with amendments approved during the all-Russian vote on July 1, 2020) (ed . October 3, 2022) // The official text of the Constitution of the Russian Federation, as amended on March 14, 2020, was published on the Official Internet. – [Electronic resource]. – Access mode: http://www.pravo.gov.ru, 04/07/2020.
20. Decree of the Government of the Russian Federation dated November 29, 2023, No. 2028 “On approval of the Rules for labeling sturgeon caviar and salmon caviar (red caviar) by means of identification and the specifics of the implementation of the state information system for monitoring the circulation of goods subject to mandatory labeling by means of identification, in relation to sturgeon caviar and caviar salmon (red caviar).” – [Electronic resource]. – Access mode: http://pravo.gov.ru, 11/30/2023.
21. Pogontseva E. How the industry responded to the publication of the Rules for Mandatory Labeling of Veterinary Medicines. Running time // Pharmaceutical Bulletin. – 2024. – No. 3.
22. Golubenko O. A., Finaenova E. V., Svekolnikova O. Y., Timush L. G., Shevchenko N. V. Digitalization of labeling of consumer goods // Industry: economics, management, technology. – 2020. – No. 3 (82). – [ Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/tsifrovizatsiya-markirovki-potrebitelskih-tovarov (access date: 06.25.2024).
23. Marinchenko T. E. Factors influencing dairy cattle breeding // Effective animal husbandry. – 2020. – No. 5 (162). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/faktory-vliyaniya-na-molochnoe-skotovodstvo (access date: 06.25.2024).
BUSINESS LAW
SOGOYAN Diana Pargevna
postgraduate student of Entrepreneurial and corporate law sub-faculty of the O. E. Kutafin Moscow State Law University (MSAL)
ON THE ISSUE OF THE MODEL OF COMPETENCE OF THE MEETING OF CREDITORS IN A BANKRUPTCY CASE
The article analyzes the legal regulation of the competence of the creditors’ meeting. It is shown that the current Russian bankruptcy legislation does not define the model of competence of the creditors’ meeting. In the presence of this gap, the Supreme Court of the Russian Federation, in fact, at its own discretion, held a meeting with the creditors with the right to make decisions on issues not directly attributed by law to its competence. conclusion that the optionality of the competence of the creditors’ meeting should be directly provided for in the law and proposes a variant of its normative consolidation.
Keywords: creditors’ meeting, exclusive competence, optionality, bankruptcy.
Article bibliography
1. Baranov V. M., Repyev A. G. General legal phenomenon of “circumvention of the law”: concept and relationship with related phenomena // Bulletin of the University of the Prosecutor’s Office of the Russian Federation Federation. – 2023. – No. 5. – P. 39-46.
2. Glushetsky A. A. Commercial corporations: types and organizational structure. – M.: Statut, 2023. – 294 p.
3. Sukhanov E. A. Research center and development of domestic civilistics // Bulletin of civil law. – 2022. – No. 1. – P. 30-44.
4. Teleshinin A. A. Decision of the general meeting of participants of business entities in Russian law: diss. … candidate of legal sciences. – M., 2023. – 243 p.
5. Shevchenko I. M. O on some issues of challenging decisions of creditors’ meetings in bankruptcy cases // Law. – 2020. – No. 9. – pp. 66-78.
ADVOCACY
MERGULCHIEV Dolgan Basangovich
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
SALDYSOV Mazan Alexeevich
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
AGREEMENT GOVERNING THE PROVISION OF LEGAL ASSISTANCE: LEGAL NATURE, CHARACTERISTIC FEATURES IN THE PRACTICE OF APPLICATION
The article discusses issues related to the legal nature, the main characteristics of an agreement between a lawyer and a principal concluded for the purpose of providing legal assistance. The purpose of this study is to identify the legal nature of the Agreement, to analyze the characteristic features of this document. The scientific novelty lies in the fact that these issues are being studied at the present stage, taking into account various transformations of legislative acts regarding the activities of a lawyer. The result of this article was an analysis of the problematic aspects of this topic, which function in issues related to the Agreement to date.
Keywords: agreement, lawyer, principal, legal assistance to the victim , law.
Article bibliography
1. Lawyer: skills of professional mastery/ Edited by L. A. Voskobitova, I. N. Lukyanova, L. P. Mikhailova. – M .: Wolters Kluwer, 2006. – P. 5.
2. Braginsky M. I., Vitryansky V. V. Contract law. Vol. 3: Contracts for the performance of work and the provision of services. – M., 2002. – P. 221-222.
3. Kligman A. V. Agency Agreement (with the participation of citizens) // Federal Chamber of Advocates of the Russian Federation. – M.: “Inform-pravo”, 2010. – P. 75.
4. Kratenko M. V. Agreement on the provision of legal assistance in modern civil legislation. – M.: Statut, 2006. – P. 71.
5. Kurepina N. L., Rubeko G. L. Legal forms of combating corruption at various stages of the development of the Russian state: historical analysis // Scientific Thought of the Caucasus. – 2020. – No. 4.
6. Lukyancev A. A., Rubeko G. L. Management of joint-stock companies at the present stage // Jurisprudence. – 2003. – No. 6.
7. Methodological tools for assessing threats to the economic security of a multi-ethnic region: monograph / Edited by prof. N. L. Kurepina . – Elista: Kalm Publishing House. University, 2020.
8. Popova D. G., Etina T. S. Representation in civil proceedings: experience of borrowing civilistic approaches // Bulletin of Omsk State University. Series: Law. – 2020. – No. 4 (49). – P. 166-175.
9. Rubeko G. L. Fight against corruption in Russia: historical aspects // Current 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, Department of the Ministry of Justice of Russia for the Republic of Kalmykia. – Elista, 2017.
10. Rubeko G. L., Katalaeva R. O., Kornilov M. V. Powers of the defense attorney in Russian criminal proceedings: current status and prospects development // Eurasian Law Journal. – 2023. – No. 5.
SPECIAL AREAS OF LAW
GRIPICH Sergey Anatoljevich
Ph.D. in Law, senior lecturer of Economics and finance of the public sector sub-faculty of the Institute of Public Service and Management of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation, lawyer, Head of the criminal practice department of the association of the Moscow Bar Association “Griffin”
LEGAL ISSUES OF USE OF STATE INFORMATION SYSTEMS
1. The purpose of this article is to analyze the legal framework of information systems.
2. The methodology used in this article is the analysis of regulatory sources, as well as scientific researches on this topic by various experts.
3. Conclusions. The Russian legislation in the development, implementation and use of information systems, including the federal target program “Electronic Russia”, highlighting the approaches of various experts to the very concept of “electronic government” are analyzed. The analysis of legal literature is carried out, highlighting the main emphasis that experts make in their research.
4. Scientific and practical significance. The issue of data protection and information security is touched upon, highlighting the relevant regulations. The absence of a unified approach to the creation, implementation and use of specific AIS in the field of state and municipal administration is noted. The article also draws attention to the presence of a relatively small number of systems with a legally significant result of information processing. The importance of preventing errors in information systems operating in the spheres responsible for the allocation of budget funds, or law enforcement agencies, was emphasized as this directly affects the majority of the country’s citizens.
Keywords: digitalization, information systems, state regulation, regulatory documentts.
Article bibliography
1. Amelin R. V. Errors in AIS in the sphere of state and municipal administration // Business and Law. – 2010. – No. 2. – P. 57-60.
2. Volchinskaya E. K. The role of the state in ensuring information security // Information law. – 2008. – No. 4. – P. 9-16.
3. Zhernova V. M. Legal regime of information systems: dis. … candidate of legal sciences. – Chelyabinsk, 2017. – 213 p.
4. Izhaev O. A., Kuteinikov D. L. Use of restricted information contained in state information systems: legal regulation of the procedure for providing information to third parties // Actual problems of Russian law. – 2023. – V. 18. No. 2. – P. 61-70. – DOI: 10.17803/1994-1471.2023.147.2.061-070.
5. Kovaleva N. N. Information law of Russia: textbook. manual. – M.: Dashkov i Ko, 2008.
6. Polyakova T. A. Improvement of information legislation in the context of transition to the information society // Journal of Russian Law. – 2008. – No. 1. – P. 62-69.
7. Ustinovich E. S., Barbashin E. A. Information competence of civil servants as a factor in optimizing information processes // Information law. – 2008. – No. 2. – P. 3.
8. Digital economy: current directions of legal regulation / Ed. by I. I. Kucherov, S. A. Sinitsyn. – M.: Norma, Infra-M, 2022. – P. 109.
CRIMINAL LAW
ABDUSALAMOVA Maryam Magomedsoltanovna
magister student of the 1st year of correspondence studies of the Institute of Law of the Dagestan State University, Makhachkala
ZEYNALOV Marat Magomedovich
Ph.D. in Law, associate professor of Criminal law and criminology sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
THEORETICAL, LEGAL AND PRACTICAL ASPECTS OF CRIMINAL LIABILITY AND PUNISHMENT
The article examines the theoretical, legal and practical aspects of criminal liability and punishment in the criminal law of the Russian Federation. Fundamental principles such as legality, justice, humanism and equality before the law are analyzed. Special attention is paid to the classification of crimes, sentencing mechanisms and circumstances that exclude the criminality of the act. Various types of punishments and their goals are described. The institutions of recidivism and exemption from criminal liability are considered. Attention is paid to compulsory medical measures and issues of the use of the death penalty. The study highlights the importance of individualizing punishment and humanizing criminal law. The article also focuses on international norms and their impact on the development of national criminal legislation.
Keywords: criminal law, criminal liability, punishment, principles of legality, recidivism, exemption from liability, death penalty, humanization.
Article bibliography
1. Bokovnya A. Yu. The goals of punishment as a reflection of its social essence // Baikal Research Journal. – 2019. – No. 3. – P. 14-15.
2. Ilyash A. V. The concept and goals of punishment: legislative aspects // Notes of a scientist. – 2020. – No. 6. – P. 81-85.
3. Nazarov S. V., Tuncik T. S. On the issue of individualization of criminal liability and its influence in the execution of sentences in the form of imprisonment // Bulletin of the St. Petersburg Law Academy. – 2023. – No. 4 (61). – P. 104-110.
4. Ovsyannikov I. V. On the purposes of punishment and the purposes of criminal-executive legislation // Bulletin of the criminal-executive system. – 2020. – No. 10 (221). – P. 42-46.
5. Romanova N. L. On the principles of criminal law // Glagoliy of justice. – 2020. – No. 1 (23). – pp. 24-27.
CRIMINAL LAW
BAGAMAEVA Jamilya Magomedalievna
Ph.D. in historical sciences, associate professor of Legal disciplines sub-faculty of the Dagestan State University, branch in Izberbash
CHARACTERISTICS OF FRIEND CRIME PREVENTION
In recent years, the problem of drug addiction in Russia has significantly increased, having a profound and comprehensive negative impact on society.
This applies not only to the social and psychological sphere, but also to the economy, political stability, public order and the health of the nation, affecting virtually all aspects of the life of the state and its citizens. Drugs and related crimes are considered one of the biggest threats to national security and public health, as well as the genetic heritage of the peoples living in the country.
Drug addiction and drug crimes know no borders, destroy the social fabric of society, contribute to the growth of crime and corruption, affecting people of all social strata, genders, religions and nationalities. Drugs have particularly severe consequences for children and young people who makeup the majority of those who are exposed to narcotic drugs.
Keywords: crime, drug addiction, health.
Article bibliography
1. Shiyanova E. Yu., Ovchinnikova T. A. Prevention of administrative offenses in the field of illegal drug trafficking // Innovative development of modern legal science: materials of the II annual scientific readings dedicated to the memory of Professor A. P. Lonchakov, Khabarovsk, March 29-30, 2018. – Khabarovsk: Pacific State University, 2018. – P. 93-99. – EDN VJXXUI.
2. On approval of the Strategy of the state anti-drug policy of the Russian Federation for the period up to 2030: Decree of the President of the Russian Federation of November 23, 2020 No. 733. – [Electronic resource]. – Access mode: https://docs.cntd.ru/document/566387046, (date of access: February 28, 2023).
3. Boyko V. P. Prevention of crimes in the sphere of illegal drug trafficking among young people // Counteracting the drug threat at the present stage: legal and socio-humanitarian aspects: Materials of the international scientific and practical seminar, Krasnoyarsk, April 21, 2023 / Responsible. editor N. N. Tsukanov. – Krasnoyarsk: Siberian Law Institute of the Ministry of Internal Affairs of the Russian Federation, 2023. – P. 96-99. – EDN ZYMKJX.
4. Fedorov S. G. Prevention of illegal drug trafficking: current status and trends // Bulletin of the Russian University of Cooperation. – 2019. – No. 3 (37). – P. 132-136. – EDN FAWSMD.
5. Pugach Yu. S., Serebryansky A. S. Actual issues of counteracting crimes in the sphere of illegal drug trafficking // Bulletin of Economics, Management and Law. – 2022. – No. 4 (61). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/aktualnye-voprosy-protivodeystviya-prestupleniyam-v-sfere-nezakonnogo-oborota-narkotikov (date accessed: 05/09/2024).
6. Federal Law of December 7, 2011 No. 420-FZ “On Amendments to the Criminal Code of the Russian Federation and Certain Legislative Acts of the Russian Federation” // Collection of Legislation of the Russian Federation. 12.12.2011 – No. 50. – Art. 7362.
7. Chukin D. S., Mallaaliev I. R. Issues of Prevention of Crimes Related to Illegal Trafficking in Narcotic Drugs and Psychotropic Substances in the Troops of the National Guard of the Russian Federation // Bulletin of the Saratov Military Institute of the National Guard Troops. – 2021. – No. 4 (4). – P. 90-94. – EDN HREMJV.
CRIMINAL LAW
VYSKREBTSEV Bogdan Sergeevich
Ph.D. in Law, associate professor of Economics and management sub-faculty of the Orsk Humanitarian and Technological Institute (branch) of the Orenburg State University
THE ORIENTATION OF THE PROCEDURAL ACTIVITY OF THE JUDGE AT THE STAGE OF PREPARATION FOR THE COURT SESSION: ISSUES OF LEGAL REGULATION
The work presents a study of the legal regulation of the stage of preparation of materials for trial. The interrelation of changes in the positions of the constitutional court and the traceable dynamics of legal changes in the actions and decisions of the judge at this stage is determined. Legislative changes, when generalized at a higher theoretical level, make it possible to solve the problem and prove that adversarial nature, the principle of presumption of innocence in a number of situations significantly complicate the judge to make a decision on the appointment of a court session or return the criminal case to the prosecutor to eliminate shortcomings, the materiality of which the law does not always determine.
The research methodology is based on the use of the dialectic of changing the legal positions of the Constitutional Court. A systemic structural method was applied – consideration of the right regulation of the judge’s actions as a legal system formed on the basis of constitutional principles. Analysis and synthesis, as general scientific methods of obtaining an increment of knowledge, were used to assess procedural legal norms and changes made. A retrospective (evaluative) analysis of the legal solutions to the problems of the stage taken by the legislator was used. The modeling method contributed to the hypothesis of a future model of legislative regulation of the stage of preparation of materials for the court session.
In conclusion, the conclusions and possible directions for the development of the legal regulation of the stage are formulated.
Keywords: the stage of preparation for the court session, significant violations, the return of the criminal case to the prosecutor.
Article bibliography
1. Azarov V. A., Nurbaev D. M. On the admissibility of worsening the situation of the accused (defendant) in the context of the legal positions of the Constitutional Court of Russia // Laws of Russia: experience, analysis, practice. 2016. No. 4. [Electronic resource]. – Access mode: https://justicemaker.ru/view-article.php?id=22&art=5874
2. Vyskrebtsev B. S. The effect of the principles of justice and adversarial nature at the stage of preparation for a court hearing: diss … candidate of legal sciences / Moscow University of Finance and Law. Orsk, 2022. 256 p.
3. Glukhova E. V., Sergeev A. B. International law and decisions of the European Court in the development of domestic criminal proceedings. Chelyabinsk, 2018
4. Zorkin V. D. The Constitution lives in the laws. Reserves for improving the quality of Russian legislation // Journal of Constitutional Justice. 2015. No. 3. P. 1-5.
5. Kalnitsky V. V. Concept and meaning of the stage of appointment and preparation of trial in criminal proceedings // Scientific Bulletin of the Omsk Academy of the Ministry of Internal Affairs of Russia. 2017. No. 4 (67). P. 34-41.
6. Ryabinina TK Discretionary powers of a judge to appoint and prepare a court hearing in light of ensuring the rights and legitimate interests of participants in the upcoming trial of a criminal case // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. 2023. No. 3. P. 157-162.
7. Ryabokonev SI, Sergeev AB Competing directions for further development of pre-trial investigation and investigation in the court of first instance // Bulletin of the Academy of the Investigative Committee of the Russian Federation. 2019. No. 1 (19). P. 110-113.
8. Sergeev AB On the issue of regulating the activities of an investigator and a defense attorney after a decision has been made to terminate criminal prosecution under Part 3 of Art. 27 Code of Criminal Procedure of the Russian Federation: legal and forensic aspects // Works of the Orenburg Institute (branch) of the Moscow State Law Academy. 2016. No. 30. P. 128-131.
9. Yaremenko N. E., Sergeev A. B. Uncertainty of legal regulation of the retrieval of materials of a criminal case when deciding on the transfer of a supervisory complaint to the Presidium of the Supreme Court of the Russian Federation (Article 412.5 of the Code of Criminal Procedure of the Russian Federation) // Law and Order: History, Theory, Practice. 2024. No. 1 (40). P. 105-111.
CRIMINAL LAW
GASANOVA Zulpat Muradovna
magister student of the 1st course of the correspondence form of education of the Institute of Law of the Dagestan State University, Makhachkala
ZEYNALOV Marat
Ph.D. in Law, associate professor of Criminal law and criminology sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
CRIMINAL LAW CHARACTERISTICS OF ABUSE OF AUTHORITY BY PRIVATE NOTARIES AND AUDITORS
This scientific article examines the abuse of authority by private notaries and auditors, their causes and consequences for the legal and financial system. Special attention is paid to the mechanisms of control and supervision of their activities, as well as measures of responsibility for violations. Specific cases of abuse and their impact on the credibility of notary and audit institutions are analyzed. Recommendations are offered on professional development and professional ethics of specialists to prevent such violations. The role of legislation in regulating the activities of notaries and auditors is considered. The article emphasizes the need for an integrated approach to ensure transparency and legality in these areas. The result is the development of effective measures to combat abuse and protect the rights of citizens and organizations. The relevance of the topic is due to the growing problems associated with unfair behavior of specialists and its negative consequences for the economy and law and order.
Keywords: abuse of authority, private notaries, auditors, control, supervision, professional ethics, legislation.
Article bibliography
1. Aliev Sh. I. The purpose as a sign of the subjective side of abuse of authority by private notaries and auditors and its criminal-law significance // Eurasian Law Journal. – 2020. – No. 9 (148). – P. 215-218.
2. Donskaya Kavelina O. G. Criminal liability of a notary // Scientific notes of the Crimean Federal University named after V. I. Vernadsky. Legal sciences. – 2020. – T. 6 (72). № 4. – P. 101-109.
3. Zhilko I. A. Abuse of authority by a private notary: the elements of the crime provided for in Article 202 of the Criminal Code of the Russian Federation // Russian law: education, practice, science. – 2020. – № 6 (120). – P. 63-67.
4. Mikhailov S. G. On the issue of abuse of authority by private notaries // Intellectual resources for regional development. – 2019. – Vol. 5. № 1. – P. 512-517.
5. Tyunin V. I. Chapter 10. Crimes against the interests of service in commercial and other organizations // Criminal law. Special part: Textbook / St. Petersburg University of the Ministry of Internal Affairs of Russia. – Saint Petersburg: OOO “R-KOPI”, 2020. – P. 380-400.
CRIMINAL LAW
EFREMOVA Olga Sergeevna
Ph.D. in Law, senior lecturer of State and legal disciplines sub-faculty of the Faculty of Law the of St. Petersburg University of the FPS of Russia
ON THE PECULIARITIES AND TRENDS OF CRIME OF FOREIGN CITIZENS AND STATELESS PERSONS
Crime prevention activities for foreign citizens and stateless persons are among the priorities of ensuring the national security of the Russian Federation. An important place in this area of activity is given to the prevention of illegal migration. Over the past three years, there have been a number of trends in the type of crime under study, the study of which can serve as the main one for organizing preventive and preventive activities of law enforcement agencies.
Keywords: CIS, foreign citizens, crime, illegal migration, legal measures, crime prevention.
Article bibliography
1. Kolomytsev N. A., Odintsova L. N. Modern crime as an illusion
and reality // Bulletin of the Tomsk Institute for Advanced Training of Workers
FSIN of Russia. – 2024. – No. 1 (19). – P. 16-23.
2. Koryagina S. A. Migration Crime in the context of national security (regional aspect). – DOI 10.17150/2411-6262.2024.15(1).295-306. – EDN VYGHJS // Baikal Research Journal. – 2024. – Vol. 15, No. 1. – P. 295-306.
3. Mukhametova R. R. Crime of foreign citizens and stateless persons in the Russian Federation: a comparative analysis // Monitoring. Education. Security. – 2023. – V. 1. No. 1. – P. 97-103.
CRIMINAL LAW
IVANOVА Lyudmila Mikhaylovna
Ph.D. in Law, associate professor of Criminal law sub-faculty of the East Siberian branch of the Russian State University of Justice, Irkutsk
LIFANOVA Tatyana Andreevna
master of law, leading specialist of the office work and support of legal proceedings department of the Arbitration Court of the East Siberian District, Irkutsk
CRIMINAL LIABILITY FOR CORRUPTION OFFENSES IN RUSSIA AND CHINA: A COMPARATIVE LEGAL ASPECT
The article presents a comparative legal study of types of corruption crimes in Russia and China. The legislation of both countries is analyzed, with attention given to the similarities and differences in the legal norms establishing types of corruption-related crimes. The article substantiates the feasibility of further scientific research to improve legal regulation and law enforcement practices in the field of combating corruption crimes.
Keywords: corruption offenses, Russia, China, bribery, criminal legislation, punishment , anti-corruption efforts.
Article bibliography
1. Klimova O. V., Fedorenko N. V. Anti-corruption policy of Russia and China: comparative legal analysis // Main development trends legal science. – 2020. – No. 3. – P. 242-251.
2. Nguyen H. T. Constitutional foundations for combating corruption in the Russian Federation and the People’s Republic of China: a comparative legal analysis of legislation // Ideas of constitutionalism in the domestic legislation. – 2019. – No. 23. – P. 226-229.
3. Criminal Code of the People’s Republic of China / Under the general editorship of prof. A. I. Chuchaev and prof. A. I. Korobeyeva, trans. from Chinese by prof. . Huang Daoxu. 2nd ed. – M .: OOO “Yuridicheskaya firma kontrakt”, 2021. – 312 p.
4. Chuchaev A. I., Korobyev A. I. Criminal Code of China: a fusion of legal thought and national specifics. part 2 // Asia-Pacific region: economics, politics, law. – 2022. – T. 24. No. 3. – P. 172-192.
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 SOVIET LEGISLATION
This article provides a historical study of criminal liability for fraud in the Soviet period. The author has analyzed the sources of Russian (Soviet) 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 theft of someone else’s property, committed by deception or abuse of trust, i.e. in the closest possible way to the modern consolidation, was formed within the framework of the Criminal Code of the RSFSR of 1960; previously, fraud had various characteristics, not always associated with the direct theft (taking possession) of the subject of the crime.
Keywords: fraud, historical analysis, criminal liability.
Article bibliography
1. Boyko S. Ya. Fraud in the criminal legislation of the Soviet period // Gaps in Russian legislation. – 2016. – No. 3.
2. Zhizhilenko A. A. Crimes against property and exclusive rights. – L.: Rabochiy sud, 1928.
3. Nemirovsky E. Ya. Soviet criminal law. – Odessa, 1924.
4. Potemkin A. V. History of the development of Russian criminal legislation on liability for fraud // Bulletin of the Russian New University. Series: Man and Society. – 2016. – No. 3.
5. Feflov I. V. Origin and development of Russian and foreign legislation on fraud // Territory of science. – 2014. – No. 4.
6. Chirkin K. V. Criminal liability for fraud in the Soviet period // Bulletin of Moscow University. Series 11. Law. – 2017. – No. 3.
CRIMINAL LAW
KRASKOVSKIY Yan Eduardovich
Ph.D. in Law, associate professor, associate professor of Criminal law sub-faculty of the Penza State University
ACTIVITIES OF THE LOCAL POLICE COMMISSIONER FOR THE PREVENTION OF ILLICIT DRUG TRAFFICKING IN AN EDUCATIONAL INSTITUTION
The article discusses the responsibilities of local police commissioners regarding the prevention of illicit drug trafficking in an educational institution, and provides examples of the prevention of this phenomenon in the Penza region. It is also noted that during the covid period, preventive work was in crisis; the opportunities for conducting face-to-face events in educational institutions were significantly reduced. It is concluded that those police officers who already have experience working with such adolescents and who have received additional education in psychology or pedagogy should be involved in preventive activities.
Keywords: local police commissioner, educational institution, preventive conversation, narcotic drugs, prevention.
Article bibliography
1. Guzeeva L. P. Prevention of drug addiction and promotion of a healthy lifestyle for students of professional educational organizations // Education. Career. Society. – 2021. – No. 1 (68). – P. 49-50.
2. Mikhailova E. V. Features of the conduct of preventive work with minors in an educational organization by a district police officer // Criminological Journal. – 2019. – No. 3. – P. 22-26.
3. Mikhaleva G. G. Individual prevention as a way to prevent juvenile delinquency // Bulletin of the Perm State Humanitarian and Pedagogical University. – 2022. – No. 3. – P. 198-202.
CRIMINAL LAW
KUZMIN Sergey Spiridonovich
senior lecturer of Criminal Law sub-faculty of the Institute of the Academy of the FPS of Russia
EXEMPTION FROM CRIMIN AL LIABILITY AND PUNISHMENT IN THE CONTEXT OF THE FEDERAL LAW OF THE RUSSIAN FEDERATION OF JUNE 24, 2023 No. 270
The article reflects the history of formation and characterizes the basis and conditions for exemption from criminal liability and from criminal punishment of persons who took part in a special military operation and other military operations. Reasoned proposals were made to expand the range of conditions for such release, in particular, on the need to include in articles 78.1 and 80.2 of the Criminal Code of the Russian Federation, as a condition for such release, conscientious participation in hostilities.
Keywords: criminal legislation, Federal Law of the Russian Federation No. 270 of 06/24/2023, criminal liability, special military operation and other military operations, exemption from criminal liability and punishment, grounds and conditions of release, persons who took part in a special military operation, conscientious participation in hostilities.
Article bibliographic list
1. Sabitov R. A. Post-criminal behavior (concept, regulation, consequences). – Tomsk: Publishing house Tom. University, 1985. – 192 p.
2. Maltsev V. Release from punishment due to change in the situation // Criminal law. – 2008. – No. 6. – P. 23-26.
CRIMINAL LAW
ZUMAKULOVA Zarema Akhmatovna
Ph.D. in Law, associate professor, Head of Civil law and process sub-faculty of the Institute of Law, Economics and Finance of the Kabardino-Balkarian State University, Nalchik
ABAZOV Andemirkan Borisovich
Ph.D. in Law, associate professor of Activities of the internal affairs directorate in special conditions sub-faculty of the North-Caucasian Institute for Advanced Studies (branch) of the Krasnodar University of the MIA of Russia, colonel of police
CURRENT ISSUES OF CYBERCRIME AND CYBERTERRORISM IN MODERN SOCIETY
There is always a high level of threats in the information space. Cybercrime arose as a result of the emergence of digital society. Cyberterrorism is the most dangerous type of cybercrime. The distinctive feature of such crimes is their publicity and open nature. Cyberterrorism is aimed at intimidating individuals or society as a whole, threatening people’s lives, capable of causing major damage to property or leading to other consequences of great gravity in order to destabilize government agencies or influence their activities for illegal purposes.
Keywords: cybercrime, cyberterrorism, information environment, economic threat, physical threat.
Article bibliography
1. Abazov A. B., Abazova M. V., Fayrushin T. A. Improving the activities of law enforcement agencies in the fight against cyberterrorism // Journal of Applied Research. – 2022. – V. 1. No. 11. – P. 87-91.
2. Abazova E. Kh. Counteracting cybercrime in modern conditions // Law and Management. – 2023. – No. 8. – P. 224-227.
3. Aripshev A. M. Cyberterrorism: problems in understanding and methods of counteraction // Journal of Applied Research. – 2023. – No. 4. – P. 109-112.
4. Gedgafov M. M. Cybercrime in Russia: concept, level of public danger, methods of struggle // Journal of Applied Research. – 2023. – No. 6. – P. 123-127.
5. Tarchokov B. A. On the issue of the concept of cyberterrorism and some methods of counteraction // Law and Management. – 2023. – No. 2. – P. 170-174.
6. Khamurzov A. T. Cyberterrorism: New Challenges and Countermeasures // Journal of Applied Research. – 2021. – No. 3-2. – P. 74-77.
7. Khachidogov R. A. Cyberterrorism in the Global Information Space: New Challenges and Countermeasures // Education and Law. – 2021. – No. 6. – P. 362-366.
8. Shondirov R. Kh. Cybercrime: Goals, Methods of Commitment, Qualification Problems // Eurasian Law Journal. – 2023. – No. 5 (180). – P. 326-327.
CRIMINAL LAW
LUNEVA Anna Vladimirovna
Ph.D. in Law, associate professor, associate professor of Criminal law disciplines sub-faculty of the Far eastern branch of the Russian State University of Justice, Khabarovsk
KLIMENKO Anastasiya Konstantinovna
senior lecturer of General legal disciplines sub-faculty of the I. F. Shilov Far Eastern Law Institute of the MIA of Russia, Khabarovsk
THE INFLUENCE OF THE PRINCIPLE OF TRANSPARENCY ON THE CONSIDERATION OF CASES BY A COURT WITH THE PARTICIPATION OF JURORS ON THE EXAMPLE OF RUSSIA AND THE REPUBLIC OF KAZAKHSTAN
In the article, the authors draw attention to the influence of the mass media on the decision-making by jurors in criminal cases. It is proposed to consider the issue of filling out subscriptions by jurors on the restrictions of their actions in the Internet space for the period of the trial; as well as to introduce control over published information in the media in a criminal case in which the trial has not yet been completed. In addition, taking into account the similar features of the criminal procedure legislation of Russia and Kazakhstan, the authors analyzed the violation of the principle of publicity on the example of a high-profile trial in the case of K. Bishimbayev.
Keywords: the principle of openness, the institution of jurors, the legislation of the Russian Federation, the legislation of the Republic of Kazakhstan, the criminal case against K. Bishimbayev.
Article bibliography
1. Gubin S. A. Problems of consideration of criminal cases with the participation of jurors in the district (city) court // Legality. – 2023. – No. 9. – P. 50-52.
2. Chilingaryan L. S. Types of modern Russian families // Actual problems of human potential development in modern society. Proceedings of the III International scientific and practical Internet conference. – 2016. – P. 301-303.
CRIMINAL LAW
MIRZAKHANOVA Nurzhagan Kurbanovna
magister student of the 1st course of the correspondence studies of the Institute of Law of the Dagestan State University, Makhachkala
ZEYNALOV Marat Magomedovich
Ph.D. in Law, associate professor of Criminal law and criminology sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
CRIMINAL LIABILITY FOR CORRUPTION-RELATED CRIMES
The article examines the grounds for the use of compulsory medical measures in the criminal law of the Russian Federation, paying attention to theoretical and practical aspects. The norms of the Criminal Code of the Russian Federation concerning insanity and mental disorders that impede criminal liabilityare analyzed. The types of compulsory medical measures, their purpose and control over their execution are described. The article considers the legal guarantees and rights of persons who are assigned such measures, as well as the role of forensic psychiatric examination. Examples of judicial practice are given and the problems of implementing coercive measures are discussed. The balance between the protection of society and the rights of patients is discussed. It is concluded that there is a need to improve legislation and improve the conditions of patient care.
Keywords: compulsory medical measures, criminal law, insanity, mental disorders, forensic psychiatric examination, patients’ rights , judicial practice.
Article bibliographic list
1. Akhmedkhanova S. T. The procedure for bringing to criminal liability for corruption crimes in the field of education // Global and Regional Research. – 2022. – V. 4. No. 1. – P. 106-112.
2. Antonova E. Yu. Criminal liability of legal entities for corruption crimes under the legislation of Costa Rica // State and legal systems of the countries of the Asia-Pacific region: problems of state-legal cooperation in the context of the crisis of international law: Proceedings of the VIII International Scientific and Practical Conference, Ulan-Ude, June 24, 2021. – Ulan-Ude: Buryat State University named after Dorzhi Banzarov, 2021. – P. 86-90 .
3. Dronin I. V. Criminal liability for crimes in the sphere of economic activity // Student Bulletin. – 2020. – No. 25-1 (123). – P. 36-40
4. Nurgazin M. S. Responsibility for corruption crimes under the criminal legislation of some foreign countries // Science in the modern world: Collection of scientific papers based on the materials of the XXII International scientific and practical conference, Anapa, June 08, 2021 year. – Anapa: Limited Liability Company “Research Center for Economic and Social Processes” in the Southern Federal District, 2021. – P. 77-80.
5. Rykova M. N. Problems of criminal liability for corruption-related crimes // Modern jurisprudence: current issues, achievements and innovations: Collection of articles of the XXVIII International scientific and practical conference, Penza, July 5, 2020. – Penza: “Science and Enlightenment” (IP Gulyaev G.Yu.), 2020. – P. 60-62.
CRIMINAL LAW
MOSKVIN Mikhail Mikhaylovich
lecturer of Fire training sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia
PROCEDURAL ASPECTS OF THE EXECUTION OF THE SUSPENSION AND RESUMPTION OF THE PRELIMINARY INVESTIGATION
The article examines the stages of suspension and resumption of the preliminary investigation, specifies and defines the conditions under which the preliminary investigation can be suspended or resumed . The author emphasizes the importance of proper documentation of their actions by an official and the need for error-free compilation of appropriate protocols. An example of filling in the relevant regulations is analyzed in detail. When considering the grounds for suspending and resuming criminal proceedings, the author emphasizes the need, first of all, to refer to the legislative norms provided for by the Code of Criminal Procedure of the Russian Federation. Focuses on the obligation to comply with the correct legal technique for the purpose of publicly studying these regulations by regulatory and supervisory authorities. It also shows the responsibility of the actions of an official who makes up a particular procedural document in the field of suspension and resumption
Keywords: legislation, investigator, inquirer, document procedural, preliminary investigation, suspension , resumption of preliminary investigation.
Article bibliographic list
1. “Criminal Procedure Code of the Russian Federation” dated December 18, 2001 No. 174-FZ (Code of Criminal Procedure of the Russian Federation) // Consultant Plus : computer reference legal system. [Electronic resource]. – Access mode: http://www.consultant.ru (date accessed: 15.06.2024).
2. “The Constitution of the Russian Federation” (adopted by popular vote on 12.12.1993 with amendments approved during the all-Russian vote on 01.07.2020 ) // Consultant Plus: comp. reference legal system. [Electronic resource]. – Access mode: http://www.consultant.ru (date of access: 15.06.2024).
3. “Criminal Code of the Russian Federation » dated 13.06.1996 No. 63-FZ (as amended on 18.07.2022) // Consultant Plus: comp. reference legal system. [Electronic resource]. – Access mode: http://www.consultant.ru (date of access: 15.06.2024).
CRIMINAL LAW
RODYGIN Roman Alexandrovich
Senior lecturer of Criminal law sub-faculty of the Ural Law Institute of theMIA of Russia, Yekaterinburg
MALOFEY Alexander Olegovich
Ph.D. in technical sciences, associate professor, associate professor of Tactical and special training sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia
KOLBYSHEV Pavel Romanovich
lecturer of Fire training sub-faculty of the Siberian Law Institute of the MIA of Russia, Krasnoyarsk
PUBLIC CALLS FOR THE IMPLEMENTATION OF ACTIVITIES DIRECTED AGAINST THE SECURITY OF THE STATE: CRIMINAL LAW CHARACTERISTICS OF THE OBJECTIVE SIDE
In the article, the authors analyzed in detail the features of constructing the objective side of the corpus delicti, which provides for responsibility for public calls to carry out activities directed against the security of the state. Attention is focused on a number of legal and technical errors that were made by the legislator when formulating the criminal law prohibition enshrined in Article 280.4 of the Criminal Code of the Russian Federation. In addition, the issue of establishing the moment of the end of the specified crime was considered.
Keywords: criminal liability, objective side, corpus delicti, public appeals, state security.
Article bibliography
1. Explanatory note to the draft Federal Law No. 130406-8 “On Amendments to the Criminal Code of the Russian Federation and the Criminal Procedure Code of the Russian Federation”. [Electronic resource]. – Access mode: www. consultant.ru.
2. Data of the judicial statistics for 2023 of the Judicial Department under the Supreme Court of the Russian Federation. [Electronic resource]. – Access mode: http://www.cdep.ru/
3. Explanatory dictionary of S. I. Ozhegov. [Electronic resource]. – Access mode: https://slovarozhegova.ru/
4. Kuznetsov R. D. On the concept of public calls for extremist activity: problems of qualification // Issues of Russian Justice. – 2021. – No. 6. – P. 408-413.
5. Tkachevsky Yu. M. Criminal liability for slander // Legislation. – 1999. – No. 11. – P. 144-147.
6. Shmarion V. I. Responsibility for crimes against the honor and dignity of a person under Russian criminal legislation: diss. … Cand. of Law : 12.00.08. – Rostov-on-Don, 2001. – 228 p.
7. On judicial practice in criminal cases on crimes of an extremist nature: Resolution of the Plenum of the Supreme Court of the Russian Federation of 28.06.2011 No. 11. [Electronic resource]. – Access mode: https://www.consultant.ru/
8. On some issues of judicial practice in criminal cases on terrorist crimes: Resolution of the Plenum of the Supreme Court of the Russian Federation of 09.02.2012 No. 1. [Electronic resource]. – Access mode: https ://www.consultant.ru/
9. Explanatory Dictionary of D. N. Ushakov. [Electronic resource]. – Access mode: https://ushakovdictionary.ru/
CRIMINAL LAW
STUPINA Svetlana Alexandrovna
Ph.D. in Law, associate professor, associate professor of Forensic science sub-faculty of the Siberian Fire and Rescue Academy of the EMERCOM of Russia, Zheleznogorsk
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
VIOLATION OF THE REQUIREMENTS FOR ANTI-TERRORIST PROTECTION OF FACILITIES (TERRITORIES): QUALIFICATION ISSUES
The article analyzes issues related to the establishment of signs of a crime under Article 217.3 of the Criminal Code of the Russian Federation “Violation of requirements for anti-terrorist protection of objects (territories)”. Special attention is paid to the definition of the content of a socially dangerous act of this crime, as well as the characteristics of the subject. The options of qualification for distinguishing the analyzed crime from related ones are given. Taking into account the current terrorist threats, proposals have been formulated for certain areas of improvement of criminal law measures in the field of ensuring anti-terrorist protection.
Keywords: crime, criminal liability, anti- terrorist protection of objects (territories), violation of the requirements of anti-terrorist protection.
Article bibliography
1. Vinokurov V. A., Korchukov A. A., Shafigulin K. . V. Implementation of requirements for anti-terrorist protection of objects (territories): critical aspect // Journal of Legal Research. – 2021. – V. 6. No. 1. – P. 60-69.
2. Shipulin A. V., Akhlyustin S. B., Merkulova N. I. The procedure and grounds for involving citizens and legal entities by non-departmental security officers persons to administrative responsibility for violating the requirements for anti-terrorist protection of facilities // Bulletin of the Voronezh Institute of the Ministry of Internal Affairs of Russia. – 2020. – No. 4. – P.257-264.
3. The Prosecutor General proposed updating the safety data sheets of objects. [Electronic resource]. – Access mode: https://tass.ru/politika/20353699. (Accessed: 07/05/2024).
CRIMINAL LAW
KAMYSHANSKIY Dmitriy Yurjevich
senior lecturer of the Faculty of law of the A. S. Griboedov Moscow University, member of the Expert advisory council of the Parliamentary Assembly of the Collective Security Treaty Organization
ALIMOV Emil Vaizovich
Ph.D. in Law, associate professor of Parliamentarism and interparliamentary cooperation sub-faculty of the Institute of Public Administration and Management of the Russian Presidential Academy of National Economy and Public Administration under the President of the Russian Federation
CORRELATION BETWEEN THE CONCEPTS OF “CORRUPTION”, “CORRUPTION-RELATED CRIMES” AND “CORRUPTION OFFENSES”
The effectiveness of organizing the activities of law enforcement officers, primarily lawyers, and the level of their professionalism largely depends on the certainty and unambiguity of the conceptual apparatus they use, which forms common approaches to work and a professional language of communication. In order to streamline very professional terminology and ensure its uniform understanding and application, it is necessary to have a timely and effective scientific discussion on certain issues of legal science with the development of specific scientifically based proposals, including on issues of combating corruption. In this regard, the scientific article presents modern approaches to the etymology of the concepts of «corruption», «corruption-related crimes» and «corruption offenses» from the point of view of legal science based on the analysis of the legislation of the Russian Federation, the content of scientific works of Russian scientists and specialists on this issue, as well as the author’s approach to understanding these concepts.
Keywords: corruption, corruption-related crimes, corruption offenses, corruption manifestations, terminology.
Article bibliography
1. Abashidze A.Kh., Diallo S. The fight against corruption is an important condition for more fully ensuring human rights (international legal approach) // Human rights in the modern world: concepts, reality and prospects: Proceedings of the international scientific and practical conference dedicated to Human Rights Day and the International Day against Corruption, Dushanbe, December 3, 2021. – Dushanbe: Academy of Public Administration under the President of the Republic of Tajikistan, 2022.
2. Aksenov A. N. Actual issues in the study of legal terminology // State and law: evolution, current state, development prospects (on the 25th anniversary of the St. Petersburg University of the Ministry of Internal Affairs of Russia): Proceedings of the XX international scientific and theoretical conference. In 2 parts, St. Petersburg, April 27-28, 2023. – SPb .: St. Petersburg University of the Ministry of Internal Affairs of Russia, 2023.
3. Zakomoldin R. V. On the trends of the current military criminal legislation and the practice of its application // Criminal policy of Russia at the present stage: state, trends, prospects (on the 100th anniversary of the birth of G. M. Minkovsky): Collection of scientific papers based on the materials of the International Conference, Academy of Management of the Ministry of Internal Affairs of Russia, September 29, 2023. – M.: Academy of Management of the Ministry of Internal Affairs of Russia, 2023.
4. Kamyshansky D. Yu. On the specifics of the criminal-legal definition under the legislation of the CSTO member states of subjects of corruption-related crimes // Economic security as an integral component of collective security: materials of the international scientific and practical conference (St. Petersburg, November 28, 2018) / Ed. by P. P. Ryabukhin, V. V. Bondurovsky, I. V. Losev, G. I. Perekopsky. – St. Petersburg: Secretariat of the Council of the Interparliamentary Assembly of Member Nations of the CIS, 2019.
5. Kamyshansky D. Yu., Aksyonov A. N. Criminal-legal characteristics of corruption-related crimes under the legislation of the Federal Republic of Germany // International criminal law and international justice. – 2024. – No. 2. – P. 22.
6. Kosarev S. Yu., Mokhorov D. A., Medvedeva A. A. Legal regulation of combating corruption. Anti-corruption education. – SPb.: Publishing and Printing Association of Higher Educational Institutions, 2024.
7. Ovchinsky V. S., Ovchinsky S. S. The fight against mafia in Russia: a manual in questions and answers for employees of internal affairs bodies. – M.: SIMS, 1993.
8. Pozdnyakova E. V. Corruption in internal affairs bodies: concept and ways to overcome it // On the role of law enforcement agencies in the implementation of the National Anti-Corruption Plan, approved on July 13, 2008 by the President of the Russian Federation: Materials of the round table (Moscow, April 29, 2010). – M.: FGU “VNII MVD of Russia”, 2010.
9. KhabrievaT. Ya., Kurbanov R. A., Abuzyarova N. A. Legal basis for combating corruption: international and national standards and initiatives. – M.: Limited Liability Company “Prospect”, 2023.
10. Chekmezova E. I., Ermekova Z. D. The relationship between the concepts of “corruption”, “corruption crimes” and “bribery” under the legislation of the Russian Federation and the Republic of Kazakhstan // Siberian Legal Review. – 2024. – No. 1.
CRIMINAL LAW
KHADISOV Gaziyavdebir Khadisovich
Ph.D. in Law, associate professor of the North Caucasus Institute of the All-Union State University of Justice (RLA of the Ministry of Justice of Russia), branch in Makhachkala
TAILOVA Aisha Gabibovna
Ph.D. in Law, associate professor of Legal disciplines sub-faculty of the North Caucasus Institute of the All-Union State University of Justice (RLA of the Ministry of Justice of Russia), branch in Makhachkala
ABDULMUSLIMOV Sultan Mukhtarpashaevich
magister student of the 2nd course of the North Caucasus Institute of the All-Union State University of Justice (RLA of the Ministry of Justice of Russia), branch in Makhachkala
ESSENCE OF AMNESTY AND PARDON AS A TYPE OF STATE ENCOURAGEMENT
The article analyzes the essence of amnesty and pardon as a type of state encouragement, which consists in giving second chances to reward persons, recognizing the possibility of their correction and rehabilitation. The state, applying these measures, demonstrates its ability to humanity and mercy, important aspects of a legal society. Amnesty and pardon differ from each other both in the order of application and legal consequences, but they are united by a common goal – mitigation of punitive impact on individuals.
According to the authors, amnesty and pardon are not only manifestations of the institution of state encouragement, but also important elements of humanization of the penal system. They contribute to the maintenance of social peace and allow the state to demonstrate its readiness for forgiveness and justice. With their help, a balance is established between the inevitability of punishment and the possibility of its mitigation, which is ultimately aimed at improving the social atmosphere and building the rule of law.
Keywords: amnesty, pardon, legal institutions, state encouragement, essence
Article bibliography
1. Bocharnikova L.N., Belsky A.I. Problems of implementing the right to amnesty and pardon in Russian legislation // Bulletin of the Belgorod Law Institute of the Ministry of Internal Affairs of Russia. 2012. No. 1. P. 41.
2. Pakhanov I.V. On the relevance of the study of the institution of amnesty and pardon // Young scientist. 2015. No. 11. P. 1097-1098.
3. Sazhenkov Yu. V. Selivestrov V. I. Legal problems of pardon in Russia. M.: Jurisprudence, 2008. 168 p.
CRIMINAL LAW
KHAKIMOV Nazim Nazipovich
senior lecturer of Special training sub-faculty of the Ufa Law Institute of the MIA of Russia
FAKHRISLAMOV Tagir Ravilovich
lecturer of the Cycle of Professional Service and Physical Training of the Ufa School for the Training of Dog Handlers of the MIA of Russia
RESPONSIBILITY FOR CRIMES COMMITTED BY ARTIFICIAL INTELLIGENCE
Currently, the process of digitalization of almost all aspects of life is actively continuing through the introduction of artificial intelligence technologies, biometric identification, work with large amounts of data, cloud storage of information, and remote banking. The article discusses the issue of the legal personality of artificial intelligence. The purpose of the study is to analyze the current development of neural networks and make a forecast for their future development, taking into account the latest trends in the field of AI. As a result of the study, conclusions were drawn that when considering the issue of liability, it is necessary to evaluate the goals of creating a neural network, the real possibility of a given person to prevent a crime committed by artificial intelligence, and also to force this person to limit the operation of the neural network or completely stop its activities. Individuals and legal entities (authors, persons teaching a neural network) are required to apply proper precautions when creating a neural network and have the opportunity to influence its operation at any time.
At the moment, it is not possible to talk about the possibility of applying liability measures in relation to artificial intelligence itself due to the primitive nature of its structure from the point of view of neuro-psychological parameters.
Keywords. Artificial intelligence, neural network, education, criminal law, responsibility, sanctions, punishment.
Article bibliography
1. Hallevy G. When Robots Kill: Artificial Intelligence Under Criminal Law. – Boston, 2013. – P. 1-244.
2. Belkin A. Super-efficient neural network or hypernet // IT-blog “Habr”, [Electronic resource]. – Access mode https://habr.com/ru/articles/526850/ (date of access: 10/20/2023).
3. Veprev S. B., Nesterovich S. A. On some criminal directions in the use of artificial intelligence // Bulletin of science. – 2019. – Vol. 2. No. 6 (15). – P. 377–383.
4. Erakhtina E. A., Tirranen V. A. Crimes committed with the use of artificial intelligence: problems of qualification and investigation // Bulletin of the Siberian Law Institute of the Ministry of Internal Affairs of Russia. – 2019. – No. 2 (35). –P. 36–41.
5. Ivaschenko M. A. Artificial intelligence in the criminal legislation of Russia // Academic Thought. –2020. – No. 4 (13). –P. 62–65.
6. Mosechkin I. N. Artificial intelligence in criminal law: prospects for improving protection and regulation: [monograph]. – Kirov: Vyatka State University, 2020. – 111 p.
7. Mosechkin I. N. Artificial Intelligence and Criminal Liability: Problems of Formation of a New Type of Subject of a Crime // Bulletin of St. Petersburg University. Law. –2019. – Vol. 10. No. 3. – P. 461-476.
8. Stetsenko M. I. Artificial Intelligence and the Concept of the Author’s Creative Contribution to Intellectual Property Law // Theory of Law and Interstate Relations. – 2021. – Vol. 1. No. 8 (20). – pp. 249-259.
CRIMINAL LAW
FAYZULIN Artur Alexeevich
postgraduate student of the 2nd year of study of the Institute of Law of the Volgograd State University
THE CRIMINAL LEGAL TOOLS CONCEPT OF COUNTERING DRUG ADDICTION AND NARCOTISM PRESCRIBED BY THE GENERAL PART OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION
This scientific research is devoted to the development of a definition of the concept of “criminal legal means of countering drug addiction and narcosis provided for by the General Part of the Criminal Code of the Russian Federation”, to identify its scope, characteristics of signs and identification of the theoretical and practical meaning of this concept. At the same time, the author achieves an understanding of the content of the relevant terminology by applying etymological, philosophical and formal legal approaches.
Keywords: criminal law, tools, legal tools, criminal legal tools, countering drug addiction, countering narcotism, drugs, narcotism, concept legal tools, general part.
Article bibliography
1. Avdeev V. A., Avdeeva O. A. The concept of criminal-legal policy of the Russian Federation: the main directions of improving the criminal law and optimizing measures to combat crime // Criminological journal of the Baikal state university of economics and law. – Irkutsk: Publishing house of BSUE, 2014. – No. 1. – P. 12-24.
2. Agisheva Yu. R. The essence of legal means, their features and types // Young scientist. – 2020. – No. 39. – P. 101-102.
3. Alekseev P. V., Panin A. V. Philosophy: textbook – 4th ed., revised and enlarged. – M.: Prospect Publishing House: Moscow University Publishing House, 2015. – 588 p.
4. Alekseev S. S. Legal means: problem statement, concept, classification // Soviet state and law. – 1987. – No. 6. – P. 12-19.
5. Antonov A. G., Belareva O. A., Valeev M. T. et al.; under the general editorship of Utkin V. A., Shesler A. V. Criminal law. General part: textbook. Ministry of Education and Science of the Russian Federation, Nat. research. Tomsk State University. – Tomsk: Publishing House of Tomsk State University, 2016. – 599 p.
6. Baturina Yu. B. Legal form and legal means in the system of concepts of the theory of law: abstract of dis. … candidate of legal sciences: 12.00.01 / Acad. management of the Ministry of Internal Affairs of the Russian Federation. – M., 2001. – 23 p.
7. Berezhnov A. G., Glebov A. P., Kenenov A. A., Komarov S. A., et al.; Ed.: Marchenko M. N. Problems of the theory of state and law. Textbook. – M.: Jurist, 2001. – 656 p.
8. Vasilyeva T. A. Concept and meaning of the source of law // Bulletin of the Volga University named after V. N. Tatishchev. – Tolyatti: VUiT. – 2010. – Issue 2. – P. 37-44.
9. Dorofeev AV Legal means and legal incentives: on the relationship between concepts // Scientific notes of the Crimean Federal University named after V. I. Vernadsky. Legal sciences. – 2021. – No. 2. – P. 26-30.
10. Zhdanova AA Expediency and goal in social development / Leningrad state University named after. – L .: Publishing house of Leningrad University, 1969. – 96 p.
11. Kaplina AA, Sorokina AA, Chuklov I, Paderin DR Concept, methods and means of the mechanism of legal regulation // New information technologies in science. Collection of articles of the International scientific and practical conference. – 2019. – Volume Part 2.– P. 193-196.
12. Klimenko T. M. Problems of combating drug crime,drug addiction and drug use in the Russian Federation: theoretical and practical issues: abstract of dis. … doctor of law. – Volgograd, 2008. – 39 p.
13. Konstantinov F. V. Philosophical Encyclopedia. – M.: Sov. Encyclopedia, 1960. – 5 v. – 575 p.
14. Konyakhin V. P. Theoretical Foundations for the Construction of the General Part of Russian Criminal Law. – St. Petersburg: Legal Center Press., 2002. – 348 p.
15. Kurilov V. XXVII Congress of the CPSU and Social and Legal Means of Forming Personal Behavior at Work // Jurisprudence. – L.: Publishing House of Leningrad University. – 1987. – № 3. – P. 3-11.
16. Lapshinov E. V. The concept of legal means in the legal tradition // Leningrad Law Journal. – 2009. – № 3. – P. 173-186.
17. Malko A. V. New phenomena in the political and legal life of Russia: issues of theory and practice. – Togliatti: Volzh. University named after V. N. Tatishchev., 1999. – 199 p.
18. Puginsky B. I. Civil law means in business relations – M.: Legal literature, 1984. – 224 p.
19. Romanova L. I. Drug crime: criminological and criminal-legal characteristics: textbook. – [2nd ed.]. – Vladivostok: Publishing house of the Far Eastern University, 2009. – P. 311.
20. Rybushkin N. N. Theoretical problems of criminal-legal regulation of social relations: features of the subject and method // Scientific notes of Kazan State University. Series: Humanities. – 2007. – No. 6. – P. 171-179.
21. Sapun V. A. Activities on the use of legal means in the implementation of Soviet law // Problems of the implementation of law. – Sverdlovsk, 1990. – P. 10.
22. Sapun V. A. Theory of legal means and the mechanism for the implementation of law: dissertation … doctor of law. – M.: RGB., 2003. – 321 p.
23. Chervonyuk V. I. Theory of State and Law: a textbook for students of higher educational institutions studying in the specialty 021100 “Jurisprudence”. – M.: INFRA-M, – 2009. – 703 p.
24. Shershenevich G. F. Textbook of Russian civil law. – 10th ed. – M.: Publishing House of the Bashmakov Brothers, 1912. – 948 p.
25. Shundikov K. V. Instrumental Theory of Law – a Promising Direction of Scientific Research // Jurisprudence. – St. Petersburg: Publishing House of St. Petersburg. University. – 2002. – No. 2. – pp. 16-23.
CRIMINAL LAW
FILIPPOVA Elena Evgenjevna
Ph.D. in physical and mathematical sciences, associate professor, associate professor of Computer science and mathematics sub-faculty of the Faculty of Engineering and Economics of the Vologda Institute of Law and Economics of the FPS of Russia
ULENDEEVA Nataliya Ivanovna
Ph.D. in pedagogical sciences, associate professor, associate professor of Humanitarian, socio-economic and information technologies sub-faculty of the Samara Law Institute of the FPS of Russia
ZVYAGINTSEVA Elena Nikolaevna
Ph.D. in economical sciences, associate professor of Humanitarian and socio-economic disciplines sub-faculty of the St. Petersburg University of the FPS of Russia
ON THE STATE OF CRIME IN RUSSIA, COMMITTED USING INFORMATION AND TELECOMMUNICATION TECHNOLOGIES OR IN THE FIELD OF COMPUTER INFORMATION
The article analyzes the current state of crimes in Russia committed using information and telecommunication technologies, substantiates generalized data on the characteristics of the dynamics series. The causes and features of Internet crimes are analyzed. The highlighted recommendations on combating cybercrime contain general approaches and directions for reducing the number of crimes using IT technologies, which characterize systematic preventive work with different categories of citizens, popular coverage of techniques and methods of fraudulent schemes, as well as increasing digital and computer literacy of the population. The paper summarizes the conclusion that a combination of security measures can lead to positive developments in the fight against cybercrime.
Keywords: informatization, cybercrime, crime statistics, characteristics of a number of dynamics, absolute growth, growth coefficient.
Article bibliography
1. Popov A. N. Crimes in the field of computer information: a tutorial. – St. Petersburg: St. Petersburg Law Institute (branch) of the University of the Prosecutor’s Office of the Russian Federation, 2018. – 68 p.
2. Martynenko N. E. Criminal-legal policy of Russia in the context of information globalization // Bulletin of the Kazan Law Institute of the Ministry of Internal Affairs of Russia. – 2022. – Vol. 13. No. 2 (48). – P. 57-62.
3. Titov D. V., Filipova E. E. Information security. Information security measures. Fundamentals of cyber hygiene: a tutorial; VIPE. – Kazan: Buk, 2023. – 80 p.
CRIMINAL LAW
KHANUKAEV Grigoriy Sergeevich
postgraduate student of the Institute of Legislation and Comparative Law under theGovernment of the Russian Federation
THE ESSENCE OF CORRUPTION IN INSURANCE: SCHEMES FOR COMMITTING CORRUPTION CRIMES AND THEIR CLASSIFICATION
The lack of anti-corruption standards in the insurance sector, as well as the lack of a clear concept and classification of corrupt practices in the insurance sector, in our opinion, create a legal vacuum that makes it difficult to effectively combat corruption. The article analyzes the classifications of insurance frauds and corruption schemes. It is concluded that it is necessary to introduce clear legal norms that would take into account the complexity of corruption schemes in insurance, and would propose criminalization of specific actions that go beyond ordinary fraud, including abuse of authority and commercial bribery. The author offers his own definition of corruption in this industry.
Keywords: corruption, insurance, corruption in insurance, fraud in the insurance sector, corruption schemes, abuse of authority, classification of crimes, anti -corruption legislation.
Article bibliography
1. Borovskikh R.N. Typical mechanisms and practice of combating organized criminal activity in the insurance sector // Lex Russica. – 2017. – No. 8 ( 129). – P. 119-135.
2. Yesayan A.K., Truntsevskiy Yu.V. On the concept and characteristics of schemes for committing financial crimes // Legal World. – 2008. – No. 2. – P. 67-69.
3. Neshko E. M., Shevtsov V. V. Fraud in the field of insurance: criminal-legal and economic aspects // Scientific journal “Epomen”. – 2019. – No. 25. – P. 197-206.
4. Usenko A. S., Usenko S. V. International legal aspects of the fight against corruption // Actual problems of the theory and practice of operational-search activities: materials IV All-Russian scientific and practical conference. Krasnodar: Krasnodar University of the Ministry of Internal Affairs of Russia, 2016. – P. 97-103.
5. Economic security (criminal-legal mechanisms of provision) / Responsible. editors I. I. Kucherov, O. A. Zaitsev, S. L. Nudel. – M., 2021. – 320 p.
6. Fraud in the field of insurance // Department of the Ministry of Internal Affairs of Russia for the Aleksandrovsky District. – [Electronic resource]. – Access mode: https://259.56.xn--b1aew.xn –p1ai/news/item/18321665/
CRIMINAL LAW
SHEYKHMAGOMEDOV Magomed Makasharipovich
Master student of the 2nd course of full-time and part-time education at the Institute of Law of the Dagestan State University, Makhachkala
AKAEVA Aminat Abdurakhmanovna
Ph.D. in Law, associate professor of Criminal law and criminology sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
CAUSATION IN IATROGENIC CRIMES
This article examines problematic aspects in establishing causal relationships in the investigation of iatrogenic crimes, analyzes the current situation in the medical field, draws a line between the inaction of a medical worker and an incompetent attitude towards a patient, lists the theories of causal relationships used in Russian judicial practice, analyzes the tasks that law enforcement officers face in taking measures to establish causality in the investigation of various types of medical harm, notes the difficulty in curing such complex diseases as HIV, AIDS, Crohn’s disease, Alzheimer’s and Parkinson’s disease, and provides circumstances that prevent the identification of a medical worker involved in a crime.
Keywords:causality, iatrogenic crimes, negligence, improper performance of professional duties, theories of causality, health care worker, medical intervention.
Article bibliography
1. Medical errors take millions of lives and cost trillions of dollars // Society. – 09/16/2023. [Electronic resource]. – Access mode: https://www.kommersant.ru/doc/6211993 (date of access: 05/14/2024).
2. Igonina E. O. Establishing a causal relationship when careless causing of death to a patient by medical workers // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2024. – No. 2. – P. 155-164.
3. Soktoev Z. B. On the history of the issue of causality in criminal law // Siberian legal bulletin. – 2000. – No. 3. – P. 243.
4. Investigation of crimes committed by medical workers through negligence (iatrogenic crimes): teaching method, manual for university students studying in the field of training “Jurisprudence” / Ed. . A. M. Bagmeta. – M.: UNITY-DANA, 2018. – 159 p.
5. What cancer cannot be cured? June 27, 2024. [Electronic resource]. – Access mode: https://inuclear.ru/patsientam/articles/kakoy_rak_nelzya_vylechit/?ysclid=lxysopnf52939381455 (date of access: 06/28/2024).
CRIMINAL LAW
SHOGENOVA Fatima Olegovna
Ph.D. in economic sciences, associate professorof Criminal Law, process and criminology sub-faculty of the Institute of Law, Economics and Finance of the H. M. Berbekov Kabardino-Balkarian State University, Nalchik
ZALIKHANOV Leila Ibragimovna
Ph.D. in Law, associate professor of Criminal Law, process and criminology sub-faculty of the Institute of Law, Economics and Finance of the H. M. Berbekov Kabardino-Balkarian State University, Nalchik
PROBLEMS OF ECONOMIC CRIME PREVENTION
In modern conditions of economic transformation and in today’s conditions of economic transformation and instability, the issues of countering economic crime are of particular importance. Economic crime causes serious damage to the national economy, undermines the foundations of socio-economic development, undermines investor confidence and hinders the attraction of investment. This negatively affects the well-being of citizens, reduces the rate of economic growth and competitiveness of the country as a whole. Therefore, improving mechanisms of prevention and prophylaxis of economic crime is one of the key tasks of ensuring economic security of the state. The problem of economic crime is especially relevant in the conditions of transition to a market economy, when new types of criminal activity arise, related to illegal entrepreneurship, tax evasion, embezzlement of public and private property, legalization of proceeds of crime, and other abuses .
Criminals are using more and more sophisticated schemes and methods, which requires constant improvement of law enforcement activities and legislation in this area. Of particular relevance are issues of preventing corruption, which is closely linked to economic crimes and creates favorable conditions for the prevention of corruption. and creates favorable conditions for their commission crimes. Corruption undermines trust in the authorities, creates a breeding ground for the shadow economy and organized crime. This article is devoted to the urgent problem of preventing economic crime in modern conditions. The authors consider a set of issues related to countering abusive acts in the sphere of economy, analyze the existing approaches to the prevention of economic crimes and offer new methods of combating this negative phenomenon. The work examines in detail the main types of economic crimes, their causes and factors contributing to their commission. Special attention is paid to the analysis of modern trends in the sphere of economic crime, including the use of new technologies and new methods of combating this negative phenomenon. The author emphasizes the need for a comprehensive approach to preventing economic crime, including both improvement of the legislative framework, as well as improving the effectiveness of law enforcement bodies. The article considers the problems of interagency cooperation and international cooperation in combating economic crime. Considerable attention is paid to the role of the business community and civil society in the prevention of economic crime. The authors propose a number of measures to increase the transparency of economic activity and the formation of a culture of law-abiding behavior in business. The final part of the paper gives specific recommendations for improving the system of prevention of economic crime, including the introduction of new technologies for monitoring and analyzing economic information, strengthening preventive work and increasing the level of economic literacy of the population.
Keywords: economic crime, financial fraud, corruption, money-laundering, intellectual property theft, prevention, regulation, cybersecurity, law enforcement, cooperation.
References
1. Arslanbekova A. Z. The concept and classification of financial crimes // Bulletin of Dagestan State University. – 2015. – Vol. 30. Vyp. 2. – pp. 88-96.
2. Baitin M. I. Theory of State and Law: A Course of Lectures / [Baitin M. I., Borisov V. V., Grigoriev F. A. and others]; Edited by N. I. Matuzov and A. V. Malko. – 2. ed., rev. and supplement. – Moscow: Jurist, 2000. – 771 p.; 22 cm.
3. Basyrova L. F. Personality of a criminal who committed an economic crime // Ufa: Limited Liability Company “Scientific and Publishing Center ‘Vestnik Nauki’, 2023. – pp. 88-91.
4. Gaukhman L. D., Maximov S. V. Criminal liability for crimes in the sphere of economy. – Moscow: Training and Consulting Center “Yurinfor”, 1996. – 290 p.
5. Gilyarov E. M.; Shabunya V. V. Public control as a mechanism to counteract corruption in public authorities // Civil society in Russia and abroad. – 2019. – No. 3. – P. 34-37.
6. Dmitriev O. V. Economic crime and counteraction to it in the conditions of market system of management. – Moscow: Yurist, 2005 (OAO Mozhaisky polygraphic comb.). – 394 p.; 21 cm.
7. Egorshin V. M.; Kolesnikov V. V. Crime in the sphere of economic activity / Ministry of Internal Affairs of Russia. St. Petersburg University, Acad. of Law, Economics and Life Safety. – SPb.: University, 2000. – 270, [1] p.: portrait; 21 cm.
8. Korzhansky N. I. Object and subject of criminal-legal protection / [foreword by V. N. Kudryavtsev]; Academy of the USSR Ministry of Internal Affairs. – Moscow: Academy of the USSR Ministry of Internal Affairs, 1980. – 248 p.; 21 cm.
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10. Korobov V. B. Social technologies in modern public administration: Issues of theory, methodology, practice: abstract of the dissertation … Doctor of sociological sciences: 00.22.08 / Academy of Management of the Ministry of Internal Affairs of the Russian Federation. – Moscow, 2002. – 46 p.
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15. Pototsky N. K., Nevolin S. A. On the problems of preventing economic crime by law enforcement agencies // Education and Law. – 2022. – No. 10. – P. 428-432.
CRIMINAL LAW
YURKEVICH Evelina Alexandrovna
student of the Far Eastern Federal University, Vladivostok
GRININA Ekaterina Vladimirovna
student of the Far Eastern Federal University, Vladivostok
PUGINA Varvara Ivanovna
student of the Far Eastern Federal University, Vladivostok
PRIMAK Vladislav Vadimovich
student of the Far Eastern Federal University, Vladivostok
SOCIO-ECONOMIC AND INFORMATION TECHNOLOGY GROUNDS FOR CRIMINALIZATION OF FRAUD IN THE FIELD OF COMPUTER INFORMATION
When choosing an object of criminal law protection and establishing a criminal law ban on committing anaction recognized as a crime, the legislator should take into account, first of all, the social conditionality of certain public relations, their importance and role for the entire system of public relations, as well as the impact of this act on the rights and legitimate interests of participants in public relations. The authors explore the social, economic, and information technology grounds for criminalizing fraud in the field of computer information, analyzing current trends and changes in this area, including the development of the digital economy, the increase in the number of crimes in this area and the specifics of regulatory regulation.
Keywords: fraud, computer information, criminalization, crime.
Article bibliography
1. Kuryleva V. N. Effectiveness of criminal law norms // Problems of Economics and Legal Practice. – 2007. – No. 2.
2. Efremova M. A. Criminal-legal protection of information security: dis. … cand. jurid. sciences. – M., 2017. – 426 p.
3. Grigoryan G. R. Socio-economic and information technology grounds for criminalization of fraud in the field of computer information // Legal Bulletin of Samara University. – 2019. – No. 3.
4. Resolution of the Government of the Russian Federation of 15.04.2014 No. 313 “On approval of the state program of the Russian Federation” Information Society (2011-2020) ” // Collection of legislation of the Russian Federation. – 2014. – No. 18 (Part II). – Art. 2159.
5. Efremova M. A. Criminal and legal protection of information security. – M.: Publishing house “Yurlitinform”, 2018. – 312 p.
6. Bezverkhov A. G. Property crimes. – Samara: Publishing house “Samara University”, 2002. – 429 p.
CRIMINAL LAW
BAGAMAEVA Jamilya Magomedalievna
Ph.D. in historical sciences, associate professor of Legal disciplines sub-faculty of the Dagestan State University, branch in Izberbash
CHARACTERISTICS OF CRIMES IN THE FIELD OF COMPUTER INFORMATION IN FOREIGN LEGISLATION
In the era of rapid development of digital technologies and widespread dissemination of information systems, crimes in the field of computer information are becoming one of the key security threats for both individual citizens and the state as a whole.
These crimes, including cyber attacks, hacking, phishing and other forms of unauthorized access to data, pose a serious threat to the confidentiality, integrity and accessibility of information. In the context of global interconnectedness and growing dependence on digital infrastructures, ensuring information security is becoming a priority for the scientific community, government organizations and the private sector.
This highlights the need for a deeper and more comprehensive approach to the definition and classification of concepts in Russian legislation in order to effectively combat cybercrime.
Keywords: cyber attacks, hacking, phishing, cybercrime.
Article bibliography
1. Vasilenko K. A., Ladyka A. E., Bartashevich B. V. Computer crimes: differentiation in various legal systems // Legal science. – 2019. – No. 5. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kompyuternye-prestupleniya-differentsiatsiya-v-razlichnyh-sistemah-prava (date of access: 10.07.2024).
2. Guryeva E. E. Legislation on computer crimes in Russia and foreign countries: a comparative legal analysis // Transformation of LAW in the information society: Materials of the III All-Russian scientific and practical forum of young scientists and students, Yekaterinburg, November 26, 2020. – Yekaterinburg: Federal State Budgetary Educational Institution of Higher Education “Ural State Law University”, 2020. – P. 353-360. – EDN DDZLST.
3. Gromov E. V. Development of criminal legislation on crimes in the field of computer information in foreign countries (USA, Great Britain, Germany, the Netherlands, Poland) // Bulletin of TSPU. – 2006. – No. 11. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/razvitie-ugolovnogo-zakonodatelstva-o-prestupleniyah-v-sfere-kompyuternoy-informatsii-v-zarubezhnyh-stranah-ssha-velikobritanii-frg (date of access: 09.05.2024).
4. Pelevina A. V. Responsibility for computer crimes in the Anglo-Saxon legal system // Gaps in Russian legislation. – 2016. – No. 1. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/otvetstvennost-za-kompyuternye-prestupleniya-v-anglo-saksonskoy-pravovoy-sisteme (date of access: 07/09/2024).
5. Pozdyshev R. S. Issues of qualification of crimes in the field of computer information // Legal science and practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2023. – No. 1 (61). – P. 105-112. – DOI 10.36511/2078-5356-2023-1-105-112. – EDN PJCCIO.
6. The Ministry of Internal Affairs indicated an increase in the number of cybercrimes. – [Electronic resource]. – Access mode: https://iz.ru/1201305/2021-08-02/v-mvd-ukazali-na-rost-chisla-kiberprestuplenii (date of access: 07.19.2024).
CRIMINAL LAW
EVDOKIMOV Maxim E vgenjevich
postgraduate student of the 1st course of Organization of combating economic crimes sub-faculty of the Samara State University of Economics
PROBLEMS OF QUALIFICATION OF VIOLATION OF TRAFFIC RULES AND OPERATION OF VEHICLES
This article discusses the problems of violating traffic rules and operating vehicles, highlighting the factors influencing the level of qualifications of drivers and road safety. The purpose of the study is to identify the main problems in this area.
The subject of the study covers the analysis of the causes and consequences of non-compliance with traffic rules, consideration of factors affecting the skill level of drivers, as well as the study of problems in the operation of vehicles. The research method is data analysis, a study of scientific literature and legislation on this topic.
Keywords: jurisprudence, law, regulations, classification of violations, traffic rules, vehicles.
Article bibliography
1. Bayramova F. M. On the causal relationship in the crime provided for in Article 264 of the Criminal Code of the Russian Federation. – Text: direct // Young scientist. – 2022. – No. 51 (446). – P. 441-443. – [Electronic resource]. – Access mode: https://moluch.ru/archive/446/98202/ (date accessed: 05/29/2024).
2. Mironov A. A. Criminal-legal characteristics of violations of traffic rules and operation of vehicles. – Text: direct // Young scientist. – 2021. – No. 48 (390). – P. 297-299. – [Electronic resource]. – Access mode: https://moluch.ru/archive/390/85859/ (date accessed: 05/29/2024).
3. Khabarova N. Yu. Controversial issues of determining the subjective side of the crime provided for in Article 264 of the Criminal Code of the Russian Federation. – Text: direct // Young scientist. – 2022. – No. 32 (427). – P. 85-87. — [Electronic resource]. – Access mode: https://moluch.ru/archive/427/94421/ (date of access: 05.29.2024).
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)
MODERN METHODS OF COMMITTING CRIMES USING HIGH TECHNOLOGIES: PROBLEMS OF QUALIFICATION, WAYS TO SOLVE THEM
The modern world is characterized by the rapid development of information technologies and public relations in the sphere of using information and telecommunication networks. We live in the era of a new scientific and technological revolution. In a few decades, computers and electronic computers have been replaced by Internet resources and neural networks, capable of transmitting a huge amount of information to any point in the world in just a few seconds. Such a large-scale development of high technologies has enormous advantages, opens up a lot of opportunities for all spheres of society, but at the same time has a number of negative aspects. This is due to the fact that criminals also widely use high technologies in their activities to commit crimes, which can pose a serious threat to the safety of the individual, as well as to society and the state as a whole. Due to a number of existing legal and socio-economic problems, this topic is relevant today. Many scientific works are devoted to the problems of qualifying “computer crimes”, crimes using artificial intelligence and IT technologies. Modern scientific and dissertation works lay the foundation for criminal and legal counteraction to computer crime in the Russian Federation. The object of this study is the criminological patterns of the emergence and development of computer crime in the Russian Federation, as well as relations in the field of criminal law counteraction.
Keywords: high technologies, computer crime, internet resources, neural network, criminal activity, IT technologies.
Article bibliography
1. Averianova T. V. Some problems of the theory and practice of forensic examination and ways to solve them // Bulletin of the Ministry of Internal Affairs of Russia. – 2008. – No. 4 – P. 2-5.
2. Baturin Yu. M. Problems of computer law. – Moscow: Legal Literature, 1991. – P. 272.
3. Volevodz A. G. Counteraction to computer crimes: legal basis for international cooperation. – M.: Yurlitinform, 2001. – 496 p.
4. Bulletin of the Congress of People’s Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1992. – No. 42. – Art. 2326.
5. Efremova M. A. Criminal-legal protection of information security: diss. … doc. jurid.k. – M., 2017. – P. 22.
6. Kozaev N. Sh. Modern technologies and problems of criminal law (analysis of foreign and Russian legislation). – M., 2015. – P. 7.
7. Kurushin V. D., Minaev V. A. Computer crimes and information security. – M.: Novyi Yurist, 1998. – P. 257.
8. Sychev Yu. N. Fundamentals of information security Textbook and practical manual. – M.: Publishing center of the EAOI, 2007. – 300 p.
9. Peter Lily. Dirty deals. The secret truth about the global practice of money laundering, international crime and terrorism. – Rostov n/d: “Phoenix”, 2005. – P. 185-211.
CRIMINAL PROCEDURE
ABDULLAEV Umar Murtuzalievich
magister student of the 2nd year of full-time study of the Institute of Law of the Dagestan State University, achkala
ASADUEVA Sapiyat Asadullakhovna
senior lecturer of Criminal process and criminalistics sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
GENERAL RULES FOR THE CONDUCT OF INVESTIGATIVE ACTIONS IN CRIMINAL PROCEEDINGS
The article analyzes the current problems of initiating criminal proceedings in the Russian criminal process, as well as the issues of legislative regulation and practical application of the norms of the Criminal Procedure Code of the Russian Federation. A detailed analysis of the criteria for assessing the sufficiency of data indicating signs of a crime is carried out, and the main shortcomings of current legislation are identified. Special attention is paid to the problems of insufficient motivation of decisions, pressure on investigators and insufficient qualifications of investigative staff. The issues of interaction between the investigative authorities, the prosecutor’s office and the courts are being investigated, as well as cases of using the initiation of a criminal case for the purpose of pressure or blackmail. The article provides specific examples from judicial practice confirming the need to reform legislation and the practice of its application.
Keywords: initiation of a criminal case, the Code of Criminal Procedure of the Russian Federation, legislative regulation, investigative bodies, law enforcement, judicial practice, reforms.
Article bibliography
1. Alekseeva E. S. Chapter 15. Investigative actions // Actual problems of criminal procedure: a textbook for adjuncts and master’s students of 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. 441-476.
2. Bravilova E. A. On the general rules for the production of investigative actions // Siberian criminal procedural and forensic readings. – 2020. – No. 1 (27). – P. 16-30.
3. Malakhova L. I. Investigative actions: legal and factual grounds for proceedings // Judicial power and criminal procedure. – 2020. – No. 3. – P. 28-31.
4. Usova Yu. I., Ipatova A. Yu. General rules for the conduct of investigative actions: problems of application // Central Scientific Bulletin. – 2020. – Vol. 5. No. 11 (100). – P. 32-34.
5. Yakovleva S. A., Sharova D. V. Criminal procedural regulation of the concept and system of investigative actions // Bulletin of the Mari State University. Series: Historical Sciences. Legal Sciences. – 2020. – Vol. 6. No. 2 (22). – pp. 187-196.
CRIMINAL PROCEDURE
BONDARENKO Sergey Vyacheslavovich
PhD in law, associate professor, Head of Criminal law disciplines sub-faculty of the Samara Law Institute of the FPS of Russia
FOMINA Yuliya Alexandrovna
cadet of the 3rd course of the Law Faculty of the Samara Law Institute of the FPS of Russia
ACTUAL PROBLEMS OF QUALIFICATION OF ESCAPE FROM A PLACE OF IMPRISONMENT COMMITTED IN COMPLICITY
The article is devoted to the actual problems of qualification of escape from a place of imprisonment committed in complicity. The authors consider various aspects of law enforcement practice, analyze the regulatory framework and judicial practice. During the analysis of legal norms and judicial practice, potential problems and key contradictions that arise in the legal analysis of an escape committed in complicity are highlighted. The paper reveals the criteria for distinguishing the roles of accomplices, the specifics of their criminal liability. Special attention is paid to the distinction between co-execution and other forms of complicity enshrined in the criminal law, and the specifics of the qualification of escapes committed by a group of persons by prior agreement. The main conclusions and key theses are supported by examples and judicial practice.
Keywords: escape from prison, criminal liability, complicity, group of persons, co-execution, accomplice, organizer.
Article bibliography
1. Elisov P. P. Brief characteristics of methods of escaping from places of deprivation of liberty // Law and right. – 2023. – No. 1. – P. 155-158.
2. Samoilova V. K. Criminal liability for escaping from places of deprivation of liberty // Young scientist. – 2022. – No. 44 (439). – P. 190-193.
CRIMINAL PROCEEDINGS
DANILOVA Irina Yurjevna
Ph.D. in pedagogical sciences, associate professor, associate professor of Criminal process sub-faculty of the Ryazan branch of the V. Ya. Kikot Moscow University of the MIA of Russia
SULEYMANOV Talyat Alievich
Ph.D. in Law, associate professor, associate professor of Criminal process and criminalistics sub-faculty of the Academy of the FPS of Russia
CRIMINAL AND LEGAL CHARACTERISTICS OF DRUG TRAFFICKING IN PLACES OF DETENTION
The scale of illicit drug trafficking in places of detention poses a security threat to employees and convicts, and disorganizes the order of serving sentences. This is explained by the fact that almost a third of those praised in prison (29%) are serving sentences for drug trafficking or suffer from drug addiction. This indicator is characterized by growth dynamics. In places of detention, there is a concentration of convicts for drug trafficking (they have experience in conspiracy, establishing criminal ties) and convicts suffering from drug addiction. This category of convicts, while serving a sentence of imprisonment, attempts to establish drug trafficking in places of detention. Do not forget that illicit drug trafficking in places of detention refers to latent types of crimes, the detection rate of which is no more than 20-25%.
Keywords: convicts, illegal drug trafficking, correctional colonies, suppression of drug trafficking, qualification of the act.
Article bibliography
1. Resolution of the Plenum of the Supreme Court of the Russian Federation of 15.06.2006 No. 14 (as amended on 16.05.2017) “On judicial practice in cases of crimes related to narcotic drugs, psychotropic, potent and toxic substances.”
2. Resolution of the Government of the Russian Federation of June 30, 1998 No. 681 “On approval of the list of narcotic drugs, psychotropic substances and their precursors subject to control in the Russian Federation” (as amended and additions).
3. Federal Law of the Russian Federation “On Narcotic Drugs and Psychotropic Substances” dated 08.01.1998 No. 3-FZ (latest revision).
4. Lyubavina M. A. Qualification of crimes provided for in Articles 228 and 228.1 of the Criminal Code of the Russian Federation: a textbook. – St. Petersburg: St. Petersburg Law Institute (branch) of the Academy of the Prosecutor General’s Office of the Russian Federation, 2016. – P. 26.
5. Afanasyeva A. A. On the issue of the objective side of crimes related to illegal drug trafficking // Bulletin of the Magistracy. – 2019. – No. 10-4 (97). – P. 27.
6. P. 13.1 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of 15.06.2006 No. 14 (as amended on 16.05.2017) “On judicial practice in cases of crimes related to narcotic drugs, psychotropic, potent and toxic substances.”
CRIMINAL PROCEEDINGS
DZHURUK Dmitry Sergeevich
Ph.D. in technical sciences, Head of Information technologies sub-faculty of the East-Siberian Institute of the MIA of Russia, Irkutsk
PERYAKINA Marina Pavlovna
Ph.D. in Law, associate professor, Head of Civil law and process sub-faculty of the G. V. Plekhanov Russian University of Economics, branch in Pyatigorsk
KORSHUNOV Artem Viktorovich
Ph.D. in Law, associate professor of Criminal process and criminalistics sub-faculty of the Irkutsk Institute (branch) of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia)
TYPICAL SITUATIONS OF THE INITIAL STAGE OF DETECTION AND INVESTIGATION OF THEFT FROM ATMS AND PAYMENT TERMINALS
In the article the authors turn to the analysis of the most frequently arising typical situations in the process of detection and investigation of thefts from ATMs and payment terminals. The authors emphasize that despite the diversity of situations, they can be grouped and classified by the most significant criteria from the point of view of forensic.
Keywords: ATM theft, payment terminals, crime investigation, typical situations, remote fraud, cybercrime.
Article bibliography
1. Aivazova O. V., Mailyan A. V. On the forensic classification of theft methods committed using electronic means of payment // Bulletin of Tula State University. Economic and legal sciences. – 2022. – No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/o-kriminalisticheskoy-classification-of-methods-of-committing-theft-with-the-use-of-electronic-resources-(date accessed: 09/08/2024).
2. Knyazkov A. S. Some aspects of the structure of the investigative situation in pre-trial proceedings // Russian investigator. – 2013. – No. 5. – P. 3-5.
3. Mishina I. M. Investigation of fraud committed using bank cards: forensic and criminal procedural aspects: author’s abstract. dis. … candidate of legal sciences. – M., 2009. – P. 17-18.
4. Imaeva Yu. B. Features of the investigation of thefts committed using credit and debit cards: dis. … candidate of legal sciences. – Ufa, 2015. – P. 105.
CRIMINAL PROCEDURE
ALDATOV Rasul Magomedovich
magister student of the 2nd year of full-time study of the Institute of Law of the Dagestan State University, Makhachkala
ASADUEVA Sap iyat Asadullakhovna
senior lecturer of Criminal process and criminalistics sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
PROBLEMS OF THE DEFENDER’S PARTICIPATION IN CRIMINAL PROCEEDINGS
The article examines the problems of refusal to initiate criminal proceedings in the context of legislative regulation and practical application of the norms of the Criminal Procedure Code of the Russian Federation. The main grounds for refusal provided for in Article 24 of the Code of Criminal Procedure of the Russian Federation are analyzed and typical mistakes made by investigative authorities when making decisions are revealed. Special attention is paid to the issues of subjectivity of the interpretation of the grounds for refusal, insufficient motivation of decisions, as well as delaying the timing of decision-making. The problems of appealing against refusals to initiate criminal proceedings and insufficient control over the actions of investigative bodies are considered. The cases of external pressure on investigators and prosecutors affecting the objectivity and fairness of decisions are under investigation.
Keywords:refusal to initiate criminal proceedings, Criminal Procedure Code of the Russian Federation, legislative regulation, investigative authorities, appeal, law enforcement.
Article bibliographic list
1. Agoshkov D. R. Refusal to initiate criminal proceedings: problems of legislative regulation and practical application // Modern Science. – 2021. – No. 9-1. – P. 44-47.
2. Grinenko A. V. Refusal to initiate a criminal case: real and imaginary problems // Actual problems of public law: collection of scientific papers, Vladimir, November 18-19, 2021 / Vladimir State University named after Alexander Grigorievich and Nikolai Grigorievich Stoletov. Volume Issue 15. – Vladimir: CopyA-Service, 2022. – P. 76-79.
3. Gapshenko K. V. Refusal to initiate a criminal case as an institution of criminal procedural law // Questions of science 2022: potential of science and modern aspects: collection of scientific papers based on the materials of the XXVII International scientific and practical conference, Anapa, February 17, 2022. – Anapa: Limited Liability Company “Research Center for Economic and Social Processes” in the Southern Federal District, 2022. – P. 30-34.
4. Klimentov A. A. Refusal to initiate a criminal case (refusal to prosecute) in the criminal proceedings of some foreign states // Trends in the development of science and education. – 2020. – No. 62-16. – P. 9-14.
5. Tepsayeva A. A. The essence of refusal to initiate a criminal case // Ways to improve the level of legal awareness and legal literacy in modern civil society: Proceedings of the II International Scientific and Practical Conference, Grozny, April 30, 2021 / Responsible. editor L. A. Tkhabisimova. – Grozny: Chechen State Pedagogical University, 2021. – P. 318-322.
CRIMINAL PROCEEDINGS
ZORINA Elena Andreevna
Ph.D. in Law, associate professor, Head of Labor law sub-faculty of the St. Petersburg University of the State Fire Service of the EMERCOM of Russia
LANTUKH Nataliya Viktorovna
Ph.D. in Law, associate professor, professor of Criminal process sub-faculty of the St. Petersburg University of the State Fire Service of the EMERCOM of Russia
CHASOVNIKOVA Olga Georgievna
Ph.D. in Law, associate professor of Labor law sub-faculty of the St. Petersburg University of the State Fire Service of the EMERCOM of Russia
ARTIFICAL INTELLIGENCE IN CRIMINAL PROCEDURE AND OPERATIONAL DETECTIVE ACTIVITIES IN RUSSIA
The issue related to the study of the possibilities of introducing artificial intelligence into criminal proceedings is considered. This issue remains controversial for a long time, despite the fact that a judicial artifartificial intelligence model, judicial-A1, has now been created. Particular attention is focused on the problematic aspects that may arise when using artificial intelligence in criminal proceedings and indicate what violations of current legislation they will entail.
Keywords: artificial intelligence, judge, investigator, technology, development, replacement, judicial-A1, cognitive abilities, man, machine, engineers, development.
Article bibliography
1. Laptev V. Artificial intelligence in court: how it will work // Pravo.ru. 2021. June 2. [Electronic resource]. – Access mode: https://pravo.ru/opinion/232129/ (date accessed: 20.03.2023).
2. Yasnitsky L. N., Vauleva S. V., Safonova D. N., Cherepanov F. M. Using artificial intelligence methods in studying the personality of serial killers // All-Russian Criminological Journal. – 2015. – T. 9. No. 3. – P. 423-430.
CRIMINAL PROCEDURE
ISMAILOVA Zaira Ismailovna
magister student of the 1st course of the Institute of Law of the Dagestan State University, Makhachkala
DATSIEVA Khadizhat Gasanovna
Ph.D. in Law, associate professor of the Institute of Law of the Dagestan State University, Makhachkala
CERTAIN PRINCIPLES OF PROTECTION OF THE RIGHTS AND LEGITIMATE INTERESTS OF PARTICIPANTS IN THE CRIMINAL PROCESS OF RUSSIA
This scientific article examines the principles of protecting the rights and legitimate interests of participants in criminal proceedings in the Russian Federation. The focus is on aspects such as the presumption of innocence, the right to a defense, the adversarial nature of the parties and the freedom to evaluate evidence. The author analyzes the legislative norms enshrined in the Criminal Procedure Code of the Russian Federation and their practical application. Special attention is paid to the protection of the honor and dignity of the individual, the inviolability of the person and home, as well as the right to appeal against procedural actions. The study also covers the protection of victims’ rights and their participation in criminal prosecution. The article concludes that it is necessary to improve the mechanisms for protecting the rights of participants in criminal proceedings.
Keywords: protection of rights, criminal procedure, presumption of innocence, right to defense, adversarial nature of the parties, Code of Criminal Procedure, appeal.
Article bibliography
1. Burkov D. P. Concept and content of the institution for protecting the rights and legitimate interests of minor participants in criminal proceedings // Legal fact. – 2020. – No. 87. – P. 22-26.
2. Barchenkov D. S. Development of the system of principles in criminal proceedings // Scientific notes: collection of scientific papers, Orenburg, November 14-15, 2019. – Orenburg: RPC Poliart, 2020. – P. 106-111
3. Vasiliev F. Yu., Denisov S. A. Chapter 4. Principles of Criminal Procedure (Criminal Justice) // Actual Problems of Criminal Procedure: a textbook for adjuncts and master’s students of 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. 99-113.
4. Zubrilkina Yu. V., Chamina Yu. V., Kholodionova Yu. V. Methods of Protecting Rights and Legitimate Interests: Constitutional and Alternative // Universum: Economics and Jurisprudence. – 2021. – No. 12 (87). – P. 10-15.
5. Tingaeva I. V. Principles of state protection of victims and witnesses as participants in criminal proceedings // Scientific discussions in the era of globalization: materials of the XXIII All-Russian scientific and practical conference, Smolensk, December 08, 2022. – Smolensk: OOO “Polygraf”, 2022. – P. 249-253.
CRIMINAL PROCEEDINGS
KURBANOVA Khadizhat Malikovna
magister student of the 2nd course of the full-time study of the Institute of Law of the Dagestan State University, Makhachkala
SEFIKURBANOV Kazimagomed Sefikurbanovich
Ph.D. in Law, associate professor of Criminal process and criminology sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
OPERATIONAL INVESTIGATIVE PROCESS AND ITS REGULATION
The article examines the legal and organizational foundations of operational investigative activities in the Russian Federation, enshrined in Federal Law No. 144-FZ of August 12, 1995 “On Operational investigative activities”. The main tasks and principles of the OIA are analyzed, including legality, respect for the rights and freedoms of citizens, as well as conspiracy. Special attention is paid to the grounds for conducting operational investigative measures and methods of their implementation. Measures of responsibility for violation of legislation in this area and guarantees of citizens’ rights are discussed. The importance of interaction between the bodies carrying out the OIA and other government agencies is emphasized. The ways of using technical means and information systems in the administrative division, as well as issues of control and supervision of the activities of these bodies, are considered. The conclusion is made about the importance of ensuring the rule of law and protecting the rights of citizens in the process of OIA.
Keywords: rational investigative activities, legal foundations, organizational principles, legality, citizens’ rights, technical means, control and supervision.
Bibliographic list of articles
1. Bzhikhatlova L. V. Concept and elements of the system of operational-search activity: theoretical outline // Innovations. Science. Education. – 2021. – No. 42. – P. 316-323.
2. Davydova S. A., Myasnikov A. P. Operational-search activity and transformation of its results in criminal proceedings // Jurist-Pravoved. – 2022. – No. 2 (101). – P. 51-55.
3. Zheleznyak N.S. On the problems of departmental regulatory control of individual operational-search activities // Bulletin of the Kuzbass Institute. – 2022. – No. 3 (52). – P. 143-149.
4. Nikolaeva V. . K. On the issue “On the grounds for conducting operational-search activities” // Law and education. – 2023. – No. 7. – P. 79-85.
5. Shakhmatov A. V. Concept and content of investigative work of operational units of internal affairs bodies // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2021. – No. 2 (90). – P. 118-125.
CRIMINAL PROCEEDINGS
LANTUKH Eduard Vladimirovich
Ph.D. in Law, Associate Professor, Head of General Legal Disciplines Sub-Faculty of the Leningrad Regional Branch of the St. Petersburg University of the MIA of Russia
LYAKHOV Igor Vladimirovich
Ph.D. in Law, senior lecturer of Labor law sub-faculty of the St. Petersburg University of the State Fire Service of the EMERCOM of Russia
CHASOVNIKOVA Olga Georgievna
Ph.D. in Law, associate professor of Labor law sub-faculty of the St. Petersburg University of the State Fire Service of the EMERCOM of Russia
SYSTEM OF PROSECUTORAL SUPERVISION AT THE STAGE OF INSTITUTION OF A CRIMINAL CASE
The article emphasizes the importance of establishing the subject and object as an element of the crime when implementing the first stage of criminal proceeding. A list of questions is determined on which the prosecutor relies when exercising his powers at this stage of the investigation. The subject of supervision and control by the prosecutor’s office is examined, which includes both actions and inactions of preliminary investigation bodies.
Keywords: prosecutorial authorities, prosecutorial control and supervision, subject and object of prosecutorial supervision , officials, pre-investigation measures, power of the prosecutor.
Article bibliography
1. Criminal Procedure Code of the Russian Federation of 18.12.2001 No. 174-FZ (as amended on 22.04. .2024) // Collection of Legislation of the Russian Federation. – 2001. – No. 52 (Part I). – Art. 4921.
2. Akbatyrova R.S. Object and subject of prosecutorial supervision of procedural activities at the stage of initiating a criminal case . [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/obekt-i-predmet-prokurorskogo-nadzora-za-protsessualnoy-deyatelnostyu-na-stadii-vozbuzhdeniya-ugolovnogo-dela (date of access: 26.01.2024).
3. Tyubin-Moskvin E. M. Prosecutor’s supervision at the pre-trial stage of criminal proceedings // Actual problems of science and practice: Gatchina readings 2023: collection of scientific papers based on the materials of the X International scientific and practical conference. – Gatchina: 2023. – P. 324.
4. Order of the Prosecutor General’s Office of Russia dated 10.23.2023 No. 730 “On the organization of prosecutorial supervision over the implementation of laws when accepting, registering and resolving reports of crimes in inquiry bodies and preliminary investigation bodies” / / Legality. – 2023. – No. 12.
5. Order of the Prosecutor General’s Office of Russia dated September 17, 2021 No. 544 (as amended on February 22, 2023) “On the organization of prosecutorial supervision over the procedural activities of preliminary investigation bodies” // Legality. – 2021 . – No. 12.
CRIMINAL PROCEDURE
MISHCHENKO Elena Valerjevna
Ph.D. in Law, associate professor, professor of Criminal process and criminology sub-faculty of the Faculty (command) of the St. Petersburg Military Order of Zhukov Institute of the National Guard of the Russian Federation
TERMINATION OF CRIMINAL PROSECUTION FOR TAX CRIMES: SOME PROBLEMATIC ASPECTS
The article raises the problem of tax-related criminal proceedings, the presence of features of regulation of which in the criminal procedure law is not supported by all scientists. In particular, the regulation of the termination of criminal prosecution in such cases is considered, the views of scientists on the problems of applying Article 28.1 of the Code of Criminal Procedure of the Russian Federation are analyzed, suggestions are made for its improvement in the context of preventing such crimes.
Keywords: proceedings in cases of tax crimes, termination of criminal prosecution, compensation for damage to the budget system, criminal procedural crime prevention.
Article bibliographic list
1. RBC: security forces have uncovered a scheme for tax evasion via Telegram bots. [Electronic resource]. – Access mode: https://www.kommersant.ru/doc/6478603 (date of access: 21.07.20024).
2. Ivanov P. I., Lobanov M. A. Actual problems of legal regulation of activities on identification, disclosure and investigation of tax crimes and ways to solve them // State and Law. – 2012. – No. 10. – P. 46-53.
3. Batyanova L. N., Borisova Yu. V., Chigrina E. V. ., Kornakova S. V. Legal and socio-economic problems of territorial development: tax aspect // Baikal Research Journal. – 2017. – Vol. 8. No. 4. – P. 18.
4. Shustova D. D. The relationship of the new approach of the legislator to the investigation of tax crimes with the process of its proof // Actual problems of jurisprudence. – 2017. – No. 4 (56). – P. 52–55.
5. Commentary on the Criminal Procedure Code of the Russian Federation / Ed. by V. T. Tomin, M. P. Polyakov. – 5th ed., revised and add. – M.: Yurait Publishing House. – 1351 p.
6. Kuvaldina Yu. V. Article 28.1 of the Criminal Procedure Code: the procedural essence of the institution and its relationship with related models. – P. 203–208.
7. Resolution of the Plenum of the Supreme Court of the Russian Federation of June 27, 2013 No. 19 (as amended on November 29, 2016) “On the application by courts of legislation regulating the grounds and procedure for exemption from criminal liability” // Rossiyskaya Gazeta . – 2013. – No. 145.
8. Blagov E. V. Release from criminal liability (reflections on problems and their overcoming): monograph. – M.: Yurlitinform, 2018. – 224 p.
9. Vlasenko V.V. On the need for additional conditions for release from criminal liability in cases of crimes in the sphere of economic activity (Article 76.1 of the Criminal Code of the Russian Federation) // Russian judge. – 2015. – No. 12. – P. 28-31.
10. Mishchenko E. V., Kornakova S. V., Mishin V. V. Validity and motivation of the decision to terminate criminal prosecution due to active repentance // Bulletin of Tomsk State University. – 2020. – No. 452. – P. 239-245.
11. Kornakova S. V. On the issue of the principle of justice // Siberian criminal procedure and forensic readings. – 2014. – No. 2 (6). – pp. 64-70.
CRIMINAL PROCEDURE
LIFANOVA Liliya Gennadjevna
Ph.D. in Law, associate professor, professor of Criminology sub-faculty of the Stavropol branch of the Krasnodar University of MIA of Russia
ZHURAVLEV Andrey Anatoljevich
assistant prosecutor of the Predgorny district of Stavropol Territory
PROBLEMS OF COMPENSATION FOR DAMAGE CAUSED BY A CRIME AT THE STAGE OF PRE-TRIAL PROCEEDINGS
The purpose of criminal proceedings is to protect the rights and legitimate interests of persons and organizations who have suffered from crimes. An individual and a legal entity may be recognized as a victim in the event of harm to him by an unfair act provided for by criminal law. The procedural means of compensation for harm regulated in the Code of Criminal Procedure of the Russian Federation can be implemented only if the person who committed the crime is identified. However, the disclosure of a crime does not guarantee the restoration of the violated rights of the victim. This article focuses on the problems that arise in the process of investigating criminal cases related to compensation for damage and compensation for harm that are the consequences of a crime.
Keywords: compensation for damage, compensation for harm, subject of proof, victim, disclosure of crimes.
Article bibliographic list
1. State of crime in Russia for January – December 2023. – M.: FKU “Main Information and Analytical Centerr» Ministry of Internal Affairs of the Russian Federation, 2024.
2. Lifanova L. G. On the issue of voluntariness after criminal behavior in the application of Art. 28.1 of the Criminal Procedure Code of the Russian Federation // Interaction of government bodies in the investigation of corruption-related crimes: problems and ways to solve them: materials of the International scientific and practical conference (Moscow, October 23, 2014). – M .: Academy of the Investigative Committee of the Russian Federation, 2014. – P. 235-238
3. Martynenko N. E. The concepts of “harm” and “damage” and their criminal-law assessment // Works of the Academy of Management of the Ministry of Internal Affairs of Russia. – 2020. – No. 2 (54). – P. 103-109.
4. Shumakov S. A. Criminal-legal significance of compensation for damage caused by a crime: dis. … cand. jurid. sciences. – Krasnodar, 2022. – 194 p.
5. Ushakov D. N. Large explanatory dictionary of the modern Russian language. 180,000 words and phrases. – M .: Alta-Print: DOM. XXI century, 2009. – 1239 p.
6. Definition of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated 01/27/2015 No. 81-KG14-19 // Consultant Plus: comp. reference legal system. [Electronic resource]. – Access mode: http://www.consultant.ru (date of access: 06/27/2024).
7. Shkabin G. S. Harm in criminal law: types and legal regulation // Lex Russica. – 2016. – No. 8 (117). – P. 62-80.
8. Resolution of the Plenum of the Supreme Court of the Russian Federation of June 27, 2013 No. 19 “On the application by the courts of legislation regulating the grounds and procedure for exemption from criminal liability” // Consultant Plus: comp. reference legal system. [Electronic resource]. – Access mode: http://www.consultant.ru (date of access 06/27/2024).
9. Sadov A. Yu. Criminal procedural mechanism for restoring violated property and non-property rights of persons who suffered from a crime: author’s abstract. diss. … candidate of legal sciences. – Vladimir, 2008. – 22 p.
10. Nguyen Van Tien. On the issue of methods of compensation for harm caused by a crime // Bulletin of Economic Security. – 2019. – No. 2. – P.134-138.
CRIMINAL PROCEEDINGS
TAILOVA Aisha Gabibovna
Ph.D. in Law, associate professor of Legal disciplines sub-faculty of the North Caucasus Institute of the All-Union State University of Justice (RLA of the Ministry of Justice of Russia), branch in Makhachkala
ALIEVA Raisat Gajimuradovna
magister student of the 2nd course of the North Caucasus Institute of the All-Union State University of Justice (RLA of the Ministry of Justice of Russia), branch in Makhachkala
THE ROLE OF THE JUDGE’S INNER CONVICTION IN CRIMINAL PROCEEDINGS
Тhe article analyzes the judge’s inner conviction when evaluating evidence in criminal proceedings. The judge’s inner conviction is considered as a key category in criminal proceedings. The authors draw attention to the fact that the judge’s inner conviction when evaluating evidence in a criminal case is the result of deep analytical work, which requires judges not only knowledge, but also the ability to perceive and interpret facts, as well as take into account the available evidence and facts. Inner conviction is based on a comprehensive, complete and objective study of all case materials in their entirety. The article reflects the authors’ opinion that, ultimately, inner conviction forms the basis for making a decision on the case.
Keywords: inner conviction, evidence, assessment, legal proceedings, criminal case.
Article bibliography
1. Alekseeva T. A. Justice as a contract (a critical analysis of John Rawls’s theory) // Problems of political philosophy. – M., 1991. – 230 p.
2. Gorevoy E. D. Inner judicial conviction in assessing evidence in criminal cases. – M.: Publishing house “Yurlitinform”, 2008. – 136 p.
3. Grinenko AV Criminal Procedure Code of the Russian Federation: article-by-article scientific and practical commentary: textbook. – Moscow: Prospect, 2018. – 1040 p.
4. Enaeva LK Criminal procedure: textbook. 2nd ed. – M.: FORUM: INFRA-M, 2007. – 320 p.
5. Ryzhakov A. P. Brief course of criminal procedure. Textbook. – Information and publishing house “Filin”, 1998. – 230 p.
6. Criminal procedure. Textbook for universities. Under the general editorship. Honored Lawyer of the RSFSR, Doctor of Law, Professor A.S. Koblikov. – M.: Publishing house NORMA (Publishing group NORMA-INFRA-M, 2000. – 384 p.
CRIMINAL PROCEDURE
TRIFONOVA Christina Alexeevna
Ph.D. in Law, associate professor, Deputy Head of Investigative activities sub-faculty of the Educational and Scientific Complex of Preliminary Investigation in the Internal Affairs of the Volgograd Academy of the MIA of Russia
SAAKYAN Artem Grigorjevich
Ph.D. in Law, associate professor, Deputy Head of Criminalistics sub-faculty of the Nizhny Novgorod Academy of the MIA of Russia
PROCEDURAL AND CRIMINALISTIC ASPECTS OF THE USE OF VIDEO RECORDING MATERIALS IN THE INVESTIGATION OF CRIMES
The digitalization of investigative activities has necessitated the use of video recording materials in evidence, which record events that make it possible to establish circumstances significant for the investigation. The article proposes rules for fixing the fact of detection and initial inspection of video recording materials in the protocol of inspection of the scene of the incident, provided that they are further copied to an electronic media. It is noted that the integrity of the seized video file is of great importance for long-term proof. The possibility of calculating the checksum of a video file in order to confirm the integrity of digital information is substantiated.
Keywords: video surveillance, inspection of the scene, electronic media, copying, evidence, hash sum.
Article bibliographic list
1. Nazirova N.A. Tactical features of seizure and subsequent inspection of video recordings in criminal cases investigated on the basis of the crime provided for in Article 173.1 of the Criminal Code of the Russian Federation Federation // Police and investigative activities. – 2019. – No. 3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/takticheskie-osobennosti-izyatiya-i-posleduyuschego-osmotra-videozapisi-po-ugolovnym-delam-rassleduemym-po-priznakam-prestupleniya (date of access: 05/27/2024 ).
2. Biryukov S. Yu., Skorikov D. G., Zakatov A. A. The Importance of Speech Culture in the Work of an Investigator // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2018. – No. 3 (46). – pp. 116-121.
CRIMINAL PROCEDURE
ALDATOV Rasul Magomedovich
magister student of the 2nd year of full-time study of the Institute of Law of the Dagestan State University, Makhachkala
ASADUEVA Sapiyat Asadullakhovna
senior lecturer of Criminal process and criminalistics sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
INITIATION OF A CRIMINAL CASE IN THE RUSSIAN CRIMINAL PROCESS: ACTUAL PROBLEMS
The article analyzes the current problems of initiating criminal proceedings in the Russian criminal process, as well as the issues of legislative regulation and practical application of the norms of the Criminal Procedure Code of the Russian Federation. A detailed analysis of the criteria for assessing the sufficiency of data indicating signs of a crime is carried out, and the main shortcomings of current legislation are identified. Special attention is paid to the problems of insufficient motivation of decisions, pressure on investigators and insufficient qualifications of investigative staff. The issues of interaction between the investigative authorities, the prosecutor’s office and the courts are being investigated, as well as cases of using the initiation of a criminal case for the purpose of pressure or blackmail. The article provides specific examples from judicial practice confirming the need for reform legislation and the practice of its application.
Keywords: initiation of a criminal case, the Code of Criminal Procedure of the Russian Federation, legislative regulation, investigative bodies, law enforcement, judicial practice, reforms.
Article bibliography
1. Alikina L. A. Actual problems of the stage of initiation of a criminal case // Perm period: Collection of materials IX International scientific and sports festival of cadets and students of educational organizations, Perm, May 16-20, 2022. Volume 1. – Perm: Perm Institute of the Federal Penitentiary Service, 2022. – P. 10-12.
2. Volokh V. V., Gorodilov N. S. Initiation of a criminal case in Russian criminal proceedings: current issues // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2021. – No. 2 (57). – P. 84-92.
3. Novoseltsev V. V. Actual problems of the stage of initiation of a criminal case // The role of science and education in the modernization of modern society: a collection of articles of the International scientific and practical conferences, Kaluga, December 10, 2021. Volume Part 2. – Ufa: Limited Liability Company “Aeterna”, 2021. – P. 120-122.
4. Polyakova A. D. Actual problems of the stage of initiation of a criminal case in criminal proceedings in Russia // My choice is science!: collection of materials from the VI Regional Youth Conference, XLVI scientific conference of students, master’s students, postgraduates and students of lyceum classes, Barnaul, April 17-27, 2019. – Barnaul: Altai State University, 2020. – S. 1827-1832.
5. Tkachev A. Yu. Actual problems of initiating a criminal case as an initial stage of pre-trial proceedings // Scientific education. – 2020. – No. 2 (7). – P. 402-405.
CRIMINAL PROCEEDINGS
ALIBAEVA Guzel Aidarovna
competitor of the Institute of Law of the Ufa University of Science and Technology
CHOOSING AN INVESTIGATIVE ACTION AS A DISPLAY OF PROCEDURAL INDEPENDENCE OF THE INVESTIGATOR
An integral part of the formation of the authority of investigators in society is their procedural independence. The investigator, knowing that he bears personal responsibility for this or that procedural decision, will strive to comply with the law at all stages of criminal proceedings. Manifestations of the procedural independence of the investigator include the choice of investigative action. This article analyzes the features of the investigator’s implementation of the principle of independence when choosing an investigative action.
Keywords: investigative action, investigator, procedural independence, competence, investigation, crime.
Article bibliography
1. Karagodin V.N. Inspection of the crime scene, search or seizure? // Russian Law Journal. – 2012. – No. 5. – P. 128-132.
2. Kosheleva M. A. Stereotypes of choosing investigative actions // Vector of Science TSU. – 2013. – No. 2 (24). – P. 290-295.
3. Popov D. P. Independence of the investigator: problematic aspects of determining the legal essence and functional purpose // Russian investigator. – 2020. – No. 11. – P. 19-23.
4. Sheifer S. A. Investigative actions: system and procedural form. – M.: Yurlitinform, 2001.
CRIMINAL PROCEEDINGS
BLINOV Ivan Alexandrovich
postgraduate student of Prosecutor’s supervision and organization of law enforcement activities sub – faculty of the Institute of Law of the Chelyabinsk State University
PROBLEMS OF IMPLEMENTATION OF POSITIONS OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION ON OBSERVANCE OF THE CONSTITUTIONAL RIGHTS OF MAN AND CITIZEN PROVIDED BY PART 2 OF ART. 23, ART. 25 OF THE CONSTITUTION OF THE RUSSIAN FEDERATION, AT AUTHORIZATION OF OPERATIVE-SEARCH MEASURES
The article considers the basic requirements set by the Constitutional Court of the Russian Federation on observance of constitutional rights of a man and citizen to confidentiality of correspondence, telephone conversations, postal, telegraphic and other messages, and also inviolability of a dwelling at decision of a question on carrying out operative-search measures limiting constitutional rights of a man and citizen.
Keywords: operational-search activity, operational-search activities that limit the constitutional rights of man and citizen to the secrecy of correspondence, telephone conversations, postal, telegraphic and other messages transmitted via electric and postal communication networks, as well as the right to inviolability of dwelling, secrecy of correspondence, telephone conversations, postal, telegraphic and other messages, inviolability of dwelling, Constitutional Court of the Russian Federation; Constitution of the Russian Federation.
Article bibliography
1. Dytchenko G.V., Nikitin E.L. Legality of conducting operational-search measures that limit the constitutional rights of citizens // Criminalist. – Saint Petersburg, 2011. – No. 1 (8). – P. 101-108. – [Electronic resource]. – Access mode: https://www.elibrary.ru/download/elibrary_26027008_81180093.pdf.
2. Zheleznyak N. S. On the need for judicial sanctioning of operational-search measures carried out on an urgent basis // Bulletin of the Siberian Law Institute of the Federal Drug Control Service of Russia: Theory and practice of law enforcement activities. – Krasnoyarsk, 2016. – No. 3 (24). – P. 5-7. – [Electronic resource]. – Access mode: https://www.elibrary.ru/download/elibrary_26737950_12743508.pdf.
3. Nikolyuk V. V., Vinogradova V. A. Quasi-control of the court over the conduct of operational-search activities // Works of the Academy of Management of the Ministry of Internal Affairs of Russia. – Moscow, 2023. – No. 1 (65). – P. 122-130. – [Electronic resource]. – Access mode: https://www.elibrary.ru/download/elibrary_50463779_48509499 .pdf.
4. Semenchuk V. V. Fundamentals of legal regulation of social relations related to the results of operational-search activities // Lex Russica (Russian law). – Moscow, 2023. – V. 76. No. 5 (198). – P. 120-135. – [Electronic resource]. – Access mode: https://www.elibrary.ru/download/elibrary_53742395_86577126.pdf.
5. Semenchuk V. V. Judicial control over operational-search activities – an alternative to prosecutorial supervision // Bulletin of the Nizhny Novgorod University named after N. I. Lobachevsky. – Nizhny Novgorod, 2020. – No. 4. – P. 130-141. – [Electronic resource]. – Access mode: https://www.elibrary.ru/download/elibrary_44100840_10480325.pdf.
6. Chechetin A.E., Shatokhin I.D. Some problematic issues of legal regulation of wiretapping of telephone conversations // Bulletin of the Altai State Universityeta. – Barnaul, 2017. – No. 6 (98). – P. 115. – [Electronic resource]. – Access mode: https://elibrary.ru/download/elibrary_30721198_75805032.pdf.
7. Chechetin A. E., Shatokhin I. D., Schmidt A. A. Operational-search activity in decisions of the Constitutional Court of the Russian Federation // Barnaul Law Institute of the Ministry of Internal Affairs of Russia. – Barnaul, 2022. – P. 136. – [Electronic resource]. – Access mode: https://kalinovsky-k.narod.ru/b1/Chechetin_2022.pdf.
8. Chechetin A. E. Federal Law “On Operational-Investigative Activities” in the Decisions of the Constitutional Court of the Russian Federation // Works of the Academy of Management of the Ministry of Internal Affairs of Russia. – Moscow, 2020. – No. 3 (55). – P. 65-76. – [Electronic resource]. – Access mode: https://www.elibrary.ru/download/elibrary_44030532_88219582.pdf.
9. Shatokhin I. D. Some problematic issues of judicial control over operational-investigative activities // Altai Legal Bulletin. – Barnaul, 2017. – No. 1 (17). – P. 142-146. – [Electronic resource]. – Access mode: https://www.elibrary.ru/download/elibrary_28961044_42281625.PDF.
10. Shatokhin I. D. Ensuring the right to privacy of telephone conversations in operational-search activities (based on the materials of the Constitutional Court of the Russian Federation) // Altai Legal Bulletin. – Barnaul, 2015. – No. 1 (9). – P. 105-108. – [Electronic resource]. – Access mode: https://www.elibrary.ru/download/elibrary_23278387_47279031.PDF.
11. Shatokhin I. D. The problem of observing the right to the inviolability of the home in operational-search activities // Actual problems of combating crimes and other offenses. – Barnaul, 2019. – No. 19 (2). – P. 145-147. – [Electronic resource]. – Access mode: https://elibrary.ru/download/elibrary_37172209_68707864.PDF.
CRIMINAL PROCEDURE
MATYUNIN Oleg Valerjevich
postgraduate student of the State University for the Humanitarian sciences, managing partner of the Moscow law office “Matyunin and Partners”, head of the reception principle of the Commissioner for the Protection of the Rights of Entrepreneurs in Moscow on issues of development and consequences in the field of economic activity
PROCEDURAL FEATURES OF COMBATING TAX CRIMES IN THE PEOPLE’S REPUBLIC OF CHINA
The article examines the features of legal regulation of activities to combat tax crimes in the PRC. The author examines the system of tax crimes and offenses, the system of bodies involved in the criminal prosecution of tax crimes, the procedure for initiating and investigating criminal cases on tax crimes, and notes the characteristic features of criminal proceedings in this category of cases. The research method combines historical, logical, formal-legal and comparative-legal methods. The author draws attention to the fact that in the tax and criminal-procedural law of the PRC there is no special regulation of initiating a criminal case on a tax crime. In the PRC, tax crimes are investigated by public security agencies or the People’s Prosecutor’s Office, and not by the Investigative Committee, as in Russia. The main feature of the activity to combat tax crimes in the PRC, according to the author, is the nature of the working interaction of administrative and law enforcement agencies aimed at countering tax crime. As a result of the study, the author comes to the conclusion that the criminal procedure in China is similar to the Russian one, but with a number of unique features. The author considers the establishment of truth as a basic value of the criminal process and some other procedural rules worthy of borrowing.
Keywords: criminal procedural law of the PRC, criminal liability for tax crimes in the PRC, law enforcement agencies of the PRC, tax authorities of the PRC, detection and suppression of tax crimes in the PRC, people’s police of the PRC.
Article bibliography
1. Zakharova V.K. Pre-trial proceedings in the criminal process of the Russian Federation and the People’s Republic of China: a comparative legal study: Abstract of Cand. Sci. (Law) Dissertation. – Moscow, 2017. – 25 p.
2. Troshchinsky P.V. The influence of tradition on the law of modern China // Journal of Russian Law. – 2014. – No. 8. – P. 94-106.
3. Yuzho L. Features of the development of the tax system in the period of market transformation of the national economy (on the example of the PRC): Abstract of Cand. Sci. (Econ.) Dissertation. – Saint Petersburg, 2013. – 24 p.
CRIMINAL PROCEEDINGS
MUKHTOROV Yahyejon Asimovich
adjunct of the Academy of the MIA of Russia, major of police
ON THE ISSUE OF THE CONCEPT AND SIGNS OF ACCELERATED PROCEEDINGS IN THE SYSTEM OF CRIMINAL PROCEDURAL LAW OF THE REPUBLIC OF TAJIKISTAN
This article discusses the concept and signs of accelerated proceedings within the framework of criminal procedure legislation, analyzes their goals, advantages and possible disadvantages. By examining the experience of various jurisdictions and drawing on empirical evidence, this article aims to shed light on the role of expedited proceedings in improving the efficiency and fairness of the criminal justice system. The Institute for Fast Track Criminal Procedure provides a strategic approach to addressing backlogs, delays, and inefficiencies in the criminal justice system. The article emphasizes the importance of balancing efficiency with fundamental principles of fairness, due process and protection of the rights of the accused. Exploring the role of expedited proceedings in increasing the efficiency and effectiveness of the criminal justice system, the article proposes a concept for this institution of criminal process.
Keywords: expedited trial, criminal process, criminal procedure law, simplified proceedings, mechanisms for expedited consideration of cases, admission of guilt.
Article bibliography
1. Volynskaya, O. V. Accelerated proceedings in criminal proceedings: author’s abstract. diss. … Cand. of Law. – M., 1992. – 24 p.
2. Kachalova, O. V. Accelerated proceedings in Russian criminal proceedings: author’s abstract. dis. … Doctor of Law. – M., 2016. – 55 p.
3. Gubarev, I. S. Theoretical and legal model of abbreviated pre-trial proceedings for crimes of minor and moderate severity: dis. … candidate of legal sciences. – M., 2019. – 196 p.
4. Gerasenkov V. M. Models of accelerated pre-trial proceedings in Russian criminal proceedings: diss. … candidate of legal sciences. – M., 2020. – 232 p.
5. Dubovik N. P. Special procedure of trial and its place in the system of simplified proceedings in criminal cases: diss. … candidate of legal sciences. – M., 2004. – P. 9.
6. Prokopova, A. A. Accelerated pre-trial production in the Republic of Kazakhstan and the Russian Federation: comparative legal research: dis. … cand. jurid. sciences. – M., 2021. – 239 p. and others.
7. Poznyshev S. V. Elementary textbook of Russian criminal procedure. – M.: Publ. G. A. Leman, 1913. – 187 p. .
8. Kachalova O. V. Accelerated proceedings in Russian criminal proceedings: diss. … Doctor of Law. – M., 2016. – 18 p.
9. Tsyganenko S. S. General and differentiated criminal proceedings: diss. … Doctor of Law. – St. Petersburg, 2004. – 12 p.
10. Rakhmadzhonzoda R. R. The doctrine of criminal prosecution in criminal proceedings of the Republic of Tajikistan [Text]: diss. .. . Doctor of Law. sciences: 12.00.09. – Dushanbe, 2022. – P. 264.
11. Kachalova O. V. Accelerated proceedings in Russian criminal proceedings: diss. … doc. jurid. sciences. – M., 2016. – P. . 39.
12. Kachalova O. V. Theoretical foundations of expedited proceedings in Russian criminal proceedings. – M., 2015. – P. 72-73.
13. Kachalova O. V. Expedited proceedings in criminal proceedings : Is there a limit to the differentiation of criminal proceedings? // Current issues of Russian law. – 2016. – No. 1. – P. 145.
14. Rakhmadzhonzoda R. R. The doctrine of criminal prosecution in criminal proceedings of the Republic of Tajikistan [Text]: diss. … Doctor of Law: 12.00.09. – Dushanbe, 2022. – P. 265.
15. Kasimov A. A. Judicial power: criminal procedure research: author’s abstract. diss. … candidate of law. sciences. – Karaganda, 2001. – P. 10.
16. Gorlova S. V. Criminal prosecution as a manifestation of publicity in criminal proceedings: diss. … candidate of legal sciences. – Chelyabinsk, 2006. – P. 150- 151.
17. Tsyganenko S. S. General and differentiated procedures of criminal proceedings: diss. … Doctor of Law. – St. Petersburg, 2004. – 12 p.
18. Chernyshova I. V. Protection of the rights of participants in the process in abbreviated proceedings // Business in law. Economic and legal journal. – Issue 4. – [Electronic resource]. – Access mode: http://www.cyberleninka.ru/article/n/zaschita-prav-uchastnikov-ugolovnogoprotsessa-pri-sokraschennom-proizvodstve (date of access: 12.05.2010).
19. Petrukhin I. L., Baturov G. P., Morshchakova T. G. Theoretical Foundations of the Efficiency of Justice / Ed. G. P. Baturov. – M., 1979. – P. 185.
20. Bobryshev D. N. Basic Categories of Theory management. – M., 1986. – P. 54.
21. Kachalova O. V., Tsvetkov Yu. A. Electronic criminal case – a tool for modernizing criminal proceedings // Russian Justice. – 2015. – No. 2.
CRIMINAL PROCEEDINGS
TARASENKO Darya Viktorovna
postgraduate student of the Law Faculty of the St. Petersburg State University, lawyer
THE INSTITUTION OF SECRET INVESTIGATIVE ACTIONS IN THE CONTEXT OF ENSURING THE CONSTITUTIONAL RIGHTS OF PARTICIPANTS IN THE CRIMINAL PROCESS
In the article, the author analyzes the institution of covert investigative actions in the context of the possibility of implementing foreign experience in regulating this institution. The author draws conclusions based on an empirical basis regarding the inexpediency of making changes to the Code of Criminal Procedure through the prism of the need to ensure the constitutional rights of participants in criminal proceedings. Based on the essential analysis of covert investigative actions, the author concludes that the problem lies not in the total inadmissibility of legalizing the institution as such in the Russian Federation, but in the risk of mixing and duplication of investigative and operational investigative activities, as well as in the inconsistency of covert investigative actions with the essence of investigative actions as such. The author concludes that the consolidation of covert investigative actions in the form of a separate institution in the Criminal Procedure Code of the Russian Federation will lead to the blurring of the boundaries between operational investigative and investigative activities and violations of the rights of participants in criminal proceedings .
Keywords: covert investigative actions, criminal proceedings, constitutional rights, investigative action, operational investigative activities, criminal procedural activities.
Article bibliography
1. Vlasova S. V. On the issue of adapting the criminal procedure mechanism to digital reality // Library of the criminalist. – 2018. – No. 1. – P. 9-18.
2. Golovko L. V. Digitalization in criminal process: local optimization or global revolution? // Bulletin of Economic Security. – 2019. – No. 1. – P. 15-25.
3. Zhukov D. A. On the use of the results of operational-search activities in proving // Bulletin of the Moscow Academy of the Investigative Committee of the Russian Federation. – 2019. – No. 2. – P. 133-139.
4. Kalugin A. G. Covert investigative actions: prospects for implementation in the criminal procedure legislation of the Russian Federation // Bulletin of the Siberian Law Institute of the Ministry of Internal Affairs of Russia. – 2021. – No. 2 (43). – P. 115-122.
5. Kostenko A. B. On the concept of covert investigative actions // Legal science. – 2020. – No. 5. – P. 107-111.
6. Rossinsky S. B. Investigative actions. – M.: Norma, 2018. – P. 240.
7. Semenov V. A. The system of investigative actions in Russia: history and modernity // Bulletin of OSU. – 2005. – No. 3. – P. 72-76.
8. Churkin A. V. Operational-search activity (legal bases in military justice bodies): study guide. – M., 2005. – P. 25.
9. Shumilov A. Yu. On the expediency unification of detective procedures into a single criminal investigation process // Police Law. – 2005. – No. 1. – P. 70-72.
10. Sheifer S. A. The system of investigative actions: what are the ways of its development? // Laws Russia: experience, analysis, practice. – 2015. – No. 2. – pp. 5-16.
CRIMINAL PRINCIPAL LAW
GLEBOVA Ekaterina Viktorovna
Ph.D. in Law, associate professor of the Samara Institute of law of the FPS of Russia
ON THE ISSUE OF ORGANIZING SOCIAL AND EDUCATIONAL WORK WITH CONVICTS WITHIN THE FRAMEWORK OF THE PENITENTIARY PROBATION SYSTEM
Penitentiary probation is an important factor in ensuring the social adaptation of persons who are released from prison. Accordingly, penitentiary probation for the restoration of the social status of such a person will, firstly, return him to society as a full member, and secondly, prevent the commission of repeated crimes. Therefore, one of the tasks of the correctional institution, as a criminal justice body, is to maximize the implementation of penitentiary probation, including through the organization of social and educational work.
Keywords: probation, penal enforcement system, educational work, re-socialization, convicts, psychological assistance.
Article bibliography
1. On the Concept of Development of the Criminal-Executive System of the Russian Federation for the Period up to 2030: order Government of the Russian Federation No. 1138-r [adopted April 29, 2021] // Access from the reference and legal system “Consultant Plus”.
2. Federal Law of February 6, 2023 No. 10-FZ “On Probation in the Russian Federation » // Access from the reference and legal system “Consultant Plus”.
3. Eremeeva A. A. Penitentiary social work on the restoration, maintenance and strengthening of social ties of convicts: dis. … candidate of sociological sciences. – Nizhny Novgorod, 2022.
4. On the resocialization, social adaptation and social rehabilitation of persons, in in respect of whom probation is applied in accordance with the Federal Law of 06.02.2023 No. 10-FZ “On Probation in the Russian Federation”: order of the Ministry of Justice of Russia [adopted on November 29, 2023 No. 350] // Official Internet portal of legal information (http:/ /pravo.gov.ru) November 30, 2023
5. Nichugovskaya O. N. Resocialization and social adaptation in the penal system: a tutorial. – Voronezh: Nauchnaya kniga, 2020. – P. 19.
6. Ivashko N. N. Features of educational work with convicts in correctional institutionszhdeniyakh // Bulletin of the Kuzbass Institute. – 2017. – P. 169.
7. Naryshkina N. I., Zvonova A. V. Legal regulation of educational work in the penal system: a tutorial. – Vladimir: VYU FSIN of Russia, 2021. – P. 36.
8. Eremeeva A. A. Penitentiary social work to restore, maintain and strengthen the social ties of convicts: dis. … Cand. Sociological Sciences. – Nizhny Novgorod, 2022. – P. 54.
9. Debolsky M. G. Psychological service of the penal system of Russia: implementation experience // Russian Psychological Journal. – 2004. – P. 125.
CRIMINAL-EXECUTIVE LAW
GORKINA Svetlana Alexandrovna
Ph.D. in Law, associate professor, Deputy Head of Management and organization of activities of the UIS sub-faculty of the Academy of the FPS of Russia
EDUCATIONAL IMPACT OF THE HEAD OF THE UIS ON EMPLOYEES: PROBLEMS AND PROSPECTS IN THE SYSTEM OF RESOLVING SUICIDAL BEHAVIOR OF EMPLOYEES
The article deals with the issues of professional competence of the heads of the UIS in resolving conflicts among employees, pays attention to the prevention of destructive phenomena and professional deformation of personality.
The main tasks of educational work with employees of the penitentiary system are revealed within the framework of the implementation of the “Comprehensive plan of preventive measures to prevent crimes, violations of the rule of law, official discipline and emergencies among the personnel.” In the article, the author analyzes the suicide rate among employees in 2023 and the motives that contributed to the commission of suicides among employees.
The author focuses on the areas of work on the development of professional competence of the heads of the UIS within the framework of the algorithm of actions of the employees of the UIS on the organization of work on suicide prevention among personnel.
Keywords: penal enforcement system, suicide, professional competence, legality, service discipline.
Article bibliography
1. Dolinin A. Yu. Activities of the Academy of the Federal Penitentiary Service of Russia to improve the level of professional competence of the heads of institutions and bodies of the penal system // Organizational and legal support for the activities of the penal system: problems and development prospects: materials of the international scientific and practical conference dedicated to the memory of the Honored Scientist of the RSFSR, Doctor of Law, Professor A. I. Zubkov and the Day of Russian Science, Ryazan, February 08, 2022. – Ryazan: Academy of the Federal Penitentiary Service of Russia, 2022. – P. 134-139.
2. Bevz L. V. The role of the head of the Penitentiary System in preventing convicts from committing cases of violence (insults) against the personnel of the Penitentiary System // Organizational and legal support for the activities of the penal system: problems and development prospects: materials of the international scientific and practical conference dedicated to the memory of the honored scientist of the RSFSR, Doctor of Law, Professor A. I. Zubkov and the Day of Russian Science, Ryazan, February 08, 2022. – Ryazan: Academy of the Federal Penitentiary Service of Russia, 2022. – pp. 48-50.
CRIMINAL EXECUTIVE LAW
ZUBKOVA Valentina Ivanovna
Ph.D. in Law, professor, chief researcher of the Laboratory of socio-legal research and comparative law of the Faculty of Law of the M. V. Lomonosov Moscow State University
GOLOVASTOVA Yuliya Alexandrovna
Ph.D. in Law, associate professor, professor of Criminal executive law and organization of educational work sub-faculty of the Academy of the FPS of Russia, professor of Criminal law and humanitarian disciplines sub-faculty of the S. Yu. Witte Moscow University, Ryazan branch
ON THE ISSUE OF THE PUBLIC DANGER OF THE PERSONALITY OF CONVICTS IN PLACES OF DEPRIVATION OF LIBERTY
The article examines the social danger of the personality of a distinguished person serving a prison sentence. The “state of danger” of convicts is analyzed, taking into account their various role positions in correctional institutions. Special attention is paid to the peculiarities within the framework of criminal law characteristics. The conclusion is formulated that the presented cross-section of criminal law criteria allows us to model an individual approach to the correction of convicts and the prevention of new crimes by them.
Keywords: public danger, outstanding person, criminal law characteristics; crime; recidivism of crimes
Article bibliography
1. Golovastova Yu. A., Gordopolov A. N., Pavlenko A. A. General characteristics of the behavior of convicts serving a sentence of imprisonment (based on the materials of a special census of convicts and persons in custody, December 2022): monograffia / Under the scientific editorship of V. I. Seliverstov. Moscow, Prospect, 2024. 96 p.
2. Gontar I. The category of “social danger” in criminal law: ontological aspect // Criminal law. 2007. No. 1. P. 16-19.
3. Yuzhanin V. E. Social danger of the personality of a convict as a category of criminal-executive law // Bulletin of the Institute: Crime, Punishment, Correction. 2014. No. 2 (26). S. 18.
CRIMINAL PRINCIPAL LAW
MEDVEDEVA Inna Nikolaevna
researcher of the Center for the Study of Problems of Management and Organization of the Execution of Sentences in the Penal System of the Federal State Institution “Research Institute of the Federal Penitentiary Service” of Russia
ON SOME FEATURES OF THE APPLICATION OF PROBATION IN GEORGIA
In 2024, probation became especially relevant for the penal system of the Russian Federation, which is why both the scientific community and practitioners of the penitentiary system needed to study the experience of foreign countries in the application of probation. In this article, the author provided an analysis of the legislation and statistical data of Georgia on the application of probation. Some provisions of the legislation of Georgia on the application of probation, in our opinion, may be of particular interest to specialists and practitioners.
Keywords: convicts; probation; criminal-executive legislation; Georgia.
Article bibliography
1. Website of the printed organ of the Ministry of Justice of Georgia. Legislative Herald of Georgia. [Electronic resource]. – Access mode: https://www.matsne.gov.ge/ru (date of access: 26.07.2024).
2. Geostat official website. Criminal Justice Statistics. [Electronic resource]. – Access mode: https://www.geostat.ge/en/modules/categories/680/hate-crimes-statistics (date of access: 26.07.2024).
3. Medvedeva I. N. On the issue of organizing the selection of personnel in the penitentiary services of some foreign countries // Eurasian Law Journal. – 2024. – No. 4 (191). – P. 339-340. – EDN WTHATI.
4. Medvedeva I. N. On the specifics of the execution of detention and imprisonment in Georgia // Eurasian Law Journal. – 2024. – No. 1 (188). – P. 325-326. – EDN EJEKLO.
CRIMINAL PRINCIPAL LAW
MERKUSHEVA Alisa Ivanovna
senior inspector of the Educational Department of the Samara Law Institute of the FPS of Russia, captain of the internal service
TITOV Dmitriy Valerjevich
Ph.D. in technical sciences, associate professor, senior lecturer of Economics, management and engineering support of the penal enforcement system sub-faculty of the Vologda Institute of Law and Economics of the FPS of Russia, lieutenant colonel of the internal service
TOPICAL ISSUES OF THE USE OF INFORMATION TECHNOLOGY SECURITY TOOLS IN CORRECTIONAL INSTITUTIONS
The article analyzes the functional content of the processes of engineering and technical support of bodies and institutions of the penal enforcement system in order to theoretically substantiate the current measures used to use modern means of ensuring control and access to sensitive facilities, means of obtaining and processing information, computer automated systems for personality recognition and others. The conclusions obtained in the comparative analysis of the literature study contribute to the formation of ideas about the systematic justification of the requirements for the use of engineering and technical means in penitentiary institutions, which make it possible to enhance security, optimize work processes, make them more transparent and controlled, and contribute to reducing the number of violations by convicts.
Keywords: penal enforcement system, correctional institutions, engineering and technical facilities, information technology, automated complexes, security, control, supervision, information processing.
Article bibliography
1. The penal system today: the interaction of science U26 and practice: materials of the XXI All-Russian scientific and practical conference, October 20-21, 2021 / Ed. Cand. ped. sciences, Assoc. prof. A. G. Chirikov. – Novokuznetsk: FKOU VO Kuzbass Institute of the Federal Penitentiary Service of Russia, 2021. – 326 p.
2. Khodjaliev S. A. Some Features of the Application and Execution of Sanctions in the Form of Restrictions on Freedom under the Criminal Legislation of the Russian Federation // Humanitarian, Socio-Economic and Social Sciences. – 2020. – No. 10. – P. 201-203.
3. Epifanov S. S., Klenov S. N., Popov V. V., Ivanov A. A. Special Law Enforcement Techniques (Theoretical, Legal and Organizational Aspects): A Tutorial. – Moscow: FGKUTA, 2015. – 204 p.
CRIMINALISTICS
BIRYUKOV Svyatoslav Yurjevich
Ph.D. in Law, associate professor, associate professor of Procedural law and criminology sub -faculty of the Institute of Law of the Volgograd State University
TRUBCHANINOV Alexey Viktorovich
senior lecturer of Organization of investigative work sub-faculty of the Educational and Scientific Complex for Preliminary Investigation in the Internal Affairs Bodies of the Volgograd Academy of the MIA of Russia
SELECTED THEORETICAL AND APPLIED ASPECTS OF THE CONSTRUCTION OF THE VERSION
The study of the theory of modern criminology shows that at present the so- called situational approach has replaced the “version approach” in the criminalistic methodology of investigating crimes of certain types, which is based on the so-called typical investigative situation. On the other hand, the analysis of investigative practice also gives reason to talk about the loss of confidence in the version work by a significant part of the investigation and inquiry staff as one of the fundamental factors of the effectiveness of activities to establish all the circumstances of the crime under investigation. It seems that these negative trends have arisen due to the lack of modern forensic research within the framework of the doctrine of investigative versions, as well as the disregard of the law enforcement officer for the aspects of versioning developed by criminology.
This article discusses some issues of theory and practice of putting forward versions during the production of a preliminary investigation by its subjects, which largely guarantees the effectiveness of such work.
Keywords: version, Investigative version, crime investigation, subject of investigation.
Bibliographical list of articles
1. Ermolovich V.F. Construction and verification of versions in the investigation of thefts: Textbook. allowance. – Mn.: Academy of the Ministry of Internal Affairs of the Republic of Belarus, 1995.
2. Luzgin I. M. Modeling in the investigation of crimes. – Volgograd. Higher School of the Ministry of Internal Affairs of the USSR, 1983.
3. Zuikov G. G. Research of methods of committing and evading criminal liability as a prerequisite for increasing the effectiveness of investigation planning // Versions and investigation planning. – Sverdlovsk, 1985. – P. 90-94.
4. Azarova E. S. Discretion of the court as part of the structure of the criminal procedural paradigm // Legal paradigm . – 2019. – Vol. 18. No. 4.
5. Luzgin I. M. Investigation as a process of cognition. – M.: Higher School of the Ministry of Internal Affairs of the USSR, 1969.
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
PECULIARITIES OF INSPECTION OF THE SCENE DURING INVESTIGATION OF INTENTIONAL DESTRUCTION OR DAMAGE TO SOMEONE ELSE’S PROPERTY COMMITTED BY ARSON
Inspection of the scene is one of the key stages in the investigation of intentional destruction or damage to someone else’s property committed by arson. This is a complex and responsible process that requires special care and professionalism from investigators. The inspection allows you to identify and record all the circumstances indicating the causes of the fire, as well as determine the nature of the damage and consequences for the facility. article, we will consider the main features of conducting an inspection of the scene when investigating arson and the importance of correct documentation of the data obtained.
Keywords: fire, inspection, detection of arson traces , scene, destruction or damage to other people’s property.
Article bibliographic list
1. Lantukh E. V., Leinova O. S., Bachieva A. V. On the issue of automation planning of crime investigations // Criminal proceedings in Russia: problems and development prospects: materials of the All-Russian scientific and practical conf. – St. Petersburg, 2019. – P. 176–181.
2. Vasiliev D. V. Some features of the initial stage of investigation of criminal cases initiated on the basis of arson // In the collection: Legal almanac. Collection of scientific papers. – Moscow, 2020. – P. 26-31.
3. Mishin A. V. Investigation and prevention of fires of personal property of citizens. – Kazan, 2001. – 88 p.
4. Kursky V. F., Nikonovich S. L., Kairgaliev D. V. On the disclosure and investigation of crimes involving the deliberate destruction and damage of military property committed by arson // Military Law. – 2022. – No. 1 (71). – P. 203-208.
CRIMINALISTICS
ERMOLAEVA Lyubov Nikolaevna senior lecturer of Criminology sub-faculty of the Ufa Law Institute of the MIA of Russia
PONOMAREVA Anna Vladimirovna
senior lecturer of Criminology and operational investigative activities sub-faculty of the Rostov Law Institute of the MIA of Russia
THE PROCESS OF FORMATION OF THE INSTITUTE OF FORENSIC EXAMINATION
The study of the formation of the Institute of forensic examinations allows us to understand its purpose and the dynamics of its content. A historical digression will highlight the stages of the development of forensic expertise in Russia: Special knowledge has always been of authoritative importance for the investigation of crimes. This was expressed in the fact that persons investigating crimes invited knowledgeable persons who had in-depth knowledge in science, craft, art and other aspects of public life to give a professional opinion. However, it was precisely as a forensic examination and the status of an expert that became isolated in the structure of special knowledge only with the advent of Soviet power. At the same time, the differentiation of expert research and the methods of their production have undergone rapid evolution since the beginning of the twentieth century. Many discoveries in science and technology have been applied in the investigation of crimes.
Keywords : expert activity, stages of development, formation of forensic expertise.
Article bibliographic list
1. Military Article of 1715 // Russian legislation of the 10th-20th centuries: in 9 volumes. Volume 4. Legislation of the period of formation of absolutism / Responsible. editor A. G. Mankov. – M.: Legal literature, 1986.
2. Quoted from: Nepochatykh A. N., Chernaya O. S. History of the formation and development of forensic examination in Russia // Criminal Procedure Code of the Russian Federation: achievements and problems of application. collection of scientific articles of the V International Student Scientific and Practical Conference. Southwestern State University. – 2019. – P. 154-157.
3. The Charter of Criminal Procedure of 1864. [Electronic resource]. – Access mode: http://www.garant.ru (date of access: 08.07 .2024).
4. Criminal Procedure Code of the RSFRR of 1923. [Electronic resource]. – Access mode: http://www.consultant.ru (date of access: 07/08/2024).
5. Criminal – procedural code of the RSFSR of 1960. [Electronic resource]. – Access mode: http://www.consultant.ru (date accessed: 02.07.2024).
6. Analytical reports on the activities of the OMVD of Russia for the Akbulaksky District for 2019, 2020, 2021, 2022, 2023, provided by the Information Center of the UMVD of Russia for the Orenburg region.
7. Analytical reports on the activities of the OMVD of Russia for the Akbulaksky district for 2019, 2020, 2021, 2022, 2023, provided by the Information Center of the UMVD of Russia for the Orenburg region.
CRIMINALISTICS
LAKOMSKAYA Marta Yurjevna
Ph.D. in Law, senior lecturer of Criminology sub-faculty of the Krasnodar University of the MIA of Russia
ABOUT THE POSSIBILITY OF INTERROGATION BY THE ACCUSED OF A WITNESS (VICTIM) DURING THE VERIFICATION OF TESTIMONY ON THE SPOT
The article discusses the implementation of the right of the accused to interrogate a person incriminating him. The author explores the opinions of proceduralists regarding the possibility of granting the right to the accused to ask questions to the witness (victim) during the verification of testimony on the spot. An analysis of the proposed form of verification testimony on the spot and a comparison with the norms of criminal procedure legislation is carried out.
Keywords: investigative actions, confrontation, verification of evidence on the spot, interrogation, reading out evidence in court, rights of the accused, pre-trial proceedings.
References
1. On the Protection of Human Rights and Fundamental Freedoms: Convention of November 4, 1950 (as amended by Protocol No. 14 of 13.05.2004) [Electronic resource]. – Access mode: https://xn--b1aew.xn--p1ai/upload/site134/document_textsort/011/827/373/Konventsiya_o_zaschite_prav_cheloveka_i_osnovnykh_svobod.pdf (date of application: 10/02/2023).
2. On Amendments to Article 281 of the Criminal Procedure Code of the Russian Federation No. 40-FZ dated 03/02/2016. [Electronic resource]. – Access mode: (date of application: 05/10/2024).
3. Shadrina E. G., Abakanova V. A. Verification of testimony on the spot: the announcement of testimony in court in accordance with Article 281 of the Criminal Procedure Code of the Russian Federation // Russian judge. 2022. No. 1.
4. Zheltobryukhov S. P. Verification of testimony on the spot with the participation of the exposed person // Russian judge. 2023. No. 1 // SPS “ConsultantPlus”.
5. On the practice of application by courts of legislation ensuring the right to protection in criminal proceedings: Resolution of the Plenum of the Supreme Court of the Russian Federation No. 29 of June 30, 2015. [Electronic resource]. – Access mode: https://vsrf.ru/documents/own/8439/ (date of application: 09.25.2023).
6. Appeal ruling of the Judicial Board for Criminal Cases of the Sverdlovsk Regional Court dated January 30, 2019 in case No. 22-100/2019 // SPS “ConsultantPlus”.
7. Cherninov A. M. “Silence is gold?”: the constitutionality of the refusal of a person who concluded a pre–trial agreement on cooperation, answer questions from the defense // Comparative Constitutional Review. 2023. No. 1.
8. Appellate ruling of the Judicial Board for Criminal Cases of the Supreme Court of the Russian Federation dated March 13, 2018 No. 86-APU18-1 // SPS “ConsultantPlus”.
9. Rudich V. V. Analysis of Articles 57 and 51 of the Constitution of the Kyrgyz Republic and the Russian Federation: correlation with international law // Izvestiya vuzov Kyrgyzstan. 2022. No. 4.
CRIMINALISTICS
NIZAEVA Svetlana Ramilevna
Ph.D. in Law, associate professor, associate professor of Constitutional and administrative law sub-faculty of the Bashkir Academy of Public Administration and Management under the Head of the Republic of Bashkortostan
KHAYRULLOVA Elvira Tagirovna
Ph.D. in pedagogical sciences, associate professor, associate professor of Criminology sub-faculty of the Kazan Law Institute of the MIA of Russia
KUSHKHOV Ruslan Khabilevich
Ph.D. in Law, senior lecturer of Special disciplines sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia
ERKEEV Ilshat Khamitovich
senior lecturer of Criminology sub-faculty of the Ufa Law Institute of the MIA of Russia
THE CONCEPT OF INTERROGATION AND ITS SIGNIFICANCE FOR THE INVESTIGATION CRIMES
Interrogation is the most common investigative action in the activities of the preliminary investigation bodies. The achievement of the goals of criminal proceedings often depends on its competent and effective implementation. The investigator (inquirer) is interested, by conducting an interrogation, to demand the maximum amount of information that will further help establish the truth in the criminal case under investigation, which imposes on the official conducting the preliminary investigation the requirement of due and strict compliance with the procedural procedure established by the Criminal Procedure Code of the Russian Federation (hereinafter referred to as the CPC of the Russian Federation) in relation to conducting the specified investigative action, as well as personal responsibility for the choice of tactics and the results of its production.
s:interrogation, investigative action, tactics of conducting, criminally significant information, stages of interrogation, evidence, typical investigative situation, investigation of a crime
Article bibliographic list
1. Babkin L. M., Pudovkin A. A. Ponyatinterrogation and its importance in proving a criminal case // Collection of scientific articles based on the results of scientific and practical conferences held at the Ryazan branch of the Moscow University of the Ministry of Internal Affairs of Russia named after V. Ya. Kikot in November 2020. Scientific electronic publication. – Ryazan, 2020. – Pp. 93-97.
2. Bezlepkin B. T. Commentary on the Criminal Procedure Code of the Russian Federation (article by article). 16th ed. – M .: Prospect, 2022. – P. 159.
3. Glazkova L. V., Barinova E. V., Manukyan A. A. Tactics of conducting interrogation in a conflict situation // Actual problems of criminal law: collection. art. – M., 2017. – P. 8-14.
4. Dosova A. V. Features of the tactics of interrogation of a suspect and an accused // Actual problems of counteracting crimes of economic and corruption orientation: collection. scientific. art. on it. university. scientific and practical. seminar. – Nizhny Novgorod, 2023. – P. 37-41.
5. Zmushko M. S. On the issue of the concept of interrogation // Actual problems of law: electronic collection. mat. of the XXII Republic. scientific and practical. conf. students, master’s students and postgraduates. – 2021. – P. 18-21.
6. Shipulya M. I. Interrogation as an important element of solving a crime // Digital society: psychological and pedagogical aspects: collection. articles based on the results of the International. scientific and practical. conf. – Sterlitamak, 2020. – pp. 118-119.
CRIMINALISTICS
POPOVA Olga Alexandrovna
Ph.D. in Law, associate professor, associate professor of Investigative activities sub-faculty of the Educational and Scientific Complex of Preliminary Investigation in the Internal Affairs of the Volgograd Academy of the MIA of Russia
SAAKYAN Artem Grigorjevich
Ph.D. in Law, associate professor, Deputy Head of Criminalistics sub-faculty of the Nizhny Novgorod Academy of the MIA of Russia
INTERROGATION OF THE WITNESS IN THE PRELIMINARY INVESTIGATION STAGE: OBJECTIVE NECESSITY, TACTICAL TECHNIQUE OR MEANS OF MULTIPLYING EVIDENCE?
When studying the materials of criminal cases, the practice of conducting at the final stage of the investigation of interrogations of witnesses who took part in such investigative actions as examining the scene of the incident, searching, checking testimony on the spot and presenting for identification was revealed. The article examines the reasons prompting the investigator to interrogate witnesses as witnesses about the circumstances of the proceedings and the results of the investigative actions carried out by him personally. The question of the expediency of interrogating witnesses at the stage of preliminary investigation, as well as compliance of the revealed practice with the requirements of the current criminal procedure law, is being considered.
Keywords: interrogation, understood, institution of witnesses, investigative actions, limits of evidence, verification of evidence, multiplication of evidence.
Article bibliography
1. Grishin A. V. Criminal procedure policy in relation to the institution of witnesses in criminal procedure legislation: historical and legal analysis and modern problems of domestic criminal procedure // Bulletin of the Belgorod Law Institute of the Ministry of Internal Affairs of Russia named after I. D. Putilin. – 2018. – No. 4. – P. 36-42.
2. Militsin S. D. Traditions as prerequisites for the continuity of criminal procedure law // Russian Law Journal. – 2020. – No. 1. – P. 88-101.
3. Bochalgin I. M. Institute of Witnesses in Russian Criminal Proceedings / // Global and Regional Research. – 2021. – Vol. 3. No. 4. – P. 189-196.
4. Review of the judicial practice of the Supreme Court of the Russian Federation No. 2 (2022). – P. 29 / Approved. by the Presidium of the Supreme Court of the Russian Federation on 12.10.2022. [Electronic resource]. – Access mode: https://www.vsrf.ru (date accessed: 07.05.2024).
5. Belokovylsky M. S. A lawyer’s work with inadmissible evidence in criminal proceedings: basic provisions and recommendations // Advocate practice. – 2008. – No. 5. –P. 28-30.
6. Bezlepkin B. T. Commentary on the Criminal Procedure Code of the Russian Federation (article by article). – Ed. 16th, revised and supplemented taking into account the changes and additions made in connection with the reform of appellate and cassation proceedings. – Moscow: OOO “Prospect”, 2023. – 672 p. – ISBN 978-5-392-36933-1.
7. Ryzhakov A. P. Permissible place and duration of interrogation. Commentary on Art. 187 of the Criminal Procedure Code of the Russian Federation. – Prepared for the ConsultantPlus system. 2023 // Reference and legal system “ConsultantPlus. – Access mode: by subscription.
8. Popova O. A. Criminal-procedural and organizational-tactical errors: prevention, detection and correction by the investigator / O. A. Popova; Volgograd Academy of the Ministry of Internal Affairs of Russia. – Volgograd, 2012. – 88 p. – ISBN 978-5-7899-0828-0.
9. Biryukov S. Yu., Skorikov D. G., Zakatov A. A. The importance of speech culture in the work of an investigator // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2018. – No. 3 (46). – P. 116-121.
10. Balakshin V. S. List of evidence presented in court proceedings: unresolved issues // Court Administrator. – 2022. – No. 4. – P. 39-44. – DOI 10.18572/2072-3636-2022-4-39-44.
CRIMINALISTICS
SAFONOVA Yuliya Sergeevna
associate professor of Preliminary investigation sub-faculty of the Volgograd Academy of the MIA of Russia
DOLGACHEVA Oksana Igorevna
Ph.D. in Law, associate professor, Deputy Head of Criminal process sub-faculty of the Nizhny Novgorod Academy of the MIA of Russia
OPPORTUNITIES AND PROSPECTS FOR THE INTRODUCTION OF DIGITAL TECHNOLOGIES IN CRIMINAL PROCEEDINGS IN RUSSIA
The article examines the issues of the use of digital technologies in criminal proceedings, identifies the positions of supporters and opponents of the introduction of electronic criminal cases into the domestic criminal process. At the same time, the experience of the Republic of Kazakhstan is considered, the obvious positive sides of digitalization of the criminal process are noted. In addition, the article discusses changes to the current Code of Criminal Procedure aimed at introducing digital document management. The authors propose measures to ensure data security and prevent the possibility of abuse of the system. It is concluded that the introduction of electronic criminal proceedings opens up significant prospects for improving the efficiency, transparency and accessibility of justice.
Keywords: electronic criminal case, digital legal proceedings, security, data protection, accessibility of justice.
Article-by-article bibliographic list
1. Gimazetdinova I. N. Criminal case as a complex procedural act and the possibility of its transfer to electronic format // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2023. – No. 3. – P. 70-75.
2. Ramaldanov H. H. Electronic criminal case: myth or reality? // Law and order: history, theory, practice. – 2022. – P. 93-98.
3. Biryukov S. Yu., Skorikov D. G., Zakatov A. A. The Importance of Speech Culture in the Work of an Investigator // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2018. – No. 3 (46). – P. 116-121.
CRIMINALISTICS
SYSENKO Alfiya Radikovna
Ph.D. in Law, associate professor of Criminology sub-faculty of the Omsk Academy of the MIA of Russia
FORENSIC RULES FOR PREPARING FOR VIDEO RECORDING USED IN INVESTIGATIVE ACTIONS
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 basic rules for preparing for the use of video recordings in investigative actions.
Video that is shot without proper preparation and planning often does not reflect all the events that correlate with the goals of the investigative action, sometimes without even recording them. Therefore, it is very important to determine the standard structure of the introduction and organizational stage of using video recordings in investigative actions.
Keywords: forensic rules, video recording, techniques, technical means, types of filming, crime investigation.
Article bibliography
1. Agafonov V. V., Gazizov V. A., Natura A. I., Protkin A. A. Forensic technology: a textbook for universities / General editor V. V. Agafonov. – 2nd ed., revised. and additional. – Moscow: Publishing house Yurait, 2024. – 161 p.
2. Bezrukov S. S. Recording or video recording: on the admissibility of opposing the methods of recording the course and results of investigative actions // Modern criminal procedural law – lessons of history and problems of further reform: Collection of materials of the International scientific and practical conference. On the 300th anniversary of the Russian police / Edited by E. B. Grishin. – Orel, Publishing House of the Orel Law Institute of the Ministry of Internal Affairs of Russia named after V. V. Lukyanov, 2018. – 430 p.
3. Dalelov M. L. The importance of forensic photography and video recording in the production of investigative actions // Eurasian Law Journal. – 2023. – No. 5 (180). – P. 373.
4. Verdict of the Kamyshansky City Court dated 06/09/2021 in case No. 1-27 / 2021. [Electronic resource]. – Access mode: http://kam.vol.sudrf.ru (date accessed: 04.06.2024) @@ Sentence of the Aleksandrovsky City Court of 02.29.2021 in case No. 1-15/2021. [Electronic resource]. – Access mode: http://aleksandrovsky.wld.sudrf.ru (date accessed: 04.06.2024).
5. Rostovtsev A. V. Legal and organizational issues of the use of digital photography and video recording in the production of investigative actions // Problems of management of investigative bodiescrimes in connection with the change in criminal procedure legislation: a collection of materials from the interuniversity scientific and practical conference. Volume Part II. – Moscow: Publisher: Academy of Management of the Ministry of Internal Affairs of the Russian Federation, 2008. – 412 p.
6. Digital forensics: a textbook for universities / VB Vekhov [et al.]; edited by VB Vekhov, SV Zuev. 2nd ed., revised and enlarged. – Moscow: Publishing House Yurait, 2024. – 490 p.
7. Eksarkhopulo A. A. Forensic science in diagrams: a textbook for the academic bachelor’s degree. – 3rd ed., revised and enlarged. – Moscow: Publishing House Yurait, 2023. – 421 p.
8. Yablokov N. P. Forensic Science: Textbook and Workshop for Universities. – 3rd ed., revised and enlarged. – Moscow: Yurait Publishing House, 2024. – 239 p.
CRIMINOLOGY
MARZAGANOVA Anzhelika Mairbekovna
Ph.D. in Law, Associate Professor of Civil and Criminal Law and Process Sub-faculty of the Gorsky State Agrarian University, Vladikavkaz
REGIONAL PECULIARITIES OF INDIVIDUAL PREVENTION OF JUVENILE DELINQUENCY
The article examines the issues, specific features of modern juvenile delinquency, as well as measures to prevent it. Based on the study of the legislation of the Russian Federation, the opinions of the scientific community and statistical data for the period from 2016 to January 2023, as well as the results of surveys of employees of the juvenile affairs units of the Krasnodar Territory and the Republic of Dagestan, regional peculiarities in the choice of means of individual prevention of juvenile delinquency have been established. It is concluded that in order to increase the effectiveness of individual juvenile delinquency prevention, it is necessary to create conditions for increasing the prestige of family values and train specialists who are able to work with children demonstrating deviant behavior. It is important to monitor the formation and development of criminal subcultures in order to study them and influence them.
Keywords: minors, youth, individual prevention, prevention, criminal ideology, subculture, motivation.
Article bibliography
1. Borisov E. A. Spread of the criminal subculture AUE among young people: key factors, threats, countermeasures // Bulletin of the Kama Social Institute. – 2020. – No. 1. – P. 16-21.
2. Guryeva I. V. Internet crime of minors: Russian and foreign experience of counteraction // Current research. – 2024. – No. 5-2 (187). – P. 12-16.
3. Demidova-Petrova E. V. Social networks and their impact on juvenile delinquency in modern Russia // Bulletin of the Saratov State Law Academy. – 2022. – No. 4 (147). – P. 116-125.
4. Zaiko T. M. Some aspects of the implementation of state policy in relation to juvenile offenders and the system of bodies implementing the prevention of juvenile and youth delinquency // Scientific almanac. – 2016. – No. 12-1 (26). – P. 349-355.
5. Latysheva L. Yu. Juvenile delinquency as one of the types of crime // Almanac of world science. – 2020. – No. 4 (40). – P. 45-48.
6. Lelekov V. A., Kosheleva E. V. Problem family and juvenile delinquency // Bulletin of the Voronezh Institute of the Federal Penitentiary Service of Russia. – 2023. – No. 3. – P. 191-195.
7. Novikov R. V. Juvenile delinquency in educational colonies // Bulletin of the Perm Institute of the Federal Penitentiary Service of Russia. – 2022. – No. 1 (44). – P. 122-128.
8. Patov D. A. Should justices of the peace be involved in the prevention of juvenile delinquency? // Justice of the peace. – 2015. – No. 5. – P. 20-24.
9. Shikova E. R., Klevtsov I. A., Dubrovsky N. S. Juvenile delinquency: a number of causes and ways to eliminate them // Legal Bulletin. – 2024. – T. 9. No. 1. – P. 121-131.
CRIMINOLOGY
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
CRIMINOLOGICAL CHARACTERISTICS OF FRAUD IN THE FIELD OF COMPUTER INFORMATION
The article is dedicated to the criminological characteristics of fraud in the field of computer information. Quantitative indicators, age and gender characteristics of criminals, social status and level of their education are considered. The data of judicial practice and official statistics are analyzed. The main attention is paid to the problems of high latency of such crimes and the difficulty in forming a unified approach to the characterization of the criminal’s personality. Based on the presented data, a conclusion is drawn about the socio-demographic portrait of a criminal in the field of computer information and its typical characteristics.
Keywords: fraud, computer information, criminological characteristics, statistics, judicial practice, criminal identity, latent crime.
Article bibliography
1. Fomin S. A. Criminological characteristics of crime and the main indicators of the characteristics of crime, its individual groups and types at the present stage // Bulletin of the Siberian Law Institute of the Ministry of Internal Affairs of Russia. – 2018. – No. 1 (30). – P. 95
2. Kozlov V. E. Theory and practice of combating computer crime. – M .: Goryachaya Liniya-Telkom, 2002. – P. 114.
3. Zinina U. V. Crimes in the field of computer information in Russian and foreign criminal law: author’s abstract. dis. … for a PhD in law. Cand. Jurid. Sciences. – M., 2007. – 4 p.
4. Luneev V. V. Course of World and Russian Criminology in 2 Volumes. Vol. II. Special Part: Textbook for Universities. – M.: Yurait Publishing House, 2015. – P. 334.
5. Kravtsov I. A. On the Issue of Socio-Demographic Personality Characteristics of a Criminal Who Embezzles Other People’s Property Using His Official Position in the Central Black Earth Region // Bulletin of the Internal Affairs Directorate of the Ministry of Internal Affairs of Russia. – 2011. – No. 3. – P. 44
6. Verdict of the Khamovnichesky District Court of Moscow No. 1-49/2014 of May 15, 2014. [Electronic resource]. – Access mode: Sud Praktika.ru.
7. Sentence of the Rudnichny District Court of Kemerovo, Kemerovo Region No. 1-41/2017 dated January 31, 2017. [Electronic resource]. – Access mode: Sud Praktika.ru.
CRIMINOLOGY
NESTEROVA Svetlana Sergeevna
Ph.D. in Law, associate professor of Criminal law sub-faculty of the Russian State University of Justice
CRIMINOLOGICAL FEATURES OF THE PERSONALITY OF AN ECONOMIC CRIMINAL
The article presents a criminological analysis of the personality of a criminal who commits crimes against property and in the field of economic activity. Gender, age, education, heredity, peculiarities of upbringing, environment and other factors influencing the development of crime in this area are analyzed. In addition, the paper presents a typology of economic criminals depending on the motive and nature of the crime. The conclusion of the work provides statistical data on economic criminals.
Keywords: the identity of the criminal, crimes in the field of economics, crimes against property, crimes in the field of economic activity, specific gravity, personality type.
Article bibliographic list
1. Afanasyeva O. R., Goncharova M. V., Shiyan V. I. Criminology: a textbook and workshop for universities. – Moscow: Yurait Publishing House, 2020. – P. 152-154.
2. Kuznetsova N. F. Motivation of crimes and trends in its change // Issues of Soviet criminology. – M., 1976. – P. 170-173.
3. Nesterova S. M. Criminological aspects of economic crime // Eurasian Law Journal. – 2023. – No. 6 (181). – P. 384-385.
4. Novoselova S. S. Problems of qualification of crimes in the sphere of economic activity: a tutorial: in 2 parts. – Part 1. – M .: Moscow State Pedagogical Univ., 2018. – P. 6-12.
CRIMINOLOGY
PEYZAK Anastasiya Viktorovna
Ph.D. in Law, associate professor of Criminal law and criminology sub-faculty of the Ufa Law Institute of the MIA of Russia
PROBLEMS OF CRIME PREVENTION PROGRAMS EVALUATIONS
The present article raises the question of the need to resolve the problem of assessing the effectiveness and impact of preventive action. The author considered the existing evaluation criteria developed by the legislator and the representatives of science. The author devoted special attention to crime prevention strategies, and also drew attention to the fact that Russian criminologists need reliable statistics to assess the impact of preventive measures on a particular type of crime, which the scientific community has no access to. In conclusion, an attempt is made to resolve possible problems when assessing the results of preventive measures, as well as the evaluation of the projects themselves in the preliminary stage, justifying the need to allocate technical resources and sufficient funding within the budget for the assessment itself.
Keywords: prevention, crime, society, evaluation, effectiveness.
Article bibliography
1. Burlakov V. I. Compensation for damage caused to society by criminal activity is an effective way to prevent crimes // Criminal law: development strategy in the 21st century: materials of the XVII International, scientific and practical. conf. – M., 2020. – P. 589-592.
2. Bytko S. Yu. The effectiveness of the preventive impact of criminal punishment on crime: theoretical and applied aspects: the authorf. … Doctor of Law. – Saratov, 2018. – 44 p.
3. Graham John, Bennett Trevor. Crime Prevention Strategies in Europe and North America. [Electronic resource]. – Access mode: https://crimescience.ru/wp-content/uploads/2015/11/Докда-Предподопение-престойность-в-Европе-и-СА-1.pdf (date of access: 10.04.2024).
4. Guryskaya A. L. Anglo-American model of crime prevention: critical analysis: monograph. – St. Petersburg, 2018. – 400 p.
5. Dikaeva M. S. Criminal punishment in Russia and foreign countries: criminological analysis: monograph. – M. 2017. – 216 p.
6. Meleshko N. P. Criminological problems of studying crime and organizing the fight against it in modern Russia // Criminology: yesterday, today, tomorrow. – 2010. – No. 2 (19). – P. 12-16.
7. Milyukov S. F. False democracy of the Russian criminal-legal policy // Criminology: yesterday, today, tomorrow. – 2014. – No. 1. – P. 64-74.
8. Milyukov S. F. Punitive and preventive potential of criminal punishment is far from exhausted // Criminology: yesterday, today, tomorrow. – 2017. – No. 2. – P. 26-29.
9. Petrovsky A. V. Criminological criteria for assessing the effectiveness of measures of individual prevention of criminal behavior // Journal of Legal and Economic Research. – 2020. – No. 2. – P. 72-77. – DOI 10.26163/GIEF.2020.50.39.010. – EDN ZOXDXC.
CRIMINOLOGY
RADCHENKO Elena Pavlovna
Ph.D. in economical sciences, chief researcher of the Department for the Study of Problems of Management and Reform of the Penal System of the Center for the Study of Problems of Management and Organization of the Execution of Sentences in the Penal System of the Federal State Institution “Research Institute of the Federal Penitentiary Service” 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
DIGITAL REHABILITATION OF CONVICTS AND SUCCESSFUL RETURN TO A DIGITAL SOCIETY
Digital transformation as a universal phenomenon has created a new reality in the rehabilitation of convicts. Digitalization promotes the development of social skills, self-esteem, rehabilitation and reintegration of convicts into society. However, many convicts are digitally incapacitated because they have never used digital technology or because they were denied access to it during their incarceration. The prison system is aimed at rehabilitating convicts, but often fails to prepare convicts for release in our modern, technologically advanced society. The use of digital rehabilitation can facilitate a smooth return to society and ensure an improved quality of life after serving a sentence. The study attempts to explain how the introduction of digital rehabilitation of convicts can contribute to improving their lives after imprisonment in society. Some ways of introducing information and communication technologies into the penitentiary system are also considered, as well as the problems, risks and benefits of bridging the digital divide.
Keywords: convict, work, social skills, digital rehabilitation, penal enforcement system.
Bibliographic list of articles
1. McDougall C., & Pearson D. A. S. (2020). The effect of digital technology on prisoner behavior and reoffending: a natural stepped wedge design // Journal of Experimental Criminology. – No. 4 (13). The Palgrave Handbook of International Cybercrime and Cyberdeviance. – P. 455-482. 978-3-319-78441-0, 978-3-319-78440.
2. Reisdorf, B. C., DeCook, J., Foster, M., Cobbina, J., & LaCourse, A. (2021). Digital reentry: Uses of and barriers to ICTs in the prisoner reentry process. Communication&Society. Information.
3. McKay, C. (2022). The Carceral automaton: Digital prisons and technologies of detention // In International journal for crime. Justice and Social Democracy. – No. 11 (1). – P. 20. https://doi.org/10.5204/ijcjsd.2137.
4. Reisdorf B. C., & DeCook J. R. (2018). Digital rehabilitation: A model of reentry into the digital age. // American Behavioral Scientist. – No. 62 (9). – R. 1273-1290. https://doi.org/10.1177/0002764218773817.
5. Taugerbeck, S., Ahmadi, M., Schorch, M., Unbehaun, D., AaL, K., & Wulf, V. (2019). Digital participation in prison – a public discourse analysis of the use of ICT by inmate // PACM on Human-Computer Interaction. – No. 3 (233). – R. 1-26. https://doi.org/10.1145/3361114.
CRIMINOLOGY
SAFONOV Andrey Alexandrovich
Ph.D.in Law, associate professor, associate professor of Technical and forensic provision expert research sub-faculty of the Training and Research Complex of Forensic Examination of the V. Ya. Kikot Moscow University of the MIA of Russia
BONDAREVA Irina Olegovna
Ph.D. in Law, Deputy Head of Criminal process and forensics sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia
EVOLUTION OF OPERATIONAL AND INVESTIGATIVE ACTIVITIES OF INTERNAL AFFAIRS BODIES
The article examines the evolution of the Soviet law enforcement system during and after the revolution of 1917. It considers the transition from the Provisional Government’s attempts to restore the People’s Militia to the establishment of the NKVD and the VChK under the leadership of F. E. Dzerzhinsky. The paper looks in detail at the organizational changes and development of operational and investigative activity from the early Soviet period through the 1930s, World War II and the post-war years, culminating in the 1995 Federal Law ‘On Operational and Investigative Activity’. This law formalized investigative practices and laid the foundation for modern operational and investigative activities in law enforcement agencies.
Keywords: operative-search activity, ORD, People’s Commissariat for Internal Affairs, NKVD, All-Russian Extraordinary Commission, VChK, Soviet law enforcement agencies, law enforcement agencies, people’s militia, criminal investigation, Federal Law on operative-search activity, internal affairs agencies.
References
1. Rushailo V. B. Fundamentals of operative-search activity textbook for law schools. – Saint Petersburg: Lan, 2000. – 720 p.
2. Fundamentals of the fight against organized crime [Text]: Monograph / Edited by V. S. Ovchinsky, V. S. Ovchinsky, V. E. Eminov, N. P. Yablokov. – Moscow: Infa-M, 1996. – 400 p.
3. Fundamentals of operative-search activity: A course of lectures / E. S. Dubonosov; Edited by G. K. Sinilov. – Moscow: Kn. Mir, 2002. – 184 p.
CRIMINOLOGY
YAKHONTOVA Olesya Sergeevna
Ph.D. in Law, associate professor, associate professor of Criminology sub-faculty of the St. Petersburg University of the MIA of Russia
PAVLIK Elizaveta Mikhaylovna
Ph.D. in Law, associate professor, associate professor of Criminology sub-faculty of the St. Petersburg University of the MIA of Russia
SELECTED ASPECTS OF CYBER CRIME PREVENTION AT THE CURRENT STAGE
This article will examine the Internet space as a new sphere of life and interaction in modern society. That is why the number of Internet crimes is growing significantly every year, and the detection rate of cybercrimes remains low, the reasons for which will be explored in this work. The growing vulnerability of the information infrastructure is associated with an increase in the variety of ways to negatively influence public relations using cyber capabilities and their constant improvement, including for the commission of crimes.
Keywords: prevention, cybercrime, criminology, indicators, legislation.
Article bibliography
1. Ulyanov M. V. Combating crime in the field of information and communication technologies in the context of quarantine measures // National Security / Nota bene. – 2020. – No. 2. [Electronic resource]. – Access mode: https://nbpublish.com/library_read_article.php?id=32651 (date accessed: 25.03.2024).
2. Karimov R. R. Fight against crime within the UN: normative and legal aspect // Bulletin of the Ufa Law Institute of the Ministry of Internal Affairs of Russia. – 2015. – No. 4. – P. 16-20.
3. Kleymenov M. P. Criminology. – M .: Norma: INFRA-M, 2013. – P. 223.
CRIMINOLOGY
PEYZAK Ruslan Igorevich
Ph.D. in Law, associate professor of Criminal law and criminology sub-faculty of the Ufa Law Institute of the MIA of Russia
THE VALUE OF FRAUD CRIMES IN THE UNITED STATES
In this article the author analyzes the transformation of fraud during the 20th century, which has made it one of the most popular mercenary crimes in the present time. The author, describing modern forms of fraud, provides data on damages from this type of crime for citizens and companies of the United States. On the basis of open sources, the author was able to trace the growth of the above-mentioned crimes in most areas of modern society, which, given the high level of latency of this type of crime, leads to disappointing conclusions.
Keywords: characterization, fraud, value of crime, crime, society.
Bibliography
1. Associated Press State & Local Wire (2004). “Two Terror Trial Defendants Face New Fraud Charges,” 15 December.
2. Gardham, Duncan, (2005). “Fraud Doubles as Organized Crime Moves In” The Daily Telegraph (London), March 29.
3. Jay S. Albanese. “Fraud: the characteristic crime of twenty-first century”. 2007. [Electronic resource]. – Access mode: https://www.researchgate.net/publication/248139452_Fraud_The_Characteristic_Crime_of_the_Twenty-First_Century.
4. Mary McIntosh. The Organization of Crime. 1975. P. 75. [Electronic resource]. – Access mode: https://books.google.ru/books/about/The_Organisation_of_Crime.html?id=6YAuAQAAIAAJ&redir_esc=y.
5. Occupational Fraud 2022: A Report to the nations. [Electronic resource]. – Access mode: https://legacy.acfe.com/report-to-the-nations/2022/.
6. Victims of Identity Theft, 2021. [Electronic resource]. – Access mode: https://bjs.ojp.gov/library/publications/victims-identity-theft-2021.
7. In the US, losses from online fraud reached a record $10 billion in 2022. Information Security. [Electronic resource]. – Access mode: https://www.itsec.ru/news/v-ssha-poteri-ot-internet-moshennichestva-dostigli-rekordnih-10-mlrd-v-2022g.
JUDICIAL PROCEEDINGS
KARPUSHKIN Alexey Valentinovich
Ph.D. in Law, associate professor of State legal disciplines sub-faculty of the Penza State University
PROBLEMS OF FUNCTIONING OF NATIONAL COURTS OF UNIVERSAL JURISDICTION
Human rights are a universal human value and must have judicial protection, regardless of a person’s citizenship and place of residence. Not all states can provide access to effective justice, and therefore in a number of countries there are national courts of universal jurisdiction that hear cases regardless of the nationality of the accused, the victim or the place where the crime was committed. This article attempts to reveal the problem of the activities of such courts, which often leads to aggravation of injustice, to combat which courts of universal jurisdiction were created.
Keywords: human rights, court, evidence, justice authorities, universal jurisdiction.
Article bibliography
1. Burchuladze I. V. The modern system of international criminal justice // Law and Right. – 2024. – No. 4. – P. 266-268
2. Lipkina N. N. Universal jurisdiction: international legal grounds and problems of establishment in relation to terrorist crimes // LexRossica. – 2018. – No. 6 (139). – P. 92-105
3. Lyamin N. M. Formation of the principle of universal jurisdictionand its implementation by the bodies of the international criminal court // Bulletin of RUDN. Series Legal Sciences. – 2014. – No. 2. – P. 311-319
LAW ENFORCEMENT AGENCIES
ZHUKOV Azamat Zaurbekovich
Ph.D. in technical sciences
FAKOV Azamat Mukhazhidovich
Ph.D. in economical sciences, associate professor of Internal affairs activity in special conditions sub-faculty of the North Caucasus Institute for Advanced Studies (branch) of the Krasnodar University of the MIA of Russia
TRAINING FUTURE EMPLOYEES OF INTERNAL AFFAIRS BODIES IN THE FIELD OF COMBATING CYBERCRIME: PROBLEMS AND SOLUTIONS
The article provides an overview of the problems in providing internal affairs bodies with highly qualified employees who counter cybercrimes. Formation of a personnel reserve, including specialists who have knowledge and practical skills in combating cybercrime. Currently, the internal affairs bodies have relevant departments, but the majority of employees do not have an education in the field of information security, which creates certain problems in terms of ensuring the effectiveness of activities to prevent cybercrimes. The solution to this problem is the implementation of measures to create conditions in the education system of the Ministry of Internal Affairs of Russia for training personnel in the field of information security, retraining and advanced training of police officers. It is important that the implementation of these activities is the task of educational organizations of the Ministry of Internal Affairs of Russia and internal affairs bodies, since the implementation of joint activities significantly increases the level of training of specialists for departments of internal affairs agencies in the fight against information crimes. As part of educational activities, cadets and students master the basics of information security and the features of countering cybercrimes; in the future, when exercising official powers, it is necessary to continuously improve their skills in the field of information security
Keywords: cybercrime, qualifications, personnel, employees, divisions, information security, information technology.
Article bibliography
1. Criminal Code of the Russian Federation of 13.06.1996 N 63-FZ (as amended on 12.06.2024) (as amended and supplemented, entered into force on 06.07.2024).
2. Arkhiptsev I. N., Sarychev A. V., Krasnikov R. V. Improving the training of law enforcement officers to combat crimes committed using information technology // Legal paradigm. – 2020. – V. 19. No. 2. – P. 154-163.
3. Divold V. E., Gaidamakin A. A., Batyushkin M. V. Professional information systems: problems and experience of practice-oriented training // Bulletin of Economic Security. – 2020. – No. 1. – P. 329-332.
4. Kislitsin I. A., Batyushkin M. V. Problems of training future employees of internal affairs bodies to counteract cybercrimes, possible ways to solve them // Modern problems of science and education. – 2021. – No. 6. – P. 1-5.
5. Tsaregorodtsev A. V., Tsatskina E. P. The influence of the information society on the training of students in the field of information security // Bulletin of the Moscow State Linguistic University. Education and Pedagogical Sciences. – 2019. – No. 4 (833). – pp. 191-199.
LAW ENFORCEMENT AGENCIES
SEISEBAEV Viktor Kenesovich
associate professor of Physical training and sports sub-faculty of the Institute of the Academy of the FPS of Russia
ZIMINA Kseniya Yurjevna
lecturer of Physical training sub-faculty of the Faculty of Law of the Vladimir Law Institute of the FPS of Russia
DEMKIN Mikhail Sergeevich
lecturer of Physical education, physical therapy and sports medicine sub-faculty of the I. P. Pavlov Ryazan Pavlov State Medical University
ON THE INTRODUCTION OF A COMPREHENSIVE ENDURANCE EXERCISE INTO THE SYSTEM OF CONTROL EXERCISES FOR PHYSICAL TRAINING OF CADETS OF EDUCATIONAL ORGANIZATIONS OF THE FPS OF RUSSIa
The article considers the possibility of implementing a comprehensive endurance exercise in educational organizations of the Federal Penitentiary Service of Russia. The features of its implementation and effectiveness in the framework of training sessions are revealed. The purpose of this article is to define the assessment of “burpee” as an independent control standard, in connection with which testing was conducted among students. The results allowed the authors to build an assessment system on a 5-point and 100-point scale, which can be used to determine the level of endurance as an independent control standard, and as an alternative due to the lack of the possibility of adopting traditional standards.
Keywords: physical training, students, control standard, endurance, assessment, penal enforcement system.
Article bibliography
1. Polevoy G. G., Sablin A. B., Chernyshev S. V. “The influence of burpees on the endurance and speed of schoolchildren” // TiPFK. – 2023. – No. 1. – P. 79.
LAW ENFORCEMENT AGENCIES
TEKUEVA Yuliya Alimovna
lecturer of Organization of law enforcement activities sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Kras nodar University of the MIA of Russia
REMOVING LEGAL RESTRICTIONS ON DIGITALIZATION AS A THREAT TO THE INFORMATION SECURITY OF MINORS
The article provides an overview of threats to the information security of minors caused by the removal of legal restrictions on digitalization. Digitalization of all spheres of society has both positive and negative consequences, among which the violation of the information security of minors should be especially noted. Minors are exposed to the negative impact, which consists in the general availability and active distribution of information products that are prohibited for minors. This is mainly due to the active distribution of the global network, the users of which are minors. It is difficult to control the content of which minors are active users of the global network and messengers popular in Russia. Expanded access to the global network, the removal of a number of restrictions are perceived by many experts as a threat to the information security of minors. The main threat to minors is the destruction of the system of moral and spiritual values that has been formed in Russian society over the years. Also, the general availability of the global network, social networks, messengers expands the possibilities of accessing information of a terrorist and extremist nature. These circumstances contribute to the development of destructive processes in Russian society, which generally affect the level of information security of the state.
Keywords: digitalization, information security, minors, terrorism, global network, extremism, information products, information technologies, messengers.
Article bibliography
1. Decree of the President of the Russian Federation of 05.12.2016 No. 646 “On approval of the Doctrine of information security of the Russian Federation”.
2. Federal Law “On the protection of children from information harmful to their health and development” dated 29.12.2010 No. 436-FZ (latest revision).
3. Mironova S. M., Simonova S. S. Protection of the rights and freedoms of minors in the digital space // All-Russian criminological journal. – 2020 – Vol. 14. No. 2. – P. 234–241.
4. Polyanina A.K. Information security of childhood in the context of the new media reality // Information society. – 2019. – No. 1–2. – P. 108–115.
5. Pazukhina S.V., Filippova S.A. Preventive technologies for protecting children from harmful information: a teaching aid for universities / 2nd ed. revised and enlarged. – M., Publisher: Yurait, 2020. – 194 p.
6. Chunosov M.A., Taranin M.A. Sources of the spread of extremist ideology among minors // Problems of modern pedagogical education. – 2022 – No. 75–1. – pp. 305–308.
SAFETY AND LAW
GRISHAY Elena Vasiljevna
Ph.D. in philosophical sciences, professor, professor of Special disciplines sub-faculty of the Krasnodar University of the MIA of Russia
LYUEV Tembot Khabasovich
senior lecturer of Internal affairs in special conditions sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia, lieutenant colonel of police
BULAVKIN Alexander Alexandrovich
.D. in sociological sciences, Deputy Head of Administrative activities of internal affairs sub-faculty of the V. Ya. Kikot Moscow University of the MIA of Russia
NATIONAL SECURITY IN THE CRITERIA OF RISKS OF REFORMING THE INSTITUTE OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
This article examines current provisions and theses on the problem of criteria for assessing the effectiveness of management activities when reforming the institution of the Ministry of Internal Affairs of Russia. The reform transformation of the institution of the Ministry of Internal Affairs in modern Russia is considered in a system of multidirectional contradictory assessments and meanings. The author’s version of certain provisions of the methodology of sociological research of management processes and structures for internal affairs bodies in modern conditions is proposed. The authors of the article come to the conclusion that in conditions of national security risks, the processes under study are aimed at identifying a compromise between the needs of civil society, the value systems of public consciousness and current legal regulations.
Keywords: sociology of management, police, national security, reform of the Ministry of Internal Affairs, professional risks, risky society.
Article bibliographic list
1. Federal Law of 02/07/2011 No. 3-FZ (as amended on July 13, 2015) “On the Police” // SZ RF. – 2011. – No. 7. – Art. 900. – Article 1. – Clause 1.
2. Federal Law of 07.02.2011 No. 3-FZ (as amended on 13.07.2015) “On Police” // SZ RF. – 2011. – No. 7. – Art. 900. – Article 1. – Clause 2.
3. Constitution of the Russian Federation (adopted by popular vote on 12.12.1993 with amendments approved during the all-Russian vote on 01.07.2020). Section 1. Chapter 1. Article 2.
4. Federal Law of 07.02.2011 No. 3-FZ (as amended on 13.07.2015) “On Police” // SZ RF. – 2011. – No. 7. – Art. 900. – Article 3. – Clause 1.
SAFETY AND LAW
SOBOLEV Andrey Georgievich
Head of Fire training sub-faculty of the Ural Law Institute of the MIA of Russia, Yekaterinburg
MALOFEY Olegovich
Ph.D. in technical sciences, associate professor, associate professor of Tactical and special training sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia
FAKHRIEV Damir Maratovich
senior lecturer of Fire and tactical special training sub-faculty of the Ufa Law Institute of the MIA of Russia
ON THE ISSUE OF THE POSSIBILITY OF LEGALIZING WEAPONS IN THE RUSSIAN FEDERATION
The article analyzes the possibility of legalizing some types of weapons on the territory of the Russian Federation. To build an objective assessment, the positive and negative aspects of this event are given, as well as some historical aspects and modern geopolitical trends, considering which the authors of the article come to the conclusion that the legalization of weapons on the territory of our country is unacceptable, and that it is necessary to tighten legislation and state-organizational measures implemented in this area.
Keywords: weapons; legalization; special military operation; legal regulation; self-defense; crime prevention.
Article bibliography
1. Zyryanov S. M. Administrative and legal models of civilian weapons circulation in the Russian Federation and in foreign countries. // Journal of Foreign Legislation and Comparative Law. – 2017. – No. 1. – P. 64-67.
2. Pashkin A. G. Illegal arms trafficking and its impact on the crime situation in the Middle Volga region in 1945-1953 // Teacher XXI century. – 2022. – No. 1. Part 2. – P. 254-268.
3. Verdict of the Gagarinsky District Court of the Smolensk Region dated July 15, 2021 in case No. 1-105/2021. [Electronic resource]. – Access mode: https://bsr.sudrf.ru/
4. Verdict of the Starorussky District Court of the Novgorod Region dated November 28, 2023 in case No. 1-258/2022. [Electronic resource]. – Access mode: https://bsr.sudrf.ru/
5. In Tula, a member of the SVO who detonated a grenade in an apartment was convicted // Tula News Service. [Electronic resource]. – Access mode: https://www.tsn24.ru (date of access: 06/16/2024).
6. In Bryansk, a girl brought her father’s hunting rifle to school and staged a school shooting // News portal. [Electronic resource]. – Access mode: https://www.ridus.ru/ (date of access: 06/16/2024).
PEDAGOGY AND LAW
BERNIKOV Eduard Robertovich
lecturer of Physical training sub-faculty of the Nizhny Novgorod Academy of the MIA of Russia
KAZNACHEEV Valeriy Alexandrovich
Ph. D. in pedagogical sciences, associate professor of Physical, fire and tactical-special training sub-faculty of the Samara Law Institute of the FPS of Russia
KRAPIVIN Oleg Vladimirovich
Ph.D. in pedagogical sciences, associate professor, associate professor of Physical training sub-faculty of the Academy of Law and Management of the FPS of Russia
MURAVJEV Alexey Valentinovich
Ph.D. in pedagogical sciences, Deputy Head of Physical training sub-faculty of the Faculty of Law of the Vladimir Law Institute of the FPS of Russia
USE OF MODERN INNOVATIVE TECHNOLOGIES IN PHYSICAL TRAINING CLASSES IN DEPARTMENTAL UNIVERSITIES
The article reveals the need to introduce innovative technologies into the educational process, in particular in physical training classes. For cadets studying at departmental universities, the requirements for physical training have their own characteristics; the use of innovative technologies can significantly improve the learning process, making it more interactive and effective. The study coversimportant aspects, such as the characteristics of physical training, modern educational technologies, their application and effectiveness in the context of physical education, as well as prospects for further development, which makes it a valuable contribution to the science and practice of the educational process.
Keywords: cadet, teacher, employee, physical training, innovative technologies, physical fitness.
Article bibliography
1. Bakin A. V., Gerasimov I. V. Main directions for optimizing the teaching of physical training in educational organizations of the Ministry of Internal Affairs of Russia // Improving the professional and physical training of cadets, students of educational organizations and employees of law enforcement agencies. – 2016. – P. 18-23.
2. Barkalov S. N. On the issue of using active, interactive forms, methods and technologies of training in physical training in universities of the Ministry of Internal Affairs of Russia // Science and innovation – modern concepts: a collection of scientific articles based on the results of the international scientific forum. – M.: Infinity, 2019. – P. 45-48.
3. Barkalov S. N., Gerasimov I. V. Physical fitness of cadets of educational organizations of the Ministry of Internal Affairs of Russia: state, problems and ways of improvement // Society and Law. – 2014. – No. 4 (50). – P. 299-304.
4. Sangadzhieva Z. I. On the content of the concept of “innovative activity” in the educational process // Historical and socio-educational thought. – 2013. – No. 1 (17). – P. 123-127.
5. Effective models for implementing innovative activities in the education system // Results of the activities of federal innovation sites in 2018: collection of materials for interregional seminars, held as part of supporting the development of innovative infrastructure in the education system. – Moscow, 2018. – 520 p.
EDAGOGY AND LAW
VERKHOZINA Olga Alexandrovna
Ph.D. in psychological sciences, associate professor of Social and humanitarian disciplines sub-faculty of the Russian Biotechnological University
POTASHOVA Irina Innokentjevna
Ph.D. in pedagogical sciences, methodologist of the State Educational Institution “School No. 2124 “Center for Development and Correction”
SCIENTIFIC AND METHODOLOGICAL ASPECTS OF THE STUDY OF EDUCATIONAL AND PROFESSIONAL MOTIVATION OF STUDENTS WITH DISABILITIES AND DISABILITIES IN EDUCATIONAL INSTITUTIONS OF HIGHER EDUCATION
The article discusses the issues of formation of educational and professional motivation of students in the framework of the implementation of practices of inclusive higher education. The normative and legal bases regulating the realization of the rights of young people with disabilities to education and reflecting the role of special conditions in their education are presented. Scientific and methodological approaches to the formation of motivation of students with disabilities are described. The authors express their point of view on the need to include in the system of psychological and pedagogical support of universities a motivational area of work that promotes personal development, improves the quality of life of students with disabilities and takes into account their individual characteristics.
Keywords: inclusive higher education, students with disabilities, educational and professional motivation.
Article bibliography
1. Inclusive education: [official website]. [Electronic resource]. – Access mode: https://инклузівноеобразение.рф/
2. Lobanova E. E., Nazarova O. L., Savva L. I. Inclusive education in technical universities of Russia: problems and possible solutions // World of science. Pedagogy and psychology. – 2022. – V. 10. No. 2. [Electronic resource]. – Access mode: https://mir-nauki.com/PDF/31PDMN222.pdf.
3. Personal potential. Structure and diagnostics: Collective monograph / Ed. D. A. Leontiev. – M.: Publishing house Smysl, 2011.
EDAGOGY AND LAW
ZVYAGINA Alena Vladislavovna
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
KUTINOVA Alina Olegovna
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 FederalPenitentiary Service” of Russia
ANALYSIS OF THE TRAINING OF SCIENTIFIC AND PEDAGOGICAL PERSONNEL IN POSTGRADUATE EDUCATIONAL INSTITUTIONS OF THE FEDERAL PENITENTIARY SERVICE OF THE RUSSIAN FEDERATION OF HIGHER EDUCATION OF THE FEDERAL PENITENTIARY SERVICE OF RUSSIA: PROBLEMATIC ISSUES AND PROSPECTS
The article examines the issues of training scientific and pedagogical personnel in postgraduate educational institutions of higher education of the Federal Penitentiary Service of Russia in the period from 2015 to 2022.The distribution of graduates after graduation from educational institutions of higher education of the Federal Penitentiary Service of Russia has been analyzed, taking into account the current memta of service. Problematic issues that arise in the process of preparing and defending dissertations have been identified. Factors contributing to the successful and timely defense of dissertations have been formed.
Keywords: postgraduate studies, dissertation, highly qualified scientific and pedagogical personnel, penal system of the Russian Federation.
Article bibliography
1. Antonovsky A. V. Possibilities of improving the training of scientific and pedagogical personnel in the postgraduate study of educational institutions of higher education of the Federal Penitentiary Service of Russia / The penal system today: the interaction of science and practice: materials of the XXI All-Russian scientific- practical conference. – Novokuznetsk, 2021. – P. 194-198
2. Antonovsky A. V., Gerashchenko O. M. Issues of training scientific and pedagogical personnel in the postgraduate study of educational organizations of higher education of the Federal Penitentiary Service of Russia: current problems and prospects / Petersburg penitentiary conferences: conference materials. In 4 volumes. – St. Petersburg, 2021. – P. 46-58.
3. Kuznetsov M. I., Luzgin S. A. On the issue of improving the practical preparedness for teaching of adjuncts of the Academy of the Federal Penitentiary Service of Russia.
4. Lastochkin A. N., Bobrov V. N. On the development of programs for training scientific and pedagogical personnel in postgraduate studies: a collection of scientific papers by employees of the Vologda Institute of Law and Economics of the Federal Penitentiary Service of Russia. Under the general editorship of V. N. Nekrasov. – Vologda, 2017. – P. 126-130.
5. Tolchenkon D. A. Motivational attitudes of employees of the penal system, predetermining admission to the postgraduate course of the Academy of the Federal Penitentiary Service of Russia / V International Penitentiary Forum “Crime, Punishment, Correction”: collection of abstracts of speeches and reports of participants of the forum dedicated to the Year of Science and Technology in the Russian Federation in 2021: in 9 volumes. – Ryazan, 2021. – P. 293-297.
6. Ekkelman N. A. The role of adjunct in the system of innovative development of professional education of the Federal Penitentiary Service of Russia // Electronic scientific and practical journal Culture and Education. – 2015. – No. 3 (19). – P. 21.
EDAGOGY AND LAW
ZORINA Natalya Sergeevna
senior researcher of the Department for Improving Legal Regulation of the Penitentiary System of the Center for the Study of Problems of Management and Organization of the Execution of Sentences in the Penitentiary System of the Federal State Institution “Research Institute of the Federal Penitentiary Service” of Russia
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
EDUCATION AS A MEANS OF SOCIAL ADAPTATION OF JUVENILE CONVICTS
The article considers the key aspects of global changes in the penal system of the Russian Federation initiated by the order of the Government of the Russian Federation of 04/29/2021 No. 1138-r. The main emphasis is placed on the direction of humanization of the penal and correctional system of the Russian Federation and bringing it in line with international standards of execution of punishments. This article emphasizes the importance of effective work on rehabilitation and re-socialization of convicts, especially those who committed crimes at a young age. The article also analyzes the process of adaptation of convicts in correctional institutions and considers the peculiarities of their future interaction with society. Special attention is paid to the implementation of strategic goals, including the training of working personnel, training of inmates in labor adaptation centers and vocational schools. The relevance of the study is determined by the expediency of creating and implementing an effective model of social partnership between educational institutetions and civilian employers for vocational training of convicts and juvenile offenders. This direction includes the development of a modern curriculum, organization of practice and introduction of new methods to ensure the successful integration of vocational training into the educational process and serves as an important success factor in the formation of law-abiding behavior in convicts and their socialization after release.
Keywords: education, socialization, juvenile convicts, rehabilitation, labor adaptation, vocational training, correctional institutions, social partnership, penal correction system.
Article bibliography
1. Gurevskykh P. V. Incentive measures as a tool for juvenile offenders // Legal Journal. – No. 2. – 2014. – P. 203-206.
2. Markeeva M. V., Korableva I. G., Korableva K. A. Social rehabilitation and adaptation of juvenile convicts in a correctional colony // Young scientist. – 2015. – No. 23 (103). – P. 885-888. [Electronic resource]. – Access mode: https://moluch.ru/archive/103/23285/ (date of access: 08/23/2024).
3. Nesterov A. Yu. Social adaptation of juvenile convicts in the UIS of Russia: correctional and post-penitentiary practices (penitentiary aspect): [Monograph]. – 2nd edition revised and supplemented – M.: Ekon-Inform Publishing House, 2021. – 519 p.
4. Sibil Yu. P. Fundamentals of organizing the educational process in correctional colonies // Bulletin of the criminal-executive system. – 2014. – No. 9. – P. 33-38.
5. Stepanov M. V. Educational work is the leading means of correcting convicts // Legal journal. – 2014. – No. 1. – P. 111-115.
6. Tyugaeva N. A. Sanitary and hygienic education of convicts in correctional institutions // Man and crime. – 2015. – No. 4. – P. 143-146. ISSN: 1999-9917.
EDAGOGY AND LAW
KRASNIKOV Vadim Nikolaevich
senior lecturer of Operational and investigative activities and special equipment sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia
KRASNIKOVA Marina Vadimovna
student of the A. S. Pushkin Leningrad State University (Boksitogorsk branch)
PEDAGOGICAL ASPECTS OF PREVENTION OF DEVIANT BEHAVIOR
The article touches upon the problem of deviant behavior in the modern teenage environment. Attention is paid to the definition of the concept of deviant behavior, its forms and signs are highlighted. Positive and negative forms of deviant behavior are considered separately. Factors contributing to the emergence of negative deviations are indicated. In conclusion, pedagogical methods for preventing deviant behavior are proposed: creating a favorable environment for students, forming positive values in children and adolescents, conducting trainings and seminars for parents, interacting with social services.
Keywords: deviant behavior, pedagogical methods, prevention, deviations, teaching work.
Article bibliography
1. Epifantseva G. A. The fate of the Decembrist writer V. K. Kuchelbecker // Bulletin of the Velikiye Luki State Agricultural Academy. – 2019. – No. 1. – P. 33-37. – EDN ZEQEEX.
2. Ankvab M. F., Kadieva Z. Kh., Chedzhemov S. R. Educational policy and principles of education of Abkhaz folk pedagogy // Bulletin of the North Ossetian State University named after K. L. Khetagurov. – 2014. – No. 4. – P. 184-188. – EDN TUTWZJ.
PEDAGOGY AND LAW
LATYPOVA Elvira Rashitovna
Ph.D. in pedagogical sciences, associate professor of the Institute of Chemical Technology and Engineering of the Ufa State Petroleum Technical University in Sterlitamak
GALEEVA Elina Ulfatovna
magister student of the 1st course of the Institute of Chemical Technology and Engineering of the Ufa State Petroleum Technical University in Sterlitamak
KONKOVA Anastasiya Olegovna
magister student of the 1st course of the Institute of Chemical Technology and Engineering of the Ufa State Petroleum Technical University in Sterlitamak
FUNCTIONS OF LANGUAGE IN THE PROCESS OF INTERCULTURAL COMMUNICATION
In the modern globalized reality, intercultural communication plays an extremely important role, since representatives of different cultural traditions and linguistic groups are forced to interact and cooperate with each other. Awareness of the importance of language factors in this process is a key condition for effective communication and fruitful cooperation.
Human activity is strongly influenced by communication processes. Communication is one of the most significant, pervasive and complex aspects of human existence. That is why the problems of communication have been attracting the close attention of many scientific disciplines for centuries, being the object and subject of research of a theoretical and applied nature.
This article is dedicated to the role of language in the development and culture of society. The interrelation of language with society and peoples is analyzed. The values and features of the functioning of language as an integral system are studied in detail. Much attention is paid to speech aids and speech etiquette. The article emphasizes the relevance of the topic in connection with the practical study of this issue by students, applicants, their teachers and a wide range of readers interested in speech culture and the meaning of language in the modern world.
Keywords: language, intercultural communication, culture, modern society, verbal communication, human speech, thoughts, feelings, science.
Article bibliography
1. Latypova E. R ., Alekseev K. E., Ermoolenko A. D., Klyavkin A. M. Intercultural communication between representatives of different cultural groups in the spheres of the Internet // Journal “Science and School”. – 2020.
2. Latypova E. R ., Kichigin I. A., Shugaepov I. R., Bachurin P. V., Galiev T. Kh. Intercultural communication is an integral part of culture // International research journal. – 2022.
3. Latypova E. R., Kuznetsova A. V. Communication as communication. – Text: direct // Young scientist. – 2022. – No. 51 (446). – P. 197-199.
4. Latypova E. R. Formation of intercultural communicative skills of bachelors in the process of teaching a foreign language in a modern university // Bulletin of the Maikop State Technological University. – 2015. – P. 74-76.
5. Makovsky M. M. The amazing world of words and meanings: Illusions and paradoxes in vocabulary and semantics // Study guide. – M.: Higher. school, 1989. – P. 5-6.
6. Nikolaev V. L., Antonova N. A. Culture and intercultural communication // E-Scio. – 2021.
7. Prokhorov A. M., Gusev A. A., Knuyants I. L., Kuznetsov M. I., Panov V. G., Fedoseev P. N., Khrapchenko M. B. Soviet encyclopedic dictionary. – M.: “Soviet Encyclopedia”, 1986.
8. Rumyantsev V. Teaching methods. Culturology. The problem of defining culture // Chronos: world history on the Internet. – 2008.
9. Stanishevskaya Zh. Verbal communication as an object of research in the process of psychotherapy // Journal “Studia Humanitatis”. – 2016.
10. Shelestyuk E. V. Methods, types, techniques and tools of speech influence. Materials for the international scientific conference. – Pyatigorsk: Pyatigorsk State University, 2006. – P. 153-154.
PEDAGOGY AND LAW
PANOVA Olga Sergeevna
Ph.D. in pedagogical sciences, professor of Physical training sub-faculty of the Volgograd Academy of the MIA of Russia
EMELYANOV Georgiy Ivanovich
senior lecturer of Theoretical foundations of physical education sub-faculty of the Academy of Physical Culture of the Southern Federal University, Rostov-on-Don
ORLOV Vladimir Vladimirovich
Ph.D. in pedagogical sciences, associate professor of Physical training sub-faculty of the Omsk Academy of the MIA of Russia
IMPROVEMENT OF FORMS AND METHODS OF PHYSICAL TRAINING IN EDUCATIONAL ORGANIZATIONS OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
The article is devoted to the problem of improving the forms and methods of physical training of cadets and students of educational organizations of the Ministry of Internal Affairs of Russia. The author notes that physical training is an important area of professional training for future employees of the internal affairs bodies, which directly affects the effectiveness of their official activities. The article analyzes the current state of physical training in educational institutions of the Ministry of Internal Affairs of Russia, identifies key problems that reduce its effectiveness. These include the inconsistency of the content and structure of physical training with modern requirements, insufficient differentiation according to individual typological and job characteristics of students, low motivation for physical training, insufficient material and technical support. To solve these problems, the article proposes to implement a set of interrelated measures, including improving the content and structure of physical training, introducing innovative forms and methods, improving the system for assessing students’ physical fitness, increasing the motivation of cadets and trainees to classes, improving logistics. The implementation of these directions, according to the author, will contribute to improving the effectiveness of physical training in educational organizations of the Ministry of Internal Affairs of Russia and will allow students to form strong professionally significant physical qualities andskills necessary for successful professional activity.
Keywords: physical training, police officers, educational organizations of the Ministry of Internal Affairs of Russia, forms and methods, improvement, professional training.
Article bibliographic list
1. Agafonov A. I., Prokhorova O. N. Actual problems of physical training of cadets of educational organizations of the Ministry of Internal Affairs of Russia // Scientific notes of the University named after P. F. Lesgaft. – 2021. – No. 5 (195). – P. 11-15.
2. Varakin V. V., Mokhov A. N. Organization of physical training of cadets in modern conditions // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2021. – No. 3. – P. 128-132.
3. Goncharov A. A., Salnikov V. A. Improving the methodology of physical training of cadets of educational organizations of the Ministry of Internal Affairs of Russia // Psychological and pedagogical research. – 2022. – Vol. 14. No. 1. – P. 103-114.
4. Eregina S. V., Orlov A. V. Innovative approaches to the physical training of cadets of educational organizations of the Ministry of Internal Affairs of Russia // Theory and practice of physical education. – 2021. – No. 7. – P. 76-78.
5. Petrov R. E., Kudryavtsev M. D., Galimov G. Ya. Organization of physical training of cadets in 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. – 2022. – No. 1. – P. 85-89.
EDAGOGY AND LAW
ZORINA Natalya Sergeevna
senior researcher of the Department for Improving Legal Regulation of the Penitentiary System of the Center for the Study of Problems of Management and Organization of the Execution of S entences in the Penitentiary System of the Federal State Institution “Research Institute of the Federal Penitentiary Service” of Russia
FORMATION OF MORAL STANDARDS AMONG JUVENILE CONVICTS
The article is devoted to the consideration of aspects of educational work with minors serving sentences, which serves to form moral qualities based on human universal values in this category of convicts. The education of moral qualities is a necessary basis for the development of adolescents’ sense of self-responsibility for their actions and behavior in society. The paper considers the role of educational, sports, spiritual, cultural and aesthetic activities that serve the development of moral norms of the category of convicts in question and their adaptation to ordinary life after serving their sentence.
Keywords: juvenile convict, moral norms, educational environment, destructive behavior, spiritual and moral education, personality of the educator.
Article bibliography
1. “Criminal-Executive Code of the Russian Federation” dated 08.01.1997 No. 1-FZ (as amended on 24.06.2023) (as amended and supplemented, entered into force on 11.12.2023).
2. Federal Law dated 29.12.2012 No. 273-FZ (as amended on 22.06.2024) “On Education in the Russian Federation” (as amended and supplemented, entered into force on 23.06.2024).
3. Boeva O. Yu. Compulsory educational measures: a tutorial / Izhevsk Institute (branch) of VSUJ (RPA of the Ministry of Justice of Russia). – Izhevsk: 2023.
4. Karetnikov K. V. Socio-demographic characteristics of convicts serving sentences in correctional colonies (on the example of the central and Siberian federal districts) // Bulletin of the Kuzbass Institute. – 2022. – No. 3 (52). – P. 44-58.
5. Kunts E. V. The importance of the educational environment of correctional colonies in the formation of the personality of juvenile convicts // Problems of Law. – 2023. – No. 2 (90). – P. 52-58.
6. Maistrenko G. A. Moral education as one of the areas of educational influence of non-juvenile convicts // Law and Practice. – 2017. – P. 68-72.
7. Ushkov F. I. Educators and psychologists of colonies as “significant others” for juvenile offenders during their sentence // Bulletin of Moscow University. Series 14. Psychology. – 2020. – No. 3. – P. 88-119.
8. In the Russian Federation, the number of adolescents serving sentences in colonies has decreased by 4.5 times over 9 years, 2022. – [Electronic resource]. – Access mode: https://tass.ru/obschestvo/15951687 (date of access: 19.07.2024).
9. Tsarkova E. G., Zorina N. S. Moral and patriotic education of juvenile convicts serving sentences in correctional colonies // Eurasian Law Journal. – 2024. – No. 5 (192). – P. 497-498.
PEDAGOGY AND LAW
RYASOV Alexander Vladimirovich
Ph.D. in Law, associate professor, professor of Operational investigative activities and special equipment sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia
ON THE WAYS TO IMPLEMENT THE PRACTICAL ORIENTATION OF LEARNING
The article discusses some aspects of the implementation of the practical orientation of education in specialized educational institutions of the Ministry of Internal Affairs of Russia. The emphasis is on the target component of practical training, which allows graduates to form the necessary professional skills and knowledge. Special attention is paid to the forms of implementation of the practical orientation of training. The forms and features of the practical employee’s participation in conducting training sessions are determined.
Keywords: practical orientation of training, educational institutions of the Ministry of Internal Affairs of Russia, the procedure for conducting training sessions, practical training.
Article bibliographic list
1. Vasiliev V.V., Suprunov A.G., Stolpovsky D.M. Problematic issues of the methodology for conducting a practical lesson with the involvement of employees of practical internal affairs bodies (on the example of the academic discipline “Administrative activities of internal affairs bodies”) // Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2013. – No. 23. – P. 147.
2. Gonnov R. V., Ryasov A. V., Gotskaya N. R. Problems of formation of the teaching staff of departmental educational institutions of the Ministry of Internal Affairs of Russia // Education. Science. Scientific personnel. – 2021. – No. 4. – P. 252.
PSYCHOLOGY AND LAW
KAMNEVA Olga Anatoljevna
Ph.D. of biological sciences, associate professor of Psychology sub-faculty of the V. N. Tatishchev As-trakhan State University
TAYSAEVA Svetlana Borisovna
Ph.D. in psychological sciences, associate professor of Political analysis and social-psychological processes sub-faculty of the G. V. Plekhanov Russian University of Economics
THE RELATIONSHIP OF EMOTIONAL BURNOUT AND COPING BEHAVIOR OF PROSE-CUTOR’S OFFICE EMPLOYEES
The article examines the causes and issues of the influence of coping behavior on the emotional burn-out of employees of the transport prosecutor’s office. It is noted that emotional burnout or its absence depends on the coping strategies of prosecutors. The authors conclude that specialists who use constructive coping strategies “self-control”, “taking responsibility”, “planning to solve a problem” are less susceptible to emotional burnout. It is stated that the prevention of emotional burnout among prosecutors is training each specialist in methods of self-regulation of emotional states.
Keywords: emotional burnout, coping strategies, adaptive coping.
Article bibliography
1. Altayeva E. A. Features of the emotional “burnout” syndrome among prosecutors, its dependence on sanitary and hygienic and other factors // In the collection: Young researcher: challenges and prospects. Collection of articles based on the materials of the CXVI international scientific and practical conference. -2019. – P. 160-168
2. Baranova Yu. A. Burnout prevention as a factor in ensuring the viability of prosecutors in conditions of uncertainty // Bulletin of the IPA VPA (collection of scientific papers). -2023. – No. 2 (4). – P. 178-180
3. Borisova M. V., Anisimova N. P. The main directions of prevention and correction of professional burnout // Yaroslavl pedagogical bulletin. – 2017. – No. 2. – P. 212-215.
4. Batrakova A. G. Professional deformation and burnout: definition of concepts, their relationship, review of the problem in relation to the activities of prosecutors // Young scientist. – 2023. – No. 14 (461). – P. 166-169.
5. Boyko V. V. Emotional burnout syndrome in professional communication. – St. Petersburg: Piter, 2012. – 105 p.
6. Vodopyanova N. V., Starchenkova E. S. Mental “burnout” and quality of life / Ed. L. A. Korostyleva. – SPb.: Piter, 2017. – 424 p.
7. Wasserman L. I. et al. Methodology for psychological diagnostics of ways of coping with stress and problematic situations for the individual. – SPb.: NIPNI im. V. M. Bekhterev, 2019. – 40 p.
8. Glushkova O. V. Psychological features of the prosecutor’s activities to ensure participation in the consideration of criminal cases by the courts: author’s abstract. dis. … for the candidate of psychological sciences: specialty 19.00.06 “Legal Psychology”. – St. Petersburg University of the Ministry of Internal Affairs of Russia. – Saint Petersburg, 2007. – 26 p.
9. Osipova A. A., Miroshnichenko A. V., Kovtun V. E. Features of the syndrome of emotional burnout in representatives of various legal professions // Modern science: current problems of theory and practice. Series: cognition. – 2023. – No. 12. – P. 78-85.
PSYCHOLOGY AND LAW
POPOVA Irina Nikolaevna
lecturer of Philosophy and social-humanitarian disciplines sub-faculty of the East-Siberian Institute of the MIA of Russia, Irkutsk, major of police
DIALECTICS OF MENTAL AND HISTORICAL PROCESSES IN SOCIETY
The article examines the principle of historicism, which presupposes a theoreticalal (logical) understanding of history and historical knowledge as such. An analysis of the historical process of development of the Russian state was carried out according to this principle in order to obtain an objective vision of the genesis of Russian history. A gradual division of scientific research within the framework of historicism has been established. The concept of Russia as the “Third Rome” in the conditions of the Turkic-Mongolian ecumene is under investigation. The correspondence of the historical development of the country according to previously accepted theories of historicism in individual eras is examined. It is seen as appropriate to identify the pedagogical (psychological) influence of historians on the development of society and the state in a certain period of history. The absence of the concept of “time” in history, cyclicity and eternity as the spirit of history are established. Conscious and unconscious processes in society are investigated. The need for knowledge and analysis of the entire history of Russia in order to suppress the «anti-historical» development of the country.
Keywords: historicism, patriotism, “patron-client” principle, political identity.
Article bibliography
1. Rubinstein S. L. Fundamentals of General Psychology. – St. Petersburg, 2002. – P. 89.
2. Freud Z. . Interpretation of dreams. – Minsk, 1997. – P. 270.
3. Jung K. G. Soul and myth: six archetypes. – M., 1996. -P. 343.
4. Eliade M. Aspects of myth. – M., 2023. – P. 135.
HUMAN RIGHTS
MAKOEVA Ruzana Khabasovna
assistant of Theory and history of state and law sub-faculty of the Institute of Law, Economics, and Finance of the Kh. M. Berbekov Kabardino-Balkarian State University, Nalchik
HUMAN RIGHTS AND CLIMATE CHANGE: THE INTERNATIONAL LEGAL FRAMEWORK (UNFCCC, KYOTO PROTOCOL AND PARIS AGREEMENT)
This article examines the human rights implications of climate change, emphasizing the dual effects of a human rights-based approach on the evolution of International Climate Change Law. It analyzes how the provisions of key international agreements, including the UNFCCC, the Kyoto Protocol, and the Paris Agreement, influence the realization of human rights at both international and national levels. The findings highlight the complex interplay between climate action and human rights protection in the context of global climate governance.
Keywords: Human rights, international climate change law, Human rights-based approach, UNFCCC, Kyoto Protocol, Paris Agreement.
Bibliographic list of articles
1. Benoit Mayer Human Rights in the Paris Agreement. – [Electronic resource]. – Access mode: https://www.benoitmayer.com/files/Human%20rights%20in%20the%20Paris%20Agreement.pdf (accessed: 02/14/2024).
2. Daniel Bogdansky Jutta Brunee Lavanya Rajamani International Climate Change Law. – Oxford University Press, 2017. – P. 8.
3. Gert Goeminne Erik Paredi. The concept of ecological debt: some steps towards an enriched sustainability paradigm. – DOI: 10.1007/s10668-009-9219-y.
4. Stephen M. Gardiner/ Climate Ethics: Essential Readings (Oxford University Press, 2010). – [Electronic resource]. – Access mode: http://www.oupcanada.com/catalog/9780195399622.html (date of access: 02/11/2024).
HUMAN RIGHTS
FASTOVICH Galina Gennadjevna
senior lecturer of Theory and law sub-faculty of the Institute of Law of the Krasnoyarsk State Agrarian University
MEASURES FOR TARGETED AND INDIVIDUAL PREVENTION OF ANTI-TERRORIST CONSCIOUSNESS OF STUDENTS IN THE HIGHER EDUCATION SYSTEM
In order to develop among students an active civic position aimed at rejecting the ideology of terrorism, activities (measures of targeted and individual work) are carried out at universities of higher education, 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 dated December 30, 2023 No. Pr-2610. The article discusses preventive, educational, cultural, educational and sports activities with the involvement of federal and regional political figures, representatives of law enforcement agencies, authoritative representatives of public and religious organizations, science, representatives of executive authorities, culture and sports, which bring to students of higher education establishments, the basics of behavior that help prevent anti-terrorist consciousness among young people.
Keywords: measures of targeted work, anti-terrorist consciousness, students of a higher educational institution, measures of individual work, management of educational work, measures aimed at rejecting the ideology of terrorism and extremism.
Article bibliography
1. Comprehensive plan to counter 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: [website]. [Electronic resource]. – Access mode: https://www.consultant.ru/ (date of access: 06/20/2024). – 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 main aspect in student’s training in non-linguistic universities // Science and education: experience, problems, development prospects: Proc. of the international scientific and practical conf., Krasnoyarsk, April 20-22, 2021. Vol. Part I. – Krasnoyarsk: Krasnoyarsk SAU, 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 humanitarian and natural sciences. – 2019. – No. 3-1. – P. 143-145.
6. Zemlyakova E. V., Fastovich G. G. On the issue of the application of information technologies in logistics systems // In the collection: Logistics – the Eurasian bridge. Proceedings of the XIV International scientific and practical conference. – 2019. – P. 121-123.
7. Gavrilenko V. A., Utkin N. I., Fastovich G. G. Personnel work and the role of the incentive institute in the civil service system // Law. Security. Emergencies. – 2019. – No. 3 (44). – pp. 32-35.
STATE AND LAW
ZHURIDA Alina Sergeevna
assistant judge of the Khabarovsk Regional Court
YAKUNIN Dmitriy Vladimirovich
Ph.D. in Law, associate professor, associate professor of the Higher School of Public Law of the Pacific State University, Khabarovsk
CURRENT PROBLEMATIC ISSUES OF PASSING THE STATE CIVIL SERVICE IN THE COURT APPARATUS
The article discusses current problems associated with the passage of state civil service in the courts of the Russian Federation. The main aspects and features of the organization of the state civil service are analyzed, and key problematic issues that may impede the effective functioning of the judicial system are identified. Particular attention is paid to the issues of digitalization of the state civil service. The relevance of the study is due to the need to modernize the judicial system and increase the efficiency of the work of state civil servants in it. The prospects for digitalization lie in the further development of electronic document management systems, improving the quality of services provided, ensuring transparency of activities and reducing bureaucratic barriers. This will improve the efficiency of the courts and improve the quality of life of citizens.
The article is of interest to researchers involved in issues of public civil service and management, information technology, as well as for practitioners working in the judiciary. The results of the study can be used for further development of the theory and practice of the state civil service, as well as for improving legislation on the state civil service.
Keywords: state civil service, court apparatus, digitalization, electronic document management systems, informatization, electronic interaction, advanced training, work efficiency.
Article bibliography
1. Koryakin I. I. Features of the public-legal status of a civil servant in the field of organizational support for the activities of courts // Russian judge. – 2023. – No. 1. – P. 54-60.
2. Koshcheev N. K. Electronic justice: historical and modern aspects of the formation of the regulatory framework // State power and local self-government. – 2023. – No. 6. – P. 48-50.
3. Stefan D. I. The process of forming the institution of judicial service // Civil service and personnel. – 2021. – No. 3. – P.148-152.
STATE AND LAW
STEPANENKO Alexey Sergeevich
Ph.D. in philosophical sciences, associate professor, Head of Humanitarian and socio-economic sciences sub-faculty, Director of the East Siberian branch of the Russian state university of Justice, Irkutsk
STATE-LEGAL POSTULATES OF THE DEMOCRATIC FORM OF GOVERNMENT
The article examines the key principles and mechanisms underlying democratic systems. The mainfocus is on the role of consultations and political cooperation, which are critical elements for the sustainability and effectiveness of democratic governance. The article analyzes historical trends in the development of democracies, emphasizes the importance of open dialogue between different political actors, and discusses mechanisms that promote inclusiveness and participation of all stakeholders in the decision-making process. Special emphasis is placed on legal instruments and institutional structures that support consultation and cooperation processes, which help harmonize the interests of different social groups and promote social stability. The author concludes that only through strengthening consultation processes and cooperation can sustainable and fair democratic governance be achieved.
Keywords: democracy, public administration, theory of state and law, consultations, political cooperation.
Article bibliographic list
1. Schmitt K. State and political form / Transl. with him. O. V. Kildyushova; comp. V. V. Anashvili, O. V. Kildyushov. – M.: Publishing house. House of State un-ta – Higher School of Economics, 2020. – P. 58.
2. Korkunov N. M. Lectures on the General Theory of Law. 2nd ed. / Preface by prof. I. Yu. Kozlikhin. – St. Petersburg: Publ. – in “Legal Center Press”, 2021. – P. 311.
3. Novgorodtsev P. I. Democracy at the Crossroads // Works. – M., 2019. – P. 394-395.
4. Berman G.J. The Western Legal Tradition: The Formative Era / Translated from English. 2nd ed. – M., 2022. – P. 47.
STATE AND LAW
KHAVADZHI Dinara Remzievna
Ph.D. in Law, associate professor, associate professor of Theory and history of law and state sub-faculty of the Crimean branch of the Russian State University of Justice, Simferopol
ON THE ISSUE OF RESEARCH METHODS FOR THE TRANSITIONAL JUSTICE MODEL
This article is devoted to the analysis of the transitional justice model using a set of methods, among which general scientific and special legal ones are distinguished. These groups of methods are analyzed and the directions of their use are determined within the framework of determining the nature, role and function of transitional justice. Transitional justice is designed to ensure an effective and legitimate response to previously unpunished gross violations of human rights and other serious violations of the rule of law.
Keywords: transitional justice, general scientific methods, nature of transitional justice, transitional justice policy, research methods.
Article bibliography
1. Kushnarev A.S., Metzler V.E. The concept of transitional justice: problems and prospects // Questions of Russian Justice. – 2023. – No. 25. – P. 385-395
2. Lecture course on the theory of state and law. V. M. Shafirov, I. D. Mishina, and others. – Krasnoyarsk, 2017. – 253 p.
3. Shcherbakova A. Ya. Synergetic approach to the study of world order // Social and humanitarian knowledge. – 2015. – pp. 322-327
STATE AND LAW
SHMELEV Ivan Valerjevich
Ph.D. in Law, senior lecturer of Administrative and financial law sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
SOUTH SUDAN: DISTRIBUTION OF POWERS AND FORMATION OF THE FEDERATION
South Sudan is the youngest country in Africa.
The legitimate consolidation of the distribution of power between the ruling entities is the basis of stability and prosperity of any state. Laying this foundation in the Constitution, it is necessary to provide for the interests of the represented people and government, as well as to avoid possible conflicts arising from legal gaps and inaccuracies in the most important document of the state. The end of the long period of confrontation between south and north Sudan was marked by the adoption of the Constitution in 2011. However, its content does not solve all the problems that stand in the way of a new sovereign country.
This article examines the difficulties encountered in the formation of the federation of South Sudan.
Keywords: South Sudan, Constitution, division of powers, federation, decentralization.
Article bibliography
1. Constitution-making in South Sudan: a work in progress with many complexities but a clear goal. UNMISS.
2. Mezentsev S. V. “South Sudan, independence, what next? // Asia and Africa today. 2012. No. 9.
3. Outh Sudan’s secession in contemporary Africa by Mariétjie Johanna Nicholson.
4. Karimova L. S. Realization of the right to self-determination of the Republic of South Sudan // Bulletin of the University of Management “TISBI”. 2023. No. 3.
5. Sizov S. G., Malov D. V. Historical, cultural and political factors of interethnicrelations in the territory of North and South Sudan // Bulletin of Omsk University. 2012. No. 1 (63). P. 340-345. – EDN PFQYQD.
6. Kochanova T. V. Geopolitical and intrastate causes of the dynamics of the armed conflict in the Republic of South Sudan // Conflictology. 2017. No. 1 @@ Makutchev A. V. War for resources: Abyeiski and the conflict between Sudan and South Sudan // Scientific notes of OSU. Series: Humanities and social sciences. 2019. No. 1 (82).
7. Deng M.A.W. Defining the nature and limits of presidential powers in the transitional Constitution of South Sudan: a politically contentious matter for the new nation // J. of African law. L., 2017. Vol. 61. No. 1. P. 23-39.
LANGUAGE AND LAW
MAKAYEVA Guzal Zaynagievna
associate professor of Russian language of pre-master’s and pre-graduate training sub-faculty of the Preparatory Faculty for Foreign Students of the Kazan Federal University
MAKAYEV Khanif Fakhretdinvich
associate professor of Foreign languages sub-faculty of the Institute of International Relations of the Kazan Federal University
IBATULINA Lyuciya Munirovna
senior lecturer of Foreign languages sub-faculty of the Institute of International Relations of the Kazan Federal University
USING ABBREVIATIONS WHEN TEACHING LANGUAGES TO LAW STUDENTS
One of the important aspects in learning a language is vocabulary, in particular abbreviations, which present difficulties in listening, understanding and using in both written and oral speech for specialists in all fields, including legal. The work examines abbreviated and truncated words used in official situations, as well as among professionals in the field in question. It is recommended that students pay attention to abbreviations for their adequate use in written and oral speech. The purpose of using abbreviations is indicated, as well as the need to strive to preserve the basic meaning of the text when translating abbreviated lexical units from one language to another. It is also important to take into account adequate pronunciation of the words in question. Research methods were observation, analysis, and comparison. The results obtained can make a certain contribution to pedagogical science.
Keywords: language, abbreviation, student, written and oral speech, specialist, training, method.
Article bibliography
1. Makaeva G. Z., Makaev Kh. F., Ibatulina L. M. Transformations in the translation of legal texts from English into Russian // Eurasian Law Journal. – 2023. – No. 11 (186). – 2023. – P. 485-486. DoI 10.46320/2073-4506-2023-11-186-485-486.
2 Ulitkin I. A., Nelyubin L. L. Use and translation of abbreviations in scientific and technical text // Science of Man: Humanitarian Research. – 2014. – No. 4 (18). – P. 58-69.
3. Efremova E. P., Lazutkina E. V., Ratueva O. N. Abbreviation in the terminology of jurisprudence based on the English language // Modern studies of social problems. – 2022. – Vol. 14. No. 4. – P. 185-194. http://soc-journal.ru
4. Baligar A. L. The main types of short forms of lexical units // Word formation and its place in the course of teaching a foreign language. – 1978. – No. 6.
5. Baranova A. R., Abdrakhmanova A. A., Mubarakshina A. M., Makayev Kh. F. Variety of Exercises in Teaching Translation of Scientific and Technical Texts. Quid: Investigación, Ciencia y Tecnología. – 2017. – No. S1. – Vol. Is.28. – P. 778-783. [Electronic resource]. – Access mode: https://repository.kpfu.ru/?p_id=168652.
6. Sigacheva N., Makayev Kh., Makayeva G., Gainanova D. Some Approaches to Translation of Professional Terms Abbreviation in Materials Science E3S Web of Conferences Volume 274 (2021). 2nd International Scientific Conference on Socio-Technical Construction and Civil Engineering (STCCE – 2021). – France, 2021. – P. 12003. [Electronic resource]. – Access mode: https://repository.kpfu.ru/?p_id=255384.
ECONOMY. LAW. SOCIETY
ALIEV Islam Azigadzhievich
Ph.D. in economical sciences, senior lecturer of Economic and general education disciplines sub-faculty of the Dagestan State University, branch in Izberbash
BUDGET RESOURCES AS THE MAIN SOURCE OF FINANCING FOR SOCIAL SECTOR ORGANIZATIONS
The article examines the state extra-budgetary funds, their role on the quality of life of the country’s population, how they influence the social policy pursued by the state. The sources of financing of funds, the possibilities of their additional increase, as well as the main directions of spending financial resources are being studied. The main directions in which the development of such organizations should be carried out are highlighted, the elements and factors that can increase efficiencyand effectiveness for the growth of the national economy are considered.
Keywords: state power, market economy, budgetary system, budgetary funds, social funds, welfare development, economic growth, state regulation.
Article bibliography
1. Federal Law “On the Budget of the Pension Fund of the Russian Federation for 2022 and for the Planning Period of 2023 and 2024” dated 06.12.2021 No. 391-FZ (last ed.) – [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_ 402531/
2. Afanasyev, M. P. Budget and budget system in 2 volumes. Volume 1: textbook for universities / M. P. Afanasyev, A. A. Belenchuk, I. V. Krivogov. – 6th ed., revised. and additional. – Moscow: Publishing house Yurait, 2023. (Higher education) // Educational platform Yurait [website]. – [Electronic resource]. – Access mode: https://urait.ru/bcode/512752.
3. Berzon N. I. Public finances: a textbook for universities / edited by N. I. Berzon. – Moscow: Publishing house Yurait, 2023 – (Higher education) // Educational platform Yurait [website]. – [Electronic resource]. – Access mode: https://urait.ru/bcode/ 512095.
4. Ivanova D. E., Ivanov V. E. Assessment of the impact of pension reform on the level of welfare of the population // State and municipal administration. Scientific notes. – 2022. – No. 2.
ECONOMY. LAW. SOCIETY
AMIROVA Maryam Gatamovna
Ph.D. in economical sciences, senior lecturer of Economic, legal and general educational disciplines sub-faculty of the Dagestan State University, branch in Izberbash
SULEYMANOVA Aminat Musaevna
Ph.D. in economical sciences, associate professor of Economic, legal and general educational disciplines sub-faculty of the Dagestan State University, branch in Izberbash
THE ROLE OF REGIONAL BANKS IN THE REGIONAL ECONOMY
Increasing the viability of regional banks in the current conditions of growing political and financial instability is the most important condition for ensuring the security of the banking system and the entire financial sector of the country as a whole. When determining the status of a regional bank, it is necessary not only to proceed from the optimal amount of capital and the list of operations, but also to legislate approaches to the strategies and business models realized by such banks.
Financial stability and the creation of conditions for economic growth of the regional banking sector in the long term are directly related to the development of the banking system. The forms and directions of development of regional banks, as well as its general concept, which determines these forms and methods, undoubtedly require multilateral research.
Keywords: regional banks, banking system, small and medium business, innovation stimulation.
Article bibliography
1. Dzarakhov A. Problems and prospects for the development of regional banks in modern Russia // Self-government. – 2023. – No. 1 (134). – P. 46-49.
2. Katz E. Local banks – global ambitions // Bosfera. – 2024. – No. 3, March. (301). – [Electronic resource]. – Access mode: https://bosfera.ru/bo/banki-lokalnye-ambicii-globalnye.
3. The main directions of development of the financial market of the Russian Federation for 2024 and the period 2025 and 2026. – [Electronic resource]. – Access mode: https://docs.yandex.ru/docs/view?tm=1717344952&tld=ru&lang=ru&name=onrfr_2024-26.pdf&text=main%20directions%20of%20development%20of%20the%20financial%20market%202024-2026.
4. Rating of Russian banks by assets. – [Electronic resource]. – Access mode: https://www.vbr.ru/banki/raiting/
5. Fadeikina N. V., Shvetsova N. S. On the role of regional banks in the socio-economic development of regions // Siberian financial school. – 2022. – No. 3 (147). – P. 66-81.
ECONOMY. LAW. SOCIETY
BURMISTROVA Alevtina Anatoljevna
Ph.D. in economical sciences, associate professor of Strategic economic development sub-faculty of the G. R. Derzhavin Tambov State University
MANANNIKOVA Oksana Nikolaevna
Ph.D. in economical sciences, associate professor of Strategic economic development sub-faculty of the G. R. Derzhavin Tambov State University
RODIONOVA Natalya Konstantinovna
Ph.D. in economical sciences, associate professor of Strategic economic development sub-faculty of the G. R. Derzhavin Tambov State University
THE SHADOW NON-CRIMINAL SECTOR AS A MANIFESTATION OF THE IMBALANCE OF THE REGION’S ECONOMY
The article presents research materials on the relationship between the shadow non-criminal sector and structural and sectoral shifts and spatial imbalances in the regional economy. The peripheral nature of the Tambovregion’s economy is shown and it is proved that unstable employment and its shadow forms should be considered in the context of the competitive advantages of the main sectors of the region’s economy, which are based on the intensification of relatively cheap labor.
Keywords: spatial economy, competitive advantages, shadow non-criminal sector, precarious employment.
Article bibliography
1. Mamontov V. D. Efficiency of using human capital in the regional economic system (on the example of the Tambov region) // Global problems of modernization of the national economy: Materials of the VIII International scientific and practical conference. – 2019. – P. 439-453.
2. Kuznetsov I. A., Sayapin A. V., Polushkina O. O. Problems of restructuring the economy of an agro-industrial region // Bulletin of the North Caucasian Federal University. – 2021. –№ 4. – P. 63-69.
3. Regional Budgets in 2021: Deficit Strategies. [Electronic resource]. – Access mode: https://nacexpert.ru/wp-content/uploads/2021/01/Доклад_бюдежы_19012021_compressed1.pdf?ysclid=lh0a3qtsh0489999737.
4. Labor and Employment in Russia. 2023: Stat. collection / Rosstat. M., 2023. – 180 p.
5. Labor force, employment and unemployment in Russia (based on the results of sample surveys of the labor force) 2020 Stat. collection / Rosstat. – M., 2020.
6. Sayapin A. V., Fatkhutdinov A. A., Cheremisina N. V. Shadow relations in consumer markets and economic security of the consumer // Eurasian Law Journal. – 2023. – No. 8 (183). – P. 488-490.
ECONOMY. LAW. SOCIETY
DAITOVA Patimat Isaevna
senior lecturer of Economic and general education disciplines sub-faculty of the Dagestan State University, branch in Izberbash
ANALYSIS OF THE ACTIVITY OF THE PENSION AND SOCIAL INSURANCE FUND OF THE RUSSIAN FEDERATION IN THE SPHERE OF PENSION PROVISION
The development of the pension provision system in modern society is a complex and multifaceted task for the state. It requires a complex approach and consideration of many factors: demographic situation, economic development of the country, income level of the population, social needs of citizens. The correct solution of this problem will help to create a more equitable and sustainable system of social protection for all citizens of the Russian Federation. In this regard, the analysis of problems and determination of prospects for the development of the pension provision system in modern Russia becomes relevant and timely.
Keywords: pension, retirement age, social policy, pension fund, pension provision, Pension and Social Insurance Fund of the Russian Federation.
Article bibliographic list
1. Mamiy E. A., Akopyan E. G. The state and prospects of development of non-state pension provision // Economics of sustainable development. – 2019. – No. 31 (37). – P. 38-48.
2. Sazanova N. V. Pension Fund of the Russian Federation, modern problems of its functioning // Bulletin of Eurasian Science. – 2024. – No. 1. – P. 90-102.
3. Website of the Federal Treasury. – [Electronic resource]. – Access mode: https://roskazna.ru/ispolnenie-byudzhetov/ (date of access: 10.07.2024).
4. Sinyavskaya O. V., Voron O. V. Active longevity policy and pension reforms: Russian and international experience. / Vol. Issue 1. – M.: Publishing house of the Higher School of Economics, 2023. – 191 p.
ECONOMY. LAW. SOCIETY
NEDZELSKIY Alexey Evgenjevich
Ph.D. in economic sciences, associate professor of Philosophy and socio-humanitarian disciplines sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk
NEDZELSKAYA Olga Nikolaevna
Ph.D. in economic sciences, entrepreneur
ARCHITECTONICS OF ENTREPRENEURIAL POTENTIAL AS A SEMIOTIC CONSTRUCT
The article illustrates the structure of small and medium-sized enterprises in Russia, including the example of the municipality – the city of Abakan. The main prerequisites influencing the disposition of small and medium-sized enterprises in the Russian Federation as a whole, as well as at the municipal level, are presented. The need to appeal to the semiotic context as a way to contain obstacles hindering the development of small and medium-sized enterprises is postulated. The measures of state support that provide inclusive assistance to small and medium-sized businesses are considered. As a successful example for the development of small and medium-sized enterprises, the construct of the socio-economic space of municipal enterprises (enterprises with the participation of the municipality) is given, which has allowed for several decades to form a unique experience based on knowledge and revealing the humanistic foundations of economic activity.
Keywords: semantics, semiotics, entrepreneurship, entrepreneurial potential, postmodernism, ideologies, small and medium-sized entrepreneurship, public policy, managerial personnel.
Article bibliography
1. Kenneth V. A. Small business: Strategic planning. – M.: Dovgan, 2006. – P. 54.
2. Siropolis N. K. Small business management. – M.: Delo, 2007. – 672 p.
3. Slutsky L. E. Development of small entrepreneurship in the Russian economy. – M.: Finance and statistics, 2000. – 144 p.
4. Statistical collection “Small and medium-sized entrepreneurship in Russia”. – [Electronic resource]. – Access mode https://rosstat.gov.ru/storage/mediabank/mal_pred_2022.pdf.
5. Official website of the Ministry of Economic Development of the Russian Federation. National project “Small and Medium Entrepreneurship and Support for Individual Entrepreneurial Initiatives”. – [Electronic resource]. – Access mode: https://www.economy.gov.ru/material/directions/nacionalnyy_proekt_maloe_i_srednee_predprinimatelstvo_i_podderzhka_individualnoy_predprinimatelskoy_iniciativ/
6. Unified Register of Small and Medium Entrepreneurship Entities. – [Electronic resource]. – Access mode: https://ofd.nalog.ru/
ECONOMY. LAW. SOCIETY
SULEYMANOVA Aminat Musaevna
Ph.D. in economical sciences, associate professor of Economic, legal and general educational disciplines sub-faculty of the Dagestan State University, branch in Izberbash
GADZHIEVA Zubaidat Khabibovna
senior lecturer, associate professor of Economic, legal and general educational disciplines sub-faculty of the Dagestan State University, branch in Izberbash
ASSESSMENT OF THE STATE OF REGIONAL COMMERCIAL BANKS
There are fewer and fewer regional banks, their supervisory requirements have been tightened, and the costs of complying with these requirements are increasing. Moreover, the concept of a regional bank and its status are not legally defined. The profitability of many banking services is falling and, as a result, the return on equity is decreasing and regional banks are losing their former, long-standing ties with their established clientele. Financial stability and the creation of conditions for the economic growth of the regional banking sector in the long term are directly related to the development of the banking system.
Keywords: Regional banks, banking system, assets, liabilities, loan portfolio.
Article bibliography
1. Review of the Association of Russian Banks “Banks and the Economy in Figures and Graphs” // 4th quarter of 2023. – No. 1 (8).
2. Polukhina O. S., Grigorieva L. V. Problems and Prospects for the Development of Regional Banks in the Russian Federation // Forum of Young Scientists. – 2023. – No. 1 (77). – P. 159-162.
3. Rabadanova D. A., Ibragimov R. I. Features of the formation of equity capital of large and regional banks // Journal of Applied Research. – 2022. – Vol. 1. No. 11. – P. 43-48.
4. Central Bank of the Russian Federation: Official website. – Moscow. – [Electronic resource]. – Access mode: https://www.cbr.ru/statistics/?PrtId=int_rat (date of access: 07/25/2024).
ECONOMY. LAW. SOCIETY
FU QI
postgraduate student of Financial control, analysis and audit sub-faculty of the Faculty of Economics of the Belarusian State University, lecturer of the Faculty of Tourism and Planning of the Pingdingshan College, Henan, China
DILEMMAS AND COUNTERMEASURES ANALYSIS OF CHINA’S RURAL TOURISM FINANCING MODEL
Financing is an essential guarantee for the development of rural tourism to promote rural economic growth. This article analyzes the development stage of China’s rural tourism and the characteristics of its financing mode at each stage, and summarizes the main mode of rural tourism financing. Combined with the actual development of China’s rural tourism and influencing factors, it analyzes the financing dilemma of China’s rural tourism development and puts forward countermeasures to solve the problem.
Keywords: rural tourism, financing mode, stage characteristics, financing dilemma, China’s countermeasures.
Reference
1. Chinese government website. [Electronic resource]. – Access mode: http://www.moa.gov.cn/xw/qg/202307/t20230731_6433207.htm.
2. AN Chuanyan, ZHAI Zhouyan, LI Tongsheng.International research on rural tourism in recent 10 years and its implications for China // Resources science. – 2020. – No. 5. – R. 956 -968.
3. Jia Jingyi. Problems and countermeasures for rural financial institutions to participate in rural tourism development [J]. // Agricultural Economics. – 202. – No. 03. – R. 135-137.
4. Su Lanlan, Kong Rong. Farmers’ financial literacy, farmland transfer and farmland mortgage financing – Empirical evidence based on survey data of 1947 farmers in Shaanxi, Ningxia and Shandong [J]. // Finance and Trade Research. – 2021. – No. 32 (07). – R. 42 -55+110.
5. Han Ziwei. Solving the financing problems of farmers’ professional cooperatives – theoretical analysis and practical breakthroughs [J]. // Agricultural Economics. – 2021. – No. 09. – R.109-110.
PHILOSOPHY. RIGHT. SOCIETY
BAIROV Andrey Semyonovich
senior lecturer of Philosophy and socially-humanitarian disciplines sub-faculty of East-Siberian Institute of the MIA of Russia, Irkutsk, lieutenant colonel of police
TRADITIONS OF RAID HUNTING AMONG THE BURYATS
The article examines the problem of the emergence of round-up hunting traditions among the Buryats of the Cis-Baikal region . The semantic origin of the name of roundup hunting among the Buryats is analyzed. The genesis of the raid as a military exercise is traced to a common type of hunting. The important role of the religious class (shamans) in this type of hunting is seen. Versions of the ethnic origin of the Bulagats and Ekhirits are given. The toponyms of Cisbaikalia and the Eastern Sayan Mountains are studied. The tactics of a raid as a type of military maneuvers are given.
Keywords: Cisbaikalia, roundup hunting, Kurykans, military exercises, bulagat and ekhirit, M. N. Khangalov, shaman-leaders of the hunt.
Bibliographic list of articles
1. Khangalov M. N. Collected Works. In 3 volumes. Vol. 2. Ulan-Ude: Buryat. book publishing house, 1960. P. 181.
PHILOSOPHY. LAW. SOCIETY
DAVYDENKO Marina Vyacheslavovna
Ph.D. in philosophical sciences, associate professor of Humanitarian sciences of the Moscow International University
CRITERIA OF ARTISTIC VALUE IN RUSSIAN RELIGIOUS AND PHILOSOPHICAL THOUGHT OF THE LATE 19TH – EARLY 20TH CENTURIES (BASED ON THE EXAMPLE OF THE PHILOSOPHICAL AND AESTHETIC VIEWS OF A. BELY AND P. A. FLORENSKY)
The article examines a specific aspect of the philosophical and aesthetic views of A. Bely and P. A. Florensky, in particular, the content of the criteria of artistic value, principles and parameters of artistic evaluation. The relevance of addressing the problem is associated with the peculiarities of the manifestation of religious aestheticism as a type of worldview in the concepts of philosophers. The author compares the essence of the thinkers’ views on the problem of artistic value, reveals the content of the principles-criteria on the basis of which judgments about art are possible.
Keywords: artistry, artistic value, criteria of artistic value, theurgic aesthetics, artistic evaluation, religious aestheticism.
Article bibliography
1. Akopova Yu. A. Andrey Bely and Pavel Florensky: Intuitions about Man / / Philological sciences. – 2018. – No. 10. Part 1. – P. 9-12.
2. Bely A. Symbolism as a worldview / Comp., introduction and notes by L. A. Sugai.- M.: “Respublika”, 1994. – 888 p.
3. Bychkov V. V. Russian theurgic aesthetics. – M.: “Ladomir”, 2007. – 743 p.
4. 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. 79-96.
5. Ivanova E. V . Florensky and the Symbolists. Life and Creative Intersections / Pavel Florensky and the Symbolists. Literary Experiments. Articles. Correspondence. – M.: “Languages of Slavic Culture”, 2004. – 704 p.
6. Kozhurin A. Ya. On the typology of religious aestheticism (K. N. Leontiev and P. A. Florensky) // “Vestnik SPbGU”. – 2014. – Series 17. Issue 2. – P. 120-128.
7. Pavel Florensky and the Symbolists. Literary Experiments. Articles. Correspondence. – M.: “Languages of Slavic Culture”, 2004. – 704 p.
8. Radugin V. M. Aesthetic ideal and its embodiment in art: abstract of dissertation for the academic degree of Doctor of Philosophy: 09.00.04. – M., 1995. – 24 p.
9. Tukhto M. E. Art and Mathematics: unpublished notes of Andrei Bely. // Bulletin of Moscow University. Series 9. Philology. – 2023. – No. 1. – P. 150-167.
10. Florensky P. A. Analysis of spatiality and time in artistic and visual works. – M.: “Progress”, 1993. – 324 p.
PHILOSOPHY. LAW. SOCIETY
ZOLOTAREV Sergey Petrovich
Ph.D. in philosophical sciences, professor of Philosophy and history sub-faculty of the Stavropol State Agrarian University
FORMATION OF MASS CONSCIOUSNESS OF RUSSIAN YOUTH: A SOCIO-PHILOSOPHICAL ANALYSIS
The relevance of the proposed topic is determined by the fact that previous experiences confirms that the basis for the development of society lies in the stage of group and personal transformation of consciousness, defined at the level of objective and subjective character. The main purpose of the article is to analyze the mechanisms of formation of social thinking of modern Russian youth. The main objectives of this article include: identifying patterns of cultural transformation of the younger generation in a dynamically changing world; conducting an analysis using socio-philosophical approaches and scientific concepts reflecting the nature and role of society in different epochs of the stages of the evolution of the youth worldview of Russia; to comprehend the details of the emergence of inconsistencies between negative and positive models of information warfare conducted by Western European governments in the field of ensuring the protection of the individual and the state. Conclusions are drawn that there is a need to form a unified socio-philosophical paradigm in understanding the phenomena of reality in order to create the right management actions and strategic directions for the implementation of current events inside and outside the state.
Keywords: youth, society, paradigm, mass consciousness, worldview, crowd, mass, models, mechanism, information, communication.
Article bibliography
1. Blumer H . What is Wrong with Social Theory // American Sociologocal Review. – 1954. – V. 19.
2. Giddens Anthony Sociology / With the participation of K. Birdsall: Trans. from English. 2nd ed., completely revised. and add. – M.: Editorial URSS, 2005. – 632 p.
3. Durkheim // New Philosophical Encyclopedia: in 4 volumes / Prev. scientific editorial board V. S. Stepin. – 2nd ed. , corrected and expanded. – M.: Mysl, 2010. – 2816 p.
4. Bell D. The End of Ideology: On the Exhaustion of Political Ideas in the Fifties. – N.Y.: Free Press, 1965.
5. Shelsky G. Skeptical generation [Text] // Society and youth / Comp. V. D. Kobetsky. – M.: Young Guard, 1968. – 230 p.
6. Shanin T. History of generations and generational history // Fathers and Sons: generational analysis of modern Russia / Comp. Y. Levada, T. Shanin. – M., 2005. – P. 20.
7. Mannheim Karl. Selected: Diagnosis of our time. – M.: RAO Talking Book, 2010. – 744 p.
PHILOSOPHY. LAW. SOCIETY
KORNEV Georgiy Pavlovich
Ph. D. in philosophical sciences, professor of History, philosophy and sociology sub-faculty of the Nizhny Novgorod State Agrotechnological University
ONTOLOGICAL CHARACTERISTICS AND ETYMOLOGICAL SOURCES OF SPIRITUAL TRUTH BY P. A. FLORENSKY
The purpose of the article is to reveal the ontological nature of Spiritual Truth and its etymological sources. The methodological basis of the research is represented by a combination of the historical-genetic method and the method of hermeneutical reconstruction. The lexical structure and content of the archaic terms “estina” and “aletheia” (αλήθεια), their influence on truth as a living integral organism, spiritualizing cognizable reality, are considered. The idea is substantiated that Florensky, in order to prove the divine status of archaic truth, also proceeded from the Platonic etymology of aletheia, meaning the human striving for existence. The difference between Florensky’s and Heidegger’s understanding of aletheia along the line of oblivion is clarified/concealment. Florensky’s strategy of overcoming the limitations of rationalism (antinomianism of reason) and empiricism (isolation of perception) by appealing to Spiritual truth as the Trinity of the Father, Son and Holy Spirit is revealed.
Keywords: truth, aletheia, etymology, ontology, Spiritual truth, P. A. Florensky, M. Heidegger, Plato, God, Trinity.
Article bibliography
1. Buzhor E. S., Buzhor V. I., Naumov A. V. Ontological character of P. A. Florensky’s theory of knowledge // Manuscript. – 2021. – Issue. 7 (Vol. 14). – P. 1398-1403.
2. Plato . Cratylus // Collected works: in 4 volumes. Vol. 1 / Trans. from ancient Greek; general editor A. F. Losev. – M.: Mysl, 1990. – P. 613-681.
3. Razinov Yu. A. Truth and mystery: four aspects of Greek aletheia // Izvestia Saratov University. Series: Philosophy. Psychology. Pedagogy. – 2012. Issue. 2 (Vol. 12). – P. 29-33.
4. Reznechenko A. I. Florensky and Heidegger about Ἀλήθεία: oblivion and/or hiddenness? // Bulletin of the Russian State University for the Humanities. Series: “Philosophy. Sociology. Art Studies”. – 2017. – No. 1 (7). – P. 47-63.
5. Florensky P. A. Limits of Epistemology: (the main antinomy of the theory of knowledge) // Theological Bulletin. – 1913. No. 1. – P. 147-174.
6. Florensky P. A. The Pillar and Ground of Truth. An Experience of Orthodox Theodicy in Twelve Letters // Works: In 2 volumes. Vol. 1. Part 1 and Part 2. – Moscow: Pravda, 1990. – 496 p. (Part 1), 352 p. (Part 2).
7. Frank S. L. Russian worldview // Spiritual foundations ofsociety / Comp. and author of the introduction P. V. Alekseev. – M.: Respublika, 1992. – Pp. 472-500.
8. Heidegger M. Time and Being / Translated from German. – M.: Respublika, 1993. – 447 p.
9. Cole Th. Archaic Truth // Urbino notebooks of classical culture. – 1983. – T. 13. – № 1. – Pр. 7-28.
10. Snell B. The Entrance of Geistes: Studies in the Entrance of Europe. From Greece to Greece. – Göttingen: Vandenhoeck & Ruprecht, 1980. – 334 s.
PHILOSOPHY. RIGHT. SOCIETY
KURITO Oksana Vasiljevna
Ph.D. in philosophical sciences, associate professor of Philosophy sub-faculty of the Mikhail Tugan-Baranovskiy Donetsk National University of Economics and Trade
ENSURING PROGRESS IN THE FIELD OF KNOWLEDGE, IDENTIFYING GAPS IN RESEARCH: THE SOCIO-PHILOSOPHICAL ASPECT
Philosophy continues the discussion of paradigmatic issues of education in a certain way and stabilizes the special semantic tradition of the field of modern knowledge. Although this seems to ensure the amazing persistence of this form of reflection, nevertheless, the question of the empirical coherence of the concept of education and the theory of education in the framework of modern digital transformation has so far remained unanswered. Therefore, the question below is considered to what extent it is possible to talk about philosophical research in the field of education, knowledge related to the subject of social philosophy.
Keywords: social philosophy, knowledge, progress in the field of knowledge, gaps in research, digitalization.
Bibliography
1. Floridi, Luciano The 4th Revolution. How the Infosphere is changing our Lives, 2024. – L.: Suhrkamp. – 512 p
2. Noller Jörg. Philosophy of digitality / Reality – Virtuality – Normativity. – N.-Y: Metzler. 2023. – 388 p.
3. Stalder Felix. 2016. Culture of Digitality. Fr.: Suhrkamp // Collection of articles. – L., 2024. – 412 p.
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5. Yushkevich P. S. Worldview and Worldviews: Essays and Characteristics. – M.: Librokom Book House, 2011. – 184 p.
6. Baksansky O. E. Cognitive Construction of Reality. Philosophy of Education. – M.: Ogni, 2021. – 934 p.
7. Spirkin A. G. Social Philosophy and Philosophy of History. – M.: Yurait. 2024. – 185 p.
8. Hobbes T. Leviathan, or Matter, the form of power of the state, ecclesiastical and civil. Works in 2 volumes. T. 1. – M.: Mysl, 1991. – P. 5-285.
9. Bermus A. G. Modernization of education. Philosophy, politics, culture. – M.: Canon + ROOI “Rehabilitation”, 2021. – 384 p.
10. Starikova L. D. History of pedagogy and philosophy of education. – M.: Phoenix, 2019. – 448 p.
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13. Kuznetsova T. F. Philosophy and the problem of humanitarization of education. – M., 2020. – 117 p.
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16. Gagaev A. A., Gagaev P. A. Russian philosophical and pedagogical teachings of the 17th-21st centuries. – M.: Russkoe slovo, 2002.
17. Gershunsky B. S. Philosophy of education for the 21st century (In search of practice-oriented educational concepts). – M.: Perfection, 1998. – 608 p.
18. Likhachev B. T. Philosophy of education. Special. course: teaching aid for students of higher educational institutions. – M.: Prometheus, 1995.
19. Philosophy of education. – M.: New Millennium Foundation, 2023.
PHILOSOPHY. LAW. SOCIETY
MAKSIMENKO Marina Vyacheslavovna
Ph.D. in philosophical sciences, associate professor of Criminal, penal law and organization of the execution of sentences, not related to the isolation of convicts from society sub-faculty of the Perm Institute of the FPS of Russia
THE IMPORTANCE OF THE PRINCIPLES OF PROFESSIONAL ETHICS OF AN EMPLOYEE OF THE PENAL SYSTEM
The article examines the possibility of formulating principles of professional ethics for an employee of the penal system by analyzing the content of the provisions of the Code of Ethics and Official Conduct of Employees and Federal State Civil Servants of the Penal System, approved by Order of the Federal Penitentiary Service of Russia dated 01/11/2012 No. 5. The content of the formulated principles is briefly disclosed, and the content of individual specific instructions set forth in the Code is critically examined. The conclusion is debated that the content of the Code of Ethics and Official Conduct of Employeesand Federal State Civil Servants of the Penal System should consist of principles as the most general ideas containing ethical standards of proper behavior.
Keywords: professional ethics of an employee of the penal system, principles of professional ethics, Code of Ethics and Official Conduct of Employees and Federal State Civil Servants of the Penal System, moral standards, ethical standards of professional activity.
Article bibliographic list
1. Germashev A. N. On the method of legal hermeneutics // Society and Law. – 2009. – No. 4 (26). – P. 42-46.
2. Gorobets V. D. On the principle of economy of legal regulation and its significance for the law-making process // Law and state: theory and practice. – 2019. – No. 9 (177). – P. 6-8.
3. Iskhakov I. I., Kasimov T. S., Kasimova D. F., Abdullin I. S. Conflict of interests: problems of legal regulation and practice of application // Eurasian Law Journal. – 2022. – No. 11 (174) . – P. 95-97.
4. Solovieva P. V. The relationship between the professionalism of a judge and his moral qualities or the professionalism of a judge as a professional and moral quality // Judicial power and criminal procedure. – 2017. – No. 4. – P. 219-224.
5. Sychev V. B. On the issue of types of discrimination // Bulletin of the Saratov University. New series. Series Economy. Management. Law. – Saratov: Publishing House of the Saratov University. – 2012. – Volume 12. Issue 4. – P. 101-103.
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
EXTREMALITY WORLD – THE WORLD OF PROTEST BEHAVIOR OF PERSONALITY
The article examines the modern sociocultural space, which is permeated with the spirit of protest behavior. As a result of the research carried out within the framework of the article, the author comes to the conclusion that the world in which we live, being a world of transformation processes, demonstrates the transition from a post-classical society to an information society, which is a characteristic of the extreme world. As a result, the extreme world forms a person who corresponds to his own attributes, which leads to the corresponding behavior of the individual, which manifests itself through protest.
Keywords: personality, extremality world, protest behavior, extreme behavior, extremality.
Article bibliography
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2. Garanin O. Yu. Protest activity of youth in the context of political modernization of modern Russia: dis. … candidate of political sciences. Krasnodar, 2010.
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4. Guseinov A.Sh. Protest as a factor in destructive behavior of adolescents and young people // Bulletin of St. Petersburg University. Series 12 “Psychology. Sociology. Pedagogy”. 2011. Issue 2. June 2011.
5. Guseinov A.Sh. Phenomenon of protest behavior // Man, community, management. 2012. No. 12.
6. Camus A. Rebellious man // A. Camus. Philosophy. Politics. Art. Moscow: Politizdat, 1990.
7. Kostyushev V. Social movements and collective actions in the context of delayed modernization // Way of thinking and way of life. Moscow: Institute of Sociology of the Russian Academy of Sciences, 1996.
8. Lavrichenko O. V. Specificity of individual psychological determinants of protest behavior of adolescents from complete and single-parent families. [Electronic resource]. – Access mode: http://www.emissia.org/offline/2013/2051.htm (date of access: 04.04.2024)
9. Losev A. F. Philosophy. Mythology. Culture. Moscow: Politizdat, 1991.
10. Olshansky D. V. Psychology of terrorism. SPb.: Piter, 2002.
11. Popper K. Open Society and Its Enemies [text] /K. Popper M.: Phoenix, 1992.
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PHILOSOPHY. LAW. SOCIETY
MUKHLYNKINA Yuliya Vladimirovna
Ph.D. in philosophical sciences, associate professor of Philosophy sub-faculty of the Russian University of Transport (Moscow Institute of Transport Engineers)
TO THE QUESTION OF SYMBOLIC CONTENT OF MODERN NATIONAL CULTURE
The article examines the role of the symbolic content of culture in preserving its originality and integrity, in the formation of mass consciousness and the national identity of its bearers. The purpose of the study was to assess the current state of the symbolic content of Russian culture based on an analysis of the results of sociological research conducted over the last decade. As a result of the study, the author comes to the conclusion that the symbolic content of the culture of a significant part of modern Russian society is poor and identifies the reasons for this condition.
Keywords: culture, symbol, information-semiotic approach, symbolic content of culture, national identity, mass consciousness, cultural memory.
Article bibliographic list
1. Burovsky A. M. What is cultural studies? // Cultural Studies Journal. – 2011. – No. 3 (5). [Electronic resource]. – Access mode: https://cr-journal.ru/rus/journals/75.html&j_id=7. (date of access: 10.03.2024).
2. Imennova L. S. Nature as a source of symbolic activity // Horizons of humanitarian knowledge. – 2017. – No. 4. [Electronic resource]. – Access mode: http://journals. mosgu.ru/ggz/article/view/581 (date accessed: 02.03.2024). DOI: 10.17805/ggz.2017.4.6.
3. Historical consciousness of Russians: assessments of the past, memory, symbols (an experiment in sociological measurement) / FNISC RAS, Institute of Sociology. Ed. by M. K. Gorshkov. Moscow: Ves Mir Publishing House, 2022. – 248 p.
4. Karmin A. S. Philosophy of Culture in the Information Society: Problems and Prospects // Bulletin of the Russian Philosophical Society. – 2005. – No. 2 (34). – P. 49-62.
5. Culture as a Factor in Russia’s Modernization: Collective Monograph / Ed. by A. V. Kostin. – Publ. 2nd, corr. and add. – M.: Publishing house of Moscow Humanitarian University, 2015. – 318 p.
6. Litvintseva G. Yu., Pashedko Yu. M. Russian culture as the basis of national identity of Russians // International research journal. – 2017. – No. 11-1 (65).
7. Lotman Yu. M. Articles on the typology of culture // Materials for the course in literary theory. – Tartu, 1970. – Issue 1. – 108 p.
8. Markov A. P. Russian civilization in the global world: challenges, threats, resources of transformation. – SPb .: SPbGUP, 2017. – 453 p.
9. Milrud R.P. Language as a Symbol of Culture// Didactic Materials for Higher Education Students. – 2012. – Issue No. 10. – P. 127-151. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/yazyk-kak-simvol-kultury/viewer (accessed: 11.03.2024).
10. Symbols of Russia. Analytical Review// All-Russian Public Opinion Research Center (VTsIOM): official website. [Electronic resource]. – Access mode: https://wciom.ru/analytical-reviews/analiticheskii-obzor/simvoly-rossii (accessed: 01.03.2024).
11. Solomonik A. B. Sign and Symbol. [Electronic resource]. – Access mode: http://conpl.ru/pub/as_sym.Php# endnote1 (date accessed: 02.03.2024).
12. Tavadov G. T. Ethnology. Modern dictionary-reference book. Moscow, 2011.
13. White L. A. The concept of culture // Questions of social theory. – 2009. – Volume III. – Issue. 1 (3). P. 95-124.
14. White L. A. Symbol: the beginning and basis of human behavior // Anthology of cultural studies. The symbolic field of culture. – St. Petersburg: Center for Humanitarian Initiatives, 2011. – P. 173-188.
15. Heidegger M. Letter on humanism // Heidegger M. Time and being: Articles and speeches: Per. with it. – M.: Republic, 1993. – 447 pp.
PHILOSOPHY. RIGHT. SOCIETY
MAKULINA Evgeniya Yurjevna
postgraduate student of Philosophy and sociology sub-faculty of the M. V. Lomonosov Northern (Arctic) Federal University, Arkhangelsk
SOCIAL MEMORY IN THE CONTEXT OF INFORMATIZATION OF SOCIAL REPRODUCTION
The paper examines the factors digital transformations of social reproduction, which underlie shifts in the functioning of socio-historical memory. Cultures that have developed over a long period of development all kinds of mechanisms for broadcasting the cultural and genetic foundations of their own reproduction from generation to generation are faced with the problem of losing their own identity due to the unification of the information field by the “information noise” of social networks. This has opened up a wide and not always safe space for the transformation of socio-historical memory and the genetic foundations of traditional cultures. The complexity of issues related to the preservation of historical memory on the example of Russia requires the development of an appropriate philosophy of memory in order to ensure the appropriate “memorial sovereignty” of our country, necessary for a constructive perception of the past in order to build a model of a confident and competitive future. The article attempts to pose the problem of social memory in the digital age, identifies the key challenges facing the phenomenon of socio-historical memory. The purpose of the article is, first of all, to generalize philosophical issues and reflect on socio-historical memory.
Keywords: social memory, historical memory, historical trauma, politics of memory, sovereignty of memory, memory wars.
Article bibliographic list
1. Golovashina O. How did memory become social? // Questions of philosophy. – 2023. – No. 1. – P. 29-39.
2. Emelyanova N. N. Politics of memory and trauma of collective memory in the context of securitization // Questions of Philosophy. – 2020. – No. 7. – P. 30- 34.
3. Ivashevsky S. L. Memory of the social order and the order of social memory // Legal science and practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2022. – No. 1 (57). – P. 236-239.
4. Kant I. Works in six volumes. [Under the general editorship of L. F. Asmus and others]. – M.: Mysl, 1966. – Vol. 6. – 1966. – P. 420- 421.
5. Kodan S. V. Social memory in the structure of scientific and cognitive activity: concept, main characteristics, approaches to classification / Legal forms of experiencing history: practices and limits: collective monograph / Ed. S. V. Bochkarev. – SPb.: Asterion, 2020. – 694 p.
6. Feynman Memory Cube: How Does the New Type of Memory Work at the Atomic Level? [Electronic resource]. – Access mode: http://www.aethra.ru/kub- pamyati-fejnmana-kak-ustroen-novyj-tip-pamyati-na-atomarnom-urovne/ (date of access: 12.08.2024).
7. Letnyakov D. E. Agonistic memory and its prospects for the post-Soviet space // Caspian region: politics, economics, culture. – 2023. – No. 1 (74). – P. 52-58.
8. Makulin A. V. Ethical calculator: from philosophical “computational morality” to machine ethics of artificial moral agents (IMA) // Society: philosophy, history, culture. – 2020. – No. 11 (79). – P. 18-27.
9. Nora P. Disruption of Historical Identity: report at the international round table “History, Historians and Power”, Moscow, February 2, 2010. RAS // World of History. [Electronic resource]. – Access mode: http://www.historia.ru/2010/01/nora.htm (date of access: 12.08.2024).
10. Plato. Works in four volumes. T. 2 / Under the general editorship of A. F. Losev and V. F. Asmus; Translated from ancient Greek. – SPb.: Publishing house of St. Petersburg University: “Publishing house of Oleg Abyshko”, 2007. – P. 222.
11. Sharova V. L. The fickle past: historical memory as a political instrument in electronic mass media of modern Russia // Electronic scientific and educational journal “History”. – 2020. – Vol. 11. No. 9 (95). – P. 22.
12. Clayton M. Christensen. The Innovator’s Dilemma: When New Technologies Cause Great Firms to Fail (English). – Harvard Business School Press, 1997. – 178p.
PHILOSOPHY. LAW.SOCIETY
MIRELLI Moris Alexandrovich
postgraduate student of Philosophy and sociology sub-faculty of the M. V. Lomonosov Northern (Arctic) Federal University, Arkhangelsk
THE DOWNSIDE OF SOCIAL AND HUMANITARIAN COOPERATION AND IMAGES OF SOFT POWER
The paper examines the various effects of soft power manifested in social and humanitarian cooperation. One of the key aspects that is given priority attention is the concealment and negative phenomena accompanying soft power strategies in international cooperation. The complexity of issues related to soft power is related to the dilemma of gently advancing geopolitical interests in the context of the crisis of the unipolar world and Russia’s tasks to protect its national interests. The complex transformations of the contours of socio-humanitarian cooperation in the world, based on the power of new technologies of information influence, give rise to a set of socio-philosophical problems, without a constructive solution of which it is difficult to imagine the cognitive sovereignty of Russia. First of all, it is important to ensure that discussions continue on the role of soft power, its hidden effects and mechanisms for protecting Russia’s civilizational foundations from new challenges. The purpose of the work is to draw attention to the negative sides and strategies of soft power, because very often it is dissolved in various forms of cooperation, i.e. it pretends to be quite positive phenomena of human culture: cultural exchange, art, education, etc.
Keywords: cooperation, soft power, evolution of cooperation, game theory, prisoner’s dilemma, altruism.
Article bibliography
1. The Military Canon of China. Sun Tzu. Sun Bin. – M .: RIPOL classic, 2016 .– 494 p.
2. Emelyanova N. N. “Soft power” as a concept: a critical analysis // International Analytics. – 2018. – No. 3. – P. 7-24.
3. Global Soft Power Index 2022. [Electronic resource]. – Access mode: https://internationalwealth.info/ (date accessed: 08/15/2024).
4. Cokley S. Evolution, cooperation and evidence of the existence of God // Works of the Department of Theology of the St. Petersburg Theological Academy. – 2022. – No. 1 (13). – P. 189.
5. Makulin AV, Mirelli MA Global vectors of “soft power” in science and education: socio-epistemological aspects // Bulletin of the Northern (Arctic) Federal University. Series: Humanities and social sciences. – 2023. – Vol. 23. No. 4. – P. 92-103.
6. Makulin AV Philosophy of visual literacy: the role of infographics and visual thinking in social planning // Society: philosophy, history, culture. – 2019. – No. 1 (57). – P. 27-34.
7. Confessions of the destroyers of the USSR: “We just took dissidents on the payroll.” [Electronic resource]. – Access mode: https://sevastopol.su/news/priznaniya-razrushiteley-sssr-my-prosto-vzyali-na-zarplatu-dissidentov (date of access: 20.07.2024).
8. Thomas T. L. Reflexive management in Russia: Theory and military applications // Reflexive processes and management. – 2002. – Vol. 2. No. 1. – P. 72.
9. Fominykh A. E. “Soft power” of exchange programs // International processes. – 2008. -V. 6. No. 1 (16). – P. 76-85.
10. Shevchenko V. N. Viability of the Russian state as a philosophical and political problem – M., 2006. – P. 35.
11. Axelrod R., The Evolution of Cooperation. – New York: Basic Books, 1984. – 241 p.
12. Nick Hillman Over one-quarter of the world’s countries are headed by someone educated in the UK and another quarter are headed by someone educated in the US – HEPI’S 2023 SOFT-POWER INDEX. [Electronic resource]. – Access mode: https://www.hepi.ac.uk/2023/08/22/over-one-quarter-of-the-worlds-countries-are-headed-by-someone-educated-in-the-uk-and-another-quarter-are-headed-by-someone-educated-in-the-us-hepi-2023-soft-power-index/ (accessed: 20.07.2024).
13. Nye J. S. Soft Power: The Means to Success in World Politics. – Public Affairs, 2004. – 191 p.
14. Womack B. Dancing Alone: A Hard Look at Soft Power // The Asia-Pacific Journal: Japan Focus. N.p. – 2005. – 16 Nov. [Electronic resource]. – Access mode: Dancing Alone: A Hard Look at Soft Power | The Asia-Pacific Journal: Japan Focus (apjjf.org) (date accessed: 20.08.2024).
BOOK REVIEW
YUMASHEV Yuriy Mikhaylovich
Ph.D. in Law, professor, leading researcher of the Institute of State and Law of the Russian Academy of Sciences
REVIEW OF THE MANUSCRIPT OF PH.D. N LAW INSUR ZABIROVICH FARKHUTDINOV: “THE EVOLUTION OF INTERNATIONAL LAW FROM WESTPHAL TO VERSAILLES (1648-1919). MYTHS AND REALITIES.”
Oktay Afandiyev:
«Аqsaqal» on the half century of the history of the Soviet and Russian science of international law
Interview with Oktay Firidun oglu Afandiyev, Ph.D. in Law, professor-consultant of the Azerbaijan State Economic University, member of the Association of the International Law of the Russian Federation since 1967.
EURASIAN INTEGRATION
PAVLOVA Mariya Alexandrovna
lecturer of International and integration law sub-faculty of the Institute of Law and National Security of the Russian Presidential Academy of National Economy and Public Administration under the President of the Russian Federation, Deputy Head of the Department of legal expertise of decisions of the Commission of the Legal Department of the Eurasian Economic Commission
THE YOUTH AGENDA IN THE CONTEXT OF SCIENTIFIC AND EDUCATIONAL INITIATIVES IN THE EURASIAN ECONOMIC UNION
The present study is aimed at considering the issues of scientific and educational initiatives in the Eurasian Economic Union with the participation of young specialists and the formation of the Eurasian scientific and educational cluster of youth.
Aim. To identify the functional significance of the Eurasian Economic Union in terms of the formation and development of the scientific and educational cluster of youth.
Tasks. To analyze the scientific and educational directions operating in the Eurasian Economic Union.
Methods. In this work, using the methods of logical, comparative and predictive analysis, positive trends in the development of education and science, as well as technological development, on which the creation of joint research, production and technological centers in advanced branches of science, technology and technology in the Eurasian Economic Union depends, are revealed.
Results. The study showed that integration is an effective tool for the development of youth potential – young scientists, provided that there are sufficiently effective legal and organizational tools. The Eurasian Economic Union is precisely such a tool, on the platform of which interaction and strategic decision-making are carried out, allowing for the development of scientific, educational and scientific and technological directions.
Conclusion. The Eurasian Economic Union plays a significant role in the modern world, providing its participants with comparative advantages and opportunities for the development of the youth agenda in the context of scientific and educational initiatives. The security of the member States of the Union in the context of strategic cooperation is determined by the state and level of development of education, science and technological development, on which the creation of joint research, production and technological centers in advanced branches of science, technology and technology depends. Scientific, educational, scientific and technological directions have been developing quite intensively in the EAEU over the past few years. Such areas of cooperation have enormous prospects, which have made it possible to establish interstate cooperation, consolidate scientific knowledge, create joint scientific and educational schools, develop new scientific directions, promote academic mobility, exchange of personnel and technologies. Science and education.
Keywords: The Eurasian Economic Union, the Treaty on the Eurasian Economic Union of May 29, 2014, the Eurasian Economic Commission, youth agenda, science, education, scientific and technical Council, Youth Council, strategic directions, the Eurasian Economic Path, academic mobility.
Bibliographic list of articles
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2. Decision of the Supreme Eurasian Economic Council of 11.12.2020 No. 12 “On the Strategic Directions for the Development of Eurasian Economic Integration until 2025” // SPS “ConsultantPlus”.
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5. Official website of the Eurasian Economic Union. – [Electronic resource]. – Access mode: https://eec.eaeunion.org/news/10-09-2020-1/?sphrase_id=252573 (date of access: 08.02.2024).
6. Decision of the Supreme Eurasian Economic Council of 11.12.2020 No. 12 “On the Strategic Directions for the Development of the Eurasianeconomic integration until 2025” // SPS “ConsultantPlus”.
7. Order of the Council of the Eurasian Economic Commission dated April 5, 2021 No. 4 “On the action plan for the implementation of the Strategic Directions for the Development of Eurasian Economic Integration until 2025” // SPS “ConsultantPlus”.
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INTERNATIONAL LAW
ASTAKHOVA Marina Anatoljevna
Ph.D. in Law, associate professor, associate professor of Theoretical and public law sub-faculty of the Tyumen State University
NORM-SETTING OF THE BRICS
The beginning of the 21st century was marked by the emergence of a new subject of international relations – the interstate association of the BRICS. Formation of the BRICS has stimulated its research in various scientific fields: politics, law, economics, international relations. In the legal scientific field, scholars were interested in, inter alia, aspects of the legal basis for the creation and functioning of the BRICS, the peculiarities of the status of the BRICS as a subject of international relations, the prospect of establishing a BRICS human rights court. This study is an attempt of analytical thinking of such a specific aspect of the BRICS functioning as norm-setting. The methodology of the study is based on the analysis of the BRICS acts adopted in the period 2009-2023 through the prism of such criteria as the order of acceptance, subjects of adoption, type of act, nature of the relationships covered, type of prescriptions. As a result of the study, the BRICS norm-setting is defined as a formally unsettled non-binding norm-making process, carried out by both official and unofficial persons representing the BRICS member States. As a scientific perspective, the study of the impact of the BRICS recommendatory acts on the formation and development of national legislation of the BRICS member States is declared.
Keywords: BRICS, norm-setting, interstate association, recommendatory acts, soft law.
Article bibliography
1. Abashidze A.Kh., Solntsev A.M. BRICS – an international quasi-organization? // Updating the process of interaction of the BRICS countries in economics, politics, law: Materials of the scientific seminar. Moscow, October 9, 2012 / Responsible. editor and compiler Belikova K.M. – Moscow: Senate Press, 2012.
2. Anufrieva L.P. BRICS: on the legal nature and principles of cooperation // Actual problems of Russian law. – 2019. – No. 12 (109).
3. Asadov B. R., Gavrilenko V. A., Nemchenko S. B. Theory of multilateral interaction of states on the example of BRICS activities // Actual problems of state and law. – 2021. – No. 20.
4. Astakhova M. A. BRICS scientific cooperation // BRICS Law Journal. – 2020. – Vol. 7. – No. 1.
5. Bevelikova N. M. BRICS: legal features of development // Journal of Russian law. – 2015. – No. 8 (224).
6. Vinogradov A. O., Salitsky A. I. BRICS: On the way to partnership // Prospects. Electronic journal. – 2018. – No. 1 (13).
7. Contipelli E. P., Picciau S. Institutional status of BRICS and pragmatic model of cooperation: on the example of South American countries // Bulletin of international organizations: education, science, new economy. – 2015. – No. 2.
8. Krasnova P. V. Comparative legal analysis of the prospects for creating a Euro-Asian court and a BRICS court on human rights // Scientific notes of young researchers. – 2016. – No. 3.
9. Telegina O. S. International legal aspects of the economic activity of BRICS // Scientific notes of OSU. Series: Humanitarian and social sciences. – 2013. – No. 4.
10. Tumaykina I. I. BRICS group as a new format of multipolar financial and economic architecture // Finance: theory and practice. – 2016. – No. 3.
11. Shcherbina E. M. The role of BRICS in creating a multipolar world // Customs policy of Russia in the Far East. – 2023. – No. 4 (105). accessed: 02.07.2024).
INTERNATIONAL LAW
BUTAKOVA Nadezhda Alexandrovna
Ph.D. in Law, associate professor, Head of State and international law sub-faculty of the St. Petersburg State Marine Technical University
EVGRAFOVA Irina Vladimirovna
Ph.D. in pedagogical sciences, associate professor, Dean of the Faculty of Natural Science and Humanities Education of the St. Petersburg State Marine Technical University
ELISEEV Andrey Igorevich
magister student of the St. Petersburg State Marine Technical University
INSTITUTIONALIZATION OF BRICS IN THE CONTEXT OF THE CONSTRUCTIVIST APPROACH TO THE INTERNATIONAL LAW
The BRICS plays an increasingly important role in the world affairs, attracting more than 30 states as strategic partners and potential members. At the same time, its institutional frames are vague. The article analyzes possible ways of development of the BRICS’ institutional structure in the context of both quantitative and qualitative transformations. The article argues that the law construction of BRICS depends on the organization’s identity, which produces itself basing on certain objective, as well as subjective factors, the objective factor being the structural and idealistic essence of the international legal cooperation, the subjective factor being the civilizational identity narratives of the BRICS members, incorporated into their strategic documents, as well as reflected in the annual summits’ final communiques.
Keywords: BRICS, Global South, multipolarity, international relations theory, institutionalization, constructivism .
Article bibliography
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2. Shkuropatov D., Dzirun I., Petrushina O. Vectors of Development of the Russian Federation as Part of BRICS // International Journal of Humanities and Natural Sciences. 2024. No. 2-3 (89 ). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/vektory-razvitiya-rossiyskoy-federatsii-v-sostave-briks (date of access: 16.08.2024).
3. Abashidze A., Solntsev A., Kiseleva E. Legal Status of BRICS and Some Trends of International Cooperation // Indian Journal of Science and Technology. 2016. Vol 9 (36). DOI: 10.17485/ijst/2016/v9i36/102004
4. Bono M. The Dark Side of the BRICS: the Lack of a Legal Definition // Opinio Juris in Comparatione. Vol. 1. 2023. No. 1. ISSN 2281-5147
5. Bourdieu P. La Distiction: Critique sociale du jugement // Les Éditions de Minuit. 1979. 670 p.
6. Fokina E. Institutionalization of BRICS: From Literature Review to Making Reality. [Electronic resource]. – Access mode: https://russiancouncil.ru/en/analytics-and-comments/columns/around-brics/institutionalization-of-brics-from-literature-review-to-making-reality/?sphrase_id=134950419) ( addressed: 07.28.2024)
7. Habermas J. The Theory of Communicative Action Vol. I: Reason and the Rationalization of Society. Boston: Beacon Press, 1984.
8. Koselleck R. Einleitung // Geschichtliche Grundbegriffe. Historische Lexikon zur politisch-sozialen Sprachen Deutschland / Hrsg. von O. Brunner, W. Conze, R. Koselleck. Bd. 1. Stuttgart, 1972. S. XXIII.
9. Kratochwil F. V. Rules, Norms, and Actions: laying the conceptual foundations. In: Rules, Norms, and Decisions: On the Conditions of Practical and Legal Reasoning in International Relations and Domestic Affairs. Cambridge Studies in International Relations. Cambridge University Press, 1989. pp. 21-44.
10. Nicolaidis K. ‘The power of the Superpowerless’, in T. Lindberg (ed.) Beyond Paradise and Power: Europeans, Americans and the Future of a Troubled Partnership. Routledge, 2004.
11. Papa M. BRICS as a Global Legal Actor: from Regulatory Innovation to BRICS Law?’ in L. Scaffardi, (eds)
12. O’Neill J., The Growth Map. Economic Opportunity in the BRICs and Beyond. Penguin Books, 2011.
13. Scaffardi L. BRICS, a Multi-Centre “Legal Network”? // Beijing Law Review. 2014. Vol. 5. No. 2. Article ID:47127, 9 pages. [Electronic resource]. – Access mode: https://www.scirp.org/html/4-3300253_47127.html (addressed: 07/30/2024).
14. Susen S. Jürgen Habermas: Between Democratic Deliberation and Deliberative Democracy. In: Wodak, R. & Forchtner, B. (Eds.) // The Routledge Handbook of Language and Politics. 2018. pp. 43-66.
15. Wendt A. Social Theory of International Politics. Cambridge University Press. NY, 1999. 429 p.
INTERNATIONAL LAW
IDELBAEVA Gulfiya Ishbuldovna
Ph.D. in Law, associate professor, associate professor of International and integration law sub-faculty of the Institute of Law of the Ufa University of Science and Technology
DEVELOPMENT OF INTERNATIONAL EXPERIENCE ON COUNTERING TERRORISM AND EXTREMISM
This article examines the evolution of international legislation in the field of extremist and terrorist crimes. The threat of terrorist crimes is currently one of the ubiquitous complexities of the global system. The danger of a terrorist act is manifested in its multiplicity of objects, which, asa rule, include people’s lives and health. International assistance in the field of counteraction has its own significant role, since it provides for determining the most effective means of influencing terrorist crimes.
Keywords: crimes of extremist and terrorist nature, international legislation, countering extremism and terrorism.
Article bibliography
1. Ivantsov S. V., Uzembaeva G. I. Counteracting extremist crimes committed using the media or information and telecommunication networks: criminal-legal and criminological aspects: monograph. – Moscow, Yurlitinform, 2018. Series: Criminal law. – 144 p.
2. Ivantsov S. V. Legal problems of control over organized crime: international experience and development prospects // Bulletin of the Voronezh Institute of the Ministry of Internal Affairs of Russia. – 2009. – No. 3. – P. 10-16.
3. Sinyakin I. I. Terrorism with the use of weapons of mass destruction: international legal issues of counteraction. – Moscow: Norma, 2012. – P. 37.
4. Uzembaeva G. I. Extremist crimes committed with the use of mass media or information and telecommunication networks: criminal-legal and criminological characteristics: abstract of a dissertation for the degree of candidate of legal sciences. – Moscow, 2016. – P. 3-4.
INTERNATIONAL LAW
PARAMUZOVA Olga Gennadjevna
Ph.D. in Law, associate professor of International and humanitarian law sub-faculty Northwestern Institute of Management of the Russian Presidential Academy of National Economy and Public Administration, St. Petersburg
ENSURING NUCLEAR SAFETY AS A FACTOR IN INCREASING THE MANAGEABILITY OF THE MODERN INTERSTATE SYSTEM OF INTERNATIONAL RELATIONS
In the conditions of stagnation of international legal regulation of urgent problems of modern international relations, the factor of increasing the authority of the current positive international law, which has its generally recognized international legal framework, the Charter of the United Nations, which is currently in a deep geopolitical crisis, is extremely important. Only by increasing the manageability of international legal regulation will humanity be able to solve the problem of self-preservation. The nuclear threat, which is far from prosaic today, must be eliminated or at least reduced. The relevance of the research consists in the author’s attempt to solve these international legal and, of course, domestic problems, due to the objective statement of the existence of such objective factors of modern geopolitics as: the indivisibility of peace and international security, the interconnectedness and interdependence of national and international security, the impossibility of ensuring global international security by ensuring the national security of individual states, regardless of their political role and potential in the modern conditions of the international legal order. The world is not divisible, nor is international security divisible. The solution to the problem of streamlining international relations is possible only through the effective operation of universal general international law, through which it is possible not only to prevent internationally wrongful activities, but also to bring to international legal responsibility any entity that has violated its international legal obligations. Reducing the threat of self-destruction of mankind as a result of the illegal use of nuclear energy by redirecting it into a military channel can modernize international legal awareness at all its levels and, as an inevitable consequence, revive faith in the authority lost by international law.
Keywords: the authority of international law, international and national security, increasing the manageability of the interstate system of international relations, nuclear non-proliferation, nuclear threat.
Article bibliography
1. Actual problems of international law in modern geopolitical conditions: materials of a scientific conference. – St. Petersburg, 2020.
2. Nuclear non-proliferation: a textbook / [S. V. Wolfson, I. V. Gubareva, L. V. Deriglazova et al.; ed. L. V. Deriglazova]; Vol. state University. – Tomsk: Tomsk University Press, 2017. [Electronic resource]. – Access mode: http://vital.lib.tsu.ru/vital/access/manager/Repository/vtls:000586737.
3. Martens F. F. Modern international law of civilized nations. T. II. – St. Petersburg, 1883 @@ Martens F. F. The Hague Peace Conference. Cultural and historical essay // Bulletin of Europe. – St. Petersburg, 1900. – No. 3.
4. Ivanenko V. S. The enduring significance of the Martens clause, its origins, causes and consequences. A view from Russia // Electronic version of the article on the official website of the International Peace Conference. 08/24/2022. [Electronic resource]. – Access mode: https://www.icrc.org/ru/document/neprehodyashchee-znachenie-ogovorki-martensa-eyo-istoki-prichiny-i-posledstviya-vzglyad-iz.
5. Grotius Hugo. On the Law of War and Peace. Full text with comments. – M., 2023.
6. Kukushkina A. V., Ioyrysh A. I. International humanitarian law and the Martens clause // Law and Right. – 2019. – No. 9. – P. 159-163.
7. Hobbes T. Leviathan, or the Matter, Form and Power of the Ecclesiastical and Civil State. – M., 2020.
8. Joel R. Paul. Comity in International Law // Harvard International Law Journal. – 1991. – Vol. 1, 4. [Electronic resource]. – Access mode: http://books.google.com/ @@ Slaughter A. M. Court to Court // American Journal of International Law. – 1998. – Vol. 92. [Electronic resource]. – Access mode: http://books.google.com/
9. Getman-Pavlova I. V. The concept of “politeness” in the conflict of laws doctrine of Ulrich Huber. Results obtained during the implementation of Project No. 11-01-0052 “Doctrine in the system of sources of international private law”, implemented within the framework of the HSE Scientific Foundation Program in 2012-2-13. [Electronic resource]. – Access mode: https://www.hse.ru/data/2014/09/05/1315965066/Гетман-Павлова.pdf.
10. Pictet J. Development and principles of international humanitarian law (translated from French). – M., 1994. – P. 78.
11. Oskolskaya D. I. Nuclear weapons as a threat to global security at the beginning of the 21st century // Electronic journal “Archon”. – 2018. – Issue No. 2 (5).
12. Komarov P. V. International control in the field of non-proliferation of nuclear weapons. Abstract of the dissertation for the degree of candidate of legal sciences. – St. Petersburg, 2004.
13. Valeev R. M. Control in modern international law. – Kazan, 2003.
14. Paramuzova O. G. Nuclear safety in the context of the modern international legal order. – St. Petersburg, 2006. – P. 50.
15. Some aspects of the formation of a new international legal consciousness International law and international organizations // International Law and International Organizations. – 2023. – No. 4. – P. 46-57.
INTERNATIONAL LAW
SIDOROV Sergey Alexandrovich
Ph.D. in political sciences, Far Eastern Institute (branch) of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Khabarovsk
MAKAROV Vitaliy Viktorovich
student of the 4th course, Far Eastern Institute (branch) of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Khabarovsk
GUZHENKO Evgeniy anovich
student of the 4th course, Far Eastern Institute (branch) of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Khabarovsk
THE LEGAL STATUS OF THE CASPIAN SEA AND THE PROBLEMS OF PROTECTION AND CONSERVATION OF MARINE BIOLOGICAL RESOURCES
In the article, the author examines the legal status of the Caspian Sea , its features and problems of protection and protection of marine biological resources. The author notes that the bottom and subsoil of the Caspian Sea are not legally the continental shelf of the Caspian littoral states. Moreover, they cannot be attributed to the seabed and subsoil of the open sea, since there is no open sea in this basin, as defined in Articles 86 and 87 of the 1982 Convention. The provisions enshrined in the 2018 Convention have significant differences from the 1982 UN Convention on the Law of the Sea. In this regard, it is not possible to apply the norms of the Administrative Code of the Russian Federation, which ultimately affects the effectiveness of work on the protection and protection of aquatic biological resources of the Russian Federation.
Keywords: legal status, convention, aquatic biological resources, poaching, federal state control.
Article bibliography
1. Bekyashev K. A., Bekyashev D. K. New international legal regime of the Caspian Sea // Proceedings of VNIRO. – 2018. – Vol. 174. – P. 131-141.
2. Code of the Russian Federation on Administrative Offenses of November 30, 2020 – Moscow: AST Publishing House, 2022. – 704 p.
3. Convention on the Legal Status of the Caspian Sea of August 12, 2018 [Electronic resource]. – Access mode: http://www.kremlin.ru/supplement/5328 (date of access: 05/21/2024).
4. On the internal sea waters, territorial sea and contiguous zone of the Russian Federation: Federal Law of the Russian Federation of July 31, 1998 No. 155-FZ.
5. On the continental shelf of the Russian Federation: Federal Law of the Russian Federation. Federation of November 30, 1995 No. 187-FZ.
6. On Fishing and Conservation of Aquatic Biological Resources: Federal Law of the Russian Federation of December 20, 2004 No. 166-FZ.
7. On the Exclusive Economic Zone of the Russian Federation: Federal Law of the Russian Federation of December 17, 1998 No. 191-FZ.
8. On Determining Landing Sites for Catches on the Territory of the Republic of DagestanABR obtained (caught) during coastal fishing, fish and other products made from such catches on vessels of the fishing fleet, in live, fresh and chilled form: Resolution of the Government of the Republic of Dagestan dated 31.01.2019 No. 12.
9. Tagiev S. Ch. International legal protection of the Caspian Sea environment / Abstract of Cand. Sci. (Law) Dissertation. – Moscow, 2012. – 38 p.
INTERNATIONAL LAW
LADUTKO Kristina Fuadovna
postgraduate student of the 3rd course in the direction «International Law & European Law” of the Institute of Law and National Security of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation
LEGAL REGULATION OF DIRECT PARTICIPATION IN HOSTILITIES ON THE EXAMPLE OF THE IRAQ WAR (2003-2023)
The article discusses direct participation in hostilities and problems of its regulation on the example of the Iraq War (2003-2023). The article also compares different scientific approaches to the assessment of criteria (in particular, the criterion of harm threshold), which helps to decide if one’s actions can be qualified as direct participation. The author substantiates the necessity of additional legal regulation of the mentioned legal sphere and proposes possible ways of regulation.
Keywords: direct participation in hostilities, Iraq War, armed conflicts, protection of civilians, international humanitarian law.
Article bibliography
1. International Committee of Red Cross. Civilian “direct participation in hostilities”: overview. // ICRC Journal. – 2010. – [Electronic resource]. – Access mode: https://www.icrc.org/en/document/civilian-direct-participation-hostilities (date of access: 20.05.2023).
2. Meltzer, N. International Committee of the Red Cross. Direct participation in hostilities. Guide to the interpretation of the concept in light of international humanitarian law. – Publishing House of the International Committee of the Red Cross, 2009. – 109 p.
3. Kessler, G. The Iraq War and WMDs: An intelligence failure or White House spin? // Washington Post. – 2019. – [Electronic resource]. – Access mode: https://www.washingtonpost.com/politics/2019/03/22/iraq-war-wmds-an-intelligence-failure-or-white-house-spin/ (date of access: 05/21/2024).
4. BBC News. Iraq war illegal, says Annan. 2004. – [Electronic resource]. – Access mode: http://news.bbc.co.uk/2/hi/middle_east/3661134.stm (date of access: 05.21.2024).
5. Schmitt M. N. Deconstructing Direct Participation in Hostilities: the Constitutive Elements // International Law and Politics. – 2010. – Vol. 42. – No. 697. – P. 697-739.
6. Watkin, K. Opportunity Lost: Organized Armed Groups and the ICRC “Direct Participation in the Hostilities” Interpretive Guidance. // New York University Journal of International Law and Politics. – 2010. – No. 42. – P. 641-658.
7. Dinstein, Y. Concluding Observations: The Influence of the Conflict in Iraq on International Law // International Law Studies. – 2010. – Vol. 86. – P. 479-494.
8. Dinstein Y. Distinction and Loss of Civilian Protection in International Armed Conflicts in International Law and Military Operations // US Naval War College International Law Studies. Michael D. Carsten ed. – 2008. – Vol. 84. – P. 180-206.
9. Melzer N. Keeping the Balance Between Military Necessity and Humanity: A Response to Four Critiques of the ICRC’s Interpretive Guidance on the Notion of Direct Participation in Hostilities. – New York University Journal of International Law & Politics, 2010. – R. 831-916.
10. Schmitt M. N. Humanitarian Law and Direct Participation in Hostilities by Private Contractors or Civilian Employees // Chicago Journal of International Law. – 2004. – Vol. 5. – No. 2, Article 11. – P. 511-546.
11. Jensen E. T. Direct Participation in Hostilities in Banks WC (ed). New Battlefields Old Laws: Critical Debates on Asymmetric Warfare. – Columbia University Press New York, 2011. – 320 p.
12. Heaton J. R. Civilians at War: Re-examining the Status of Civilians Accompanying the Armed Forces. – 2005. A F L Rev. – R. 155-208.
13. International Committee of the Red Cross. Yves Sandoz et al., Commentary on the Additional Protocols of 8 June 1977 to the Geneva Conventions of 12 August 1949. 1986. § 1679, § 1844, § 1944, § 4788.
14. International Committee of Red Cross. United Nations General Assembly. – [Electronic resource]. – Access mode: https://www.icrc.org/en/general-assembly (date of access: 20.05.2023).
INTERNATIONAL LAW
RUBIO Ortegon Jennifer
postgraduate student of International law sub-faculty of the Patrice Lumumba Peoples’ Friendship University of Russia
THE ROLE OF THE INTERNATIONAL ORGANIZATIONS AND BODIES IN THE USE OF ECOSYSTEM APPROACH TO PROTECT AMAZON REGION: INTERNATIONAL LEGAL ASPECTS
The preservation of the Amazon region presents a pivotal challenge with profound global ramifications. This paper delves into the essential role of international organizations and bodies in employing the ecosystem approach to safeguard the Amazon region. Through a comprehensive analysis, this paper evaluates the effectiveness of existing international initiatives in leveraging the ecosystem approach to mitigate the myriad threats facing the Amazon, from deforestation to climate change. It examines the challenges of enforcement, coordination, and implementation encountered in harnessing international efforts to protect this critical ecosystem. Furthermore, this paper underscores the interconnectedness of the Amazon region with global environmental dynamics and emphasizes the importance of cooperation action on an international scale. By elucidating the important role of international organizations and bodies in leveraging the ecosystem approach, this paper advocates for enhanced cooperation, innovative strategies, and sustainable development paradigms to ensure the enduring preservation of the Amazon region and mitigate the broader impacts of climate change.
Keywords: Amazon rainforest, international law, International Organization, Amazon Protection Framework.
Bibliographic list of articles
1. Steiner A. (2006). An Introduction to the African Convention on the Conservation of Nature and Natural Resources (No. 56). IUCN
2. Estenssoro Saavedra, J. Fernando. (2007). Antecedentes para una historia del debate político en torno al medio ambiente: la primera socialización de la idea de crisis ambiental (1945-1972). Universum (Talca). – No. 22 (2). – R. 88-107. https://dx.doi.org/10.4067/S0718-23762007000200007.
3. García, Beatriz (2011). The Amazon from an International Perspective. 2016), Pag 131.
4. Solntsev A., Abashidze A., Kiseleva E., Alisievich E., Keburia K., Adu, Ya., … & Ilyashevich. Law of international organizations. Regional, interregional , subregional intergovernmental organizations. Textbook for bachelor’s and master’s degrees. – M.: Litres, 2017.
5. Solntsev A. M., & Otrashevskaya A. M. Escazu as a new stage in the development of mechanisms for the protection of environmental human rights in the region of Latin America and the Caribbean // Journal of Foreign Legislation and Comparative Law. -2020. – No. 6. – R. 146-161.
INTERNATIONAL LAW
SAMOYLOVA Anna Alexandrovna
magister student of International law sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
SIBAGATULLINA Karina Lutfullovna
magister student of International law sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
THE HUMAN RIGHTS DIMENSION OF THE SUSTAINABLE DEVELOPMENT GOALS IN THE PRACTICE OF MUSLIM STATES IN THE FIELD OF PEACEFUL USE OF NUCLEAR ENERGY
The article examines the international legal aspects of the implementation of the Sustainable Development Goals in the context of the protection and promotion of human rights through comprehensive and inclusive access to nuclear energy. It also examines state policies regarding the use of nuclear energy for peaceful purposes and contains an analysis of programs and initiatives within the framework of the IAEA’s work to disseminate information on the peaceful uses of nuclear energy in various fields. The article analyzes the practice of Muslim states in implementing the “peaceful atom ” program.
Keywords: the SDGs, human rights, international law, international protection of human rights, the IAEA, the UN.
Article bibliography
1. African Regional Cooperation Agreement on Research, Development and Training in Nuclear Science and Technology (AFRA). [Electronic resource]. – Access mode: https://www.afra-web.org/ (date of access: 27.04.2024).
2. The Future of Atoms: Artificial Intelligence for Nuclear Applications. [Electronic resource]. – Access mode: https: //www.iaea.org/ru/newscenter/news/budushchee-atomov-iskusstvennyy-intellekt-dlya-yadernyh-primeneniy (date of access: 27.04.2024).
3. Initiative for the Peaceful Uses of Nuclear Energy (IPU) ). [Electronic resource]. – Access mode: https://www.iaea.org/ru/uslugi/klyuchevyye-programmy/chto-predstavlyaet-soboy-iniciativa-v-otnoshenii-mirnogo-ispolzovaniya-yadernoy-energii (date of access: 24.04.2024).
4. International Ocean Acidification Coordination Centre. [Electronic resource]. – Access mode: https://www.iaea.org/services/oa-icc (date of access: 01.05.2024).
5. Nuclear Safety Projects (in English). [Electronic[Electronic resource]. – Access mode: https://www.iaea.org/sites/default/files/21/06/pui_ns_projects_09.06.2021.pdf (date of access: 03.05.2024).
6. Nuclear Energy Projects (in English). [Electronic resource]. – Access mode: https://www.iaea.org/sites/default/files/23/09/01_pui_ne_projects_2023.pdf (date of access: 03.05.2024).
7. Nuclear Applications Projects (in English). [Electronic resource]. – Access mode: https://www.iaea.org/sites/default/files/20/08/pui_na_projects_and_concepts_new.pdf (date of access: 02.05.2024).
8. IMI Projects. [Electronic resource]. – Access mode: https://www.iaea.org/ru/o-nas/initsiativa-mirnogo-ispol-zovaniya/proekty-na-angl-yazyke (date of access: 24.04.2024).
9. Regional technical cooperation projects designated by footnote a/ (in English). [Electronic resource]. – Access mode: https://www.iaea.org/sites/default/files/20/08/pui_na_projects_and_concepts_new.pdf (date of access: 01.05.2024).
10. IAEA Statute [Electronic resource]. – Access mode: https://www.iaea.org/sites/default/files/statute_rus.pdf (date of access: 30.04.2024).
11. Financing of IAEA projects. [Electronic resource]. – Access mode: https://www.iaea.org/ru/o-nas/initsiativa-mirnogo-ispol-zovaniya/finansirovanie (date of access: 30.04.2024).
12. IAEA Director General to visit Iran. [Electronic resource]. – Access mode: https://ria.ru/amp/20240430/magate-1943191766.html (date accessed: 27.04.2024)
13. “We Won’t Retreat ‘One Iota’: Iran President”, Fox News, 14 April 2006. [Electronic resource]. – Access mode: http://www.foxnews.com/story/0,2933,191588,00.ht (accessed: 01.05.24).
14. Agha A.G. Iran’s Pursuit of Peaceful Nuclear Technology // Pakistan Horizon. – 2012. – Vol. 65. No. 1. – P. 35-52
15. Communication dated 12 September 2005, from the Permanent Mission of the Islamic Republic of Iran to the Agency. IAEA Information Circular. [Electronic resource]. – Access mode: http://www.iaea.org/Publications/Documents/Infcircs/2005/infcirc657 (accessed: 01.05.24).
16. The UAE Peaceful Nuclear Energy Program. [Electronic resource]. – Access mode: https://www.enec.gov.ae/doc/the-uae-peaceful-nuclear-energy-program-in-brief-eng-6140373b61a45.pdf (accessed: 02.05.2024).
17. Gareth Smyth Iran’s nuclear program is peaceful // Financial Times. – 2004. [Electronic resource]. – Access mode: http://www.ft.com/intl/cms/s/0/52c8d7b8-027c-lld9-a968 00000e251 lc8.html#axzz lgZsCE (accessed: 05/01/24).
18. Report by the Director-General IAEA, ‘Implementation of the NPT Safeguards Agreement in the Islamic Republic of Iran’, 27 February 2006. [Electronic resource]. – Access mode: http://www.iaea.org/Publications/Documents/Board/2006/gov2006-15.p (accessed: 04/19/24).
19. Harald Muller, “Maintaining Non-nuclear Weapon Status” in Regina Cowan Karp, ed., Security with Nuclear Weapons? Different Perspectives on National Security. – Oxford University Press, 1991. – R. 301-339.
INTERNATIONAL LAW
CHEN Guixin
Ph.D. of International law sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia, assistant of International law sub-faculty of the Institute of Law of the Heilongjiang University (PRC)
TREATY BODIES OF THE RAMSAR CONVENTION ON WETLANDS in 1971
Wetlands, the cradle of biodiversity, are vital for the survival of humankind. Currently, the area and quality of wetlands are declining in most regions of the world. The Ramsar Convention on Wetlands, as an international convention aimed at protecting a single ecosystem, has effectively improved the situation of wetlands worldwide in recent years, and this is closely related to the functioning of the bodies established under the Convention. Within the framework of this article, the author analyzes the activities of these bodies, identifying pros and cons in their activities.
Keywords: the Ramsar Convention on Wetlands; Wetland conservation, Ramsar Convention treaty bodies, the Conference of the Contracting Parties (COP), the Standing Committee, the Secretariat, the Scientific and Technical Review Panel (STRP).
Bibliographic list of articles
1. Kopylov M.N., Solntsev A.M. The Ramsar Convention is 40 years old // Journal of Russian Law. – 2012. – No. 3 (183). – pp. 105-112.
2. Chen G. Analysis of the Outcomes of the 14th Conference of the Parties to the Ramsar Convention on Wetlands (COP14) // Eurasian Law Journal. – 2023. – No. 3 (178). – P. 48-51.
3. Convention on Wetlands. (2021). Global Wetland Outlook: Special Edition 2021. Gland, Switzerland: Secretariat of the Convention on Wetlands.
4. Ramsar Convention on Wetlands. (2018). Global Wetland Outlook: State of the World’s Wetlands and their Services to People. Gland, Switzerland: Ramsar Convention Secretariat.
5. Resosolution 3.3: Establishment of a Standing Committee.
6. Resolution 5.5: Establishment of a Scientific and Technical Review Panel.
7. STRATEGIC PLAN 1997-2002.
8. The 4th Strategic Plan 2016 – 2024.
9. The 4th Strategic Plan 2016 – 2024:2022 update.
10. The Ramsar Strategic Plan 2003-2008.
11. The Ramsar Strategic Plan 2009-2015.
12. Workplan of the Secretariat for 2023-2025.
INTERNATIONAL LAW
SMIRNYKH Sergey Evgenjevich
Ph.D. in Law, General Secretary of the Russian Association of International Law
CHILDREN AND YOUTH AS SUBJECTS OF INTERNATIONAL RELATIONS IN THE DIGITAL ENVIRONMENT
The article deals with the status of children and youth as subjects of international relations in the digital environment. It is noted that the digital environment developed with little participation of states and the world community, relying on the norms that were developed by the subjects dominating in the digital space. In this regard, the improvement of digital technologies leads to the fact that existing international legal instruments and national legislation of states are outdated and do not fully ensure the implementation and protection of the rights of children and young people.
Keywords : rights of children and youth, actors of international relations, digital environment, internet, security, exploitation.
Bibliographic list
1. Malcolm N. Shaw. International Law. – Cambridge: Cambridge University Press, 2008. – 1433 p.
2. Rebecca M.M. & Wallace M.-O., International Law. – London: Sweet & Maxwell. 2013. – 438 p.
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4. Grotius G. On the Law of War and Peace. Book 1: Three Books / Hugo Grotius; Trans. from Latin. A. L. Sacchetti; Introductory article by prof. A. I. Denisov « Hugo Grotius on Law, pp. I-XV; All-Union Institute of Legal Sciences of the Ministry of Justice of the USSR. – M.: Legal Publishing House, 1948. – 200 p.
5. Tyurina N. E. Public interest in international trade law: author’s abstract. diss. … doctor of law. – Kazan, 2016. – 42 p.
6. Harris D. J. Cases and Materials on International Law. – London: Sweet & ; Maxwell, 2004. – Pp. 131-32.
7. Velyaminov G. M. International law: experiments. – M.: Statut, 2015. – 1005 p.
8. Trubetskoy E. N. Encyclopedia of law. – Kyiv, 1906. – 183 p.
9. Fomin A. A. Subjects of law: a textbook. – Penza: Publishing house of Penza state University, 2007. – 156 p.
10. Kamarovsky L. A., Ulyanitsky V. A. International law. – M., 1908. – 276 p.
11. Modzhoryan L. A. Subjects of international law. – M.: Gosyurizdat, 1958. – 91 p.
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13. Dictionary of International Law. – M. “International Relations”, 1982.
14. Ostrovsky Ya. A. International protection of human rights and the principle of non-interference in the internal affairs of states // Soviet yearbook of international law. 1966-1967. Publishing house “NAUKA”. – M., 1968. – P. 72-89.
15. Course of International Law. In Seven Volumes / Editors R. A. Müllerson, G. I. Tunkin. Volume 1. – M., 1989.
16. Ushakov N. A. Problems of the Theory of International Law. – M.: Nauka, 1988. – 191 p.
17. Lukashuk I. I. International Law. Special Part. Textbook. – M.: BEK Publishing House, 1997.
18. Velyaminov G. M. International law: experiments. – M.: Statut, 2015.
19. Course of international law. In 7 volumes. Volume 1. Concept, subject and system of international law / Yu. A. Baskin, N. B. Krylov, D. . B. Levin et al. – M.: Nauka, 1989.
20. Lauterpacht H. International law and Human Rights. – London, 1950.
21. Oppenheim L. International law. T. 1. – M., 1949. – 440 p.
22. Wright Q. The Study of International Relations. – New York, 1955. – Pp. 335-347.
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24. Kachenovsky D. I. Course in International Law. – Kharkov, 1866. Part 1, 1866. – 412 p.
25. Kurdyukov D. G. Individual complaint in the context of the European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 – Voronezh: Voronezh State University, 2001. – 192 p.
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INTERNATIONAL PRIVATE LAW
EGOROV Igor Andreevich
junior researcher of the research laboratory “Center for Comprehensive Study of Regional Security Problems” of the Pskov State University
ODINA Lyudmila Nikolaevna
senior lecturer-methodologist of the Educational department of the Pskov branch of the St. Petersburg University of the FPS of Russia
LEGAL FORMS OF INTERNATIONAL SEA TRANSPORTATION OF GOODS IN MODERN CONDITIONS
The article is devoted to the study of the process of organization and legal regulation of international sea transportation of goods, based on the analysis of the legal means available in this area. The authors analyze the most general trends in the development of the most common legal forms of international sea cargo transportation in modern conditions, taking into account some specific norms of private international law in this area.
Keywords: cross-border trade, maritime communication, maritime transport agreement, charter, bill of lading, freight, basic terms of delivery.
Article bibliography
1. Aleshina A. V. International maritime carriage of goods contract: concept and types // Bulletin of the St. Petersburg Law Academy. – 2015. – No. 1 (26). – P. 46-50.
2. Aleshina A. V., Kosovskaya V. A. The structure of the conflict of laws rule: theoretical and practical aspects // Law in the modern world: issues of theory, history and practice: Collection of scientific articles based on the materials of the International scientific and practical conference of April 26, 2012 – St. Petersburg: RSPU im. A.I. Herzen, 2012. – P. 62-66.
3. Belyaev V. P., Nintsieva T. M. Object and subject of legal regulation: the problem of defining concepts // Bulletin of the legal faculty. SFedU / Southern. Federal University – Rostov n / D, 2020. – Vol. 7. No. 3. – P. 13-20.
4. Bublik V. A. Unification of legal regulation of international sea transportation of goods // Transformation of law in the information society: Materials of the III All-Russian scientific and practical forum of young scientists and students, Yekaterinburg, November 26, 2020. – Yekaterinburg: Federal State Budgetary Educational Institution of Higher Education “Ural State Law University”, 2020. – P. 13-19.
5. Egorov A. No claims filed // Rodina. – 2014. – No. 11. – P. 130-131.
6. Egorov A. M. The Problem of the Evolution of the Principles of International Law and Diplomacy in the Context of the First Pan-European War of 1618-1648 // Actual Problems of International Relations and Diplomacy (1918 – Early XXI Century): Proceedings of the III International Scientific and Practical Conference, Vitebsk, May 17-18, 2018 / Vitebsk State University named after P. M. Masherov. – Vitebsk: Vitebsk State University named after P. M. Masherov, 2018. – P. 12-16.
7. Egorov A. M. Problems of socio-economic development of the population of the British West Indies under colonialism // Russia and the world community: problems of demography, ecology and public health: Collection of articles of the VI International scientific and practical conference, Penza, July 10-11, 2023 / Edited by S. D. Morozov, V. B. Zhiromskaya. – Penza: Penza State Agrarian University, 2023. – P. 87-90.
8. Egorov A. M. The relationship between socio-economic and military-strategic factors in the history of the British West Indies // Innovative approaches to the development of the humanities: problems, trends, prospects: collection of materials of the XXXII international in-person and correspondence scientific and practical conference, Moscow, July 10, 2023. Volume 1. – Moscow: Scientific Publishing Center “Imperia”, 2023. – P. 11-12.
9. Egorov AM Rivalry of the Hanseatic League members for leadership in cross-border trade in the Baltic Sea in the Middle Ages // Eurasian Law Journal. – 2019. – No. 4 (131). – P. 93-94.
10. Egorov AM Cross-border aspects of the political and legal development of the urban republic of medieval Pskov // History of the state and law. – 2013. – No. 1. – P. 12-14.
11. Egorov AM, Egorova VI Financial monitoring in Russia and its relationship with law enforcement // Society. Environment. Development. – 2007. – No. 3 (4). – P. 15-21.
12. Ivanova T. A. Current issues in international cargo transportation // Globalization of science and technology in the context of crisis: Proceedings of the XXIX All-Russian scientific and practical conference. In 2 parts, Rostov-on-Don, March 15, 2021. Volume Part 2. – Rostov-on-Don: Southern University (IUBiP), “VVM Publishing House”, 2021. – Pp. 166-171.
13. Ilyina I. Yu. Legal significance of the bill of lading in the carriage of goods by sea // Law and Right. – 2020. – No. 8. – Pp. 39-46.
14. Marinova D. M. Law applicable to contracts for the international carriage of goods by sea // Scientific works of the North-West Institute of Management. – 2015. – Vol. 6. No. 3 (20). – P. 267-271.
15. Maryashin V. E. Seaworthiness of a vessel as a key condition of a contract for the carriage of goods by sea in tramp service // Gaps in Russian legislation. – 2013. – No. 6. – P. 131-133.
16. Melnik A. A. Collisions in international legal regulation of maritime transport: historical aspect // Law. Society. State. – 2018. – P. 163-165.
17. Ushakov D. V. Legal problems of regulation of maritime transport of goods: author’s abstr. … dis. candidate of legal sciences: 12.00.03 / Moscow academy of economics and law. – M., 2004. – 25 p.
18. Egorov, A. Heroic contribution of Pskov in the protection of the Russian North during the northern wars at the end of XVI – to the beginning of XVIII centuries / A. Egorov // Arctic and North. – 2012. – No. 5. – P. 117-136.
19. Yerezhepkyzy R., Egorov A., Sadvokassov A., Shestak V. Implementing the aarhus convention // European Energy and Environmental Law Review. – 2021. – Vol. 30.No. 4. – P. 120-127.
20. Burmakin V., Dudareva M., Egorov A. [et al.] The cross-impact of corruption and consumer culture // Journal of Financial Crime. – 2021. – DOI 10.1108/JFC-09-2021-0195.
INTERNATIONAL PRIVATE LAW
NOVIKOVA Tatyana Vasiljevna
Ph.D. in Law, associate professor, associate professor of Civil process and international law sub-faculty of the Kuban State University, Krasnodar, doctoral student of Civil law and process and international private law sub-faculty of the Patrice Lumumba Peoples’ Friendship University of Russia
REVISITING THE PARTY AUTONOMY PRINCIPLE PROCLAMATION BY THE LEGISLATION ON PRIVATE INTERNATIONAL LAW (BY THE EXAMPLE OF THE PEOPLE’S REPUBLIC OF CHINA)
The article considers legislative proclamation of the party autonomy principle in Private International Law of China. With regard to form and contents, the author makes substantive analysis of § 3 proposition of the Law of the People’s Republic of China ‘On the Laws applicable to Foreign-Related Civil Relations’ which brings party autonomy to the level of the general conflict of laws principle. As a result of the research, the author substantiates three conclusions: firstly, that the acknowledgment of the party autonomy principle is the consistent response to the parties of civil legal relations of transnational character need in predictable and adequate substantive legal environment; secondly, on the universal trend of progressive development of the party autonomy principle in Conflict of Laws; thirdly, that in the modern world the solution for the conflict of laws issue is ensured not only by conflict of laws rules but also by a markedly different approach – by means of party autonomy, due to decentralization and flexibility.
Keywords: party autonomy, party autonomy principle, choice of law agreement, conflict of laws issue, conflict of laws rule, Conflict of Laws, Private International Law.
Bibliographic list of articles
1. Lunts L. A. International private law: textbook. – M.: Legal Publishing House of the Ministry of Justice of the USSR, 1949. – 368 p.
2. Lunts L. A. Course of International Private Law. General Part. – M.: State Publishing House of Legal Literature, 1959. – 384 p.
3. Tolstykh V. L. International Private Law: Conflict of Laws Regulation. – St. Petersburg: Legal Center Press, 2004. – 526 p.
4. Guangjian Tu. China’s New Conflicts Code: General Issues and Selected Topics // The American Journal of Comparative Law. – 2011. – Volume 59. Issue 2. – P. 563-590.
5. Mo Zhang. Codified Choice of Law in China: Rules, Processes and Theoretical Underpinnings // North Carolina Journal of International Law. – 2011. – Volume 37. Issue 1. – P. 83-157.
6. Qingjiang Kong, Hu Minfei. The Chinese Practice of Private International Law // Melbourne Journal of International Law. – 2002. – Volume 3. – P. 414-435.
7. Qingkun Xu. The Codification of Conflicts Law in China: A Long Way to Go // The American Journal of Comparative Law. – 2017. – Volume 65. Issue 4. – P. 919-962.
8. Zhengxin Huo. An Imperfect Improvement: The New Conflict of Laws Act of the People’s Republic of China // The International and Comparative Law Quarterly. – 2011. – Volume 60. Issue 4. – P. 1065-1093.
9. Zhengxin Huo. Highlights of China’s New Private International Law Act: From the Perspective of Comparative Law // Revue Juridique Thémis. – 2011. – Volume 45. – P. 637-684.
INTERNATIONAL PRIVATE LAW
EGOROV Igor Andreevich
junior researcher of the research laboratory “Center for Comprehensive Study of Regional Security Problems” of the Pskov State University
MATVEEVA Zhanna Viktorovna
lecturer-methodologist of the Educational department of the Pskov branch of the St. Petersburg University of the FPS of Russia
THE PROBLEM OF THE RATIO OF CONVENTIONAL REGIMES OF INTERNATIONAL CARGO TRANSPORTATION IN MARITIME TRAFFIC
The article is devoted to a comparative legal analysis of basic international agreements governing the conditions for the transboundary movement of goods by sea, as well as the legal regimes that form on their basis, within the framework of which the relations between the owner of the cargo and its carrier in sea traffic are streamlined. The authors explore their features as a special object of legal regulation, which gradually becomes more complicated in the course of historical development and becomes more multilateral as new subjects are involved in these relations.
Keywords: convention, carriage by sea, consignor, carrier, consignee, liability, unification.
Article bibliography
1. Akimov N. N. International sea carriage of goods as a complex legal institution // Actual problems of legal, economic and humanitarian sciences: Proceedings of the XII International scientific and practical conferenceconferences of the faculty, postgraduate students, master’s degree students and students. In 3 parts, Minsk, April 21, 2022 / Editorial board: S.I. Romanyuk [et al.]. Volume Part 2. – Minsk: Educational Institution “BIP – University of Law and Social and Information Technologies”, 2022. – Pp. 118-133.
2. Al Ali N.A. R. Applicable law in the contract for the international carriage of goods by sea // Public law problems of transport law: Materials of the Fifth International Transport and Law Forum, Moscow, February 15-16, 2023. – M .: Russian University of Transport, 2023. – Pp. 146-155.
3. Butakova N.A. Rotterdam Rules: analysis and prospects of application // Civil law. – 2013. – No. 3. – P. 43-46.
4. Goryainova D. N. On the issue of the main international conventions regulating the carriage of goods by sea // Innovations. Science. Education. – 2021. – No. 36.
5. Egorov A. No claims filed // Rodina. – 2014. – No. 11. – P. 130-131.
6. Egorov A. M. The relationship between socio-economic and military-strategic factors in the history of the British West Indies // Innovative approaches to the development of the humanities: problems, trends, prospects: collection of materials from the XXXII international in-person and correspondence scientific and practical conference, Moscow, July 10, 2023. Volume 1. – Moscow: Scientific Publishing Center “Empire”, 2023. – P. 11-12.
7. Egorov AM Rivalry of the Hanseatic League members for leadership in cross-border trade in the Baltic Sea in the Middle Ages // Eurasian Law Journal. – 2019. – No. 4 (131). – P. 93-94.
8. Egorov AM Cross-border aspects of the political and legal development of the urban republic of medieval Pskov // History of the state and law. – 2013. – No. 1. – P. 12-14.
9. Egorov AM, Egorova VI Financial monitoring in Russia and its relationship with law enforcement // Society. Environment. Development. – 2007. – No. 3 (4). – P. 15-21.
10. Kalpin A. G. UN Convention on Contracts for the Carriage of Goods Wholly or Partly by Sea (Rotterdam Rules) // Law. Journal of the Higher School of Economics. – 2010. – No. 4. – P. 85-97.
11. Kosovskaya V. A. International Legal Regulation of the Liability of a Maritime Carrier // Russian State Studies. – 2016. – No. 3. – P. 178-184.
12. Kostenko V. P. The Role of Commercial Tonnage during the World War // Projects and Shipyards – History and Fates. – St. Petersburg, 2011. – 89 p.
13. Nesterov M. N. The Problem of Conflict of International Rules for the Carriage of Goods by Sea (The Hague Rules, The Hague-Visby, The Hamburg Rules) // Ocean Management. – 2023. – No. 4 (22). – P.27-34.
14. Selvashchuk A. A. Features of legal regulation of international carriage of goods by sea: system of sources // ExLegis. Legal research. Electronic scientific journal. – 2022. – No. 2. – P.30-33.
15. Strigunova D. P. On conventional regulation of the contract for the international carriage of goods by sea // Jurist. – 2017. – No. 12. – P.17.
16. Berlingieri F. A. Comparative Analysis of Hague-Visby Rules. [Electronic resource]. – Access mode: htpps://www.uncitral.org/pdf/english/workinggroups/wg_3/Berlingieri_paper_comparing_RR_Hamb_HVR.pdf (date accessed: 15.03.2024)
17. Burmakin V., Dudareva M., Egorov A. [et al.] The cross-impact of corruption and consumer culture // Journal of Financial Crime. – 2021. – DOI 10.1108/JFC-09-2021-0195.
LAW OF FOREIGN STATES
SHMELEV Ivan Valerjevich
Ph.D. in Law, senior lecturer of Administrative and financial law sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
THE CONSTITUTIONAL CHARTER FOR THE TRANSITIONAL PERIOD OF 2019 OF THE SUDAN: ASPECTS OF STABILITY AND LEGAL CERTAINTY
5 years have passed since the adoption of the Constitutional Charter in Sudan, which was preceded by many social upheavals. The split in the ruling elite occurred, among other things, due to different views on the governance of the country (civil and military). Constant external pressure (USA) and intervention (EU), including with the aim of obtaining economic benefits and increasing the destabilization of the situation, were serious obstacles to the cohesion of the Sudanese people, the resolution of conflicts and crises that had been brewing for years. How has the state administration of the territory that now makes up two states changed? What are their new goals and objectives? How is the new political and administrative power organized? These and other similar issues are considered by the author in this study. The Institute of Africa of the Russian Academy of Sciences devoted research to this issue, but they were rather aimed at reviewing the political and social processes of the beginning of the transition period of the Charter.
Keywords: Sudan, Charter of the Transitional Period, goals of public administration, armed conflict, legal certainty, emergency government.
Article bibliography
1. Reflecting on the Role of Regional and International Interventions in Resolving the Post-coup Crisis in Sudan – ACCORD. [Electronic resource]. – Access mode: https://www.accord.org.za/conflict-trends/reflecting-on-the-role-of-regional-and-international-interventions-in-resolving-the-post-coup-crisis-in-sudan/
2. Kochanova T. V. Sudan and South Sudan: through dismantling and transformation of power to its evolution // Scientific notes of the Institute of Africa of the Russian Academy of Sciences. 2020. No. 3 (52).
3. [Electronic resource]. – Access mode: https://www.constituteproject.org/constitution/Sudan_2019
4. [Electronic resource]. – Access mode: https://www.presidency.gov.sd/ الصفحة الرئيسة » رئاسة الجمهورية – القصر الجمهوري
5. Sudan Economy – و زارة الإعلام [Electronic resource]. – Access mode: http://mininfo.gov.sd/sudan-economy/?lang=en
6. Ministry of Industry Issues Decision to halt state fees and levies on the industrial sector – وزارة الإعلام [Electronic resource]. – Access mode: http://mininfo.gov.sd/ministry-of-industry-issues-decision-to-halt-state-fees-and-levies-on-the-industrial-sector/?lang=en
7. Options for a transitional government in war-torn Sudan – Sudan Tribune. [Electronic resource]. – Access mode: https://sudantribune.com/article283604.
8. BTI 2024 Sudan Country Report: BTI 2024. [Electronic resource]. – Access mode: https://bti-project.org/en/reports/country-report/SDN
9. “The Doctrine of State Necessity in Pakistan” by Mark M. Stavsky. [Electronic resource]. – Access mode: https://scholarship.law.cornell.edu/cilj/vol16/iss2/2/.
THEORY OF STATE AND LAW
VORONTSOVA Natalya Leonidovna
Ph.D. in Law, associate professor, associate professor of Constitutional and administrative law sub-faculty of the Bashkir academy of public administration and management under the Head of the Republic of Bashkortostan
THEORETICAL AND LEGAL FOUNDATIONS OF EXPERT ACTIVITY IN LAWMAKING
The article examines theoretical and legal aspects of expert activity in the process of lawmaking. The features of expert activity in the legal sphere are formulated. A comparative analysis of approaches to the classification of examinations of regulatory legal acts and their drafts is conducted. Based on the analysis of laws and by-laws regulating expert activity in lawmaking, conclusions are formulated on the state of the legal framework and changes.
Keywords: expertise, expert activity, expert, lawmaking, normative legal act, types of expertise in lawmaking, legal expertise, anti-corruption expertise.
Article bibliography
1. Nesterov A. V. Expertise as a legal science on patterns in expert activity and expert activity // Legal technology. – 2022. – No. 16. – P. 144-147.
2. Sidelnikov Yu. V. Expertology – a new scientific discipline // Automation and telemechanics. – 2000. – No. 2. – P. 107-126.
3. Nesterov A. V. Pragmatic and theoretical problems of expertika. [Electronic resource]. – Access mode: http:// www.hse.ru. (date of access: 22.07.2024).
4. Leontiev D. A. The Great Russian Encyclopedia. Volume 8. – Moscow, 2007. – 618 p.
5. Legal Expertise of Normative Legal Acts: A Textbook / Comp.: Candidate of Law, Associate Professor D. Sh. Pirbudagova, Doctor of Law, Professor Sh. B. Magomedov, Candidate of Law, Associate Professor Z. M. Musalova, Candidate of Law, Associate Professor D. V. Kamilova, Candidate of Law, Associate Professor E. T. Ramazanova, Candidate of Law, Associate Professor S. E. Denikaeva; Ed.: Head of the Department of Constitutional and International Law, Candidate of Law, Associate Professor, Honored Worker of Higher Professional Education of the Russian Federation, Honored Lawyer of the Republic of Dagestan D. Sh. Pirbudagova. 2nd ed., revised and enlarged. – Makhachkala: DSU Publishing House, 2017. – 199 p.
6. Expertise of draft regulatory legal acts. [Electronic resource]. – Access mode: http://sysanalys.ru/index.php/index.php/zakonotvorch/ekspertiza-proektov-npa (accessed: 20.07.2024).
7. Chernogor N. N., Zaloilo M. V. Expertise in lawmaking: problems of legal regulation and issues of its improvement // Legal science and practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2018. – No. 3 (43). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ekspertiza-v-pravotvorchestve-problemy-pravovogo-regulirovaniya-i-voprosy-ego-sovershenstvovaniya (date of access: 07.23.2024).
THEORY OF STATE AND LAW
KALININA Ekaterina Alexandrovna
postgraduate student of the Penza State University, attorney-at-law of the Regional Legal Protection Bar Association of the Chamber of Advocates of the Republic of Mordovia
DEFINITION AND SIGNS OF NORMS-DECLARATIONS
The article considers such type of legal norms as declarative norms or declaration norms. The author analyzes the doctrinal positions regarding the possibility of separating declarative norms into an independent group of legal norms. The content of the declarative norm is determined, on the basis of which a conclusion is drawn about the possible definition of this legal norm. The specific features of a group of declarative norms are revealed, thanks to which they can be distinguished from another type of legal norms.
Keywords: declarative norm, rule of law, norm-declaration, legal regulation.
Article bibliographic list
1. Baitin M.I. Questions of the General Theory of State and Law. Saratov, 2006. P. 101-102.
2. Leist O.E. The Essence of Law. Problems of the Theory and Philosophy of Law. Moscow, 2008. P. 146.
3. Baitin M.I. The essence of law (modern normative law enforcement on the verge of two centuries). Saratov, 2001. Page 182.
4. Parfentiev A. L. On the concept of a legal prescription // Problems of improving Soviet legislation: Works M Publishing House VNIISZ. 1977. Issue 9. Pages 172-173.
5. Kozyubra N. I. Socialist law and public consciousness. Kyiv, 1979. Page 161.
6. Apt L. F. On the elements of the structure of a normative act // Jurisprudence. L., 1973. No. 2. Pages 27-32.
7. Davydova M. L. Normative legal prescriptions in Russian legislation. Volgograd, 2001. P. 13.
8. Alekseev S. S. Collected Works. M., 2010. P. 369.
9. Sumenkov S. Yu. Social norm as a synthesis of rules and exceptions// Collection of materials of the XI scientific and practical conference (with international participation) “Regional features of market socio-economic systems (structures) and their legal support” edited by O. S. Koshevoy. M., 2020. P. 60-66. [Electronic resource]. – Access mode: http://elib.pnzgu.ru/library/1623771264
10. Golunsky S. A. Theory of state and law. M., 1940. S. 104.
11. Baranov AV Constituent norms of law: their legal nature, place and role in the system of Russian law // Modern law. 2016. No. 12. S. 10-15
12. Malko AV, Salomatin AY Theory of state and law. Penza, 2012. S. 161-165.
13. Baranov AV System-defining specialized norms of law in the mechanism of legal regulation // Bulletin of Tomsk State University. 2011. No. 2. S. 6-11.
14. Kozhevnikov VV, Martynenko MV Specialized norms of modern Russian law: legal nature, classification and place in the system of legal norms // Modern law. 2014. No. 4. P. 6.
15. Rybakov V. A. Atypical legal norms // Bulletin of Omsk University. 2013. No. 3. P. 24.
THEORY OF STATE AND LAW
KORNYAKOV Mikhail Viktorovich
Ph.D. in technical sciences, associate professor, Rector of the Irkutsk National Research Technical University
PAKHARUKOV Alexander Anatoljevich
Ph.D. in Law, associate professor, Head of Jurisprudence sub-faculty of the Irkutsk National Research Technical University
THE CONCEPT OF LEGAL REGIME: AN ATTEMPT AT DISCOURSE ANALYSIS
The semantic, etymological and stylistic characteristics of the word “regime” as a lexical unit of the Russian language are considered for the purposes of the grammatical (linguistic) method of interpreting legal norms, as well as for subsequent regulatory use. It has been established that in modern Russian the word “regime” is polysemantic. The main semantic characteristics of the word “regime” have been identified. It is concluded that the word “management” is a common semantic feature around which the elements of the semantic field of the lexical unit “regime” are united. Etymological analysis made it possible to determine an important feature of any regime – the establishment of boundaries, the presence of which makes it possible to achieve certain goals of managerial influence. It is proposed to define the legal regime as a set of rules, norms, measures established to achieve a certain goal using various legal means, methods and modes.
Keywords: theory of law, legal regulation, legal regime, legal remedy, method of regulation, mode of regulation, political system, established order, rules, operating conditions, management.
Article bibliography
1. Alekseev S. S. General permissions and general prohibitions in Soviet law / Ed. L. A. Plekhanov. – Moscow: Legal literature, 1989. – 288 p. – EDN: RKCLEF
2. Belyaeva G. S. On the concept of a legal regime // Administrative and municipal law. – 2014. – No. 3. – P. 272-285. – EDN: RZVSOJ
3. Benveniste E. Dictionary of Indo-European social terms / Translated from French; general editor and introduction by Yu. S. Stepanova. – Moscow: Progress-University, 1995. – 456 p.
4. Large universal dictionary of the Russian language: about 30,000 most commonly used words / Ed. V. V. Morkovkin. – Moscow: Dictionaries of the XXI century: AST-PRESS SCHOOL, 2016. – 1456 p. – (Fundamental dictionaries) (Program “Dictionaries of the XXI century”).
5. Large dictionary of law / Ed. by A. Ya. Sukharev, V. Ye. Krutskikh. – 2nd ed., revised and enlarged. – Moscow: INFRA-M, 2003. – 703 p. – (INFRA-M dictionary library). – EDN: QVQNYT
6. Gorlenko V. A. Legal regulation regime (theoretical and applied aspect): author’s abstract. dis. … candidate of legal sciences: 12.00.01. – St. Petersburg, 2002. – 28 p.
7. Efremova T. F. New dictionary of the Russian language. Explanatory and word-formation: in 2 volumes. – Moscow: Rus. lang., 2000. – V. 2: P – Ya. – 1084 p.
8. Kozhevnikov S. N. State and Law: A Brief Dictionary of Terms and Explanations on Jurisprudence. – Nizhny Novgorod: VGAVT, 2009. – 338 p. – EDN: QRIHXD
9. Kornev V. N. Law as a Linguistic Phenomenon // State and Law. – 2018. – No. 6. – P. 5-12. – EDN: URPVGC
10. Petrov A. A. The Term “Legal Regime” as Part of the Title of a Scientific Article: Between a “Chimera” and a Metaphor // Eurasian Law Journal. – 2016. – No. 5. – P. 90-92. – EDN: WDHPLL
11. Legal regimes: current general theoretical and constitutional-legal problems: monograph / Ed. by N. A. Frolova, V. Yu. Panchenko. – Krasnoyarsk: Siberian Federal University, 2016. – 272 p. – EDN: VWMPFT
12. Explanatory dictionary of the Russian language / Ed. by D. V. Dmitriev. – Moscow: Astrel, 2003. – 989 p.
13. Explanatory dictionary of the Russian language: in 4 volumes / Ed. by D. N. Ushakov. – Moscow: Astrel: AST, 2000. – T. 3: P – Ryashka. – 1424 p.
14. Uskova T. V. Discourse analysis as a method for studying English-language legal texts // Bulletin of Moscow State Linguistic University. Humanities. – 2018. – No. 17. – P. 171-182. – EDN: FSLYEP
15. Fasmer M. Etymological dictionary of the Russian language: in 4 volumes / Transl. from Germ. and add. O. N. Trubacheva. – 3rd ed., reprinted. – Moscow: Publishing center “Terra”, 1996. – V. 3: (Muza-Syat). – 830 p.
16. Cherdantsev A. F. Logical and linguistic phenomena in jurisprudence: monograph. – Moscow: NORMA: INFRA-M, 2012. – 320 p. – EDN: QSKLDB
17. Chernykh P. Ya. Historical and Etymological Dictionary of the Modern Russian Language: in 2 volumes. – 5th ed., reprinted. – Moscow: Rus. lang., 2002. – Vol. 2: Pantsir – yaschur. – 559 p.
18. Legal Encyclopedia / Under the general editorship of B. N. Topornin. – Moscow: Yurist, 2001. – 1267 p.
THEORY OF STATE AND LAW
LARINBAEVA Ilmira Ishmurzovna
Ph.D. in Law, Associate Professor of the Institute of Law of the Ufa University of Science and Technology.
LEGAL RESPONSIBILITY IN THE STRUCTURE OF LEGAL BEHAVIOR AND SOCIAL RESPONSIBILITY
The article actualizes the problems of correlation between the concepts of legal behavior, legal and social responsibility. It is discussed that responsible social behavior necessarily entails responsible legal behavior. According to the author, the issues of lawful behavior must be resolved in direct unity with the issues of social responsibility of the individual. The main thesis here is that legal behavior can be assessed from both a moral and a legal point of view. The article proves the need for a broad understanding of legal responsibility, which serves as a measure of legal behavior. Responsible legal behavior is certainly part of the legitimate, but not the other way around. Lawful behavior may be irresponsible, but within the framework of the law, for example, an abuse of law. This species has not yet received sufficient scientific development. In the context of building a rule-of-law state, the problem requires further study. Legal responsibility is a part of social responsibility, and, in turn, broader in relation to legal responsibility.
Keywords: social responsibility, public relations, legal behavior, lawful behavior, legal responsibility, legal responsibility, instinct, interdisciplinarity.
Article bibliography
1. Larinbaeva I. I. Legal capacity of citizens: some theoretical-legal and moral-ethical aspects // Bulletin of the Institute of Law of the Bashkir State University. – 2020. – No. 3 (7). – P. 7-13.
2. Galiev F. Kh., Sakhautdinova I. V. Development of ideas about the essence of civil society: history and modernity // Legal state: theory and practice. – 2021. – No. 15 (58). – P. 13-20.
3. Vasiliev A. V., Larinbaeva I. I. Conflictogenic Factors of the Local Self-Government System in Russia // Eurasian Law Journal. – 2019. – No. 10 (137). – P. 119-121.
4. Bondarenko Yu. V., Larinbaeva I. I. Genesis and Development of the Institute of Servitude in the History of Russian Legislation // Law and State: Theory and Practice. – 2023. – No. 12 (228). – P. 63-67.
5. Lenin V. I. Philosophical Notebooks. Complete Collected Works. Vol. 29. – M., Politizdat, 1969. – P. 314.
6. Simonov P. V. Consciousness, Subconsciousness, Superconsciousness // Science and Life. – 1975. – No. 12. – P. 45-51.
THEORY OF STATEVA AND RIGHTS
NEYASKIN Dmitriy Sergeevich
lecturer of Theory of state and law sub-faculty, Deputy Head of the Legal Clinic of the Saratov State Law Academy
EXCEPTIONAL NORM AND EXCEPTIONAL CASE: ASPECTS OF THE RELATIONSHIP
The article analyzes aspects of the relationship between the exceptional rule of law and the term “exceptional case”. The analysis of the issues of identification and differentiation of these legal phenomena is considered in relation to the correlation of their main qualities, features and characteristics. The points of contact of these phenomena in terms of the use of technical and legal instruments of the legislator, as well as the implementation of an extraordinary situation and exception in law in legal reality with their help are identified. It is summarized that the exceptional rule and the exceptional case are related as content and form.
Keywords: exceptional rule of law, exception rule, rule of law, exceptional case, term, extraordinary situation.
Article bibliography
1. Kryukova E. A. Language and style of legislative acts: abstract of dis. … candidate of legal sciences. – M., 2003. – P. 14.
2. Vlasenko, N. A. Language of Law. – M., 2022. – P. 47.
3. Sumenkov S. Yu. Exceptions in Law: Theoretical and Instrumental Analysis. – M., 2016. – 372 p.
4. Sumenkov S. Yu. Exceptions in law: general theoretical analysis: author’s abstract. diss. … Doctor of Law. – Saratov, 2016. – P. 20.
5. Repyev A. G. Special preferential and exclusive legal norms in the context of digitalization of the economy and the provision of online services to society // Jurist-Pravoved. – 2020. – No. 1 (92 ). – P. 32.
6. Plakhtiy N. A. Exceptional case in the legal regime of exceptions // Bulletin of the Saratov State Law Academy. – 2023. – No. 2 (151). – P. 60-66.
7. Baydarova M.A. Mechanism for implementing exceptions in law: theoretical and practical aspects: author’s abstract. diss. … candidate of legal sciences. – Saratov, 2020. – P. 10.
8. Neyaskin D. S. Exceptional norms as a special type of special norms // Bulletin of the Saratov State Law Academy. – 2017. – No. 6 (119). – P. 64- 68.
9. Bordakova A. G. Exceptional norms in Russian law: general theoretical study: author’s abstract. dis. … candidate of legal sciences – Kazan, 2023. – P. 9.
10. Plakhtiy N. A. Exceptional case in Russian law: theoretical and practical aspects: author’s abstract. diss. … candidate of legal sciences. – Saratov, 2023. – P. 10.
11. Sumenkov S. Yu. Special and exceptional norms as a component of special legal status: features of the relationship and forms of objectification // Nomothetika: Philosophy. Sociology. Law. – 2022. – No. 47 (2). – P. 336.
12. Romanovsky V. G. Extraordinary situation: concept, legal regime, regulatory features // Science. Society. State. – 2021. – No. 1 (33). – P. . 60-61.
13. Ozhegov S. I., Shvedova N. Yu. Explanatory Dictionary of the Russian Language. – M., 1999. – P. 908.
14. Plakhtiy N. A. An exceptional case in paradigm of definition: doctrine and practice // Prologue: journal on law. – 2023. – No. 1 (37). – P. 13.
15. Baidarova M. A. The mechanism for implementing exceptions in law: theoretical and practical aspects: diss. … candidate of legal sciences – Saratov, 2020. – P. 62.
16. Derevnin A. A. Special norms in Russian law // Academic Law Journal. – 2002. – No. 1. – P. 13.
17. Derevnin A. A. Exceptional norms in law // Modern problems of lawmaking and law enforcement: collection of scientific papers. – M.; Irkutsk, 2007. – Issue. 4. – pp. 10-17.
THEORY OF STATE AND LAW
PETROVA Tatyana Vyacheslavovna
Ph.D. in Law, associate professor of Theory of state and law sub-faculty of the O. E. Kutafin Moscow State Law University (MSAL), Attorney-at-Law
THE ROLE OF THE ADVOCATE IN FORMATION AND ENFORCING LEGAL VALUES
The purpose of the research is to substantiate the formation of legal values in the process of advocacy, as well as the role of advocate in ensuring their compliance without prioritizing any of their legal values. The peculiarity of the advocate’s activity is inextricably linked to ensuring the rights, freedoms, interests of citizens, the presence of high moral foundations, compliance with the requirements of ethical behavior. In the research the author comes to the conclusion that within the framework of consideration of cases in court there is a process of both transformation of legal values enshrined in the norms of law, and the joint development of new ones, and this process involves not only lawyers and other participants in the process, but primarily judges.
Keywords: advocate, advocacy, legal values, justice, legal activity.
Article bibliographic list
1. Information of the Constitutional Court of the Russian Federation “Methodological aspects of constitutional control (to the 30th anniversary of the ConstitutionConstitutional Court of the Russian Federation), approved by the decision of the Constitutional Court of the Russian Federation dated 10/19/2021. [Electronic resource]. – Access mode: http://www.ksrf.ru/ (date of access: 08/01/2024).
2. Kopkareva S. I. Features of the formation of legal values of student youth: sociological analysis: author’s abstract. dis. … candidate of sociology. sciences. – Ekaterinburg, 2008. – 17 p.
3. Mishutin E. I. On the need to apply the axiological approach in civil procedural law // Russian Law Journal. – 2011. – No. 6. – P. 150-155.
4. Pushkarev S. A. The concept of legal values and the methodology of their study // Philosophy of Law. – 2008. – No. 2. – P. 84-90.
5. Ryzhkov R. A. Judicial discretion in resolving civil cases in civil and arbitration proceedings // Arbitration and civil procedure. – 2008. – No. 6. – P.10-12.
6. Sergeeva S. L. Axiology of legal activity in legal proceedings // Historical and legal problems: a new perspective. – 2016. – No. 16. – P. 118-127.
7. Khabrieva T. Ya. Paradigms of constitutional reform // Journal of foreign legislation and comparative law. – 2015. – No. 5. – P. 820-830.
THEORY OF STATE AND LAW
KOROLEVA Ekaterina Sergeevna
postgraduate student, lecturer of Theory of state and law sub-faculty of the Saratov State Law Academy
EVOLUTION OF THE CONCEPT OF HARM IN THE LEGAL SYSTEMS OF FOREIGN AND RUSSIAN LEGISLATION
The article analyzes changes in the understanding of harm in the legal systems of Russian and foreign legislation. The author explores how the concept of harm has become broader and more complex over time, reflecting changes in societal values and needs. It is established that the term in question has been analyzed by jurists since ancient times, based on the principles of justice and compensation. It is noted that in the 20th-21st centuries the concept is evolving and new classifications are emerging. As a result, it is concluded that the definition of harm in legal systems is constantly evolving and adapting to modern challenges and needs of society, and this is important for ensuring justice and protecting the rights of citizens.
Keywords: harm, Talion principle, non-material harm, compensation for harm.
Article bibliographic list
1. Belyatskin S. A. Compensation for moral (non-property) damage. – St. Petersburg. 1913. – P. 13.
2. Bespalko V. G. The principle of talion in the Mosaic criminal legislation // Bulletin of the Kostroma State University named after N. A. Nekrasov. – 2016. – No. 2. – P. 277-280.
3. Bulatova D. I., Kakhramanova E. M., Mikhnevich A. V. Intangible damage caused to legal entities // International Journal of Humanities and Natural Sciences. – 2020. – Vol. 4-2 (43). – P. 132.
4. Vilnova V. A. Correlation between the category of damage and the offense // Law and state: theory and practice. – 2022. – No. 9. – P.20-21.
5. Monastyrsky Yu. E. Losses and intangible damage // Bulletin of civil law. – 2019. – No. 2. Access from the SPS “ConsultantPlus”.
THEORY OF STATE AND LAW
RUSSKAYA Angelika Andreevna
postgraduate student of the Amur State University, Blagoveshchensk
ON THE FORMS OF LEGAL MONITORING: A MODERN APPROACH
This article examines legal monitoring through the lens of systematization of its forms. Special attention is given to the issue of the relationship between the concepts of “form” and “type” of legal monitoring. Based on the findings of the research, the author proposes a classification of the forms of legal monitoring according to criteria such as purposes, stages of legal norms’ action, subject composition, and normative expression. Drawing upon this analysis, the author concludes that various forms of monitoring – predictive, legislative, and law enforcement – are closely interrelated within the Russian legal system.
Keywords: legal monitoring, legislation, law enforcement , prediction, form, type.
Article bibliographic list
1. Zheldybina T. A. On the importance of monitoring as an independent legal institution // Actual problems of Russian law. – 2016. – No. 1 . – P. 34-41.
2. Russkaya A. A., Butenko T. P. Concept and essence of monitoring legislation and law enforcement as an independent legal institution // Postgraduate student. – 2022. – No. 3. – P. 39-42.
3. Chernova E. R., Yamshchikova S. L. Monitoring of legislation and law enforcement practice as an innovative institution of the legal system // Agrarian and land law. – 2021. – No. 9. – P. 47-62.
4. Senin I. N. On the issue of the relationship between the categories of “type” and “form” in the theory of state and law // Law and state: theory and practice. – 2021 . – No. 8. – P. 38-40.
5. Tsoloev T.S., Bogatyrev A.Z., Tlupov A.V. On the issue of forms of legal monitoring of legislation in the Russian Federation // Education and Law. – 2022. – No. 3. – P. 65-68.
6. Belyakova A. V. Legal monitoring in the Russian Federation at the present stage // Monitoring of law enforcement. – 2022. – No. 1. – P. 49-50 .
7. Vereshchak S. B., Marinin S. A. Controversial issues of legislative regulation and definition of the concept of “legal monitoring” // Oeconomia et Jus. – 2022. – No. 1. – P. 67-76.
8. Chernykh I. I. Legal forecasting in the sphere of civil proceedings in the context of development of information technologies // Actual problems of Russian law. – 2019. – No. 6. – P. 58-72.
9. Aklamova A. A., Kapitsyna D. V. Monitoring as a type of legal control // Theories of Politics, Economics and Management. – 2012. – P. 13-26.
10. Negrobov V. L. Monitoring legislation as a basis for regional policy // Legal policy and legal life. – 2007. – No. 4. – P. 202-206.
11. Yakubenko K. Yu. Monitoring of legislation in the Russian Federation: trends and development prospects // Education and Law. – 2019. – No. 12. – P. 11-17.
HISTORY OF STATE AND LAW
ARSENJEVA Galina Vitaljevna
associate professor of Theory and history of state and law sub-faculty of the V. N. Tatishchev Astrakhan State University
KHRAMOVA Irina Sergeevna
associate professor of Civil Law and legal regulation of innovation activity sub-faculty of the V. N. Tatishchev Astrakhan State University
THE HISTORY OF SOCIAL INSURANCE IN RUSSIA (REVIEW OF SOVIET AND POST-SOVIET LEGISLATION
The article is devoted to the history of social insurance in Russia, and presents an overview of the relevant normative legal acts of the Soviet and post-Soviet periods of state development. The authors emphasize that the history of social legislation goes beyond the Soviet period and begins in the early twentieth century in the Russian Empire. The legislation of the Soviet and post-Soviet periods is represented by a number of legislative acts aimed at regulating social insurance, reflecting the progressive development of the socio-legal institution under study. It was established that social insurance was an element of the social protection system, the most important legal form of material security for the working population of the country. Social insurance has made it possible to provide a certain level of protection for citizens.
Keywords: social insurance, history of social legislation, insured persons, insurance premiums, disability, maternity care, job loss, loss of breadwinner, social insurance reform.
Article bibliography
1. Constitution of the Russian Federation (adopted by popular vote) of December 12, 1993 (with amendments approved during the all-Russian vote on July 1, 2020) // Rossiyskaya Gazeta dated 04.07.2020 – No. 144.
2. Astanina L. V. History of the formation of national institutions of social insurance in Soviet Russia // Agrarian and land legislation. – 2018. – No. 7. – WITH.118.
3. Blagodir A. L. Relations on compulsory social insurance in the subject of labor law: history and current state // Journal of Russian law. – 2018. – No. 7. – P. 76.
4. Egorova Z. A., Vasilyeva E. V. Social insurance as a compulsory type of insurance in the Russian Federation. In the collection: Economic growth: problems, patterns, prospects. – 2017. – P. 95.
5. The supremely approved law “On providing workers in case of illness” of June 23, 1912 approved by the State Council and the State Duma // Collection of laws. – 1912. – Section 1. – Art. 1229.
6. Decree of the Council of People’s Commissars of the RSFSR of November 15, 1921 “On Social Insurance of Persons Engaged in Hired Labor” // SU RSFSR. – 1921. – No. 76. – Art. 627.
7. Decree of the Council of People’s Commissars of the RSFSR of December 21, 1921 “On Social Security in Case of Temporary Disability and Childbirth”. [Electronic resource]. – Access mode: https://docs.historyrussia.org/ru/nodes/350775 (date accessed: 11.07.2024).
8. Labor Code of November 9, 1922 // Collection of Laws of the RSFSR. – 1922. – No. 70. – Art. 70.
9. Fundamentals of the legislation of the USSR and the Union republics on labor of 1970 from 15.07.1970 No. 2- VIII // Vedomosti of the Supreme Council of the USSR. – 1970. – No. 29. – Art. 265.
10. Labor Code of the RSFSR from 09.12.1971 // Vedomosti of the Supreme Council of the RSFSR. – 1971. – No. 50. – Art. 1007.
11. Resolution of the Supreme Council of the RSFSR from 22.12.1990 No. 442-1 “On the organization of the Pension Fund of the RSFSR” // Vedomosti SND and the Supreme Council of the RSFSR. – 1990. – No. 30. – Art. 415.
12. Law “On State Pensions in the RSFSR” dated 03.04.1992 No. 2654-1 // Vedomosti SNDF RF i VS RF. – 23.04.1992. – No. 17. – Art. 895.
13. Resolution of the Council of Ministers of the RSFSR and the Federation of Independent Trade Unions of the RSFSR No. 600/9-3 “On improving the management and procedure for financing expenses for social insurance of workers of the RSFSR”. [Electronic resource]. – Access mode: https://base.garant.ru/181105/ (date accessed: 11.07.2024).
14. Law of the Russian Federation “On Medical Insurance of Citizens” dated 28.06.1991 No. 1499-1 // Vedomosti SNDF i VS RSFSR. – 1991. – No. 27. – Art. 920.
15. Law of the Russian Federation “On Employment of the Population in the Russian Federation” dated 19.04.1991 No. 1032-1 // Collection of Legislation of the Russian Federation. – 1996. – No. 17. – Art. 1915.
HISTORY OF STATE AND LAW
BISYARINA Alina Narisovna
Head of the Editorial and Publishing Department of the Ufa Law Institute of the MIA of Russia, Lieutenant Colonel of Police
COUNTERING TRAFFICKING IN MINORS IN THE SOVIET STATE (HISTORICAL AND LEGAL ASPECT)
The author examines the development of Soviet legislation on combating trafficking in minors. It is noted that during the Soviet period, the existence of a crime in the form of trafficking in persons, including minors, was not recognized on the territory of the state. The prevailing ideological attitudes could not allow the existence of such a social evil in the country as human trafficking (as well as a number of other problems, for example, prostitution), to which Western countries were more susceptible. At the same time, the development of the Soviet legislative framework in the interests of minors and mechanisms for its implementation, including with the involvement of the public, de facto contributed to countering trafficking in minors in the country.
Keywords: minors, trafficking in minors, development of legislation, countering trafficking in minors, legislation to combat trafficking in minors.
Article bibliography
1. Denisenko V. V. Crisis of Law: History and Modernity: Collective Monograph / Under the general editorship of V. V. Denisenko, M. A. Belyaev, E. N. Tonkov. – St. Petersburg: Aleteya, 2018. – 515 p.
2. Dubrovina A. N. Investigation of abductions and substitution of children: lecture / Edited by Professor V. P. Lavrov. – M., 1988. – 51 p.
3. Isaev M. M. Criminal Code of June 1, 1922 // Soviet law. – M., 1922. – No. 2. – P. 17-28.
4. Koshcheev A. V. Divorce under Soviet law // Bulletin of the Vyatka State University. – 2010. – No. 4. – P. 75-79.
5. Krasheninnikov P. V. Passions for Law: Essays on the Law of War Communism and Soviet Law. 1917-1938. – M.: Statut, 2018. – 331 p.
6. Mulukaev R. S. On the issue of historical experience of population participation in the protection of public order // Proceedings of the Academy of Management of the Ministry of Internal Affairs of Russia. – 2014. – No. 4 (32). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/k-voprosu-ob-istoricheskom-opyte-uchastiya-naseleniya-v-ohrane-obschestvennogo-poryadka (date of access: 18.07.2023).
7. Nigmatullin R. V. Cooperation of states in the fight against crimes of an international nature in the 20th century and the beginning of the 21st century (historical and legal aspect): monograph. – M .: Publishing group “Yurist”, 2006 .– 336 p.
8. Nigmatullin R. V. The fight against child homelessness in Russia in the first decades of Soviet power // Ishistory of the state and law. – 2024. – No. 9. – P. 53-60.
9. Nurkaeva T. N. Personal (civil) rights and freedoms of a person and their protection by criminal-legal means: issues of theory and practice. – St. Petersburg: Legal center press, 2003. – 254 p.
10. Stepanenko R. F. Social significance of the Criminal Code of the RSFSR of 1922: historical, legal and humanitarian aspects // Bulletin of the Peoples’ Friendship University of Russia. Series: Legal Sciences. – 2022. – V. 26. No. 4. – P. 877-889.
11. Tadevosyan V. S. On criminal liability for crimes against children // Soviet state and law. – M., 1940. – No. 8-9. – P. 151-163.
12. Torkunov A. Studying the Great Russian Revolution // Bulletin of MGIMO-University. – 2017. – No. 3 (54). – P. 7-15. – [Electronic resource]. – Access mode: https://doi.org/10.24833/2071-8160-2017-3-54-7-15 (date of access: 10.08.2023).
13. Shiryaev V. N. Criminal Code of the RSFSR as amended in 1926 // Law and Life. – M., 1927. – Book 4. – P. 51-59.
14. Yakovlev V. F. Theoretical issues of development of family law // Issues of state and law of developed socialist society: theses of republican scientific conference of September 24-26, 1975 / Ministry of Higher and Secondary Specialized Education of the Ukrainian SSR; Kharkov Law Institute. – Kharkov, 1975. – P. 97-98.
HISTORY OF STATE AND LAW
BUTENKO Anna Konstantinovna
Ph.D. in philosophical sciences, associate professor of Theory and history of law and state sub-faculty of the Barnaul Law Institute of the MIA of Russia
IDEAS OF THE RULE OF LAW IN THE WORKS OF RUSSIAN PHILOSOPHERS OF THE 19TH CENTURY
The article is devoted to the analysis of the theories of the rule of law in the works of Russian philosophers, representatives of public thought, jurists and public figures. The article analyzes the theory of the rule of law in the works of representatives of two branches of philosophical thought: religious-philosophical and philosophical-legal. The issues related to the time of the origin of the ideas of building a rule of law in Russia, the genesis of the theory of the rule of law in Russia are considered.
Keywords: the rule of law, the law, the separation of powers, the principle of equality, natural law, positive law, the church, religious philosophy, state power, the common good, the Constitution.
Article bibliography
1. Volgin O. S. Vladimir Solovyov on the meaning of the rule of law // Philosophical sciences. – 2015. – No. 8. – P. 7-20.
2. Kunitsyn A. P. Natural law. – M.: LKI, 2020. – 162 p.
3. Laiter A. V. Philosophical foundations of the theory of the rule of law in Russia // Scientific research – 2016. – No. 7. – P. 19-21.
4. Novgorodtsev P. L. On the social ideal [collection]. – M.: Press, 1991. – 638 p.
5. Pestel P. I. Russian Truth or the Reserved State Charter of the Great Russian People serving as a Testament for the Improvement of the State Structure of Russia and Containing the True Order both for the People and for the Provisional Supreme Government. [Electronic resource]. – Access mode: https://www.degruyter.com/document/doi/10.1515/9783598440540.129/ (date accessed: 05.08.2024).
6. Frolova E. A. The rule of law as a philosophical and theoretical problem and a way of organizing power // Theoretical and historical legal sciences. – 2023. – No. 2. – P. 14-23.
7. Chicherin B. N. General state law. – M.: ZERTSALO, 2014. – 505 p.
HISTORY OF THE STATE AND LAW
VOLK-LEONOVICH Stanislav Olegovich
Ph.D. in Law, associate professor of Theory and history of state and law sub-faculty of the Nizhny Novgorod Academy of the MIA of Russia
THE CONTRIBUTION OF SCIENTISTS FROM THE FACULTY OF LAW OF THE IMPERIAL MOSCOW UNIVERSITY TO THE FORMATION OF HISTORICAL AND LEGAL SCIENCE IN THE FIRST HALF OF THE 19TH CENTURY
The article aims to draw attention to the names of scientists from the Imperial Moscow University, who laid the foundation for historical and legal research, which today is an example of conscientious and fundamental research in the history of law. The subject of this article is to highlight the development at the Imperial Moscow University of scientific research by professors, one way or another related to the history of law. In addition, the author touches on works on practical law and works on the history of Roman law and private Roman law. Based on the results of the analysis, the author comes to the conclusion that historical and legal science inevitably grows out of those contradictions and needs of society and the state, which are determined by the development of the productive forces of society and those social forms that prevail in the period under review. Thus, Russian legal science in the first half ofthe XIX century, represented by the scientists we have considered, created the necessary conditions for the emergence of the science of the history of law, the theory of law, enriching legal science with a new arsenal of methods, in particular, retrospective analysis, periodization, creating illustrative examples of the study of individual legal institutions, demonstrating a general outline of the development of law in Russia and European countries.
Keywords: historical and legal science, Roman law, legal institutions, research in the history of law.
Article bibliographic list
1. Vasiliev I. V. Reasoning about the laws of the Russian state, issued from its foundation to the present time, with an indication of the reasons for the periodic changes of these laws and the gradual formation in which they are now. – M., 1823. – 93 p.
2. Goryushkin Z. A. Guide to understanding Russian legal art. – M., 1811. – 391 p.
3. Dyakonov M. A. From the materials on the history of the Dorpat (now Yuryev) University. Two notes of prof. I. G. Neiman, 1902. – 20 p.
4. Emelyanova I. A. Historical and legal science of Russia in the 19th century. – Kazan, 1988. – 155 p.
5. Zipunnikova N. V., Kodan S. V., Zakharov V. V. “To study jurisprudence as a legal art” essays on the history of legal education in Russia, (late 17th century – 20th century). – Kursk, 2008. – 160 p.
6. Karamzin N. M. Note on ancient and new Russia in its political and civil relations. – M., 1991. – 110 p.
7. Kodan S. V. Legal policy of the Russian state in the 1800-1850s: figures, ideas, institutions: author’s abstract. dis. … doctor of law: 12.00.01. – M., 2004. 60 p.
8. Kozhevina M. A., Yashchuk T. F. Evolution of the science of the history of law and state in Russia (XVIII-XX centuries). – M., 2023 @@ Formation and development of domestic legal science in the VIII-XIX centuries. – Omsk, 2013. – 576 p.
9. Krylov N. I. On the historical significance of Roman law in the field of legal sciences. – M., 1838. – 66 p.
10. Moroshkin F. L. On possession according to the principles of Russian legislation. – M., 1837. – 246 p.
11. Moroshkin F. L. On the gradual formation of legislation. – M., 1832. – 163 p.
12. Samarin Yu. Two words about nationality in science // Russian conversation. – 1856. – No. 1. – 492 p.
13. Pakhman S. V. History of the codification of civil law. Volumes I-II. – St. Petersburg, Printing house of the II department of His Imperial Majesty’s Chancellery, 1876. – 472 p. (Volume 1), 485 p. (Volume 2).
14. Pletnev P. On nationality in literature. // Journal of the Ministry of Public Education. – 1834. – No. 1. – 750 p.
15. Complete collection of laws of the Russian Empire. Collection 2. – St. Petersburg, 1836. – Vol. 10, section 1. No. 8337. – Pp. 841-855.
16. Complete Collection of Laws of the Russian Empire. – Vol. VI. – No. 3908. – St. Petersburg, 1830.
17. Savigny F.K. von. The System of Modern Roman Law. – Vol. I. – Moscow, 2011. – 512 p.
18. Speransky M.M. Review of Historical Information about the Code of Laws. – 2nd ed. – 1837. – 63 p.
19. Tomsinov V.A. History of Russian Jurisprudence. X-XVII centuries. 2nd edition, revised and supplemented. – M., 2020. – 212 p.
20. Tomsinov V. A. Legal education and jurisprudence in Russia in the 18th century. – M., 2010. – 2nd edition: 2012. – 215 p.
21. Tomsinov V. A. Legal education and jurisprudence in Russia in the first third of the 19th century. – M., 2011. – 280 p.
22. Tomsinov V. A. Legal education and jurisprudence in Russia in the second third of the 19th century. M., 2010. 2nd edition: M., 2015. 336 p.
23. Tomsinov V. A. Legal education and jurisprudence in Russia in the era of the “great reforms” (60s – early 80s of the XIX century). – M., 2013. – 300 p.
24. Decrees of the sovereign emperor Alexander the First, autocrat of all Russia: issued in 1804. – M., 1805. – P. 119.
25. Shevyrev S. P. History of Moscow University, written for its centenary by ordinary professor of Russian literature and pedagogy Stepan Shevyrev. – M., 1855.
26. Korkunov N. M. History of the philosophy of law. – St. Petersburg, 1898. – P. 311 @@ Feldstein G. S. Main trends in the history of criminal law science in Russia. – Yaroslavl, 1909. – P. 357-359.
27. Memories of I. M. Snigirev // Russian archive. Historical and literary collection. – 1866. – Issues 1-6. – M., 1866. – P. 760.
28. Reitz A. M. Experience of the history of Russian state and civil laws: trans. from German / works by prof. Alexander Reitz. – M., 1836.
29. Tsvetaev L. A. Outline of the theory of laws. – M., 1816.
HISTORY OF THE STATE AND LAW
NEDZELYUK Tatyana Gennadjevna
Ph.D. in historical sciences, leading researcher of Regional studies of Russia, national and state-confessional relations sub-faculty of the Altai State University, Barnaul; professor of Theory and history of state and law sub-faculty of the Siberian Institute of Management – Branch of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation
THE LEGAL STATUS OF THE BUKHTARMA VALLEY DISSENTERS IN THE MATERIALS OF THE OMSK REGIONAL BOARD OF THE MINISTRY OF FOREIGN AFFAIRS
This publication is another in a series of analytical materials prepared by us on the coverage of the activities of state bodies of the Russian Empire in the context of regulating state-confessional relations in the Trans-Ural region. The research was based on the materials of the Omsk Regional Board of the Ministry of Foreign Affairs. The specifics of the legal status of the Old Believers who moved to the mountainous region of the southern Altai and therefore received the nickname “Masons” were determined by the decree of Empress Catherine II dated September 15, 1791. Since the mid-1830s, a new wave of persecution of Old Believers began, circular orders from the Office of the Ministry of Internal Affairs were distributed to all provinces and regions of the empire, one of the recipients was the border Bukhtarma region. Realizing the importance of the mission of the Old Believers who settled on the border line to form a “buffer zone” between Russia and the Qing Empire, the government, represented by the State Council and the Ministry of Internal Affairs, nevertheless actually leveled the privileged status granted to Bukhtarma schismatics by Catherine II.
Keywords: Western Siberia, Omsk Regional Government, Ministry of Internal Affairs of the Russian Empire, Bukhtarma, legal status of dissenters.
Bibliographic list of articles
1. Central State Archives of the Republic of Kazakhstan (CSA RK). Collection 338: Omsk Regional Administration of the Ministry of Foreign Affairs (1821–1838). – Op. 1. – D. 7, 8, 10, 14, 19, 22, 23, 24, 28, 29, 32, 43, 45, 48, 51, 275, 5283.
2. Guryanova N. N. Canon sacred texts among the Old Believers and the organization of religious life of communities // Bulletin of the Novosibirsk State University. Series: History, Philology. – 2023. – Vol. 22. No. 8. – P. 20-31.
3. Ilyin V. N. Missionary activity of the Tomsk Diocesan Anti-Schismatic Brotherhood of St. Dmitry, Metropolitan of Rostov, in the fight against the Old Believers // Religion in the history of the peoples of Russia and Central Asia. – Barnaul: Altai State University Publishing House, 2014. – P. 228-231.
4. Kupriyanova I. V. Traditionalism of the Old Believers against the Apostasy of Westernization // Religious Studies. – 2013. – No. 3. – P. 37-42.
5. Nedzelyuk T. G. Sources for the study of state-confessional and international policy in the Steppe Governorate-General (based on materials from the Central State Archives of the Republic of Kazakhstan) // Peoples and religions of Eurasia. – 2023. – No. 2 (26). – P. 174-183.
6. Pokrovsky N. N., Zolnikova N. D. Development of Siberia and Old Believers // ECO. – 2011. – No. 2 (440). – P. 168-184.
7. Starukhin N. A. Neo-regional conflict and controversy around prayer for “heterodox” tsars in the Belokrinitsky agreement (1800-1900s) // Bulletin of the Novosibirsk State University. Series: History, philology. – 2010. – V. 9. № 1. – P. 255–259.
HISTORY OF THE STATE AND LAW
PANAYOTOV Vitalin Nedelchev
graduate of Sofia University «St. Kliment Ohridski», specialty «Law» and the Faculty of Philosophy of the same university, specialty «Psychology». Author of the monograph «Lawyer & Art – Introduction to the sociology of lawyer’s practice»
ARITHMETIC OF PARLIAMENTARISM ON THE EVE OF ABDICATION
The Bulgarian Tsar Ferdinand of Saxe-Coburg and Gotha and the Russian autocrat Nicholas II abdicate their thrones in similar circumstances. In Imperial Russia, abdication was followed by a general amnesty, the arbitrariness of crime, the abolition of the constitutional monarchy, and civil war. In the Principality of Bulgaria, a similar event provoked a truce, parliamentary elections, and a democratic change of government. From the author’s point of view, these differences are predetermined not so much by the will of the reigning personages, as by agreements and rearrangements between representatives of parliamentary, executive and military powers. These successful events are taking place in close cooperation and in full coordination with the representatives of the so-called great powers – Great Britain, France, United States of America (USA), Germany and Austria-Hungary. In the text, they are marked with the familiar symbols of the classical Belot: W & E vs N& S; N (Germany; Austria-Hungary), S (Bulgaria, Turkey), N & S (Central Powers); W (Britain, France, USA), E (Russia); W & E (Entente).
Keywords: historical, everyday, legal realities, constitutional monarchy, Parliamentary Agreement, executive and military powers, constitution, renunciation, usurpation.
Article bibliographic list
1. Christopher Clark. Lunatic, how Europe got into Paircotton wool light war. – Ed. Era, Sofia 2015 / The sleepwalkers Copyright, 2012. Christopher Clark. – P. 13-49; With. 223, para. 2, isr. prev. and last; With. 116-153.
2. Basil Lydall Hart. History on Parvata Svetovna war. – Trud Publishing House, 2014 / B. H. Liddell Hart, History of the First World War, Cassell and Co Itd 1970/, p. 424, para. 3 – p. 245, para. 3; With. 448, para. 2. – P. 450, para. 3; With. 429, para. 4, sentence 1, 2, 3; With. 430, para. 2, sentence 3.4.
3. Dr. Alexander Mirkov. Ferdinand I of the government turned, predi and abdikira. – Publishing house “Sega”, ed. 132 (5898), Saturday and Sunday June 10-11, 2017
4. Robart Gervart. Win for the sake of Pervata, the war of the world will never happen (1917-1923). – Ed. East-West, Sofia 2018 / The vanquisked Wy the First World War Failed to End, 1917-1923, Robert Gerwarth, p. 108, para. 3, sentence last – P. 110, para. 3; With. 139, para. 3; With. 147, paragraphs 2,3.
5. Felix Yusupov. Memoirs. – P. 220, paragraph 6, paragraph 8; P. 160, paragraph 3; P. 209, paragraph 2; paragraph 3 .
HISTORY OF THE STATE AND LAW
SAIDOVA Marina Zagidovna
Ph.D. in historical sciences, associate professor, Head of General history sub-faculty of the Dagestan State Pedagogical University, Makhachkala
MODERN AUTHORS ON BANDITRY AS A FACTOR OF DESTABILIZATION OF THE POLITICAL SITUATION IN THE USSR IN THE 20S-50S
In this article, an attempt is made, on the basis of publications of the last decades, to conduct a short digression into the history of the development of banditry on the territory of the USSR in the 20-50s. Moreover, due to the “closeness of this topic”, during the 1930-80s there was a lack of research that dealt with issues of criminal organized crime. Historians and lawyers of this period were forced to work within a rigid command and administrative system that controlled not only their lives, but also their minds. And only in recent decades, dozens of scientific publications have appeared, thanks to which it is possible to compile an objective picture of Soviet reality and judge all the tragedy of the period under consideration.
Keywords: banditry, organized crime, transformation, USSR, gangs, criminal law regulation.
Article bibliography
1. Amirov R. Z. The fight against banditry as one of the areas of activity of the Red Army to ensure internal security of the RSFSR in 1921-1922 // Gaps in Russian legislation. Legal journal. – 2016. – No. 2. – P. 56-61.
2. Historical experience of participation of bodies and troops of the NKVD – MGB – MVD of the USSR in protection of public order and ensuring public safety (1939-1960). – M., 2019. – 120 p.
3. Maksimov P. V. Banditry as a subject of scientific and legal research in Soviet Russia in the 1920s // Bulletin of the Russian University of Cooperation. – 2016. – No. 4. ( 26). – P.116-120.
4. Matskevich I. M. Legends and myths of the criminal world: criminological portraits of famous criminals. – M., 2005. – 416 p.
5. NKVD-MVD USSR in the fight against banditry and the armed nationalist underground in Western Ukraine, Western Belarus and the Baltics (1939-1956). Collection of documents / Ed. Yu. N. Morukov. – M., 2008. – 640 p.
6. Popova A. D. Legends about the “Black Cat” gang as a reflection of the phenomenon of criminal myths in the Russian public consciousness // The latest history of Russia. – 2019. – No. 1. – P. 32-44.
7. Saidova M. Z., Pogosov G. N. Deterioration of the crime situation in the USSR in the post-war years / Proceedings of the scientific session of the faculty of DGPU “Science and education: status, problems and development prospects » May 20-21, 2021 – Makhachkala, 2021. – P. 346-348.
8. Taimasov R. N. Legal regulation of the fight against banditry in the Soviet state 1917-1958: historical and legal research: abstract diss. … for the degree of Cand. of Law. – M., 2011. – 36 p.
9. Torshilova O. A. Internal Affairs Agencies in the Fight Against Banditry During the Great Patriotic War // Oikumena. – 2010. – № 2. – P. 88-96.
10. Titov Yu. P. Reader on the history of the state and law of Russia. – M., 1998. – 480 p.
11. Kharzinova V. M. Criminal- Legal regulation of banditry: history and modernity. // Gaps in Russian legislation. – 2018. – No. 3. – P. 90-92.
HISTORY OF STATE AND LAW
SALNIKOVA Anastasiya Alexandrovna
adjunct of the Faculty of Training of Scientific, Pedagogical and Scientific Personnel of the V. Ya. Kikot Moscow University of the MIA of Russia
ON MEASURES TO STRENGTHEN PUBLIC ORDER IN CERTAIN ECONOMIC SECTORS OF THE RUSSIAN EMPIRE IN THE XIX CENTURY
The article analyzes the issue of the bodies that protected public order and public safety in a number of economic sectors of the Russian Empire before the establishment at the factory and plant police. The subdivisions of the mining and port police are singled out. The role of the village constable as the main position of the protection of public order and public safety has been revealed.
Keywords: village constable, the factory and plant police, working class, mountain police, harbor police, public safety, public order, the Russian Empire of the XIX century.
Article bibliography
1. Belozertsev S. M. Directions of activity of the mining police at the beginning of the XX century. in pre-revolutionary Russia (on the example of the Irkutsk and Amur Governorates General // Bulletin of Altai State University. Historical Sciences and Archeology. 2020. Issue No. 3 (113). Pp. 20-24.
2. Matienko T. L. History of Detective Service in Russia. Study Guide. 2nd, revised and additional ed. Moscow: Moscow University of the Ministry of Internal Affairs of Russia named after V. Ya. Kikot, 2019. 182 p.
3. Nevsky S. A. Establishment of Factory Police in the Russian Empire // Economic and Humanitarian Studies of Regions. 2015. Issue No. 5. Pp. 119-126.
4. Regulation on Port Police in the Military Ports of the Empire and Instructions on the Duties of Port Police Officials: [Approved June 3, 1894 g.]. Revel: type. V. Ehrenpreis, 1913. 16 p.
5. RGIA. F. 565, Op. 15. D. 1241. Pp. 12-17
6. RGIA. F. 1149 Op. 11 1894 D. 75. Pp. 20-25.
7. RGIA. F. 1149 Op.12 1895 D. 119. 6 p.
8. RGIA. F. 1162 Op. 1 OGE 1902 D. 4. Pp. 51-52.
9. RGIA. F. 1286 Op. 40 D. 26. Pp. 1, 108.
10. RGIA. F. 759 Op. 35 D. 36. P. 4-5.
11. RGIA. F. 1149 Op. 12 1895 D. 120. P. 6-14.
HISTORY OF STATE AND LAW
SILANTJEVA Viktoriya Alexandrovna
Ph.D. in historical sciences, associate professor of Theory and History of law and state sub-faculty of the Faculty of Law of the N. I. Lobachevsky Nizhni Novgorod National Research State University
FEDYUSHKINA Arina Igorevna
Ph.D. in Law, associate professor of Theory and History of law and state sub-faculty of the Faculty of Law of the N. I. Lobachevsky Nizhni Novgorod National Research State University
REMUNERATION OF ASSISTANT ATTORNEYS IN PRE-REVOLUTIONARY RUSSIA: LEGISLATION AND PRACTICE
The article is devoted to the analysis of legislation and law enforcement practice on the remuneration of assistant attorneys in the Russian Empire after the judicial reform of 1864. The authors examine the rules on the procedure for determining the amount and features of payment of fees. Special attention is paid to the analysis of the practice of councils of attorneys, which shows the imperfection of the post-reform legislation. The authors conclude that the legal community sought to establish high requirements for the qualifications and moral character of its members, preventing abuse by attorneys of the right to freely determine the amount of remuneration.
Keywords: judicial reform, attorneys, advocacy, fees.
Article bibliography
1. Koni A. F. Moral principles in criminal proceedings. Selected works / A. F. Koni. – Moscow: Publishing house Yurait, 2024. – 152 p. – (Anthology of thought). – Text: electronic // Educational platform Yurait. [Electronic resource]. – Access mode: https://urait.ru/bcode/538688 (date of access: 04/30/2024).
2. The Supremely approved Institution of judicial institutions of November 20, 1864 / PSZ RI. – 1864. – Vol. 39. Part 2. – No. 41475. – Art. 354-355.
3. Personal decree, announced to the Senate by the Minister of Justice “On the procedure for drawing up conditions for the remuneration of sworn attorneys for their petitions in cases” dated April 18, 1866 // PSZRI. – Coll. 2. – Vol. 41. Part 1. – Art. 43203.
4. Supremely approved opinion of the State Council on the draft rate of remuneration of sworn attorneys dated July 3, 1868 / PSZ RI. – Coll. 2. – Vol. 43. – Separ. 2. – No. 46077
5. Shakhrai S. M., Krakovsky K. P. Court is fast, fair, merciful and equal for all: On the 150th anniversary of the Judicial reform in Russia. – M., 2014.
6. Arsenyev K. K. Notes on the Russian Bar. Review of the activities of the St. Petersburg Council of Sworn Attorneys for 1866-1874 – St. Petersburg, 1875.
7. Knyazeva E. G. Development of the Russian Bar in the pre-revolutionary period // News of universities. North Caucasian region. Social sciences. – 2004. – No. 3. – P. 71-74.
8. Markov A. N. Rules of the legal profession in Russia. Experience of systematization of resolutions of councils of sworn attorneys on issues of professional ethics. – M., 1913.
9. Ilyina T. N. The concept of “advocacy” in pre-revolutionary Russia: semantic and legal features // Historical and legal problems: New perspective. – 2012. – No. 5. – P. 142-159.
10. Troitsky I. A. Luminaries of the Russian advocacy. – M.: Centerpoligraf, 2006.
CONSTITUTIONAL LAW
ALIEVA Zulfiya Ibragimovna
Ph.D. in Law, associate professor of Constitutional and international law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
JAVADOV Zamir Rasimovich
magister student of Constitutional and international law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
THE EVOLUTION OF THE PARLIAMENTARY SYSTEM IN RUSSIA: FROM THE STATE DUMA TO THE FEDERAL ASSEMBLY
The article analyzes the evolution of the parliamentary system in Russia , starting with the creation of the first State Duma in 1905 and ending with the modern Federal Assembly. The article briefly examines the historical stages of parliamentarism development, changes in the structure and functions of parliament in different periods of Russian history, as well as modern challenges and prospects for the development of legislative power in Russia. Parliamentarism in Russia has gone through a difficult path of development, accompanied by numerous reforms, revolutions and political transformations. From the moment the first State Duma appeared to the formation of the modern Federal Assembly, the parliamentary system of Russia has undergone significant changes. The purpose of this article is to trace the main stages of the development of the parliamentary system in Russia, identify the key features of each period and analyze their impact on the modern Russian political system. Parliamentary activity has been carried out in Russia for almost a hundred years, which undoubtedly gives us the opportunity to objectively assess the characteristic features of popular representation in Russia at certain historical moments, taking into account, in fact, Russian realities and approaches. > Keywords: parliamentarism, Soviet power, communist party, State Duma, State Council.
Article bibliographic list
1. Alieva Z. I. Administrative-judicial subdivisions in the structure of the State Council 1906-1917: (historical and legal research), abstract of a dissertation for the degree of candidate of legal sciences (12.00.01). – P. 43.
2. Golovastova Yu. A., Vidova T. A. Change in the form of government in Russia during the first Russian revolution: prerequisites, essence, consequences // Humanities, socio-economic and social sciences. – 2019. – No. 7. – P. 76-79.
3. Manzhukova O. A. History of Russian parliamentarism / O. A. Manzhukova. // Young scientist. – 2019. – No. 11 (249). – P. 76-78.
4. Mityaeva Yu. V. Parliamentarism in Russia: foundations, stages of formation, modernity // Elections: theory and practice. – 2021. – No. 2 (56). – P. 29-31 .
5. Trushina A. V. Representative character of the upper house of the Russian parliament // Power. – 2011. – No. 4. – P. 80-81.
6. Shulzhenko Yu. L. Research of problems of parliamentarism in the Soviet period // Proceedings of the Institute of State and Law of the Russian Academy of Sciences. – 2017. – T. 12. – No. 2.
CONSTITUTIONAL LAW
MAKAROV Valentin Alexandrovich
postgraduate student of Constitutional and administrative law sub-faculty of the Faculty of Law of the St. Petersburg State University of Economics
THE ROLE OF CONSTITUTIONAL IDENTITY IN THE DEVELOPMENT OF THE LEGAL EVOLUTION OF THE CONSTITUTION OF THE RUSSIAN FEDERATION
Purpose: the main objective of this study is to identify the role of constitutional identity in the development of the legal evolution of the Constitution of Russia. Conducting an analysis of various points of view on the influence of constitutional identity, an attempt to develop the author’s own view of this article on the relationship and development of the basic law through its perception by civil society and citizens of Russia as a whole.
Methods: the methodological basis of the scientific research was made up of general scientific and specific scientific research methods, special attention was paid to the method of analysis and synthesis, since the study involves studying the role of constitutional identity in the development of the basic law. For the most effective application, the methods were used in combination.
Conclusions: constitutional identity and the legal evolution of the basic law are inseparable terms, since they cannot exist without interconnection. Understanding constitutional identity as a historically emerging self-identification of Russia precisely as a state, the foundations of which come from the text of the provisions of the Constitution, the norms and principles arising from the Constitution, since it is she who should express the originality of the constitutional legal order. Constitutional identity is connected with legal evolution and through spiritual and moral aspects, namely the reflection of traditional values in the texts of articles, after the amendments made, allows us to conclude that constitutional identity, in addition to internal existential perception, also has spiritual significance for every person and citizen living in Russia.
Keywords: constitutional identity, constitution, legal evolution, constitutional legal order, legal implementation.
Article bibliography
1. Aranovsky K. V. Constitutional tradition in the Russian environment: monograph. – St. Petersburg: Legal Center Press, 2003.
2. Blokhin P. D. Judicial doctrine of constitutional identity: genesis, problems, prospects // Comparative constitutional review. – 2018. – No. 6 (127). – P. 62-81.
3. Vasilyeva T. A. The principle of respect for the national identity of the EU member states: problems of interpretation // Constitutional and municipal law. – 2017. – No. 6. – P. 9-12.
4. Gadzhiev G. A. Constitutional identity and human rights in Russia // Law and state: cultural dimension: Int. scientific-practical. conf., December 1, 2017 – St. Petersburg: SPbGUP, 2017. – Pp. 19-28.
5. Gracheva S. A. Development of the concept of constitutional identity in connection with the search for approaches to resolving conventional-constitutional collisions and conflicts // Journal of Russian Law. – 2018. – No. 9. – P. 59.
6. Zorkin V. D. Constitutional identity of Russia: doctrine and practice (report at the international conference in the Constitutional Court of the Russian Federation “St. Petersburg, May 16, 2017”) // Actual problems of the theory and practice of constitutional proceedings. – 2017. – No. 12 – P. 7-30.
7. Zorkin V. D. Letter and Spirit of the Constitution // Rossiyskaya Gazeta. – 2018. – October 9.
8. Zorkin V. D. The Essence of Law // News of Higher Educational Institutions. Jurisprudence. – 2017. – No. 3 (332).
9. Zorkin V. D. Constitutional Identity of Russia: Doctrine and Practice // Journal of Constitutional Justice. – 2017. – No. 4 (58). – P. 1-12.
10. Zorkin V. D. Russia and Strasbourg. Problems of Implementing the Convention on Human Rights // Rossiyskaya Gazeta. Federal Issue. – No. 6809 (238). – 2015.
11. Karpenko K. V. Constitutional originality as an expansion of the subject of constitutional law // Development of Russian law: new contexts and search for solutions to problems. 3rd Moscow Legal Forum. X International scientific and practical conference (Kutafin readings): conf. materials: in 4 parts. – M.: Prospect, 2016. – Part 1. – P. 271-277.
12. Lukyanova E. A. Identity and transformation of modern law // Comparative constitutional review. – 2020. – No. 3 (136). – P. 133.
13. Podolyan D. A. Formation of the doctrine of constitutional identity // North Caucasian legal bulletin. – 2017. – No. 4. – P. 94-100.
CONSTITUTIONAL LAW
MISHINA Elena Vyacheslavovna
Ph.D. in Law, associate professor, Head of State and legal disciplines sub-faculty of the V. B. Bobkov St. Petersburg branch of the Russian Customs Academy
ON THE ISSUE OF THE SPECIFICS OF THE FORMATION OF DOMESTIC CONSTITUTIONAL LEGISLATION (ON THE 100TH ANNIVERSARY OF THE FIRST CONSTITUTION OF THE USSR IN 1924)
The article examines certain aspects of the process of national state building, the peculiarities of the formation and evolution of domestic constitutional legislation. The article analyzes the role and significance of the first Constitution of the USSR in 1924 for the further formation of the constitutional basis in the context of the continuity of the designated state-legal trends, constitutional principles and ideals. Paying attention to the events of a century ago, certain comparative legal analogies are drawn, and the conclusion is formulated that a number of the identified issues are still relevant and topical. In the course of the research, the author emphasizes the uniqueness of the process of domestic constitutional construction.
Keywords: Constitution, the Basic Law of the country, continuity, state policy, national state building, constitutional and legal ideas and principles.
Article bibliographic list
1. Pashentsev D. A. History of state and law of Russia: a course of lectures. – M.: Eksmo, 2010. – 448 p.
2. Kotlyarevsky S.A. USSR and Union Republics. 2nd ed., rev. – M., L.: State Publishing House, 1926. – 141 p.
3. Lenin V. I. On the Formation of the USSR. Complete Collected Works. Vol. 45. – M.: Politizdat, 1975. – 729 p.
4. Kalinin M. I. Articles and Speeches. – Vol. 1. – M., L.: State Publishing House, 1926. – 379 p.
5. Baranovsky E. I. Formation of the USSR – the Triumph of Lenin’s National Policy. – Minsk: “Znanie”, 1982. – 94 p.
6. Yakubovskaya S. I. From the History of the Development of the First Constitution of the USSR // Source Studies of Domestic History: A Collection of Articles. – M.: USSR Academy of Sciences, USSR Institute of History, 1975. – P. 327-338.
7. Romanovskaya V. B. Repressive organs in Soviet Russia. – N. Novgorod: NVZRKU PVO, 1996. – 278 p.
8. Stuchka P. I. Selected works on Marxist-Leninist theory of law / Comp.: Klyava G. Ya. – Riga: Latvian state publishing house, 1964. – 748 p.
9. Mishina E. V. Implementation of the principle of revolutionary expediency and revolutionary legality in Soviet constitutional legislation (on the 100th anniversary of the Constitution of the RSFSR of 1918) // Bulletin of the St. Petersburg Law Academy. – 2018. – No. 3 (40). – P. 20-25.
10. Boer V. M., Gorodinets F. M., Grigonis E. P., et al. The rule of law: reality, dreams, future / Under the general editorship of Salnikov V. P. 2nd ed., revised. – St. Petersburg: St. Petersburg University of the Ministry of Internal Affairs of Russia. Aleteya Publishing House, 1999. – 256 p.
11. Bezyazychny A. I. Historical Experience of Constitutional Construction of the Soviet State: Dis. … Cand. of History: 07.00.02. – M.: Mosk. Ped. State University, 2005. – 207 p.
12. Kukushkin Yu. S., Chistyakov O. I. Essay on the History of the Soviet Constitution. – M.: Politizdat, 1987. – 363 p.
13. Ratkovsky I. S., Khodyakov M. V. History of Soviet Russia. – St. Petersburg: Lan Publishing House, 2001. – 414 p.
14. Shershneva E. A. Creation of the USSR Constitution of 1936: Dis. … Cand. of Law. sciences: 12.00.01. – M.: Moscow state University named after M. V. Lomonosov, 2011. – 231 p.
15. Lenin V. I. Complete Works. Publ. 5. Vol. 23. – M.: Publishing house of political literature, 1973. – 621 p.
16. Medushevsky A. N. Constitution of 1924: how and where were the reasons for the collapse of the USSR laid? Part 1 // Historical perspective. – 2015. – No. 1 (104). – pp. 117-129.
CONSTITUTIONAL LAW
NOVIKOVA Anna Ivanovna
postgraduate student of Prof. I. E. Farber and Prof. V. T. Kabyshev Constitutional law sub-faculty of the Saratov State Law Academy
BASIC GUARANTEES OF PARTICIPATION OF CITIZENS IN THE ADMINISTRATION OF JUSTICE IN RUSSIA, BELARUS AND KAZAKHSTAN
The article considers the guarantees of participation of citizens in the administration of justice in the Russian Federation, the Republic of Belarus and the Republic of Kazakhstan. The classification of guarantees in relation to the topic of the study is proposed and the conditions for their proper implementation are considered. The author substantiates the need to improve the legal regulation of substantive, organizational and procedural guarantees depending on the form of participation of citizens in the administration of justice.
Keywords: guarantees, administration of justice, judicial system, judge, jury.
Article bibliography
1. Ebzeev B. S. Personality and the state in Russia: mutual responsibility and constitutional duties. Moscow, 2007. 383 p.
2. Grevtsov Yu. I. Direct action of the Constitution? // Journal of Russian Law. 1998. No. 6. P. 92-97.
3. Avakyan S. A. Constitutional law of Russia. Study course (study guide in two volumes, volume one; seventh edition, revised and enlarged). M.: Norma: INFRA-M, 2021. 507 p.
4. Nysanbaev N. A. Judicial protection of human rights in the Republic of Kazakhstan Abstract of dis. … for candidate of legal sciences, Specialist. 12.00.11; [D. A. Kunaev University. Department of criminal law disciplines]. Almaty, 2001. 30 p.
5. Bibilo V. N. Judicial system: Textbook. Minsk: Publishing house “Law and Economics”, 2001. 328 p.
6. Vasilevich G. A. On the issue of the legality of the composition of the court // Criminal justice in the light of the integration of legal systems and the internationalization of criminal threats: collection of scientific works, dedicated to the 90th anniversary of Dr. of Law. sciences prof. I. I. Martinovich. Minsk: Publishing center of BSU, 2017. P. 11-15.
7. Gravina A. A., Kashepov V. P., Syrykh V. M. Effectiveness of legislation on jury trial // Effectiveness of the law. Methodology and specific studies. M., 1997. P. 91-112.
CONSTITUTIONAL LAW
GADZHIEVA Dadaba Alisultanovna
postgraduate student of Constitutional and municipal law sub-faculty of the M. V. Lomonosov Moscow State University, senior lecturer of Constitutional and municipal law sub-faculty of the Dagestan State University, Makhachkala
ON THE ISSUE OF COLLECTIVE SUBJECTS IN CONSTITUTIONAL LAW
The article discusses the issue of collective subjects in constitutional law and the necessity of expanding traditional doctrines focused on individual rights and freedoms. The author analyzes the role of collective subjects, such as organizations and social communities, in modern legal systems, their legal capacity, and their significance for legal practice. Special attention is given to the distinction between formalized organizations and social communities, as well as their interaction with constitutional and legal norms. The article emphasizes the importance of revisiting existing approaches to legal capacity to account for the diversity of citizens’ interests in a pluralistic society.
Keywords: collective subjects, legal capacity, individual, social communities, organizations, collectives.
Prarticle bibliographic list
1. Bakhrakh D. N. Essays on the Theory of Russian Law. – M.: Norma: Infra-M, 2010.
2. Bakhrakh D. N. Subjects of Russian Law // Economy of the Region. – 2006. – No. 2.
3. Boytsov V. Ya. On the Circle of Subjects of Soviet State Law // Collection of scientific papers. – Ufa, 1970. – Issue 1.
4. Boytsov V. Ya. The System of Subjects of Soviet State Law. – Ufa, 1972.
5. Ioffe O. S., Shargorodsky M. D. Questions of the Theory of Law. – M.: State Publishing House of Legal Literature, 1961.
6. Malkova N. A. Collective Subjects in Russian Law: Textbook. – Samara: Publishing House “Samara House of Printing”, 1999.
7. Matuzov N. I., Malko A. V. Theory of State and Law: textbook. – M.: Jurist, 2004.
8. Meyer D. I. Russian Civil Law. – M., 2003.
9. Mitskevich A. V. Subjects of Soviet Law // Jurisprudence. – 1963. – No. 4.
10. Samylov I. V. Concept and System of Collective Subjects of Law // Bulletin of Perm University. Legal Sciences. – 2009. – No. 4.
11. Syrykh V. M. Theory of State and Law. – M., 2004.
12. Shakhnovskaya I. V. Collective subjects of constitutional law as social communities // Bulletin of Polotsk State University. Series D. Economic and legal sciences. – 2015. – No. 14.
CONSTITUTIONAL LAW
IVLEVA Yuliya Ivanovna
junior researcher of the Sector of constitutional law and constitutional justice of the Institute of State and Law of the Russian Academy of Sciences
ECOLOGICAL COMPONENT IN THE USSR OF 1977
The issue of environmental protection and maintenance of a favorable environmental situation is currently widely discussed both at the scientific and legislative levels. In order to understand the peculiarities of the functioning of the system of environmental regulation, it is necessary to analyze the constitutional and legal foundations of this sphere at different stages of development of the Russian state. Significant is the period of developed socialism in the USSR, as well as such an event as the adoption of the USSR Constitution of 1977, which served as a basis for the beginning of a new environmental policy. Since the adoption of this normative-legal act, the economic period, characterized by the regulation of relations mainly corresponded to the use of natural resources, has been replaced by the environmental period, dedicated to the protection of the environment, natural resources, and environmental safety. There is a transformation of environmental relations and the state’s approach to declaring and fulfilling its environmental function.
Keywords: ecology, environmental safety, environmental protection, USSR Constitution of 1977, developed socialism, Soviet society, legal aspects.
Пристатейный библиографический список
1. Аверьянова Н. Н. Конституционно правовое регулирование земельных отношений в Российской Федерации: монография / Под ред. G. N. Komkova. – M. Yustitsinform, 2017. – 264 p.
2. Vershilo N. D. Ecological function of the Russian state in the context of sustainable development // Environmental law. – 2005. – No. 4. – P. 11-14
3. Gizzatullin R. Kh. Ecological function of the state and the Constitution of Russia // Legal state: theory and practice. – 2012. – No. 3 (29). – P. 54-59.
4. The Declaration on the Environment adopted in Stockholm on June 16, 1972 at the UN Conference on the Human Environment // Current international law. V. 3. – M., 1997. – P. 682-687.
5. Yezhov Yu. A. Constitutional foundations of environmental legal relations // New law journal. – 2012. – No. 3. – P. 61-70.
6. Matveeva E. V. Legal mechanism for the implementation of environmental rights of citizens in the Russian Federation and the Federal Republic of Germany: specialty 12.00.06 “Land law; natural resource law; environmental law; agrarian law”: dissertation for the degree of candidate of legal sciences. – Moscow, 2010. – 211 p.
7. Petrov V. V. Constitutional foundations of nature protection in the USSR and problems of improving Soviet environmental legislation in the context of scientific and technological progress // Scientific and technical progress and legal protection of nature / Ed. V. V. Petrov. – M .: Publishing house of Mosk. un-ta, 1978. – P. 30.
8. Statsenko O. V. Foreign experience of environmental regulation on the example of Western European countries and the USA // International journal of humanitarian and natural sciences. – 2020. – No. 6-3. – P. 171-190.
ADMINISTRATIVE LAW
ALFEROV Sergey Nikolaevich
Ph.D. in Law, professor, chief researcher of the V. I. Vernadsky Crimean Federal University
ON THE ISSUE OF NORMATIVE DEFINITION OF THE CONCEPTS OF “DOMESTIC” AND “INBOUND” TOURISM
The study contributes to the development of scientific knowledge about tourism and provides practical recommendations for government agencies, businesses and other stakeholders. The article analyzes the concepts of “domestic” and “inbound” tourism, considers the main factors of the division of domestic and inbound tourism, identifies problems of legal regulation of these types of tourism, and suggests ways to improve the legislative regulation of these types of tourism. Based on the analysis, the authors highlight the key differences between domestic and inbound tourism, determine the most pressing problems of legal regulation of each of them and propose specific measures to improve legislation in the field of tourism.
The results of the study can be used to develop effective state programs for tourism development, improve the regulatory framework and increase the competitiveness of the tourism industry.
Keywords: concept, tourism, forms of tourism, external tourism, inbound tourism .
Article bibliographic list
1. Meeting of the Presidium of the State Council on tourism development // Official network resources of the President of Russia. [Electronic resource]. – Access mode: http://kremlin.ru/ (date of access: 11.05.2024).
2. Federal Law of 24.11.1996 No. 132-FZ (as amended on 23.03.2024) “ On the Fundamentals of Tourist Activity in the Russian Federation” // SZ RF. 1996. No. 49. Art. 5491.
3. Law of Krasnodar Krai “On Tourist Activity in Krasnodar Krai” dated October 25, 2005 No. 938-KZ (as amended . from 19.12.2016) // “Information Bulletin of the Legislative Assembly of Krasnodar Krai”. 28.11.2005. No. 35.
4. Law of St. Petersburg “On tourist activities in St. Petersburg” dated 28.12.2012 No. 741-126 (as amended on 17.02.2017) // “Bulletin of the Legislative Assembly of St. Petersburg”. 21.01. 2013. No. 1.
5. Law of the Republic of Crimea “On tourist activities in the Republic of Crimea” dated 14.08.2014 No. 51-ZRK (as amended on 29.12.2016) // “Bulletin of the State Council of the Republic of Crimea”. 09.09.2014 . No. 2 (part 1).
6. Burlaka A. M. Tourism: classification and types. – Text: direct // Young scientist. 2023. No. 2 (449). P. 93-95. [Electronic resource]. – Access mode: https://moluch.ru/archive/449/98990/ (date of access: 10.05.2024).
7. Andrianov Vladimir Ivanovich Problems of development of internal and inbound tourism // Modern problems of service and tourism. 2015. No. 3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/problemy-razvitiya-vnutrennego-i-vezdnogo-turizma (date of access : 12.05.2024).
8. Akopyan M. L. International experience in regulating inbound tourism // Belarusian Journal of International Law and International Relations. 2004. No. 4.
9. Mikhail Mishustin approved the state program “Tourism Development” / / Government of Russia. [Electronic resource]. – Access mode: http://government.ru (date of access: 11.05.2024).
ADMINISTRATIVE LAW
AMIRYAN Artur Andreevich
student of the I. T. Trubilin Kuban State Agrarian University, Krasnodar
FOMINOV Dmitriy Konstantinovich
student of the I. T. Trubilin Kuban State Agrarian University, Krasnodar
CHERNOV Yuriy Ivanovich
Ph.D. in Law, associate professor, senior lecturer of Administrative and financial law sub-faculty of the I. T. Trubilin Kuban State Agrarian University, Krasnodar
ADMINISTRATIVE AND LEGAL STATUS OF THE STATE CORPORATION ROSATOM
This article is devoted to the study of the administrative and legal status of the state corporation Rosatom, which is a key participant in the Russian nuclear industry. The article examines the features of the legal status of the Rosatom state corporation, its advantages over other organizational forms, the legal basis of Rosatom’s activities, laws and regulations defining its position in the public administration system, its powers and activities. The article examines the history of the creation and development of the Russian nuclear industry, the relationship of Rosatom with its previous management bodies in the nuclear industry. In addition, the article examines the performance indicators of this state corporation. The results of this study can be useful both for specialists in the field of administrative law and for people who are interested in the activities of Russian state corporations in general.
Keywords: administrative and legal status, state corporation, Rosatom state corporation, nuclear energy, regulatory legal acts, state regulation.
Article bibliographic list
1. Alyushenko A. I., Skirtach A. A. Powers of the state corporation for of the State Atomic Energy Corporation “Rosatom” on legal regulation in the established sphere of activity // Legal Energy Forum. – 2014. – No. 4.
2. Zamryga D. V. The goals of creating the state corporation for atomic energy “Rosa”volume» // Law and Business. – 2013. – No. 4.
3. Utkina M. F. State Corporation “Rosatom” as an Instrument for Implementing the Foreign Policy Strategy of the Russian Federation // Bulletin of Bryansk University. – 2019. – No. 3 (41).
4. Fomina E. V. Administrative and Public Function of State Corporations in the Sphere of Administrative Rulemaking // Law and Right. – 2023. – No. 10.
5. Baramidze G. A. Financial and Legal Regulation of the Activities of the State Corporation “Rosatom” // Dissertation for the Degree of Candidate of Legal Sciences / Federal State Budgetary Educational Institution of Higher Education “Moscow State Law University named after O.E. Kutafin (MSAL)”. -2018.
6. Stenyaev E. S. Problems of formation of the largest state corporations in modern Russia (on the example of the state corporation “Rosatom”) // Dissertation for the degree of candidate of economic sciences / Academy of Labor and Social Relations. – 2008.
7. Popova L. L., Studenkina M. S. // Administrative law: Textbook. – 2nd ed., revised. and additional. – M .: Yur.Norma. NIC INFRA-M, 2019.
8. Rossinsky B. V., Starilov Yu. N. // Administrative law: Textbook for universities. – 6th ed. Revision. – M .: Yur. norm, NIC INFRA-M, 2019.
9. Rosatom State Corporation Rosatom nuclear technology nuclear power NPP nuclear medicine. – [Electronic resource]. – Access mode: https://www.rosatom.ru/index.html (date of access: 20.04.2024).
ADMINISTRATIVE LAW
PANFILOVA Olga Valentinovna
Ph.D. in Law, associate professor of Security at transport facilities sub-faculty of the I. D. Putilin Belgorod Law Institute of the MIA of Russia
VOLKOV Pavel Anatoljevich
Ph.D. in Law, associate professor of Management and administrative activities of the department of internal affairs sub-faculty of the I. D. Putilin Belgorod Law Institute of the MIA of Russia
ADMINISTRATIVE OFFENSES IN THE FIELD OF PUBLIC ORDER PROTECTION AT TRANSPORT FACILITIES
To date, the facilities of the transport complex ensure the multilateral development of the state in the economic, political, social and strategic spheres of society. At the same time, railways, airports, sea and river ports are objects of increased danger, which, in turn, requires special legal regulation, including the norms of administrative legislation. Preventing the commission of administrative offenses at transport facilities, as well as bringing perpetrators to administrative responsibility, is one of the tasks of protecting public order of internal affairs bodies in transport. Administrative offenses in the field of public order protection contain an additional danger associated with harm to the life and health of citizens, damage to property.
Keywords: administrative offense, public order, security, transport facilities, transport complex, territorial bodies of the Ministry of Internal Affairs of Russia on transport.
Article bibliographic list
1. Gretsky S. N. Types of administrative offenses in the field of road traffic // NovaUm.Ru. – 2021. – No. 34. – P. 233-235.
2. Volzhenin V. V. Prevention of administrative offenses carried out by patrol and guard police units at railway transport facilities // Current problems and prospects for the development of the legal system of Kazakhstan: materials of the international scientific and practical conference dedicated to the 110th anniversary of the birth of the Minister of Internal Affairs of the Kazakh SSR, statesman and public figure, Lieutenant General of the Internal Service Shrakbek Kabylbayevich Kabylbayev and the 20th anniversary of the capital of the Republic of Kazakhstan – Astana, Kostanay, October 26, 2018. – Kostanay: Kostanay Academy of the Ministry of Internal Affairs of the Republic of Kazakhstan, 2018. – P. 199-202.
3. Rossinsky B. V. Administrative law and administrative responsibility: course of lectures. – 2nd ed., revised. – Moscow: Norma: INFRA-M, 2024. – 352 p.
4. Administrative law: textbook / Ed. by L. L. Popov, M. S. Studenikina. – 3rd ed., revised and enlarged. – Moscow: Norma: INFRA-M, 2023. – P. 233.
5. Ishmametov I. A. Concept and content of administrative offenses in the sphere of public order protection // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2011. – No. 7. – P. 219.
ADMINISTRATIVE LAW
ZINKOV Evgeniy Nikolaevich
Ph.D. in Law, associate professor, associate professor of Theory of law and public law disciplines sub-faculty of the Institute of Law of the Samara State University of Economics
GOLUBTSOVA Kseniya Ivanovna
Ph.D. in Law, associate professor of Penal enforcement law and organization of the execution of sentences not related to the isolation of convicts from the society sub-facultyof the Law Faculty of the Samara Law Institute of the FPS of Russia
KONDRASHEVA Anastasiya Sergeevna
student of the 3rd course of the Institute of Law of the Samara State University of Economics
FEATURES OF ADMINISTRATIVE SUPERVISION OF NON-PROFIT ORGANIZATIONS
The article discusses the current problems of state supervision of the activities of non-profit organizations in Russia. The legal regulation of this sphere is analyzed, attention is focused on the contradictory moments of this process. Proposals are also being formulated to improve administrative and legal oversight mechanisms aimed at improving the effectiveness of control activities, as well as ensuring a balance between public interests and the autonomy of the non-profit sector. Particular attention is paid to the optimization of audit procedures, the introduction of a risk-based approach, and the development of interaction between supervisory authorities and civil society institutions.
Keywords: non-profit organizations, administrative supervision, public control, risk-based approach, state registration, unscheduled inspections, administrative responsibility.
Article bibliography
1. Vasilyeva A. F., Shupletsova Yu. I. Non-commercial organizations in Russia: problems of implementing administrative supervision // Journal of Russian Law. – 2020. – No. 8. – P. 101-111.
2. Code of the Russian Federation on Administrative Offenses: Federal Law of 30.12.2001 No. 195-FZ (as amended on 08.08.2024) // Official Internet portal of legal information. [Electronic resource] – Access mode: http://pravo.gov.ru (date of access: 09/17/2024).
3. Yakimova E. M. Administrative and legal regulation of state control and supervision of non-profit organizations // Siberian legal review. – 2018. – No. 4. – P. 74-81.
4. Pozhidaeva M. A. Non-profit organizations as subjects of administrative law // Leningrad Law Journal. – 2021. – No. 2. – P. 95 -103.
5. Zaitseva E. S. Administrative supervision of the activities of non-profit organizations in the Russian Federation: features of legal regulation // Administrative and municipal law. – 2019. – No. 6. – P. 18-25.
6. Vikulov K. E. On the content of administrative supervision over the activities of non-profit organizations // Actual problems of Russian law. – 2018. – No. 11. – P. . 54-62.
ADMINISTRATIVE LAW
KULAKOV Nikolay Andreevich
Ph.D. in Law, associate professor, associate professor of Administrative law sub-faculty of the St. Petersburg University of the MIA of Russia
TEMNIKOV Alexey Yurjevich
Ph. D. in Law, associate professor, associate professor of Administrative activities of internal affairs bodies sub-faculty of the St. Petersburg University of the MIA of Russia
ERMOLAEV Vyacheslav Gennadjevich
lecturer of Administrative activities of internal affairs bodies sub-faculty of the St. Petersburg University of the MIA of Russia
SCIENTIFIC ACTIVITY AS AN OBJECT OF PUBLIC ADMINISTRATION AND LEGAL REGULATION
The article discusses the problems of public administration and legal regulation in the field of science and scientific and technical activities. The article justifies that scientific activity is the object of complex intersectoral legal regulation, for which both private and public legal means are applied. The authors conclude that from the point of view of streamlining state management relations, it is advisable to harmonize the legislation on science and the legislation on intellectual property, determine the socio-legal nature of scientific activity as creative activity and amend the legislation accordingly.
Keywords: science, scientific and technical activity, intellectual property, public legal means, private legal means.
Article bibliography
1. Ivanova S. A On the issue of the concepts of “science” and “scientific activity” in light of the innovative development of modern Russian education // Legal education and science. – 2012. – No. 1. – P. 23-28.
2. Krasavchikov O. A. Creativity and civil law (concept, subject and composition of the sub-sector) // Categories of civil law science: selected works: In 2 volumes. – M., 2005. – V. 2. – 673 p.
3. Murzin D. V. Problems of legal regulation of scientific activity as a creative activity // Russian Law Journal. – 2019. – No. 4. – pp. 167-173.
ADMINISTRATIVE LAW
MATVEEVA Anastasiya Alexandrovna
senior lecturer of General theoretical and state legal disciplines sub-faculty of the East Siberian branch of the Russian State University of Justice, Irkutsk
SELF-REGULATING ORGANIZATIONS OF ARBITRATION MANAGERS: FEATURES OF THE ADMINISTRATIVE AND LEGAL STATUS
The study is devoted to the analysis of the institute of self–regulating organizations of arbitration managers (hereinafter referred to as the SRO of arbitration managers), consideration of its public law powers, which determine its administrative and legal status. The purpose of the study is to analyze the institution of SRO arbitration managers to determine the specifics of its administrative and legal status. To achieve this goal, the author has set himself the following tasks: to determine the legal basis for the activities of SRO arbitration managers; to study the requirements for these organizations, as well as to explore the public law functions that they perform. Within the framework of the research, the author used various general scientific methods, such as analysis, synthesis and generalization. In addition, specialized methods were used, including the analysis of normative legal acts and the method of interpretation of law.
Keywords: arbitration manager, self-regulating organization of arbitration managers, self-regulation, administrative and legal status, public law functions.
Article bibliographic list
1. Unified state register of SRO arbitration managers // Federal Service for State Registration, Cadastre and Cartography. [Electronic resource]. – Access mode: https://rosreestr.gov.ru/wps/portal/p/cc_ib_portal_services/cc_ib_sro_reestrs/ (date of access: 26.07.2024).
2. Zabramnaya E. Yu. Disciplinary responsibility: inter-industry aspect and current problems legal institute // Labor law in Russia and abroad. – 2019. – No. 3. – P. 42-45.
3. Korshunov P. N. The role of self-regulatory organizations of arbitration managers in the administration of justice in bankruptcy cases // Jurist. – 2020. – No. 3. – P. 16-23.
4. Afanasyeva E. G., Belitskaya A. V., Bobyleva A. Z. [et al.] Insolvency (bankruptcy). In 2 volumes. Vol. 1: training course / Edited by S. . A. Karelina. – M.: Statut, 2019. – 925 p.
5. Rustamova S. M., Manatilov M. M. On self-regulation in the field of arbitration management // Civil service and personnel. – 2019. – No. 2. – P. 82-83.
ADMINISTRATIVE LAW
PONOMARENKO Anna Alexandrovna
Ph.D. in Law, professor, chief researcher of the V. I. Vernadsky Crimean Federal University, Simferopol
THE CENTRAL BANK OF THE RUSSIAN FEDERATION AS A REGULATOR OF THE FINANCIAL RELIABILITY OF CREDIT ORGANIZATIONS
This article analyzes the legal framework for ensuring the financial reliability of credit institutions and examines the role and functions of the Central Bank of the Russian Federation (CBRF) in this process.
The author examines the main legislative acts and regulations governing the activities of credit institutions in Russia and identifies key aspects of their financial stability. In order to improve the efficiency of regulation, it is proposed to develop a Banking Code of the Russian Federation that will unite existing standards and simplify the regulatory system. As a temporary solution, it is proposed to divide the assessment methods into mandatory and advisory.
Particular attention is paid to the role of the CBRF as a regulator of the banking system and its functions to control and supervise the activities of credit institutions in order to ensure their financial reliability. The author emphasizes the need to revise the system of banking legislation and develop a unified methodology for assessing the state of a credit institution.
The author concludes that the Bank of Russia plays a decisive role in ensuring the financial reliability of credit institutions, since it has been entrusted with all powers in the field of control and supervision of banking activities.
Keywords: Central Bank of the Russian Federation, credit institution, financial reliability, banking supervision, licensing, banking legislation, banking activities.
Article bibliographic list
1. Geroev A. Kh. Current problems of development and application of banking legislation // International student scientific bulletin. – 2020. – No. 4. – P. 9-15.
2. On banks and banking activities: Federal Law of 02.12.1990 No. 395-1 (as amended on 04.08.2023) (as amended and supplemented. , entered into force on 21.10.2023) // Bulletin of the Congress of People’s Deputies of the RSFSR. – 06.12.1990. – No. 27. – Art. 357.
3. On the Central Bank of the Russian Federation (Bank of Russia): Federal Law of 10.07.2002 No. 86-FZ (as amended on 24.07.2023) (as amended and supplemented, entered into force on 01.10. 2023) // Collection of Legislation of the Russian Federation. – 15.07.2002. – No. 28. – Art. 2790.
4. Rybintseva E. V. Codification of Legislation in the Sphere of Financial Law // Issues of Development of the State and Law: Theory, History etc.Actika: Collection of scientific articles based on the materials of the All-Russian scientific and practical conference (on the 100th anniversary of the Supreme Court of the Russian Federation), Simferopol, November 9, 2022 / Ed. and compiled by V. G. Tur. – Simferopol: Limited Liability Company “Arial Printing House”, 2023. – Pp. 276-281.
5. Aksverova S. A., Kazankova T. N. History of the creation and development of central banks / // Russian science: current research and development: Collection of scientific articles of the VII All-Russian scientific and practical conference. In 2 parts, Samara, March 7, 2019 / Editorial board: G. R. Khasaev, S. I. Ashmarina [et al.]. Volume Part 2. – Samara: Samara State University of Economics, 2019. – Pp. 328-332. – EDN EFMPGY.
6. Rogozhin A. A., Galiev D. H. The US Federal Reserve System. Its history and instruments of influence on the market // XXV Tupolev Readings (school of young scientists): Texts of reports of participants of the International Youth Scientific Conference dedicated to the 60th anniversary of the First manned flight into outer space and the 90th anniversary of the Kazan National Research Technical University named after A.N. Tupolev-KAI, Kazan, November 10-11, 2021. Volume VI. – Kazan: Publishing house of IP Sagieva A.R., 2021. – P. 591-595. – EDN ILJYIX.
7. Tskhadadze N. V., Mynina A. A., Savvina A. A. Development of the Bank of Russia: history and modernity // Theory and practice of economics and entrepreneurship: proceedings of the XVIII All-Russian scientific and practical conference with international participation, Simferopol-Gurzuf, April 27-29, 2021. – Simferopol: Crimean Federal University named after V.I. Vernadsky, 2021. – P. 253-256.
8. On the procedure for approving by the Bank of Russia the appointment (election) of candidates for positions in a financial institution, notifying the Bank of Russia of the election (termination of powers), appointment (dismissal from office) of persons who are members of the management bodies, other officials in financial institutions, assessing compliance with the qualification requirements and (or) requirements for the business reputation of persons who are members of the management bodies, other officials and founders (shareholders, participants) of financial institutions, sending information by a member of the board of directors (supervisory board) of a financial institution to the Bank of Russia on voting (on not taking part in voting) against a decision of the board of directors (supervisory board) of a financial institution, sending a request for the Bank of Russia to provide information and sending by the Bank of Russia a response on the presence (absence) of information in the databases provided for in Articles 75 and 76.7 of the Federal Law of July 10, 2002 No. 86-FZ “On the Central Bank of the Russian Federation (Bank of Russia)”, as well as on the procedure for maintaining such databases: Bank of Russia Regulation of 27.12.2017. No. 625-P (as amended on 21.09.2020) // “Bulletin of the Bank of Russia”. – 13.04.2018. – No. 30-31.
9. On the procedure for the Bank of Russia to conduct inspections of supervised persons: Bank of Russia Instruction of 15.01.2020 No. 202-I // “Bulletin of the Bank of Russia”. – 14.05.2020. – No. 32.
10. Resolution of the Arbitration Court of the Moscow District (FAS MO): in case No. A40-226623/2021: drawn up on August 08, 2022, Moscow // Electronic justice. Reference legal system “SudAkt”. [Electronic resource]. – Access mode: https://sudact.ru/arbitral/doc/eZcnp7H56ZU/?arbitral-txt (date of access 08/22/2024).
ADMINISTRATIVE LAW
KHALILEV Ruslan Amdievich
Ph.D. in Law, professor, professor of Criminal law and process sub-faculty of the V. I. Vernadsky Crimean Federal University
ADMINISTRATIVE-LEGAL STATUS OF SELF-REGULATORY ORGANIZATIONS IN THE TOURIST SECTOR
The article examines the influence of self-regulatory organizations on the development of the tourism sector in Russia. The main functions and tasks of these organizations, their contribution to improving the quality of services and protecting consumer rights are analyzed. Particular attention is paid to the prospects for the development of self-regulation in tourism.
The author examines the administrative and legal status of self-regulatory organizations in the sphere of resort and tourism activities in Russia. A content analysis of the regulatory framework governing the activities of self-regulatory organizations in this area is carried out, and the main problems and prospects for the development of this institution are identified.
The relevance of the study is due to the need to improve the efficiency of state regulation in the tourism sector and ensure high quality of services provided, since in a market economy, self-regulation is becoming an important tool for achieving a balance of interests of the state, business and consumers.
The role and functions of self-regulatory organizations in the sphere of resort and tourism activities , their interaction with government structures and local governments are studied, and problems associated with shortcomings in legislation and an unclear delineation of powers between self-regulatory organizations and government bodies are analyzed. Based on the analysis, the author offers recommendations for improving the legislation on self-regulatory organizations in the sphere of resort and tourism activities, aimed at increasing efficiency and ensuring the protection of the rights and interests of market participants.
Keywords: self-regulatory organizations, resort and tourism activities, administrative law, administrative and legal status, state regulation, quality of services, legislation.
Bibliographic list of articles
1. Mishustin said that the importance of the tourism industry cannot be overestimated. [Electronic resource]. – Access mode: https://tass.ru/obschestvo/18366501 (date of access 08/30/2024)
2. Federal Law of November 24, 1996 No. 132-FZ “On the Fundamentals of Tourism Activity in the Russian Federation”. [ Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_12462/ (date of access 08/30/2024).
3. Federal Law of December 1, 2007 No. 315-FZ “On self-regulatory organizations” // Collection of Legislation of the Russian Federation. – 2007. – No. 49. – Art. 6076.
4. Order of the Federal Agency for Tourism dated November 27, 2020 No. 440-Pr-20 “On approval of the Rules of professional activity regulating the procedure for the implementation by the association of tour operators in the field of outbound tourism and its members of functions related to the formation and use reserve fund of the association of tour operators in the field of outbound tourism.” [Electronic resource]. – Access mode: http://publication.pravo.gov.ru/document/0001202011300081 (date of access 08/30/2024).
5. Order of the Government of the Russian Federation Federation of January 20, 2024 No. 99-r. – [Electronic resource]. – Access mode: http://static.government.ru/media/files/AzADDnfIoJaQ1D h4eu42PdDXtDq4gCXA.pdf (date of access: (date of access 08/30/2024).
6. The government approved a “roadmap” for amending the regulatory regulation in the field of tourism [Electronic resource]. – Access mode: http://government.ru/docs/50682/ (date of access 08/30/2024).
7. Order of the Ministry of Economic Development of Russia dated October 14, 2020 No. 678 ” On approval of the Requirements for providing self-regulatory organizations with access to documents and information subject to mandatory posting on the official websites of self-regulatory organizations, as well as requirements for technological, software, and linguistic means of ensuring the use of the official websites of such self-regulatory organizations organizations.”
ADMINISTRATIVE LAW
SHAMRIN Maxim Yurjevich
Ph.D. in Law, associate professor of Administrative law and process sub-faculty of the O. E. Kutafin Moscow State Law University (MSAL)
BELOUSOVA Violetta Viktorovna
assistant of Administrative law and process sub-faculty of the O. E. Kutafin Moscow State Law University (MSAL)
THE ROLE OF ARTIFICIAL INTELLIGENCE IN IMPROVING PUBLIC ADMINISTRATION
The article examines the role of artificial intelligence in improving public administration. The application of artificial intelligence in agricultural management is analyzed. The experience of foreign countries is examined. Special attention is given to AI in land management activities, monitoring, and quality assessment of fertile lands. It is concluded that the introduction of AI in agricultural management opens up new opportunities for increasing the efficiency and sustainability of the agricultural sector.
Keywords: management, agriculture, artificial intelligence, logistics.
Article bibliographic list
1. Zinchuk G. M., Efimova M. V. Problems of implementation of artificial intelligence agro-industrial sphere of the regions of Russia // Creative Economy. – 2023. – Vol. 17. No. 12. – P. 4899-4912.
2. Rumyantsev F. P. On the concept of land turnover // Legality and law and order in modern society. – 2011. – No. 3. – P. 125-128.
3. Skvortsov E. A. Prospects for the application of artificial intelligence technologies in regional agriculture // Regional Economy. – 2020. – Vol. 16. Issue 2. – P. 563-576.
4. Shumareva S. N. Application of artificial intelligence to ensure sustainable development of agriculture // Advances in Science and Technology: Collection of articles from the LX international scientific and practical conference, Moscow, April 30, 2024. – Moscow: OOO AKTUALNOST.RF, 2024. – P. 23-24.
5. Khedo, K., Mungur, A. (2023). Smart Agriculture Research and Development for Small Island Developing States. In: Pakeerathan, K. (eds) Smart Agriculture for Developing Nations. Advanced Technologies and Societal Change. Springer, Singapore. – P. 233-249.
ADMINISTRATIVE LAW
ADAMYAN Georgiy Karenovich
student of the 2nd course of the Law Faculty of the I. T. Trubilin Kuban State Agrarian University, Krasnodar
NOSKOVA Dayana Dmitrievna
student of the 2nd course of the Law Faculty of the I. T. Trubilin Kuban State Agrarian University, Krasnodar
CHERNOV Yuriy Ivanovich
Ph.D. in Law, associate professor, senior lecturer of Administrative and financial law sub-faculty of the Law Faculty of the I. T. Trubilin Kuban State Agrarian University, Krasnodar
PROSPECTS FOR IMPROVING THE ADMINISTRATIVE AND LEGAL PROTECTION OF INFORMATION SECURITY The article reveals the concept and content of information security, justifies the need to apply measures to ensure it. The author identified has the prospects for the development of information security and specific measures to protect information security carried out by the state. The necessity of applying administrative and legal protection of information security is substantiated. The article describes the problems of administrative legislation in the field of administrative responsibility in the field of information, and also suggests ways to solve them. The positions of legal scholars on the issues of determining the jurisdiction of the state in the information sphere, the application of administrative punishment, and the systematization of the Administrative Code of the Russian Federation are presented.
Keywords: information, information security, administrative and legal protection, administrative responsibility, administrative legislation, administrative punishment, Internet.
Article bibliography
1. Garayev A. A. Analysis of the recovery of an administrative fine // Administrative law and process. – 2013. – No. 2. – P. 38-45.
2. Lukashuk I. I. International law. Special part. – M., 2005.
3. Petrovsky S. .V. Problems of judicial law enforcement in the sphere of the Internet // Information law. – M., 2004.
4. Savchishkin D. B. Administrative responsibility as a means of ensuring information security // Administrative and municipal law. –2011. – No. 6. – P. 55-63.
5. Terentyeva L. V. Network space and state borders: issues of jurisdiction on the Internet // Law. Journal of the Higher School of Economics. – 2010.
6. Fedotova O. A. Administrative liability for offenses in the field of information security: author’s abstract. . … Cand. of Law: 12.00.14. – M., 2003. – 27 p.
7. Cherepanova E. Yu. On the classification of administrative offenses in the information sphere in the context of ensuring information security of Russia at the present stage / / Bulletin of the Nizhny Novgorod University named after N. I. Lobachevsky. –2022. – No. 6. – P. 171-176.
8. David R. Johnson. Law And Borders – The Rise of Law in Cyberspace // Stanford Law Review. – 1996. – R. 34.
ADMINISTRATIVE LAW
VOYTOV Igor Vladislavovich
postgraduate student of the 1st course of Administrative and Financial Law sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
ROLE OF DISTANCE LEARNING IN THE FORMATION OF A UNIFIED EDUCATIONAL SPACE IN THE CIS COUNTRIES
The article examines new opportunities for the formation of a unified educational space in the CIS countries in connection with the digital transformation of education. Based on an analysis of the legislative regulation of distance learning in Russia, Kazakhstan, Belarus, Moldova and Uzbekistan, a conclusion is drawn about different approaches to the legal regulation of distance learning, and it is proposed to strengthen the interaction of the CIS countries in adopting joint strategies for the development of digital technologies in the field of education.
Keywords: legislation on education, common educational space of the CIS, distance learning, higher education, digital technologies.
Article bibliographic list
1. Diveeva N. I., Dmitrikova E. A. Trends in regulatory control of digitalization processes in education in the CIS countries // Yearbook of Russian educational legislation. – 2021. – No. 21 (T . 16). – P. 210-227. – [Electronic resource]. – Access mode: https://lexed.ru/ezhegodnik-rossiyskogo-obrazovatelnogo-zakonodatelstva/book/tom16/tendentsii-normativnogo-regulirovaniya-protsessov-tsifrovizatsii-obrazovaniya-v-stranakh-sng-/ (date of access: 15.06.2024 ).
2. Volkova N. S., Emelianov A. S., Efremov A. A., et al. Human rights in the information sphere in the context of digitalization: scientific and practical. manual / Ed. L. K. . Tereshchenko. – M.: Infotropic, 2023. – 244 p.
ADMINISTRATIVE 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
LEGAL ASPECTS OF THE STATUS OF THE MINISTRY OF CULTURE AND THE CINEMA FUND IN RUSSIAN LEGISLATION AS ACTORS REGULATING THE FILM INDUSTRY AND THE SPECIFICS OF THEIR INTERACTION IN THIS AREA
The article examines the legal status of the Ministry of Culture of Russia, its goals and objectives, as well as interaction with subordinate organizations, in order to generalize domestic practices and further improve the domestic legal system. This article examines one of the key issues of potential future cultural policy. This issue is not unreasonably extremely important for the development of any future strategy of cultural policy. The current state of affairs with regard to the legal aspects of the status of the Ministry of Culture and the Cinema Foundation is considered in detail. The current measures taken The structure of the authorities involved in cultural policy has been fully studied. Considerable attention is paid to education and international cooperation. This article also pays attention to the social cinema that is significant today.
Keywords: legal regulation, cinema, establishment of the institute, national legislation, law history.
Article bibliography
1. Vorontsova Yu . V. Study of the problems of obtaining state support when creating a film project // Bulletin of the University. – 2023. – No. 6.
2. Pechegina T. Impact goes to the cinema. Evaluation of the effectiveness of investments in Russian cinema // Positive changes. – 2023. – V. 3. No. 2.
3. Administrative law of Russia: textbook. – 2nd ed., revised and enlarged. (Ed. Popov L. L.). – “Prospect” , 2010.
4. Gorsheleva N. A., Mityushina A. V. Public administration in the sphere of cinematography of the Russian Federation // Actual problems of humanitarian and natural sciences. – 2015. – No. 12-4. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/gosudarstennoe-upravlenie-v-sfere-kinematografii-rosiyskoy-federatsii (date of access: 22.04.2024).
ADMINISTRATIVE LAW
SEIDOV Gamzat Zakirovich
postgraduate student of Administrative and financial law sub -faculty of the Institute of Law of the Patrice Lumumba People’s Friendship University of Russia
PROBLEMATIC ASPECTS OF ADMINISTRATIVE AND LEGAL SUPPORT OF INFORMATION SECURITY OF THE RUSSIAN FEDERATION
The scientific article focuses on the fact that currently in Russia, as in the world, the amount of information obtained through various media, including the Internet, is increasing. It is emphasized that in our country there are a number of regulatory legal acts aimed at ensuring information security. However, we note that there are a number of problems in the framework of administrative and legal support for information security:
– firstly, the advisability of adopting the Information Code of the Russian Federation has been discussed for several years;
– secondly, it is necessary to increase liability for persons who are able to sell or otherwise use personal data of clients for their own illegal purposes
– thirdly, the adoption of a normative legal act aimed at amending existing normative acts should be considered , reflecting legal norms that provide for the need to notify persons whose information has been seized for use by third parties and establishing legal liability for their failure to notify.
Keywords: information security, legal regulation, administrative and legal support, problems of ensuring information security, legal liability.
Article bibliography
1. Archakov V. Yu. On theoretical and applied approaches to legal regulation of information security in the Republic of Belarus // Journal of the Belarusian State University. Law. – 2019. – No. 3. – P. 22-31
2. Veprentseva T. A. Actual problems of legal support of information security of the Russian Federation // National security / Nota Bene. – 2022. – No. 2. – P. 59- 73.
3. Voronina I. A. Ensuring information security in the Russian Federation: problems of legislative regulation // Legal sciences, the rule of law and modern legislation: collection of articles of the VI International scientific and practical conference. – Penza: Science and Education, 2019 . – P. 123-129.
ADMINISTRATIVE LAW
SOLOVJEVA Svetlana Vladimirovna
Ph.D. in Law, associate professor, associate professor of Administrative and financial law sub-faculty of the North Caucasus branch of the Russian State University of Justice, Krasnodar
ISSUES OF EXERCISING THE POWERS OF PUBLIC AUTHORITIES TO ENSURE FINANCIAL SECURITY
The purpose of the presented research is to examine the powers of public authorities in the field of financial security.
To achieve this goal by applying the method of comparative analysis, the tasks are set to analyze the concepts of “financial security”, “economic security”, “national security” in relation to the powers exercised by public authorities in the field of financial security.
As a result of the study, it is shown that public authorities to ensure financial security exercise their powers narrowly only in a certain area and through a mechanism established by law, generally determining the stability of the financial system.
Keywords: economic security, financial security, financial system, legal regulation, powers of public authorities.
Article bibliography
1. Povetkina N. A. Budgetary- legal instruments for increasing the efficiency of public administration // Legal Science and Practice. – 2018. – No. 4. – P. 240-245.
2. Khabrieva T. Ya. Legal problems of financial security of Russia // Bulletin of Economic Justice of the Russian Federation.– 2016. – No. 10. – P. 45-54.
3. Elizarova V. V. Place and role of financial security in the system of ensuring economic security of Russia // Economy, statistics and informatics. – 2015. – No. 2. – P. 45-48.
4. Senchagov V.K. Ensuring financial security of Russia in the context of globalization // Bulletin of the Russian Academy of Natural Sciences. – 2011. – No. 3. – P. 14-19.
5 . Vasilyeva L. P. Economic security: definitions and essence // Journal of Applied Research. – 2020. – No. 3. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ekonomicheskaya-bezopasnost-opredeleniya-i-suschnost (date of access: 13.07.2024).
6. Kudryashova E. V. Financial security in the hierarchy of strategic goals planning in the Russian Federation // Law. Journal of the Higher School of Economics. – 2019. – No. 2. – P. 124-13.
7. Idrisov H. V. Financial security as one of the elements in the national security system of Russia // Current issues of state and law. – 2021. – Vol. 5. No. 20. – P. 809-816.
8. Sattarova N. A., Shokhin S. O. Certain issues of public administration in the sphere of financial security // Bulletin of Perm University. Legal sciences. – 2018. – Issue. 40. – P. 167-185.
9. Masnikova K. O., Saadulaeva T. A. Government bodies as institutions for ensuring the financial security of the state // Scientific online journal “Stolypin Bulletin”. – 2022. – No. 1. – P. 736-743.
10. Gorokhova S. S. Sustainable development of the national financial system as a factor in ensuring the economic security of the Russian Federation // Banking law. – 2019. – No. 3. – P. 38-44.
ADMINISTRATIVE LAW
SYSOLETINA Oksana Georgievna
adjunct of the Management Academy of the MIA of Russia
ON THE ASPECTS OF REGULATING THE PROCESSES OF EXTERNAL MIGRATION RELATED TO ASSIST VOLUNTARY RESETTLEMENT TO THE RUSSIAN FEDERATION OF COMPATRIOTS LIVING ABROAD
The article studies the development of regulation of the processes of external migration related to the assist voluntary resettlement of compatriots living abroad to the Russian Federation. Based on the analysis, the characteristic features and originality of each of its periods of this. Based on the results of the study, the stages of the resettlement process were established, highlighting the features of each period.
Keywords: development, assistance, compatriots, voluntary resettlement, the State program, stage
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62. Resolution of the Government of the Russian Federation of September 18, 2013 No. 818 “On the procedure for approving the draft program of a constituent entity of the Russian Federation to assist the voluntary resettlement to the Russian Federation of compatriots living abroad.” SZ RF. 2013. No. 38. Art. 4830.
63. Order of the Government of the Russian Federation of December 27, 2012 No. 2570-r On approval of the standard program of a constituent entity of the Russian Federation for providing assistance to the voluntary resettlement of compatriots living abroad to the Russian Federation. Collected Legislation of the Russian Federation. 2013. No. 1. Art. 76.
64. Decree of the President of the Russian Federation of July 25, 2014 No. 531 “On Amendments to the State Program for Providing Assistance to the Voluntary Resettlement of Compatriots Living Abroad to the Russian Federation, Approved by Decree of the President of the Russian Federation of June 22, 2006 No. 637”. Collected Legislation of the Russian Federation. 2014. No. 30 (Part II). Art. 4288.
65. Decree of the President of the Russian Federation of September 27, 2016 No. 502 “On Amendments to the State Program for Assistance to the Voluntary Resettlement of Compatriots Living Abroad to the Russian Federation, Approved by Decree of the President of the Russian Federation of June 22, 2006 No. 637”. Collected Legislation of the Russian Federation. 2016. No. 40. Art. 5723.
66. Resolution of the Government of the Russian Federation of October 16, 2014 No. 1058 “On Amendments to the Rules for Approving the Draft Program of a Subject of the Russian Federation for Assistance to the Voluntary Resettlement of Compatriots Living Abroad to the Russian Federation”. Collected Legislation of the Russian Federation. 2014. No. 43. Art. 5896.
67. Decree of the President of the Russian Federation of December 19, 2014 No. 792 “On Amendments to the State Program for Assistance to the Voluntary Resettlement of Compatriots Living Abroad to the Russian Federation, Approved by Decree of the President of the Russian Federation of June 22, 2006 No. 637”. Collected Legislation of the Russian Federation. 2014. No. 51. Art. 7417.
68. Order of the FMS of Russia of October 10, 2014 No. 554 “On the Organization of the Activities of Territorial Bodies of the Federal Migration Service for Payments to Participants of the State Program for Assistance to the Voluntary Resettlement of Compatriots Living Abroad to the Russian Federation,living abroad, and members of their families of a monthly allowance in the absence of income from labor, entrepreneurial and other activities not prohibited by the legislation of the Russian Federation” // Rossiyskaya Gazeta. No. 275. 03.12.2014.
69. Order of the FMS of Russia dated October 10, 2014 No. 555 “On the organization of the activities of territorial bodies of the Federal Migration Service for the payment of benefits for the settlement of participants in the State Program for Assistance to the Voluntary Resettlement to the Russian Federation of Compatriots Living Abroad and Members of Their Families.” Rossiyskaya Gazeta. № 275. 03.12.2014.
70. Resolution of the Government of the Russian Federation of October 8, 2014 № 1032 “On the organization of work with compatriots permanently residing in the territory of Ukraine, the Donetsk People’s Republic, the Lugansk People’s Republic, who arrived in the territory of the Russian Federation in an emergency mass manner, who received temporary asylum in the Russian Federation and wish to take part in the State Program to assist the voluntary resettlement to the Russian Federation of compatriots living abroad.” Collected Legislation of the Russian Federation. 2014. № 42. Art. 5743.
71. Monitoring the implementation of the State Program for the first quarter of 2016. [Electronic resource]. – Access mode: https://мвд.рф/upload/site1/document_file/Monitoring_realizacii_Gosudarstvennoy_programmy_za_I_kvartal_2016_goda.pdf (date accessed: 25.08.2024).
72. Decree of the President of the Russian Federation of April 5, 2016 No. 156 “On improving public administration in the field of control over the circulation of narcotic drugs, psychotropic substances and their precursors and in the field of migration”. SZ RF. 2016. No. 15. Art. 2071.
73. Decree of the President of the Russian Federation of May 12, 2020 No. 322 “On certain issues of the implementation of the State Program to assist the voluntary resettlement of compatriots living abroad to the Russian Federation”. SZ RF. 2020. No. 20. Art. 3159.
74. Resolution of the Government of the Russian Federation of December 31, 2020 No. 2443 (as amended on March 31, 2021) “On Amendments to Certain Acts of the Government of the Russian Federation”. Collected Legislation of the Russian Federation. 2021. No. 3. Art. 576.
75. Decree of the President of the Russian Federation of March 24, 2021 No. 166 “On Amendments to the State Program for Assistance to the Voluntary Resettlement of Compatriots Living Abroad to the Russian Federation, Approved by Decree of the President of the Russian Federation of June 22, 2006 No. 637”. Collected Legislation of the Russian Federation. 2021. No. 13 (Part I). Art. 2208.
76. Resolution of the Government of the Russian Federation of October 15, 2021 No. 1757 “On Amendments to Certain Acts of the Government of the Russian Federation and Recognizing as Invalid Certain Provisions of Certain Acts of the Government of the Russian Federation”. Collected Legislation of the Russian Federation. 2021. No. 43. Art. 7255.
77. Federal Law of December 27, 2018 No. 544-FZ “On Amendments to the Federal Law “On Citizenship of the Russian Federation”. Collected Legislation of the Russian Federation. 2018. No. 53 (Part I). Art. 8470.
78. Federal Law of April 28, 2023 No. 138-FZ “On Citizenship of the Russian Federation”. Collected Legislation of the Russian Federation. 2023. No. 18. Art. 3215.
79. Federal Law of June 8, 2020 No. 182-FZ “On Amendments to the Federal Law “On Migration Registration of Foreign Citizens and Stateless Persons in the Russian Federation”. SZ RF. 2020. No. 24. Art. 3756.
80. Decree of the President of the Russian Federation of August 12, 2022 No. 547 “On Amendments to the State Program for Assistance to the Voluntary Resettlement of Compatriots Living Abroad to the Russian Federation, Approved by Decree of the President of the Russian Federation of June 22, 2006 No. 637”. SZ RF. 2022. No. 33. Art. 5893.
81. Decree of the President of the Russian Federation of November 22, 2023 No. 872 “On Amendments to the State Program for Assisting the Voluntary Resettlement to the Russian Federation of Compatriots Living Abroad, Approved by Decree of the President of the Russian Federation of June 22, 2006 No. 637”. Collected Legislation of the Russian Federation. 2023. No. 48. Art. 8545.
82. Monitoring the Implementation of the State Program for the First Quarter of 2020. [Electronic resource]. – Access mode: https://мвд.рф/mvd/structure1/Glavnie_upravlenija/guvm/compatriots/monitoring/2020 (date accessed: 25.08.2024).
83. Resolution of the Government of the Russian Federation of November 26, 2020 No. 1937 “On approval of the Rules for the collection from participants in the State Program for Assistance to the Voluntary Resettlement of Compatriots Living Abroad and (or) Members of Their Families to the Russian Federation of expenses incurred by the state in connection with the provision of state guarantees and social support to them, and on the recognition of certain provisions of certain acts of the Government of the Russian Federation as invalid.” SZ RF. 2020. No. 49. Art. 7911.
ADMINISTRATIVE LAW
SHAGALKINA Nataliya Vladimirovna
postgraduate student of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation, lawyer
ADMINISTRATIVE PROCEEDINGS: MODERN PROBLEMS OF STRUCTURING
The article outlines the current problems of formation and development of administrative proceedings. The structure of administrative proceedings is considered using the rules of formal logic, postulates of correct thinking. Administrative proceedings as a legal concept are subject to a logical operation of division, which reveals the existing specificity, some discrepancy with the clearly constructed and assumed structure. The conclusions are aimed at attracting the attention of the scientific and professional contingent to the proper elaboration of types of legal concepts, specific grounds and criteria for structuring both the terms themselves and the subsequent adopted and implemented legal norms.
Keywords : administrative proceedings, structure of administrative proceedings, system of proceedings, types of proceedings.
Article bibliographic list
1. Zelentsov A. B., Kononov P. I. , Stakhov A. I. Administrative process as a type of legal process: modern problems of understanding and normative-legal regulation // Bulletin of St. Petersburg University. Law. – 2018. – V. 9. No. 4. – P. 501-521. br> 2. Kass K. G. Normative regulation of the processes of legal education of citizens as the basis for guaranteeing their rights // Modern science: current problems of theory and practice. Series: Economics and law. – 2023. – No. 11. – P. 134-137.
3. Martynov A. V. Concept and essence of administrative proceedings in the Russian Federation // Bulletin of the Nizhny Novgorod University named after N. I. Lobachevsky. – 2015. – No. 5-6. – P. 273-281.
4. Rozhdestvenskaya T. E., Guznov A. G. Features of the legal status of the financial ombudsman // Bulletin of the O. E. Kutafin University (MSAL). – 2018. – № 10 (50). – P. 45-54.
5. Starilov Yu. N. “Managerial” and “judicial” concepts of administrative process: development, modern significance and interaction // Bulletin of the Voronezh State University. Series: Law . – 2006. – No. 1 (1). – P. 11-14.
6. Kashanina T. V. Structure of Law: monograph. – Moscow: Prospect, 2022. – 584 p.
7. Kirillov V. I., Orlov G. A., Fokina N. I. Exercises in logic: a tutorial / Ed. by V. I. Kirillov. – 6th ed., revised and enlarged. – Moscow: RG-Press, 2020. – 184 p.
8. Demidov I. V. Logic: Textbook for bachelors / Ed. by Prof. B. I. Kaverin. – 9th ed. – M.: Publishing and trading corporation “Dashkov and K”, 2020. – 346 p.
9. Lopatnikov L.I. Economic and mathematical dictionary: Dictionary of modern economic science. – 5th ed., revised. and additional – M.: Delo, 2003. – 520 p.
10. Philosophical Encyclopedic Dictionary (1983) Chief editor: L. F. Ilyichev, P. N. Fedoseev, S. M. Kovalev, V. G. Panov, 1983. [Electronic resource]. – Access mode: http://philosophy.niv.ru
ADMINISTRATIVE LAW
SHAMRIN Maxim Yurjevich
Ph.D. in Law, associate professor of Administrative law and process sub-faculty of the O. E. Kutafin Moscow State Law University (MSAL)
GALKINA Marina Vladimirovna
Ph.D. in Law, associate professor, professor of Administrative law and process sub-faculty of the O. E. Kutafin Moscow State Law University (MSAL)
THE ROLE OF BLOCKCHAIN IN PUBLIC MANAGEMENT OF AGRICULTURE
The study is dedicated to the most important revolutionary “blockchain” technology, the application of which in public administration will contribute to the improvement of all spheres of the government life. The authors analyze the role of blockchain in agriculture. The aim of the study is to form an understanding of the need for rapid implementation of blockchain technology in various areas of public administration, primarily in agriculture. Methods: logical method, analysis, comparative legal method. The necessity of using blockchain in agriculture has been proven, as it will contribute to improving the situation, particularly in ensuring the authenticity of agricultural products, as well as in reducing costs for the development of the agro-industrial complex and in ensuring security when carried out various transactions in the sale of agricultural products and their promotion on the global market. It is concluded that blockchain holds the greatest potential in solving problems related to the circulation of agricultural products, as its application allows for tracking all stages of production, processing, and delivery of products to the consumer. Thus, with a competent approach and consideration of all factors, the use of blockchain can become a catalyst for qualitative changes in the structure of Russian exports and contribute to strengthening the position of domestic producers in the international arena.
Keywords: blockchain technology, public administration, agriculture, cryptocurrency, decentralization
Article bibliography
1. Frolova E. E. Innovative instruments and new financial institutions in the field of “green” financing // Eurasian Law Journal. – 2020. – No. 12 (151). – P. 33-37.
2. Shamrin M. Yu., Galkina M. V. The role of blockchain in improving public administration // RUDN Journal of Law. – 2023. – Vol. 27. No. 4. – P. 956-968.
3. Yastrebov O. A. Artificial intelligence in the legal space: discussion and development prospects // Transformation of models of legal regulation of innovative infrastructure objects in modern law: Russian and foreign experience: monograph. – M.: Prospekt, 2021. – P. 278-309.
4. Frolova E. E. & Ermakova E. P. Legal regulation of digital financing in Russia and foreign countries // Advances in Research on Russian Business and Management. – 2022. – P. 309-322.
5. Peng T. Tencent Builds Blockchain Platform for China’s Oldest Wine Producer. [Electronic resource]. – Access mode: https://cointelegraph.com/news/tencent-builds-blockchain-platform-for-chinas-oldest-wine-producer (access date: 08/23/2024).
6. Rusakova E. P., Frolova E. E., Gorbacheva A. & Kupchina E. V. Implementation of the smart-contract construction in the legal system of Russia. 6th International Conference on Education, Social Sciences and Humanities. – 2019. – P. 748-753.
7. Rusakova E. P., Frolova E. E., Gorbacheva A. I. Digital rights as a new object of civil rights: issues of substantive and procedural law. Advances in Intelligent Systems and Computing. – 2020. – (1100). – P. 665-673.
8. Rusakova E. P., Frolova E. E. Digital disputes in the new legal reality // RUDN Journal of Law. – 2022. – No. 26 (3). – P. 695-704.
MUNICIPAL LAW
PRIVALOVA Ekaterina Alexeevna
postgraduate student of the Faculty of Law of the Mari State University, Yoshkar-Ola
ON THE INTERACTION OF LOCAL SELF-GOVERNMENT BODIES WITH THE POPULATION AND PUBLIC INSTITUTIONS IN THE FIELD OF CONTROL ACTIVITIES
The article examines such aspects of the topic as the effectiveness of public control over the activities of municipal bodies, issues of increasing the involvement of civil society in the development of local self-government, detailing the subject of public control, issues of improving the legal regulation of the participation of representatives of civil society in the implementation of local self-government. It has been established that for effective interaction of local self-government bodies with the population, the legislator needs to make a number of amendments to Federal Law No. 212-FZ dated July 21, 2014 “On the Basics of Public Control in the Russian Federation.” The author also substantiates the need to strengthen the position of the institution of municipal public control, increase the openness and accessibility of decisions taken at the local level.
Keywords: public control, municipality, local government bodies, public associations, digital platforms, local community, population.
Article bibliography
1. Avakyan S. A. On the effectiveness of public control in the Russian Federation // Problems of implementing public control at the level of local government: collection of materials from the international scientific and practical conference, September 26-27, 2016. – Yoshkar-Ola: OOO “Vertola”, 2016. – P. 7-10.
2. Lisina N. S. Digital transformation and public control: prospects for influence // Actual problems of Russian law. – 2022. – Vol. 17. No. 6 (139). – P. 32-40.
3. Ministry of Internal Policy, Development of Local Self-Government and Justice of the Republic of Mari El. Official website. [Electronic resource]. – Access mode: mari-el.gov.ru (date of access: 19.09. 2024).
5. Mikheeva T. N. Public control: “second wind” (on the 10th anniversary of the adoption of the Federal Law “On the Fundamentals of Public Control in the Russian Federation”) // Civil Society in Russia and Abroad. – 2024. – No. 3. – P. 26-30.
7. Mikheeva T. N., Yaichnikova Yu. S. Public chambers of the constituent entities of the Russian Federation: new trends and prospects // Legal world. 2015. – No. 1. – P. 18-21.
CIVIL LAW
GALIMBEKOVA Dana Ayratovna
specialist in support of the state program of the Federal State Budgetary Institution “All-Russian Scientific Research Institute of Radioelectronics” (Graduate of the A. N. Kosygin Russian State University, Maimonides Academy of Sciences)
MECHANISMS FOR ENSURING AND PROTECTING INDIVIDUAL RIGHTS IN RELATIONS WITH THE USE OF AI
In the article, the author defines the main mechanisms for protecting individual rights using artificial intelligence (AI). Proves the evidence of the need to develop modern legislation in relation to AI. The method of legal analysiss is used in the work. The article is based on a rich source material. As a result of the research, the author comes to the conclusion about the imperfection of legal mechanisms both in Russia and in foreign practice, about the need to introduce international standards in the legal regulation of relations with AI.
Keywords: artificial intelligence, units, beneficiaries, discrimination, certification, ethical and legal mechanisms.
Article bibliography
1. Morhat P. M. “Legal personality of artificial intelligence in the field of intellectual property law: civil law problems”: Dis. … Doctor of Law: 12.00.03; Scientific Consultant Ponkin I. V.; FGBO RGAIS. Moscow, 2018. 420 p.
2. Cherdantsev A. F. Integrative misunderstanding of law // Journal of Russian Law. 2016. No. 10. P. 12-13.
CIVIL LAW
DREVAL Lyudmila Nikolaevna
Ph.D. in Law, professor of the Institute of Law of the Pacific National University, Khabarovsk
GLUSHIN Dmitriy Yaroslavovich
student of the Institute of Law of the Pacific National University, Khabarovsk
KANAKAEVA Karina Vladimirovna
student of the Institute of Law of the Pacific National University, Khabarovsk
LEGAL REGULATION OF POSTHUMOUS DONATION IN THE RUSSIAN FEDERATION: SOME ASPECTS
The article attempts to consider donation as an object of legal regulation. Some problems in this area of public relations have been investigated, for example, those related to obtaining consent for organ removal during posthumous donation, creating a database (donors and recipients), and the formation of special services (including trained surgical teams). The authors formulate proposals aimed at improving the current situation. Entities of the principles of donation, their functions were also considered, as well as a conclusion was formulated about the special role of the principles of legal regulation of posthumous donation for law enforcement practice. These proposals should significantly simplify the procedure for posthumous donation.
Keywords: legal regulation, problem, legislator, posthumous donation, organ and tissue transplantation, specialist, healthcare, presumption of consent, verification, court, judicial proceedings, registry, personal data.
Article bibliography
1. Federal Law “On burial and funeral business” of 12.01.1996 No. 8-FZ (latest revision) January 12, 1996 No. 8-FZ.
2. Law of the Russian Federation “On transplantation of organs and (or) human tissues” of 22.12.1992 No. 4180-1 (latest revision).
3. Definition of the Constitutional Court of the Russian Federation of 04.12.2003 No. 459-O “On refusal to accept for consideration the request of the Saratov Regional Court to verify the constitutionality of Article 8 of the Law of the Russian Federation “On the transplantation of organs and (or) human tissues”.
4. Order of the Ministry of Health No. 738n, RAS No. 3 dated 11/10/2022 “On approval of the list of medical organizations that collect, procure and transplant human organs and (or) tissues”.
CIVIL LAW
ZHILENKOVA Tatyana Valerjevna
associate professor of Civil law sub-faculty of the East Siberian Branch of the Russian State University of Justice, Irkutsk
PECULIARITIES OF DETERMINING THE AMOUNT OF COMPENSATION FOR VIOLATION OF THE EXCLUSIVE RIGHT TO GEOGRAPHICAL INDICATIONS
The article is devoted to the study of the material and procedural aspects of the influence of the construction of the exclusive right to geographical indications on the recovery of compensation in case of violation of the interests of copyright holders. The author draws attention to the fact that in the conditions of a plurality of autonomous copyright holders and the inadmissibility of artificial multiplication of liability, the algorithm for determining the amount of compensation for violation of the exclusive right to geographical indications acquires significant differences from a similar algorithm when deciding on the recovery of compensation in favor of a single copyright holder.
Based on the analysis of legislation, materials of judicial practice, scientific literature, a conclusion is made about a two-stage process of determining the amount of compensation for violation of the exclusive right to geographical indications. The author proposes an approach to determining the share of the plaintiff-copyright holder.
Keywords: geographical indications, exclusive right to geographical indications, plurality of rights holders, protection of the exclusive right to geographical indications, compensation for violation of the exclusive right to geographical indications, liability for violation of the exclusiveright to geographical indications.
Article bibliographic list
1. Commentary on Part Four of the Civil Code of the Russian Federation (chapter-by-chapter) / Ed. by A. L. Makovsky. – M .: “Statut”, 2008. – 715 p., SPS Consultant Plus.
2. Labzin M. V. Ownership of the exclusive right to the same object by different persons // Patents and licenses. – 2008. – No. 4. – P. 35-42.
3. Polozova D. Quasi-exclusive right as an intellectual right // Intellectual property. Copyright and related rights. – 2016. – No. 5. – P. 11-18. [Electronic resource]. – Access mode: https://www.elibrary.ru/download/elibrary_25829429_64876382.pdf.
4. Ryazantseva M. V., Turkina A. E. Certain issues of application of compensation for violation of rights to names of places of origin of goods and geographical indications // Journal of the Court on Intellectual Property Rights. – 2021. – No. 4 (34). – P. 34-40. [Electronic resource]. – Access mode: http://ipcmagazine.ru/legal-issues/selected-issues-of-application-of-compensation-for-infringement-of-rights-to-appellations-of-origin-and-geographical-indications.
CIVIL LAW
KOZHAHMETOVA D ina Anvarovna
LTD “Legal company “People’s law””, general director
SOME PROBLEMS OF NEW OBJECTS OF CIVIL RIGHTS IN THE LEGISLATION OF THE KYRGYZ REPUBLIC
The article discusses issues related to the emergence of the so-called new or non-traditional objects of civil rights. The author proposes his own approach to the classification of such objects into pre-existing objects that did not have the attributes of an object, and into newly created objects that appeared due to scientific and technological progress. The author notes that in the legislation of the Kyrgyz Republic, certain objects receive a corresponding normative consolidation, and this often happens within the framework of public law. The author examines the existing list of objects of civil rights, conducts a comparative study of objects involved in civil circulation in other countries, concludes that it is necessary to improve the regulatory framework of the legal regime of one or another object. The article notes that the constant emergence of new objects of civil rights is a phenomenon of legal reality, due to changing socio-economic conditions.
Keywords: an object; right; new object; unconventional object; classification; animals; energy; waste.
Article bibliographic list
1. Fishing E. A. Animals in the system of objects of civil rights [Text] // Gaps in Russian legislation. – 2018. – No. 3. – P. 162-164.
2. Merenkov S. Energy as an object of civil rights [Text] // Territory of Science. – 2014. – No. 1. – P. 190-194.
3. Petrovsky N. M., Mazurova L. I., Korchagin A. G. Cryptocurrency and current problems of objects of civil rights [Text] // Theology. Philosophy. Law. – 2018. – No. 5. – P. 18-26.
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
THE IMPORTANCE OF THE PRINCIPLES OF CIVIL LAW IN THE APPLICATION OF LAW BY ANALOGY AND LAW
The article discusses the role and significance of the principles of civil law in the application of law by analogy and law. Based on such features as interdependence and interconnectedness, it is concluded that it is necessary to use these institutions in judicial practice through the prism of moral and ethical principles that provide freedom of interpretation, which does not contribute to uniform practice in dispute resolution. A recommendation is given on the possibility of updating the Plenum of the Supreme Court of the Russian Federation No. 25 dated June 23, 2015 “On the application by Courts of certain Provisions of Section I of Part One of the Civil Code of the Russian Federation”.
Keywords: principles of law, analogy of law, analogy of law, civil relations
Article bibliographic list
1. Civil Procedure: Textbook. 2nd ed., revised and enlarged. / Ed. by M.K. Treushnikov. – M .: OJSC “Gorodets Publishing House”, 2007.
2. Lavdarenko L.I., Rudykh S.N. Principles of Law and Their System // Actual Problems of Russian Law. – 2018. – No. 10 (95).
3. Voplenko N.N. Mechanism for Forming Ideas about Legal Justice // Legal Concept. -2012. – No. 2.
4. Vronskaya M. V., Civil Law: textbook. – M.: Justice, 2022. – P. 303.
5. Lazarev V. V. Gaps in the Law and Ways to Eliminate Them: monograph. – repr. ed. – M.: Norma: INFRA-M, 2019.
6. Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation of April 27, 2010 N 67/10 // SPS Garant [Electronic resource].
7. Principles of thecivil law and their implementation / Ed. by G. S. Demidova, T. P. Podshivalov. – M .: Prospect, 2017 .– 352 p.
8. Decision of the Pervomaisky District Court of Vladivostok dated July 30, 2021 in case No. 2-2047/21 // SPS Garant. [Electronic resource].
CIVIL LAW
OVCHINNIKOV Sergey Nikolaevich
Ph.D. in Law, associate professor of Theory and history of state and law sub-faculty of the Law School of the Far Eastern Federal University, Vladivostok
THE CODE OF MERCHANT SHIPPING IN THE SYSTEM OF RUSSIAN LEGISLATION
The object of the study is the Code of Merchant Shipping (hereinafter referred to as the KTM of the Russian Federation) as the main legislative act of merchant shipping. The KTM of the Russian Federation entered into force on May 1, 1999, replacing the Code of Merchant Shipping of the USSR in 1968. Over the 25 years of its operation, it has undergone significant changes. The development and improvement of the KTM of the Russian Federation involves the study of its place in the system of Russian legislation, the analysis of its horizontal and vertical links. For this purpose, the correlation of the norms contained in the KTM of the Russian Federation with the norms of other federal codes and laws, with acts of lesser legal force, is considered. Determining the place of the KTM of the Russian Federation in the system of Russian legislation is also connected with the consideration of maritime law in the system of Russian law.
Within the framework of this scientific work, the position on the complex nature of the KTM of the Russian Federation as an act containing norms of various branches of law, primarily civil and administrative, was supported and additionally substantiated; the idea of publishing the Transport Code of the Russian Federation and the proposal to consider the KTM as an act of economic legislation were criticized; some problems of the correlation of the KTM of the Russian Federation with acts of federal executive authorities were identified regulating relations in the field of maritime law, in particular, in the field of the organization of state supervision of merchant shipping; the inconsistencies of the norms of the KTM of the Russian Federation with the norms of the Civil Code of the Russian Federation, in particular, concerning the mortgage of ships and conflict of laws, are indicated and options for their resolution are proposed.
Keywords: merchant shipping Code, Maritime Law, complex branch of legislation, the system of Russian legislation, consistency of legislation, civil legislation, the Civil Code of the Russian Federation, mortgage of marine vessels, Transport Code of the Russian Federation.
Article bibliographic list
1. Gutsulyak V. N. Actual problems of Russian maritime law, its current state and development trends // State and Law. – 2017. – No. 9. – P. 74-92.
2. Shirkevich E. A. Merchant Shipping Code as an act of economic legislation. In the collection: The Rule of Law: Man in the State. Collection of scientific articles, reports of the All-Russian scientific and practical conference with international participation. – Izhevsk, 2019. – P. 713-716.
3. Bazhina M. A. Transport Code of the Russian Federation – “scientific extremism” or a natural requirement for the development of legal regulation? // Business, management and law. – 2021. – No. 1 (49). – P. 42-44.
4. Bazhina M. A. Quality level of transport legislation of the Russian Federation // Russian law: education, practice, science. – 2021. – No. 3. – P. 59-66.
5. Moroz S. P. On the systematization of transport legislation of the Republic of Kazakhstan // Bulletin of the Institute of Legislation of the Republic of Kazakhstan. – 2008. – No. 4 (12). – P. 38-43.
6. Strelnikova I. A. Problems of legal regulation of transport activities // Modern law. – 2012. – No. 1. – P. 96-102.
7. Dmitriev S. N. Main directions of improvement of the Merchant Shipping Code of the Russian Federation // Transport law. – 2011. – No. 1. – P. 8-17.
8. Rodionov G. E. Total control or petty supervision? Problems of implementation of state control and supervision over compliance with legislation in the field of merchant shipping // Innovations. Science. Education. – 2021. – No. 25. – P. 193-203.
9. Petrov A. A. Issues of overcoming collisions of norms of codes establishing their own priority // Bulletin of St. Petersburg University. Law. – 2019. – No. 1. – P. 4-23.
10. Shashorin A. A Mortgage of sea-going vessels and maritime lien // Law. – 2006. – No. 12. – P. 46-54.
11. Babkin S. A. Mortgage of sea-going vessels: International Convention on Maritime Liens and Mortgages of 1993 and the implementation of its provisions in Russian legislation // International public and private law. – 2001. – No. 2. – P. 21-25.
CIVIL LAW
POTAPENKO Sergey Viktorovich
Ph.D. in Law, professor, professor of Civil process and international law sub-faculty, Dean of the A. A. Khmyrov Faculty of Law of the Kuban State University, Krasnodar
COMPENSATION FOR MORAL DAMAGE AS A CIVIL LAW METHOD OF JUDICIAL PROTECTION OF PERSONAL NON-PROPERTY COPYRIGHTS TO WORKS OF SCIENCE
The purpose of the article is to reveal the civil and procedural aspects of judicial protection of personal non-proprietary copyrights to works of science using compensation for moral damage in comparison with the norms of Chinese copyright.
Based on this goal, the task of the study is to identify the features and specifics of compensation for moral damage as a civil law method of judicial protection of personal non-property copyrights to works of science.
The methodological basis of this research is the dialectical method of scientific knowledge, formal legal, comparative legal, system analysis, as well as a comparative legal method in relation to the legal regulation of copyright in Russia and China, supporting the World Copyright Convention and the Berne Convention, and allowing to identify the features and specifics of judicial protection of personal non-proprietary copyrights to works of science.
Conclusions: Copyright in an objective sense is a sub-branch of civil law (a system of norms) regulating property and personal non-property social relations arising in connection with the creation and use of works of science, literature and art.
Copyright in the subjective sense is a set of subjective rights (powers) that authors have when creating and using works of literature, science and art, including their judicial protection.
Personal non-property rights are the right of authorship (Article 1265 of the Civil Code of the Russian Federation), the right to a name (Article 1265 of the Civil Code of the Russian Federation) and other personal non-property rights: the right to inviolability of the work (Article 1266 of the Civil Code of the Russian Federation), the right to publish the work (Article 1268 of the Civil Code of the Russian Federation).
Taking into account the traditional division of personal non-property relations into 2 types – related and unrelated to property relations, the conclusion is substantiated that authorship relations are related to property relations.
The personal non-property rights of authors to works of science are subject to civil judicial protection using, among other things, such its most effective method as compensation for moral damage.
Keywords: works of science, copyright, intellectual property rights, personal non-property rights, compensation for moral damage, judicial protection of copyrights.
Article bibliography
1. Vitko V. S. Review of the book by E. P. Gavrilov “Intellectual Property Law. General Provisions. XXI century” // Intellectual Property. Copyright and Related Rights. – 2017. – No. 12.
2. Gavrilov E. P. Intellectual Property Law. General Provisions. XXI century. – M.: Yurservitum, 2015.
3. Gavrilov E. P. Soviet copyright: basic provisions, development trends. – M.: Nauka, 1984.
4. Erbakhaev E. A. On personal non-property relations in the civil law of the Russian Federation, Germany and the People’s Republic of China // Current issues of civilistics. Materials of the All-Russian scientific and practical conference with international participation dedicated to the 25th anniversary of the Faculty of Law of the Dorzhi Banzarov Buryat State University. Scientific editor S. V. Dorzhieva. – 2019.
5. Zenin I. A. Intellectual property law: textbook for universities / 11th ed., revised. and additional. – Moscow: Yurait Publishing House, 2024.
6. Lipkes A. M. Personal non-property rights of authors. Current issues and judicial practice // IP. Copyright and related rights. – 2022. – No. 5.
7. Matveev A. G. Intellectual property rights to works of science, literature and art: textbook; Perm. state national research university. – Perm, 2015.
8. Pozdnyakova E. A. Copyright: textbook and practical training for universities. – 3rd ed. – Moscow: Yurait, 2022.
9. Potapenko S. V. Interactive multimedia presentation as a digital educational resource – an object of intellectual property rights // Legal Bulletin of the Kuban State University. – 2024. – No. 1 (16).
10. Potapenko S. V. Compensation for moral damage as a method of judicial protection against defamation in Russia and England // Legal Bulletin of the Kuban State University. – 2021. – No. 1.
11. Serebrovsky V. I. Issues of Soviet copyright. – M.: Publishing House of the USSR Academy of Sciences. 1956.
12. Sukhanov E. A. Civil law of Russia – private law. – M.: Statut, 2008.
13. Shcherbak N. V. Intellectual property law: general doctrine. Copyright and related rights: textbooke for universities. – 2nd ed., revised. and additional – Moscow: Yurayt Publishing House, 2024.
CIVIL LAW
STETSENKO Valentina Yurjevna
Ph.D. in Law, professor of the St. Petersburg University of Management Technologies and Economics
KOSAREVA Vadislava Vladimirovna
Ph.D. in Law, State Institute of Economics, Finance, Law and Technology
SOME ISSUES OF RECOGNITION OF MEDICAL LAW AS AN INDEPENDENT COMPLEX BRANCH OF LAW
The article raises the question of the place of medical law in the legal system of Russia. The existing concepts of the branch of medical law are considered and analyzed. Attention is focused on the relevance and importance of full recognition of medical law both for the development of legal science and for the proper legal regulation of relations arising in the field of health protection. Based on the study of the educational process of a number of leading universities in the field of law in the country, as well as on the basis of an analysis of the statistics of the defended dissertation research, it is concluded that researchers pay extremely insufficient attention to this complex branch of law, the need for its popularization and more active introduction into the educational process of training lawyers.
Keywords: medical law, branch of law, branch of legislation, health protection, medical activity, legal regulation.
Article bibliographic list
1. Alekseev S. S. General theory of law. – M.: Legal. lit., 1981. – P. 252-259.
2. Arzhanov M. A. On the principles of constructing the system of Soviet socialist law // Soviet state and law. –1939. –№ 3. – P. 34.
3. Vvedensky B. A. The Great Soviet Encyclopedia. Volume 9. Second edition. – M., 1951. – P. 540.
4. Vnukova V. A., Madygina O. A. The subject of medical law as an independent complex branch of national law // Legal education and science. – 2020. – No. 4. – P. 6-10.
5. Vyshinsky A. Ya. The main tasks of the science of Soviet socialist law. – M .: Legal. Publishing House of the People’s Commissariat of Justice of the USSR, 1938. – P. 7-75.
6. Gavrilenko K. A. Medical law as an independent branch of law // Health of the metropolis. – 2023. – No. 3 (4). – P. 144 -149.
7. Ivanova R.I., Tarasova V.A. Subject and method of social security law // Soviet state and law. – 1983. – No. 8. – P. 107-108.
8 . Levin D. A. Medical law as a branch of law // Clusters. Research and development. – 2017. – No. 2 (7). – P. 47-52.
9. Litovka P. I. Medical law – comprehensive branch of national law of Russia // Public and private rights: problems of development and interaction, legislative expression and legal practices. –1999. – No. 3 – P. 84-85.
10. Litovka P. I., Litovka A. B. Medical law – a complex branch of national law of Russia: Formation, development prospects // Jurisprudence. – 2000. – № 1. – P. 80-83.
11. Maleina M. N. Healthcare legislation in Russia: current state and development prospects // Modern medical law in Russia and abroad. –2013. – № 3 (49 ). – P.19-34.
12. Maleina M. N. Justification of health law as a complex branch of legislation and some directions of its improvement // Medical law. –2013. – No. 6. – P. 7-14.
13. Mokhov A. A. Medical law (legal regulation of medical activity). – Volgograd: Izdvo VolSU, 2003. – P. 47-55.
14. Mokhov A. A. Genetic technologies. – M.: Contract, 2022. – P. 102-104.
15. Mokhov A. A. Concept of legal regulation of medical activity // Actual problems of Russian law. – 2023. – No. 4 (18). – P. 93-104.
16. Mokhov A. A. Medical law – an independent branch of Russian law // Law and Politics. – 2002. – No. 8. – P. 128-138.
17. Mokhov A. A. Medical law as an independent branch of national law of Russia // Modern law. – 2003. – No. 1. – P. 45-48 .
18. Orlov K. O. On the Place of Medical Care in the Legal System // Social and Political Sciences. – 2017. – No. 5. – P. 84-87.
19. Pishchita A. N . The mechanism of legal regulation in the field of medical activity (general characteristics) // Bulletin of the Russian Law Academy. – 2006. – No. 1. – P. 15.
20. Reicher V.K. Social and historical types of insurance. – M. : Publisher. Acad. sciences of the USSR, 1947. – P. 189-190.
21. Rericht A. A. Theoretical foundations of medical law: Problems of formation and development: Monograph. – M.: RAS. INION. Center of social. scientific-inform. research, 2011.
22. Sergeev Yu. D., Pishchita A. N., Goncharov N. G. On the issue of the place of medical law in the modern legal system of the Russian Federation // Scientific t. of the II All-Russian Congress (National Congress) on medical law. – 2003. – No. 5. – P. 103.
23. Sitdikova L. B. Medical law as an independent branch of law: development prospects // Bulletin of the Moscowskov city pedagogical university. – 2015. – No. 17 (1). – P. 80-88.
24. Stetsenko S. G. Medical law. – St. Petersburg: Legal center Press, 2004. – P. 20-23.
25. Stetsenko S. G., Pishchita A. N., Goncharov N. G. Essays on medical law. – Moscow: Central Clinical Hospital of the Russian Academy of Sciences, 2004. – P. 55-57.
26. Shishkov S. Will there be a Medical Code in Russia? // Russian Justice. – 1997. – No. 1. – P. 39.
CIVIL LAW
SHVARTS Larisa Vladimirovna
Ph.D. in Law, associate professor of Civil and labor law sub-faculty of the North-West Institute of Management of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation, St. Petersburg
FEATURES OF ACCEPTANCE OF WORKS UNDER THE CONSTRUCTION CONTRACT
The article presents a systematic review of the norms of the Civil Code of the Russian Federation and judicial practice concerning the specifics of the execution of a construction contract in terms of acceptance of completed works. It is proposed to establish in the law the obligation of the party who refused to sign the act to submit objections to the other party under the act within a clearly defined period, specifying the consequences of non-fulfillment of this obligation. The author also substantiates the need to develop and fix at the legislative level a list of conditions for unilateral refusal.
Keywords: the act of delivery and acceptance of works, a bilateral act, a construction contract, the customer, delivery and acceptance of works, a unilateral act, refusal to sign the act, refusal to accept works, the contractor.
Article bibliography
1. Aistov A. G. On the issue of practical implementation of contractor savings // Scientific interdisciplinary research: collection of articles of the XV International scientific and practical conference, Saratov, June 10, 2021. – Moscow: “KDU”, “Dobrosvet”. – 2021. – P. 262-266.
2. Brosalina A. A. Construction contract: issues of theory and practice // Issues of Russian justice. – 2021. – No. 14. – P. 141-156.
3. Commentary on § 1, 3 and 4 of Chapter 37 “Contract” of the Civil Code of the Russian Federation / Ed. N. B. Shcherbakov. – Moscow: Statute, 2019. – 550 pp.
CIVIL LAW
CHIZHIKOVA Anna Vasiljevna
senior lecturer of Civil and international law sub-faculty of the admiral F. F. Ushakov State Maritime University, Novorossiysk
strong>MAMEDOVA Renata Ramazanova
cadet of the group 1733-u“Juricprudence” of the admiral F. F. Ushakov State Maritime University, Novorossiysk
PROBLEMS OF THE LEGAL REGULATION OF UNMANNED AERIAL VEHICLES IN MILITARY OPERATIONS
This article considers the technological development, which arose in military environment, became a source of ideas and achievements in various fields of knowledge, and you can see that in the case of drones. This type of remote control device is being used in various sectors of civil use, which opens up new business opportunities. The models associated with this technology. The various applications required a vehicle design with different configurations, which leads to the need to establish a number of classification parameters, which depend on the degree of technical complexity. Degree of complexity. As an emerging technology, they face regulatory, ethical and social constraints that create challenges for their implementation. This article attempts to summarize the main information related to UAV (Unmanned Aerial Vehicle, abbreviated UAV) as a developing technology. This is a potential for use in many production sectors. It also provides a brief overview of the progress in the development of this type of vehicle and related systems at the local level.
Keywords: drones, strike, military operations, drone, drones, ABS, UAV, RPAS, UAV.
Article bibliography
1. Barnhart R.K., Hotman S.B., Marshall D.M., Shappi E., Introduction to Unmanned Aircraft Systems, CRC Press, 2012, ISBN 978-1-4398-3520-3, 215 pp.
2. Ivanova I.A., Nikonov V.V., Tsareva A.A. Methods of organizing the control of unmanned aerial vehicles // Actual problems of the humanitarian and natural sciences. 2014. No. 11-1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sposoby-organizatsii-upravleniya-bespilotnymi-letatelnymi-apparatami (date of access: 24.06.2024).
3. Pavlov R. A., Savelyev K. P. Use of unmanned aerial vehicles in modern military conflicts. – Text: direct // Young scientist. 2022. No. 51 (446). P. 48-50. [Electronic resource]. – Access mode: https://moluch.ru/archive/446/98257/ (date of access 23.06.2024)
CIVIL PRAVO
YASTREMSKIY Ivan Anatoljevich
Lawyer of the Leningrad regional bar association, branch of the Law Firm “Pelevin and Partners”
THE LEGAL SIGNIFICANCE OF A FORENSIC MEDICAL EXAMINATION OF A PATIENT’S DISPUTES WITH A PLASTIC SURGERY CLINIC
The article examines the legal significance of forensic medical examination of disputes between a patient and a plastic surgery clinic. The concept and consequences of defects in medical care are revealed. The grounds of the proceedings, the concept, the essence of the forensic medical examination are given, its significance for the fair resolution of a civil case is analyzed. The issues for which the forensic medical examination is necessary have been clarified. It is noted that failure to comply with the procedures and standards of medical care does not always mean its defect. It was revealed that the main condition for recognizing a medical care defect in the expert opinion is a violation by a doctor of the rules of medical manipulation technique. Examples from judicial practice are considered, confirming that the patient should be aware of the risks that plastic surgery entails, and failure to achieve the result of the operation expected by the client does not always mean that the defendant provided a service of appropriate quality. The result of the operation is related to the specific clinical situation, the characteristics of the plaintiff’s body. If it follows from the expert opinion that the defendant committed defects in the provision of medical care, the court will recognize that the plaintiff received a substandard service. It is concluded that in such cases, experts involved in the court should first establish the fact of the inadequate quality of this service, and then its consequences.
Keywords: plastic surgery, medical care, operation , forensic medical examination, examination, expert, harm to health, defect of medical care, causal relationship.
Article bibliography
1. Bozhchenko A. P. Professional offenses of medical workers: problems and trends in the appointment, production and evaluation of forensic medical examinations // Medical Law. 2022. No. 4. P. 3-7; 2023. No. 1. P. 6-10.
2. Ershova G.V. , Parfenov Yu. A., Sapozhnikov K. V. Forensic medical examination of the assessment of the severity of harm to health in modern criminal proceedings // Russian investigator. 2019. No. 11.
3. Zhukov S. P., Viter V. I. Legal assessment of medical evidence. Izhevsk, 2004.
4. Kovalev A. V. The procedure for conducting a forensic medical examination and establishing causality investigative links on the fact of failure to provide or improper provision of medical care: methodological recommendations. Moscow: RCSME, 2015.
5. Kratenko M. V. The problem of uncertainty of causal relationship in “medical cases” and ways to solve it. (On the issue of evidentiary value expert opinion) // Forensic medical examination. 2022. No. 1.
6. Prakhova A. Yu. The problem of causality in forensic medical assessment of violations committed in the provision of medical care // Current issues of forensic medical examination. The view of young scientists: Proceedings of the IX All-Russian (with international participation) scientific and practical conference of students, residents, graduate students, young scientists, dedicated to the year of science and technology in the Russian Federation, (April 30, 2021, Perm) / Ed. K. V. Shevchenko, D. V. Borodulina. Perm, 2021.
7. Starchikov M. Yu. Civil regulation of relationships in the field of health care: problematic issues and judicial practice: scientific and practical manual // SPS ConsultantPlus. 2022 .
8. Timofeev I. V. Cause-and-effect relationships between medical intervention and negative outcome in clinical practice (medical aspect of the problem and analytical conclusion – message 2) // Medical law. 2022. No. 1.
CIVIL LAW
ABBUD Raul Ratebovich
Postgraduate student of the Department of Civil Law and Procedure, Institute of Law and National Security of the Russian Presidential Academy of National Economy and Public Administration
DICHOTOMY OF THE ESSENCE OF THE HUMAN RIGHT TO IMAGE
The article is devoted to the current problem of the essence human rights to an image in Russian law. The article analyzes domestic legislation and doctrine, as well as legal regulation and doctrine of the United States on the subject of this article. Based on the conducted research, the author identifies two opposing approaches to understanding the essence of human rights to an image, which determine the dichotomy. The author also suggests a third approach as the most suitable for Russian law and corresponding to the modern realities of civil circulation.
Keywords: dichotomy, essence, human right to an image, the right of publicity, the right to publicityb, identity, intangible benefits.
ABBUD Raul Ratebovich
postgraduate student of Civil law and process sub-faculty of the Institute of Law and National Security of the Russian Presidential Academy of National Economy and Public Administration
THE DICHOTOMY OF THE ESSENCE OF THE HUMAN RIGHT TO AN IMAGE
The article is devoted to the actual problem of the essence of the human right to an image in Russian law. The article analyzes the domestic legislation and doctrine, as well as the legal regulation and doctrine of the United States about this article. Based on the research conducted, the author generates two opposite approaches to understanding the essence of the human right to an image, which determines the dichotomy. The author also suggests a third approach as the most suitable for Russian law and meeting the modern realities of civil turnover.
Keywords: dichotomy, essence, the human right to an image, the right of publicity , identity, intangible benefits.
Article bibliographic list
1. Lazarenkova O. G. The right of a citizen to an image in the system of personal non-property rights // Leningrad Law Journal. 2021. No. 1 (63 ) P. 98-107.
2. Maleina M. N. Personal non-property rights of citizens (concept, implementation and protection): dissertation for the degree of Doctor of Law: 12.00.03; Moscow State Law Academy. Moscow, 1997. 431 p.
3. Mograbyan A.S. The external appearance of an individual as an object of the subjective right to the inviolability of external appearance // Bulletin of VolSU. 2011. Series 9. Issue 9. P. 102-106.
4. Puchkov V. O. The main problems of the digital image of the subject of civil law in the civilistic doctrine and judicial practice // Arbitration disputes. 2020. No. 3. P. 14.
5. Tolstoy V. S. Personal non-property legal relations [ Electronic resource]. – Electronic, text data. – [M.]: Publishing house of the Academy of advanced training and vocational retraining. education workers, 2009. – Access from the reference and legal system “ConsultantPlus”.
6. Daniel Gervais and Martin L. Holmes, Fame, Property & Identity: The Purpose and Scope of the Right of Publicity // Fordham Intell. Prop. Media & Ent. L.J. 2014. Vol. 25. No. 1. P. 268-313.
7. Jennifer E. Rothman. The right of publicity’s intellectual property turn // Columbia journal of law & the arts. 2019. P. 277-319.
8. J. Thomas McCarthy. The rights of publicity and privacy § 1:3 (2d ed. 2011).
9. Melville B. Nimmer. The Right of Publicity, 19 Law and contemporary problems. 1954. P. 203-223.
10. Michael Madow. Private Ownership of Public Image: Popular Culture and Publicity Rights // California law review. Vol. 81:125.1993. P. 125-240.
CIVIL LAW
ABROSIMOV Dmitriy Alexandrovich
assistant of Civil law sub-faculty of the V. F. Yakovlev Ural State Law University, Master of Private Law (RSPL)
THE RIGHT TO DEMAND THE REPURCHASE OF SHARES OWNED BY SHAREHOLDERS AS A WAY TO PROTECT VIOLATED RIGHTS
This article is devoted to the analysis of some problems that arise when exercising the right to demand the repurchase of shares owned by shareholders in accordance with the provisions of article 75 of the Federal Law on Joint Stock Companies. The author draws at-tention to new trends in judicial practice on the issue of share repurchase. Attention is fo-cused on doctrinal discussions about the legal nature of this method of protection, including in connection with the purchase with the problem of determining a fair price.
In addition to general scientific research methods – methods of materialistic philosophy and formal logic, the legal method of interpretation is used. An appeal to the context of civil law literature, examples of law enforcement interpretation of regulations and consideration-ation of theoretical and legal and civil law representations allowed us to present the author’s view of the subject under consideration, as well as highlight the advantages and disad -vantages of existing solutions to the analyzed problem.
The main conclusions of the research conducted are that in the case of a dispute over the redemption price, Article 1102 of the Civil Code of the Russian Federation acts as a more balanced solution to the problem of determining the legal basis for such a claim. The advantage of this approach over the qualification of a claim for the performance of a mone-tary obligation in kind or through Article 445 of the Civil Code of the Russian Federation, it seems, is that it allows you to move away from clarifying the issue of the nature of compensation as an integral part of some kind of individual agreement, since the implementation of a remedy against an The company already assumes that the parties have not reached a consensus on the price. In addition, a situation is conceivable in which theThe fair nature of compensation will be even less, because we are actually talking about compensation for damage caused by the loss of corporate control.
Keywords: demand for a buyout, guarantees of shareholders’ rights, exercise of the right to repurchase, disagreement with the price, claim for repurchase, shareholder de-manding a purchase, challenging the repurchase price, fair price, settlement of shareholder-ers’ disagreements, change in the share price
Article bibliography
1. Stepanov D. I., Boyko T. S. Buyout of shares from shareholders at their request and mandatory offer in judicial practice // Bulletin of the Supreme Arbitration Court of the Russian Federation. 2013. No. 4. P. 75-94.
2. Review of judicial practice on certain issues of application of legislation on business entities (approved by the Presidium of the Supreme Court of the Russian Federation on 25.12.2019) // SPS “ConsultantPlus”.
3. Glazunov A. Yu., Gorchakov D. S., Chuprunov I. S. Commentary on the Review of judicial practice on certain issues of application of legislation on business entities // Bulletin of Economic Justice of the Russian Federation. 2020. No. 10. P. 79-134; No. 11. (author of the commentary – I. S. Chuprunov).
4. Kiyashchuk I. T. Protection of the rights of shareholders and other interested parties in the process of reorganization of joint-stock companies in the form of mergers and acquisitions under the laws of the Russian Federation and the European Union. Dissertation of the candidate of legal sciences. 12.00.03. M., 2011. 153 p.
5. Besedina E.S. Coercion to conclude an agreement as a way to protect the rights of shareholders who disagree with the repurchase price of their shares // Jurist. 2021. No. 8. Pp. 9-14.
6. Kostylev K. How to determine whether the share repurchase price is fair? // Akciyonerny Vestnik. 2012. No. 9. Pp. 14-23.
7. Review of the practice of resolving disputes on transactions related to the placement and circulation of shares, approved by the information letter of the Supreme Arbitration Court of the Russian Federation dated 04/21/1998. № 33 // SPS “Consultant Plus”.
8. Glazunov A. Yu., Gorchakov D. S., Chuprunov I. S. Commentary on the Review of judicial practice on some issues of application of legislation on business entities // Bulletin of Economic Justice of the Russian Federation. 2020. № 10. pp. 79-134; № 11. pp. 101-171. (Author of the commentary – A. Yu. Glazunov).
9. Commentary on the practice of considering economic disputes (judicial and arbitration practice) / P. D. Bagryanskaya, O. A. Belyaeva, S. A. Burlakov et al.; ed. V. M. Zhukov. M .: IZiSP, CONTRACT, 2020. Issue. 27. 224 p.
10. Abramov V. Yu., Abramov Yu. V. Corporate Law: Rights and Obligations of Participants in Business Entities: A Practical Guide with Judicial Commentary. Moscow: Yustitsinform, 2021. 356 p.
11. Shitkina I. S. The Right to Redeem Shares at the Demand of Shareholders When Concluding Major Transactions // Business and Law. 2019. No. 10. Pp. 3-16.
12. Illarionova T. I. The Mechanism of Action of Civil Law Protective Measures. Sverdlovsk: Publishing House of the Ural. University, 1980. 76 p.
13. Fleishits E. A. Obligations from Causing Harm and from Unjust Enrichment. M., 1951. 239 p.
CIVIL LAW
GRISHIN Sergey Mikhaylovich
competitor of Civil law and process and international private law sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia, lawyer of the Moscow Bar Association “Intellectual Solutions”
DIGITAL HEALTHCARE IN THE EUROPEAN UNION: REGULATION AND DEVELOPMENT TRENDS
The article analyzes the key normative legal acts characterizing the development of national legislation on artificial intelligence in relation to the healthcare sector. The key advantages of the technology and development trends at the present stage are revealed. It is concluded that currently legislation on technologies based on the use of artificial intelligence is just beginning to take shape, however, a noticeable trend towards the adoption of special legal regimes regulating the process of developing and applying artificial intelligence technologies is an undoubted prospect for both intelligent systems and society.
Keywords: digital healthcare, artificial intelligence, computer vision, natural language processing, speech recognition and synthesis, intelligent decision support and promising artificial intelligence methods.
Article bibliography
1. Almanac “Artificial Intelligence”. – No. 3. – Moscow, 2019. – P. 108.
2. Beskaravaynaya T. Grigory Roytberg: the main goal of introducing the SLR is to reduce the number of medical errors / Medvestnik. 02/28/2019. [Electronic resource]. – Access mode: https://medvestnik.ru/content/news/Grigorii-Roitberg-glavnaya-cel-vnedreniya-SPPVR-snijenie-chisla-vrachebnyh-oshibok.html (date of access: 09.09.2024).
3. Gusev A. V., Dobridnyuk S. L. Artificial intelligence in medicine and health care // Information society. – 2017. – No. 4-5. – P. 89. [Electronic resource]. – Access mode: https://webiomed.ru/media/publications_files/iskusstvennyi-intellekt-v-meditsine-i-zdravookhranenii.pdf (date accessed: 09.09.2024).
4. Zapisnaya TV On the concept of development of legal regulation of relations in the field of digitalization of domestic healthcare // Jurist. – 2021. – No. 5. – P. 73.
5. Morozova Yu A. Formation of strategic priorities for innovative development of Russian healthcare in the context of digitalization: diss. … Cand. Sciences: 08.00.05 / Morozova Yulia Aleksandrova. – M., 2021. – P. 44.
6. Rafalskaya N. Artificial intelligence turned out to be more effective than doctors in diagnosing the disease. 08.08.2016. [Electronic resource]. – Access mode: https://habr.com/ru/news/372557/ (date of access: 09/08/2024).
CIVIL LAW
DALKHEEV Andrey Arkadjevich
postgraduate student of the Russian State University of Justice, chief specialist of the Department of Legal Protection and Judicial Work of “Mosenergosbyt” JSC
INTEGRITY IN ENERGY DISPUTES: REVIEW OF JUDICIAL PRACTICE
The article provides an overview of the practice of arbitration courts considering disputes in the field of energy supply in terms of the application of the principle of good faith. The most significant cases for judicial practice are given, where the Supreme Court of the Russian Federation assessed the behavior of the parties to the dispute from the point of view of good faith. The analysis of cases revealed cases where the courts did not fully correctly apply the principle of good faith, and also attached importance to the circumstances that are irrelevant for the use of this category. The main areas of application of this principle are outlined. The author formulates recommendations for consideration by the courts of the analyzed category of cases as conclusions.
Keywords: principle of good faith, energy, energy supply, energy, protection of civil rights.
Article bibliographic list
1. Kerselyan A. Presumption of good faith in property law // Civilistics. – 2019. – No. 2.
2. Konovalov A. V. Principles of civil law: methodological and practical aspects of the study: dis. …. doctor of law. sciences. – M., 2019. – P. 285.
3. Nam K. V., The principle of good faith: development, system, problems of theory and practice // I. A. Pokrovsky. – M.: Statut, 2023.
4. Fundamentals of civil law: a tutorial / Ed. by A. V. Egorov and E. A. Evstigneev. – M.: Association of graduates of the Russian School of Chemistry, 2020. – P. 124.
5. Pokrovsky I. A. The main problems of civil law. – 8th ed. – M.: Statut, 2020. – P. 260.
6. Sklovsky K. I. Application of law and the principle of good faith // Bulletin of Economic Justice of the Russian Federation. – 2018. – No. 2. – P. 99.
7. Sukhanov E. A. Review of the scientific consultant on the dissertation of Svirkov Sergey Aleksandrovich on the topic: “Civil-legal regulation in the field of energy supply”, submitted for the degree of candidate of legal sciences in specialty 12.00.03. – M., 2019. – P. 2.
8. Fogelson B. Yu. The principle of good faith in Russian judicial practice // Bulletin of Economic Justice of the Russian Federation. – 2017. – No. 9. – P. 103-116.
CIVIL LAW
ZAGLYADINA Yanina Alexandrovna
postgraduate student of Entrepreneurial law sub-faculty of the Law Faculty of the M. V. Lomonosov Moscow State University
LIABILITY FOR UNFAIR COMPETITION ASSOCIATED WITH THE UNLAWFUL USE OF INFORMATION
In the article, the author examines the types of legal liability imposed for the implementation of unfair competition related to the illegal use of information, based on an analysis of domestic and foreign legislation, law enforcement practice, and statistical data. The author proposes to introduce differentiated administrative liability for unfair competition, distinguishing between cases of discrediting, misleading and incorrect comparison with actions related to the illegal use of commercial secrets, establishing stricter sanctions for violating Article 14.7 of the Law on the Protection of Competition.
Keywords: unfair competition, discrediting, dissemination of information, reputation
Article bibliography
1. Alekseev S. S. Law: ABC – Theory – Philosophy. Experience of a comprehensive study. – Moscow, 1999. – 712 p.
2. Bratus S. N. Legal liability and legality. – Moscow, Legal Literature, 1976.
3. Ioffe O. S., Shargorodsky M. D. Questions of the theory of law. – M.: Gosyurizdat, 1961. – P. 314-318.
4. Competition law: textbook / Under the general editorship of M. A. Egorova, A. Yu. Kinev. – M.: Yustitsinform, 2018.
5. Marchenko M. N. Problems of the general theory of state and law: Textbook: In 2 volumes. 2nd ed., revised and enlarged. – M., 2016. – V. 2 // SPS “Garant”.
6.Pugatsky M. V. Legal liability as a type of state coercion // Issues of Russian and international law. – 2019. – No. 4-1. – P. 325-331.
7. Sinitsyn S. A. Subjective right to a healthy competitive environment and freedom of fair competition // Competition in a market economy: limits of freedom and restrictions: monograph / A. V. Gabov, E. E. Nikitina, S. A. Sinitsyn et al.; ed. A. V. Gabov. – M .: IZiSP; Jurisprudence, 2016.
8. Tarkhov V. A. Concept of legal liability // Jurisprudence. – 1973. – No. 2. – P. 33-40.
9. Cherdantsev A. F., Kozhevnikov S. N. On the concept and content of legal liability // Jurisprudence. – 1976. – No. 5. – P. 39-48.
CIVIL LAW
KALININ Stanislav Sergeevich
postgraduate student of Civil law and process and international private law sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
FEATURES OF THE TERMS OF A COMBINED INSURANCE CONTRACT, USING THE EXAMPLE OF A CONSTRUCTION AND INSTALLATION RISKS INSURANCE CONTRACT
This article examines the features of the terms of a combined insurance contract using the example of a construction and installation risks insurance contract in the Russian Federation. Combined insurance is a combination of different types of insurance within one contract, which allows for comprehensive insurance coverage for the client. The construction and installation risks insurance contract is one of the most common types of combined insurance in the construction industry. The article analyzes the main provisions of such a contract, including insurance coverage, insured events, insurance exclusions, the procedure for determining the insurance premium and deductible. Special attention is paid to the specifics of construction and installation projects, as well as the risks inherent in this industry. The coherent text of the abstract and keywords allows the reader to get an idea of the content and focus of the article.
Keywords: combined insurance, construction and installation risks, insurance contract, insurance coverage, insurance coverage, insured events, insurance exclusions, insurance premium, deductible.
Article bibliography
1. Civil Code of the Russian Federation (part one): from 30.11.1994 No. 51-FZ (latest revision).
2. Federal Law “On the Organization of Insurance Business in the Russian Federation” from 27.11.1992 No. 4015-1 (latest revision).
3. Rules for combined insurance of construction and installation works. [Electronic resource]. – Access mode: https://nsg-ins.ru/content/rules_of_the_combined_insurance_of_civil_and_erection_works (date of access: 14.05.2024).
4. Egorov Ya. K. State regulation of the construction industry in the Russian Federation and the issue of the need to introduce into the Russian legal order the rule on compulsory insurance of construction and installation risks. // Colloquium-journal. – 2019. – No. 14 (38). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/gosudarstvennoe-regulirovanie-stroitelnoi-otrasli-v-rossii-skoi-federatsii-i-vopros-o-neobhodimosti-vvedeniya-v-rossii-skii (date of access: 14.05.2024).
5. Comprehensive rules for insurance of property, civil liability and related risks of the company INGOSSTRAKH. [Electronic resource]. – Access mode: https://www.ingos.ru/Upload/info/pravila_property/Pr avila_KSIFL_2017.PDF. (date of access: 14.05.2024). Title from the screen.
6. Serochenkova E. A. Insurance of construction projects // Academy. – 2020. – No. 3 (54). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/strahovanie-obektov-stroitelstva (date of access: 14.05.2024).
7. Kazei I. S. On the Calculation of One Combined Tariff Net Rate in Life Insurance // Bulletin of Science and Education. – 2022. – No. 6-1 (126). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/o-raschete-odnoy-kombinirovannoy-tarifnoy-netto-stavki-v-strahovanii-zhizni (date of access: 14.05.2024).
8. Sizon Yu. E., Uglitskikh O. N., Dyshekova D. Z. Combined Life Insurance // Finance and Accounting Policy. – 2023. – No. 3 (31). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kombinirovannoe-strahovanie-zhizni (date of access: 14.05.2024).
9. Zhegalova E. V. Current state and prospects for the development of life insurance in Russia // Economic sciences. – 2020. – No. 192. – P. 97100.
10. Yanova S. Yu. Grains and chaff of modern life insurance // Finance. – 2020. – No. 11. – P. 37-44.
11. Zabbarova M. D., Firsova S. N. Ways to develop investment life insurance in Russia // Socio-economic management: theories and practice. – 2021. – No. 3 (46). – pp. 27-33.
12. Smith. Combining various types of insurance under one contract: an analysis of the features of acombined insurance agreement for construction and installation risks // Insurance Law Review. – 2019. – No. 36 (2). – R. 245-267.
13. Johnson E. Key aspects of a construction and installation risks insurance contract in the context of combined insurance agreements // Journal of Risk Management. – 2020. – No. 18 (4). – R. 432-449.
14. Brown M. Understanding the complexities of a combined insurance contract for construction projects: a case study of a construction and installation risks insurance agreement // Insurance Journal. – 2020. – No. 25 (3). – R. 178-195.
15. Davis S. Contractual provisions in a combined insurance agreement for construction and installation risks: a comparative analysis // International Journal of Insurance Law. – 2020. – No. 10 (1). – Р. 56-73.
16. Thompson, David “Legal implications of a combined insurance contract for construction and installation risks: a review of key provisions and conditions.” // Risk Management Review. – 2020. – № 12 (2). – R. 123-139.
17. Avdotyin V. P., Avdotyina M. V., Palinkash L. V. Investment insurance under external sanctions // Insurance law. – 2023. – No. 1 (98). – P. 50-56. – EDN PMBDDK.
18. Klimova V. A. Property insurance in foreign countries // Comparative legal aspects of legal relations of civil turnover in the modern world: a collection of articles of the International scientific legal forum in memory of Professor V.K. Puchinsky, Moscow, October 14, 2022 / Peoples’ Friendship University of Russia. – Moscow: Peoples’ Friendship University of Russia (RUDN), 2022. – P. 492-500. – EDN QSTZKF.
19. Mamedov A. A. Financial and legal norms – regulators of state activities in the field of insurance // Globalization and public law: materials of the IV International scientific-practical conference, Moscow, October 26, 2015 / Peoples’ Friendship University of Russia. – Moscow: Peoples’ Friendship University of Russia, 2016. – P. 130-142. – EDN WXWDZJ.
20. Rusakova E . P., Khuzzyatov A. A. Artificial intelligence as a mechanism for replenishing open contract terms // Eurasian Law Journal. – 2023. – No. 7 (182). – P. 179-184. – EDN OMXHOK.
21. Frolova E. E. New ecosystem of the financial market of the European Union: digitalization and sustainability // Bulletin of the Peoples’ Friendship University of Russia. Series: Legal Sciences. – 2020. – Vol. 24. No. 3. – P . 673-694. – DOI 10.22363/2313-2337-2020-24-3-673-694. – EDN EVPQVJ.
CIVIL LAW
KASIMOV Murad Firdusievich
magister student of Civil law sub-faculty of the Faculty of Law of the Dagestan State University, Makhachkala
SOME ASPECTS OF IMPROVING LEGISLATION ON THE LEGAL STATUS OF AN ARBITRATION ADMINISTRATOR
The article discusses aspects of reforming bankruptcy legislation, in particular, focuses on the legal status of the arbitration manager. Various expert points of view on the development of regulatory regulation in this area in the Russian Federation have been studied.
The current political and economic problems in the Russian Federation, among other things, exacerbate the risks of insolvency and bankruptcy, which actualizes the tasks of optimizing the legal regulation of the status of arbitration management.
The directions of improvement of this institution are also proposed: clarification of the requirements for the education and qualifications of arbitration managers, the legal boundaries of their competencies, requirements for the conditions of membership and participation in their self-regulatory organizations, as well as membership of these organizations in the National Association.
The scientific article takes into account and critically examines the latest legislative innovations (including draft laws) on the status and functions of arbitration managers and their organizations
Keywords: bankruptcy, arbitration manager, legal status, bankruptcy procedures.
References
1. Federal Law No. 127-FZ of 10/26/2002 (as amended on 12/25/2023) “On insolvency (bankruptcy)” // Collection of Legislation of the Russian Federation. 2002. No. 43. St. 4190.
2. . Code of Administrative Offences of the Russian Federation No. 195-FZ dated 12/30/2001 // Rossiyskaya gazeta. 2001. No. 132.
3. Gulyaevsky S. E. Prospects and consequences of reforming legislation in the field of insolvency (bankruptcy) // Innovation. Science. Education. 2021. No. 77. pp. 360-364.
4.Bill No. 1172553-7 “On Amendments to the Federal Law “On Insolvency (Bankruptcy) and Certain Legislative Acts of the Russian Federation” // ConsultantPlus
5. Legal Reference System. 4. The draft bankruptcy reform was submitted to the State Duma: [Electronic resource] // Reference-legal system “ConsultantPlus”.the legal system “ConsultantPlus”.
6. Soldatov Yu. G. Some aspects of the evolution and improvement of the insolvency (bankruptcy) system in Russia // New technologies. 2020. No. 1.Pp. 128-129.
7. Shershenevich G. F. (1863-1912). The doctrine of insolvency: Research. priv.-assoc. The cauldron. The University of G. F. Shershenevich. Kazan: type. Unita, 1890. 446 p.
CIVIL LAW
KUZMIN Anton Vlasovich
postgraduate student of Civil law and process and international private law sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
BLOCKCHAIN TECHNOLOGY: CONCEPT, FEATURES OF LEGAL REGULATION AND POSSIBILITIES OF ITS APPLICATION IN CIVIL LEGAL RELATIONS
This article makes an attempt to determine the place of blockchain technology in domestic legislation and the scope of its application by subjects of civil legal relations. The author analyzed existing scientific approaches to defining the concept of distributed registry technology. The article examines the main criteria inherent in blockchain technology, and also makes an attempt to introduce an additional criterion – globality. As a result of the analysis of the scope of application of blockchain technology in civil legal relations, the need to introduce special legislative regulation of this technology is substantiated. The author of the article comes to the conclusion that the lack of special legal regulation of blockchain technology has a negative effect associated with its use by subjects of civil legal relations.
Keywords: distributed registry, blockchain, smart contract, decentralized system.
Bibliographic list of articles
1. Swan M. Blockchain Blueprint for a New Economy. – O’Reilly Media Publishers, 2015. – 152 pp.
2. Nakamoto S. Bitcoin: A peer-to-peer electronic cash system, 2008.
3. Kot A.V. Economy without intermediaries // Economy of Belarus. – 2015. – No. 4.
4. Saveliev A. I. Some legal aspects of the use of smart contracts and blockchain technologies under Russian law // Law. – 2017. – No. 5.
CIVIL LAW
MALIUSHEV Alexander Vasiljevich
postgraduate student of the Institute of Law and National Security of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation
AUTONOMY OF THE WILL VS. “FAVOUR CONTRACTUS” PRINCIPLE ON THE EXAMPLE OF CONVERSION OF UNILATERAL REFUSAL IN A CONTRACT OF CONSTRUCTION WORK
In the paper, the author analyzes the correlation between the value of the autonomy of will of the parties to civil legal relations and the principle of favor contractus with regard to the conversion of the customer’s unilateral withdrawal from the contract of construction work. The author concludes that the prevailing approach of domestic arbitration courts on the stated issue is oversimplified. The article suggests resorting to a differentiated approach. In the work much attention is paid to the analysis of law enforcement practice of Russian arbitration courts. The author assesses the position of the Supreme Court of the Russian Federation, which changed in 2018.
Keywords: conversion, unilateral withdrawal from contract, construction contracting.
Article bibliography
1. Egorov A. V. Unilateral refusal of the customer from the contract: concentration of problems of practice // Bulletin of civil law. – 2018. – No. 3. – P. 53-102.
2. Karapetov A. G. Main trends of legal regulation of termination of a breached contract in foreign and Russian civil law: diss. … Doctor of Law. – M., 2011. – P. 337.
3. Main provisions of civil law: Article-by-article commentary to Articles 1-16.1 of the Civil Code of the Russian Federation [Electronic publication. [Edition 1.0] / A. V. Asoskov, V. V. Baibak, R. S. Bevzenko [et al.]; ed. A. G. Karapetyan. – Moscow: M-Logos, 2020. – P. 1469 .
CIVIL LAW
MILUTSKAYA Anastasiya Sergeevna
postgraduate student of Intellectual rights sub-faculty of the O. E. Kutafin Moscow State Law University (MSLA)
TRADEMARKS TROLLING AS A KIND OF ABUSE OF RIGHT: CONCEPT, SIGNS, COMPOSITION
This article discusses the phenomenon of trademark trolling in the Russian Federation. Multiple registration of trademarks in conjunction with “non-producing” activities and the subsequent filing of lawsuits for infringement of exclusive rights to trademarks, being a vivid example of abuse of right in the field of intellectual property, today deserves attention due to the prevalence of this phenomenon. The paper formulates the concept of trademarks trolling, notes the problem of qualification of this type of abuse of right, analyzes the features that can be used to qualify the actions of the right holder to apply measures to protect exclusive rights as an abuse of right. In addition, the article pays attention to the assessment of the presentation of license agreements as sufficient and appropriate evidence of the use of the trademark by the right holder in business activities.
Keywords: trademarks, abuse of right, trademark trolling, right holder, bad faith behaviour, compensation.
References
1. Afanasieva E. G., Afanasieva E. A. Trolls are found in America. And in Europe? (Analytical review) // Intellectual Property Law: Collection of scientific works / RAS. INION. Center for Social Scientific and Informational Research. Law Department; Lomonosov Moscow State University. Department of Entrepreneurial Law; Edited by E. G. Afanasyeva. M., 2017. P. 66-72.
2. Vorozhevich A.S. Borders of exclusive rights, limits of their implementation and protection. diss…Dr. of jurisprudence: 12.00.03. M., 2021. 546 p.
3. Vorozhevich A. S., Kozlova N. V. Unfair Competition or the Abuse of the Right in the Process of Trademark Registration: Characterization Problems and Ways of Protection // Lex Russica. 2017. No. 5. P. 70-82. – [Electronic resource]. – Access mode: https://doi.org/10.17803/1729-5920.2017.126.5.070-082 (accessed: 03.15.2024) [in Russian].
4. Vorozhevich A. S. Patent trolling: essence, history, legal mechanisms of struggle // Law. 2013. No. 9. P. 68-79.
5. Gribanov V. P. Implementation and protection of civil rights – M.: Statute, 2000. 414 p.
6. Review of judicial practice in cases involving the assessment of actions of trade mark right holders. Approved by the Presidium of the Supreme Court of the Russian Federation “15” November 2023 // Legal reference system “ConsultantPlus”. – [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_461874/ (accessed: 03/15/2024) [in Russian].
7. Orlova V. V. Theory and practice of individualization in the field of intellectual property: diss. …Dr. of jurisprudence: 12.00.03. M.,2005. 343 p.
8. Reference on the results of a generalization of judicial practice on the consideration of disputes concerning the early termination of the legal protection of a trade mark due to its non-use. Approved by Resolution of the Presidium of the Intellectual Property Rights Court No. SP-23/20 of 24 July 2015 // Journal of the Court of Intellectual Property Rights – [Electronic resource]. – Access mode: http://ipcmagazine.ru/official-cronicle/the-results-of-generalization-of-judicial-practice-on-disputes-on-the-early-termination-of-legal-protection-of- the-trademark-in-connection-with-its-non-use (accessed: 03/15/2024) [in Russian].
9. Decision of the Arbitration Court of Krasnodar Region dated 05 March 2022 in the case of N A32 -8379/2021 // E-justice – [Electronic resource]. – Access mode: https://kad.arbitr.ru/Document/Pdf/c71e12e7-090c-4f02-b5e8-d2e77fe64a46/aeb9da1d-8c3d-4a6a-b5ab-806660e9c8f7/A32-8379-2021_20220305_Reshenija_i _postanovlenija.pdf?isAddStamp=True ( accessed: 03/15/2024) [in Russian].
10. Decision of the Intellectual Property Rights Court of 11 December 2023 N SIP-336/2023 // E-justice – URL: https://kad.arbitr.ru/Document/Pdf/c38cece9-646f-4ea9-aa95-5c3bd1a68f09/fd31bc4c-de79-4b17-a578-51efa2757e9c/SIP-336-2023_20231211_Reshenija_i_postanovlenija .pdf?isAddStamp=True ( (accessed: 15.03 .2024) [in Russian].
11. Sednev V. A. Patent trolling: concept, mechanisms of struggle // Journal of the Court of Intellectual Property Rights. 2020. No. 4 (30). Electronic resource]. – Access mode: http://ipcmagazine.ru/patent-law/patent-trolling-concept-fight-mechanisms (accessed: 03/15/2024) [in Russian].
CIVIL LAW
OVSEPYAN Tatevik Robertovna
postgraduate student of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia)
PROBLEMS OF PROTECTING THE RIGHTS AND LEGITIMATE INTERESTS OF NFT CREATORS IN THE FASHION WORLD
Digital transformation inevitably has an impact on all spheres of life, including the global fashion industry. With the advent of new technologies and digital platforms, fashion brand owners and designers are faced with the need to adapt to changing realities. This process has profound implications not only for the business itself, but also for the policy that determines the rules of the game in the global fashion market and the relevant legal regulation.
In this article, we will look at how digital transformation, in the context of the rapid development of digital technologies and their implementation in various aspects of the economy, affects the protection of the rights and legitimate interests of NFT product owners in the global fashion industry. In addition, the directions for the development of legislation are determined in order to improve private law norms.
Keywords: digitalization, development trends, digital technologies as an object of legal protection, fashion industry, digital law, NFT, object of intellectual property.
Article bibliographic list
1. Civil Code of the Russian Federation (part four) dated December 18, 2006 No. 230-FZ (as amended on June 13, 2023 ) // Collection of legislation of the Russian Federation. – 25.12.2006. – No. 52 (part 1). – Art. 5496.
2. Order of the Government of the Russian Federation of March 16, 2024 No. 637-r “On approval of the strategic direction in the field of digital transformation of public administration” // Collection of Legislation of the Russian Federation. – March 25, 2024. – No. 13. – Art. 1837.
3. On draft federal law No. 126586-8 “On Amendments to Article 1225 of Part Four of the Civil Code of the Russian Federation (in (part of the expansion of the list of protected results of intellectual activity in the form of non-fungible tokens)”. [Electronic resource]. – Access mode: https://base.garant.ru/407964191/ (date of access: 09/03/2024).
4. First Amendment of the US Constitution / Bill of Rights. [Electronic resource]. – Access mode: https://www.state.gov/wp-content/uploads/2020/02/Russian-translation-U.S. -Bill-of-Rights.pdf (date accessed: 03.09.2024).
5. Case 1:22-cv-00384: Hermès international, inc. & mason rothschild / United States district court southern district of New York . [Electronic resource]. – Access mode: https://www.schwimmerlegal.com/wp-content/uploads/sites/833/2022/01/sdny-hermes-v-rothschild-complaint.pdf (date of access: 03.09 .2024).
6. The official Hermes online store / Hermès USA. [Electronic resource]. – Access mode: https://www.hermes.com/us/en/ (date of access: 09/03/2024).
CIVIL LAW
RAZDOBUDKO Vladimir Olegovich
postgraduate student of the Baikal State University, Irkutsk, Senior Assistant Prosecutor of the city of Bratsk, Irkutsk region
PUBLIC LEGAL ENTITY AS A TENANT OF A FOREST PLOT
The article contains the possibility of participation of public legal entities as tenants of forest plots. Legal and scientific aspects of this problematic are studied. The authors investigates scientific approaches to the definition of tenants of forest plots in relation to public legal entities. The issue of participation of public legal entities in a forest lease agreement is considered both taking into account the general provisions on the lease of real estate and the provisions of forest legislation. The legal status of public legal entities as participants in forest relations is being investigated. The issue of granting forest plots to public legal entities, depending on the objectives of forest management, is being considered. The issue of validity of the lease agreement for a forest plot in which the tenant is a public legal entity is being studied. The author concludes that it is impossible for public legal entities to participate as tenants of forest plots.
Keywords: forestland lease agreement, lessee, public legal entity, the Russian Federation, subjects of the Russian Federation , municipal authority.
Article bibliographic list
1. Bykovsky V.K. Legal regulation of forest use on forest fund lands: diss. … candidate of legal sciences. – M., 2008 .
2. Melnikova Yu. V. Legal regulation of transactions with forest plots: dis. … candidate of legal sciences. – M., 2009.
3. Galishin E. U. Features of leasing forest plots: Author’s abstract. diss. … candidate of legal sciences. – M., 2008.
CIVIL LAW
ROZHMANOVA Anastasiya Alexandrovna
postgraduate student of Civil law and process sub-faculty of the Institute of Law of the Belgorod State National Research University
GENETIC TECHNOLOGIES IN AGRICULTURAL PRODUCTION: PROSPECTS AND CHALLENGES
The article discusses complex issues related to the regulation of the use of genetically modified organisms in Russia. The study draws attention to the existing gaps in the legislation regulating this area and highlights the negative impact of prohibitive measures in the field of genetic engineering on ensuring the biological safety of the country. Given climate change, the need to use genetically modified products and accelerate genetic research is becoming obvious. The study conducted a comparative analysis of international norms and Russian legislation on the study and application of GMO technologies and products, which revealed an imbalance in the legal regulation of this area in Russia, which reduces its competitiveness in the global market.
Keywords: GMO, GM plants, GM products, agriculture, legal regulation, Cartagena Protocol, genetic technologies, biological safety, genetic engineering.
Article bibliography
1 . Barabanova L. V., Kovtun E. V. Study of erections of genetically modified soybeans in Drosophila and mice // Ecological Genetics. 2015. Vol. 13 (2). P. 136-141. DOI: 10.17816/ecogen|32136-141
2. Gagarina I. N., Gneusheva I. A., Gorkova I. V., Kostromicheva E. V., Pavlovskaya N. E., Solokhina I. Yu. Antioxidant system in genetically modified soybeans during seed germination // Bulletin of the Irkutsk State Agricultural Academy. 2018. No. 88. P. 13.
3. Zakirova G. Sh., Papunidi K. Kh., Kadikov I. R., Semenov E. I. . The influence of diets containing genetically modified soy on the body of animals // Veterinary doctor. 2019. No. 2.
4. Mikhailova Elena Vladimirovna, Kuluev Bulat Razyapovich, Khaziakhmetov Rashit Mukhametovich Evaluation of the possibility of hybridization of genetically modified rapeseed with related non-transgenic plants // Ecological Genetics. 2015. No. 2.
5. Sinelnikova V. N . Genetically modified organisms and biomedical cellular products as objects of intellectual property // Judge. 2016. No. 2 (62). P. 19-22
6. Tutelyan V. L., Ganparov M. G., Avrenyeva L. I., Guseva G. V., Minchenko V. M., Kravchenko L. V., Pashorina V. A ., Saprykin V. P., Selyaskin K. E., Tyshko N. V. Medical and biological safety assessment of genetically modified soybean line MON 89788 message 1. Toxicological and hygienic studies // Nutrition issues. 2010. Vol. 79 (3). C. 4:12.
7. Tyshko N. V., Zhminchenko V. M., Pashorina V. A., Saprykin V. P., Selyaskin K. E., Utembasva N. T., Tutelyan V. A. Evaluation of the influence of GMOs of plant origin on the development of rat offspring // Hygiene and Sanitation. 2011. Nº 6. P. 73-77.
8. Chumakov M. I., Gusev Yu. S., Bogatyreva N. V. , Sokolov A. Yu. Assessment of the risks of spreading genetically modified corn with pollen when grown with non-transformed varieties // S-h. biol., Selkhozbiologiya, S-h biol, Sel-hoz biol, Sel’skokhozyaistvennaya biologiya, Agricultural Biology. 2019. No. 3.
9. Jayaraman K. (2004). India produces homegrown GM cotton // Nature Biotechnology. No. 22 (3). P. 255-256.
10. Mercer K, Martínez-Vásquez Á, Perales HR. Asymmetrical local adaptation of maize landraces along an altitudinal gradient // Evol Appl. 2008. V. 1 (3). P. 489-500. doi: 10.1111/j.1752- 4571.2008.00038.x.
11. National Academies of Sciences, Engineering, and Medicine. Genetically Engineered Crops: Experiences and Prospects. Washington, DC: The National Academies Press. 2016. 606 P. DOI: 10.17226/23395
12. Scott A. H. Genetically Modified Crop Regulation: The Fraying of America’s Patchwork Farm Lands // Villanova Environmental Law Journal. 2015. Vol. 26. Iss. 1. P. 145-167.
13. Sella-Villa D. E. Gently Modified Operations: How Environmental Concerns Addressed through Customs Procedures Can Successfully Resolve the US-EU GMO Dispute // William & Mary Environmental Law and Policy Review. 2009. Vol. 33. Iss. 3. P. 971-1016
14. Steier G. Window of Opportunity for GMO Regulation: Achieving Food Integrity Through Capand-Trade Models from Climate Policy for GMO Regulation // Pace Environmental Law Review. 2017. Vol. 34. P. 293-323.
CIVIL LAW
TOLMACHEVA Alla Sergeevna
postgraduate student of the O. E. Kutafin Moscow State Law University (MSAL), leading legal adviser at the League of Law LLC
PRINCIPLES OF MANAGEMENT IN COMMERCIAL AND NON-COMMERCIAL ORGANIZATIONS: COMPARATIVE LEGAL ANALYSIS
Тhe practice of applying management principles in commercial and non-profit organizations is only being formed, therefore, the study of the general characteristics and identification of the features of management principles in commercial and non-profit organizations is an important and urgent task for the civil law doctrine on the issue of management in legal entities. It seems scientific and educational to conduct a comparative legal analysis of management principles in relation to commercial and non-profit organizations. In this regard, management principles in commercial and non-profit organizations require careful differentiation and understanding in the Russian doctrine, legislation and judicial practice.
Keywords: legal principles, management principles, commercial organizations, non-profit organizations, internal corporate democracy, voluntary membership, good faith and reasonableness.
Article bibliography
1. Vavilin E. V. Principles of civil law. Mechanism for the implementation and protection of civil rights. – Saratov: State Educational Institution of Higher Professional Education “Saratov State Law Academy”, 2012. – P. 200-201.
2. Gataulina L. F. Concept and general principles of implementation of corporate rights // Bulletin of SSLA. – 2015. – No. 4 (105). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ponyatie-i-obschie-printsipy-osuschestvleniya-korporativnyh-prav (date of access: 01.08.2024).
3. Kozhevnikov S. N., Kuznetsov A. P. General legal and industry principles: a comparative analysis // Jurist. – 2000. – No. 4. – P. 64.
4. Solovieva S. V. Comparative analysis of principles of management of non-profit organizations with and without membership / / Journal of Russian Law. – 2013. – No. 4 (196). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sravnitelnyy-analiz-printsipov-upravleniya-nekommercheskimi-organizatsiyami-imeyuschimi-i-ne-imeyuschimi-chlenstvo (date of access: 01.08.2024).
5 . Yurova I. O. Principles of implementation of corporate rights // Legal policy and legal life. – 2018. – No. 1. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/printsipy-osuschestvleniya-korporativnyh-prav (date of access: 08/01/2024).
CIVIL LAW
TRANKALAN Fedor Ivanovich
postgraduate student of Civil law and process and international private law sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
PECULIARITIES OF LEGAL RELATIONS BETWEEN THE PARTIES TO ENERGY SUPPLY AND ELECTRICITY PURCHASE AND SALE AGREEMENTS
This article examines both the specifics of legal relations arising between the parties to contracts for the sale and purchase of electric energy and energy supply contracts, and the legal specifics of these contracts.
The author highlights the distinctive features of these contracts, and also distinguishes between the concepts of a subscriber and a buyer of electric energy, based on the type of contract concluded .
Within the framework of this study, the importance of the institution of contractual relations in the field of electric energy supply is highlighted and, in turn, the negative consequences and problems associated with the consumer’s failure to comply with the energy resource consumption regime are reflected.
Keywords: energy law, energy supply agreement, electricity purchase and sale agreement, subscriber, electricity consumer.
Article bibliography
1. Akimov L. Yu., Gadzhiev G. A. On the property of electricity // Entrepreneurial law. – 2022. – No. 3. – P. 3-12. – DOI 10.18572/1999-4788-2022-3-3-12. – EDN GKGLMS.
2. Inshakova A. O., Frolova E. E., Marchukov I. P. TNCs as subjects of economic activity and lawmaking in the sphere of Foreign trade in energy resources // Energy sector: a systemic analysis of economy, foreign trade and legal regulations. Cham. – Switzerland: Springer Verlag, 2019. – P. 151-171. DOI 10.1007/978-3-319-90966-0_11. EDN PJZFPB.
3. Maleina M. N. Subscription Agreement. Commentary on Article 429.4 of the Civil Code of the Russian Federation // Civil Law. – 2020. – No. 5. – P. 3-7.
4. Koval A. V. On Some Issues of Protecting Public Interests in the Consideration by Arbitration Courts of Disputes Arising from Energy Supply Agreements // Bulletin of the Arbitration Court of the Moscow District. – 2024. – No. 1. – P. 123-133. – DOI: 10.46279/ASMO.2024.63.43.008.
5. Gorodov O. A., Semenovich K. S. Limits of liability of the guaranteeing supplier for the actions of third parties under the energy supply agreement // Entrepreneurial law. – 2022. – No. 3. – P. 13-17. – DOI: 10.18572/1999-4788-2022-3-13-17.
6. Frolova N. M. Non-contractual and unaccounted consumption of electric energy and the consequences of its detection // Bulletin of the O.E. Kutafin University (MSAL). – 2021. – No. 11 (87). – P. 185-193. – DOI 10.17803/2311-5998.2021.87.11.185-193. – EDN TJAAWP.
7. Trubetskaya A. A. On the issue of abuse of rights in collecting the cost of non-contractual consumption of electric energy from the consumer by the guaranteeing supplier // Energy law: models and development trends: Collection of materials of the II international scientific and practical conference, Belgorod, November 12-13, 2020 / Edited by A. V. Gabov. – Belgorod: Publishing house “Belgorod”, 2021. – P. 189-191. – EDN BSQVPH.
8. Stepenko V. E., Kovalevskaya O. Yu. The procedure for bringing to justice for unaccounted energy consumption in the energy supply sector // Economic justice in the Russian Far East. – 2022. – No. 2 (25). – P. 16-24. – EDN QNJBXI.
9. Simvolokov O. A. Liability for Breach of Contractual Obligations in the Electric Power Industry // Journal of Russian Law. – 2018. – No. 5. – P. 63-74. – DOI: 10.12737/art_2018_5_7.
CIVIL LAW
FOKIN Anton Yurjevich
postgraduate student of Civil law and process and private international law sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
HISTORICAL AND LEGAL ANALYSIS OF CERTAIN ASPECTS OF THE PROPERTY OF RELIGIOUS ORGANIZATIONS
The peculiarities of the legal nature of this subject of research create the need for a more careful study of the legal regime of religious property, which determines the essence and turnover of such property. Historically, the legal regime of religious property is determined by two types of norms. It is customary to distinguish two types of regulations. The first of them is the classic version-normative legal regulation, in which public authorities issue acts of an authoritative nature, the scope of which covers an indefinite circle of persons. The second type of regulatory is the lex canonica. In this regard, the author analyzes some historical and legal aspects of the concept, nature and essence of the property of religious organizations on the example of church property of the Russian Empire.
Keywords: religious organizations, religious property.
References
1. Tupikin R. V. Domestic pre-revolutionary scientific thought about property for religious purposes / Ed. by M.N. Kuznetsov. – M.: Buki Vedi, 2017 @@ Tupikin R. V. Domestic pre-revolutionary scientific thought on the nature and meaning, essence and limits of religious property, determinants and limits of its protection and protection // Law and education. – 2017. – No. 3.
2. Zavyalov A. A. The question of church estates under the Empresses of Yekaterinburg II. – St. Petersburg: A.P. Lopukhin Printing House, 1990.
3. Berdnikov I. S. A short course in the Church law of the Orthodox Church. Ed. 2nd, reworked. and additional. – Kazan: Type-lit. Imperial University, 1903. – 333 p. – S. IV, VI.
4. Sokolov P. P. Church Property Law in the Greco-Roman Empire: The experience of historical and legal research: Dissertation for a master’s degree. – Novgorod: I. I. Ignatovsky Printing House, 1896. – 300 p.
5. Yerofeyev K. B. The legal status of religious cemeteries [Electronic resource]. – Access mode: http://www.advokaterofeev.ru/publikazyi/3 / (accessed: 05/02/2018).
6. Kuznetsov N. D. On the issue of Church property and the state’s attitude to Church real estate in Russia: Report tothe ivth department of the Pre-Council Presence // Theological Bulletin. – Sergiev Posad. – Moscow, 1907. – 142 s
7. Suvorov N. S. Textbook of Church law. – M.: Printing house of A. I. Snegireva, 1908.
CIVIL LAW
KHANCHUKAEVA Luiza Aptievna
postgraduate student of Business law sub-faculty of the Faculty of Law of the M. V. Lomonosov Moscow State University
LEGAL APPROACHES TO THE DETERMINATION OF COLLECTIVE ABUSE OF DOMINANT POSITION BY DIGITAL PLATFORMS OPERATORS
The valid Russian antitrust law provides a special criteria system for determining digital platform operator’s dominant position. At the same time, the provisions of Article 10.1 of the Federal Law of 07/26/2006 No. 135-FZ “On Protection of Competition” are formulated exclusively to identify the “sole” dominant position of digital platform operator.
However, in the context of the intensification of the activities of platform business operators and the strengthening of their possible influence on free and fair competition through the abuse of a dominant position in digital markets, the problem of determination of collective dominant position of digital platform operators on the basis of the classical legal approach provided for in Part 3 of Article 5 1 of the Federal Law of 26.07 .2006 No. 135-FZ “On Protection of Competition” is becoming relevant, which necessitates a doctrinal study of the possibility and admissibility of applying these legal norms to participants in digital markets.
Keywords: dominant position, collective dominance, collective dominant position, digital platform, digital market.
Article bibliography
1. Ashfa D. M. Anti-competitive practices in digital markets and legal ways to suppress them // Journal of Russian Law . – 2024. – No. 4. – P. 89-102.
2. Bashlakov-Nikolaev I. V. On “collective” or multi-subject dominance and why do we understand it as joint? / In the collection Current issues of modern competition law: collection of scientific papers / D. M. Ashfa, I. V. Bashlakov-Nikolaev, O. A. Belyaeva, and others; editor-in-chief M. A. Egorova. – M.: Yustitsinform, 2019. – Issue 3. – P. 89-104.
3. Bashlakov-Nikolaev I. V. On the legal positions of the Plenum of the Supreme Court of the Russian Federation dated 03/04/2021 No. 2 on the issue of applying the institution of collective dominance (theses speeches at the scientific and practical conference “Public and legal conditions of civil turnover: tax and antimonopoly aspects”. Venue: RF CCI, Ilyinka street 6/1, building 1. March 12, 2021) // Competition law. – 2021. – No. 2. – P. 19-23.
4. Bashlakov-Nikolaev I. V., Maksimov S. V. Collective dominance: is individual abuse of the dominant position of the “collective” of dominants possible? // Competition Law . – 2020. – No. 2. – P. 13-17.
5. Borzilo E. Yu. Evolution of the definition of “dominant position” in Russian antitrust legislation // Law. – 2018. – No. 10. – P. 120 -126.
6. Zanina M. A. Collisions of legal norms of equal legal force (concept, reasons, types). – M.: RAP, 2009. – 134 p.
7. Klein N. I. Antimonopoly legislation and legislation on natural monopolies: problems of application and further improvement // Law and Economics. – 1998. – No. 1.
8. Knyazeva I. V., Chirikhin S. N. Actual issues of conducting analysis of the state of competition in commodity markets (methodological commentary): monograph. – Novosibirsk: Publishing house of NSTU, 2020. – 291 p.
9. Maslov A. O. Modern concepts of market power in competition law: Russian and foreign experience // Russian competition law and economics. – 2024. – No. 1. – P. 34-42.
10. Migitko O. V. Collective dominance: lack of evidence and understatement // Competition and law. – 2010. – No. 1. – P. 8-14.
11. Parashchuk S. A. The right to free competition as a legal principle and subjective right // Problems of implementing the principles of law in entrepreneurial activity: monograph / V.K. Andreev, L. V. Andreeva, K. M. Arslanov, et al.; editors V. A. Vaipan, M. A. Egorova. – M.: Yustitsinform, 2016. – 340 p.
12. Petrov D. A. Legal means of contractual self-regulation in the sphere of competitive relations // Jurist. – 2014. – No. 5. – P. 13-17.
13. Entrepreneurial law of Russia: a look into the future: scientific school of entrepreneurial law of Moscow State University: monograph / ed. E. P. Gubin, Yu. S. Kharitonova; Lomonosov Moscow State University. – M.: Yustitsinform, 2024. – 520 p.
14. Shastitko A. E., Ionkina K. A. Chimera of domestic antitrust: the institute of collective dominance in Russia // Questions of Economics. – 2021. – No. 7. – P. 68-88.
15. Easterbrook F. H. The Limits of Antitrust // Texas Law Review. – 1984. – Vol. 63. – Pp. 1-41.
CIVIL LAW
TOLMACHEV Roman Sergeevich
postgraduate student of the 1st year in the direction of “5.1.3. Private Law (Civil Law) Sciences of the Institute of Legislation and Comparative Law under the Government of the Russian Federation
EXERCISE AND RESTRICTION OF CIVIL RIGHTS: PECULIARITIES ILLUSTRATED BY THE EXCLUSIVE RIGHT
This article is dedicated to researching the main ideas about the implementation and restriction of civil rights, as well as studying the legal essence and key features of legal limitations. The material explores legal constraints in the general process of legal regulation, with particular attention given to the specifics of exercising exclusive rights and their limitations. The author analyzes the aims (conditions), legal instruments, grounds, principles, and procedures for applying legal limitations on exclusive rights. Special emphasis is placed on the peculiarities of legal regulation of compulsory licensing, and the perspectives for its development and improvement are discussed.
Keywords: restriction of civil rights, implementation of civil rights, cases of restricting exclusive rights, intellectual property, fair use, compulsory licensing, economic sanctions.
Article bibliographic list
1. Agarkov M. M. The problem of abuse of rights in Soviet civil law // Izvestiya of the USSR Academy of Sciences. Department of Economics and Law. 1946. No. 6. P. 436.
2. Volkov A. V. Theory of the concept “Abuse of civil rights”. Volgograd: Stanitsa-2, 2007. 352 p.
3. Gribanov V. P. Limits of the implementation and protection of civil rights. Moscow, 1972. P. 37.
4. Durnovo N. A. Abuse of law as a special type of legal behavior (theoretical and legal analysis): diss. … Cand. of Law: 12.00.01. N. Novgorod, 2006. 170 p.
5. Malinovsky A. A. Abuse of subjective right as a legal phenomenon: diss. … Doctor of Law: 12.00.01. M., 2009. 404 p.
6. Nersesyants V. S. Philosophy of Law: Textbook for Universities. M.: Infra-Norma, 1997. P. 46.
7. Novitsky I. B., Novitsky I. B., Peretersky I. S., et al. Roman private law: Textbook / Edited by I. B. Novitsky, I. S. Peretersky. M.: Jurist, 2004. 544 p.
8. Novitsky I. B. The principle of good conscience in the draft law of obligations // Bulletin of civil law. 2006. No. 1. P. 165-168.
9. Porotikova O. A. The Problem of Abuse of Subjective Civil Rights. Moscow: Wolters Kluwer, 2007. 256 p.
10. Serebrovsky V. I. Issues of Soviet Copyright. Moscow, 1956. P. 22; Pilenko A. A. The right of the inventor. M., 2001; Jermakyan V. Yu. Commentary on Chapter 72 “Patent Law” of the Civil Code of the Russian Federation // SPS “Garant”.
11. Sinitsyn S. A., Gutnikov O. V. Protection of exclusive rights to inventions used in medicinal products: Problems of legal regulation and directions for improving legislation: monograph / A.A. Ayurova, O.V. Gutnikov, S.A. Sinitsyn, et al.; ed. O.V. Gutnikov, S.A. Sinitsyn. Moscow: IZiSP, CONTRACT, 2019. 208 p.
12. Sukhanov E. A. Civil law: textbook: in 4 volumes / Responsible. editor E. A. Sukhanov. – 2nd ed. revised and enlarged. Moscow : Statut, 2019. P. 460.
13. Fichte I.G. Works: In 2 volumes. St. Petersburg, 1991. T. 2. P. 285-286.
14. Koikkara S.-E. Der Patentschutz und das Institut der Zwangslizenz in der Europäischen Union. Tübingen, 2010. S. 222.
15. Nuno Pires de Carvalho. The TRIPS Regime of Patent Rights. Kluwer Law International, 2010. P. 339.
CIVIL LAW
SHAKHMILOVA Madina Gadzhimagomedovna
student of the magistracy program “Actual problems of civil law” of the Institute of Law of the Dagestan State University, Makhachkala
GUSEYNOVA Larisa Vagidovna
Ph.D. in Law, associate professor of the Institute of Law of the Dagestan State University, Makhachkala
THE FORMATION OF THE INSTITUTION OF DEBT FORGIVENESS
The article discusses the trends in the formation of the institution of debt forgiveness. The prerequisites for the development of the institution of debt forgiveness in the system of Roman law, as well as its current position in the system of civil law of the Russian Federation, are shown. The author also substantiates the need to develop and fix rules (recommendations ) legal regulation of the named element of the legal system.
Keywords: debt forgiveness, acceptance, stipulation, Roman law, German Code of Civil Law, French Civil Code, Civil Code.
Bibliographic list of articles
1. Dernburg G. Pandects: Law of Obligations: a textbook // Third Russian edition. Volume 3. – Moscow, 1907. – 177 p.
2. Kanaev A. V. Credit obligations in the system of Roman private law // Scientific journal: “Pages of history” – 2007. – 74 p.
3. Egorova M.A. Debt forgiveness: a new look at old problems // “Legal world”, volume 2. – Moscow: Jurist, 2012. -35 p.
4. Kudinov O. A. Roman law: a textbook. – Moscow: Publishing and trading corporation “Dashkov i K”, 2013. – 74 p.
5. Servetnik A. A. Debt forgiveness in the civil law of foreign states: a scientific article. // Saratov: Bulletin of the Saratov State Law Academy. – 2012. – No. 6. – 94 p.
6. Karapetyan A. G. Contractual and obligatory law (general part): article-by-article commentary to Art. 307-453 of the Civil Code of the Russian Federation / Responsible. editor Karapetyan. A. G. – Moscow: Publishing center: “Logos”, 2017. – 873 pp.
CIVIL LAW
YASTREMSKIY Ivan Anatoljevich
Lawyer of the Leningrad regional bar association, branch of the Law Firm “Pelevin and Partners”
THE SUBJECT OF THE CONTRACT FOR THE PROVISION OF PAID MEDICAL SERVICES IN THE FIELD OF PLASTIC SURGERY, THE CONSEQUENCES OF ITS LEGAL UNCERTAINTY AS AN ESSENTIAL CONDITION OF THE CONTRACT
It is established that disclosure of the subject of the contract implies a clear indication of the action (activity) of the contractor (medical clinic), as well as the volume and quality of services provided to the patient. The subject may include the provision of services in full, according to the standard of medical care, or, conversely, conducting additional research, procedures not provided for by the standard, in which the client is interested. In the absence of a clear list of services to be provided in the contract, the subject of the contract is considered uncoordinated, and the contract is not concluded. It is proven that during plastic surgery, the result that the contract is aimed at is not always achievable. It should be taken into account that it is not possible to provide for all patients a specific, strictly limited amount of actions during surgery.
Keywords: contract, contract for the provision of medical services, subject of the contract, services, medical services, plastic surgery.
Article bibliographic list
1. Grishaev S. P. Commentary on the legislation on paid services. – M., 2017.
2. Grishaev S. P. The concept of a contract for the provision of medical services for a fee // SPS ConsultantPlus, 2017.
3. Deriuga N. N. Terms of the contract for the provision of medical services // Young scientist. – 2018. – No. 46 (232).
4. Zograbyan T. A. Analysis of the essential terms of the contract for the provision of medical services for a fee // Vector of Science of Togliatti State University. Series: Legal Sciences. – 2017. – No. 3 (30).
5. Plotnikova A. V. Concept and legal characteristics of the contract for the provision of medical services for a fee. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ponyatie-i-yuridicheskaya-harakteristika-dogovora-vozmezdnogo-okazaniya-meditsinskih-uslug?ysclid=lofxb1veic886839734.
6. Salygina E. S. Contractual regulation of relations in the field of provision of paid medical services. – Ekaterinburg, 2016.
7. Starchikov M. Yu. Civil law regulation of relations in the field of health care: problematic issues and judicial practice: scientific and practical manual // SPS ConsultantPlus. – 2022.
8. Starchikov M. Yu. Legal minimum of a medical worker (doctor). – M.: Geotar-Media, 2017.
CIVIL PROCEDURE
SMETANIN Anton Igorevich
lawyer, in 2007 graduated from the Faculty of Law of the M. V. Lomonosov Moscow State University
CORPORATE CONFLICT BETWE EN PARTICIPANTS WITH EQUAL DISTRIBUTION OF SHARES: LAW-FORMING PRACTICE OF THE SUPREME COURT OF THE RUSSIAN FEDERATION
The mechanism of the institution of exclusion from the membership of participants of a legal entity in the conditions of a corporate conflict between participants with equal distribution of shares is hard to realize in practice due to the reluctance of courts to interfere in the content of corporate disagreements of participants. Meanwhile, the resolution of such corporate conflicts is especially important, as it harms the legal entity, blocking its normal activities, and the other participants. In this regard, the position of the Supreme Court of the Russian Federation considered in this article, aimed at resolving these problem and orienting lower instances to dive into the actual meaning of the corporate conflict, rather than its formal resolution, is particularly relevant.
Keywords: exclusion from the membership of participants, corporate conflict, equal participants.
Article bibliographic list
1. Abdulkadirov T. Forced exclusion of a participant from a non-public company. – M .: Yustitsinform, 2021. – 164 p.
2. Gutnikov O. V. Exclusion of a participant in a legal entity: measure of liability and method of protecting corporate rights // Bulletin of Economic Justice of the Russian Federation. – 2015. – No.2. – P. 102-127.
3. Kuznetsova L. V. Exclusion of a participant from a limited liability company // Bulletin of the Supreme Arbitration Court of the Russian Federation. – 2006. – No. 9. – P. 6.
4. Mogilevsky S. D., Egorova M. A. Corporate protection as a reflection of the essence of corporate rights // Civil law. – 2015. – No. 1. – P. 3-6.
5. Filippova S. Yu. Exclusion of a participant from a business partnership or company as a legal means: assessment of the legal purposes of use // Entrepreneurial law. – 2015. – No. 1. – P. 18-24.
CIVIL PROCEDURE
SMETANIN Anton Igorevich
lawyer. In 2007 graduated from the Faculty of Law of the M. V. Moscow State University
SUSPENSION OF THE EXERCISE OF RIGHTS OF A FOREIGN HOLDING COMPANY: PROCEDURAL PECULIARITIES OF CONSIDERATION OF A NEW CATEGORY OF CASES
The legal system of any state is directly or indirectly influenced by each of the spheres of social life. As a result, changes occurring in one sphere require updating of legal regulation both in terms of substantive and procedural-legal components closely related to it. This article is devoted to the changes that have taken place in the Russian procedural-legal regulation of consideration and settlement of corporate disputes in connection with the appearance of a new category of cases to which the author of the article considered it necessary to draw the reader’s attention.
Keywords: exclusion from participation, suspension of corporate rights, foreign holding company, economically significant organization, procedural peculiarities.
Article bibliography
1. Andreev V.K. On indirect and direct ownership of shares (stakes) of an economically significant organization // Law and Economics. – 2024. – No. 1. – P. 50-54.
2. Andreev V.K., Laptev V.A. Corporate law of modern Russia: monograph. – 3rd ed., revised. and add. ed. – M.: Prospect, 2023. – 432 p.
3. Berg L. N. Judicial discretion and its limits (general theoretical aspect): dis. … candidate of legal sciences: 12.00.01. – Ekaterinburg, 2008. – 202 p.
4. Kuznetsova L. V. Exclusion of a participant from a limited liability company: practice of applying current legislation. – M.: Yustitsinform, 2008. – 160 p.
5. Kuznetsova N., Krokhmalnaya I. Russian beneficiaries will be able to take direct ownership of shares/stakes in economically significant organizations // EZh-Bukhgalter. – 2023. – No. 40. – P. 11-15.
6. Laptev V. A. Corporate law: legal organization of corporate systems: monograph. – M.: Prospect, 2019. – 384 p.
7. Treushnikov A. M. Formation of the institute of interim measures in arbitration proceedings // Notes on modern civil and arbitration procedural law / Ed. M. K. Treushnikov. – M., 2004. – P. 258.
LABOR LAW
DOVGAN Kseniya Evgenjevna
Ph.D. in Law, associate professor, leading researcher of the Altai State University, Barnaul
NOVIKOVA Yuliya Alexandrovna
Ph.D. in Law, associate professor of Land, labor and environmental law of the I. T. Trubilin Kuban State Agrarian University, Krasnodar
TRADE UNIONS OF PERSONS WITH PLATFORM EMPLOYMENT: CURRENT LEGAL REGULATION AND PROSPECTS FOR ITS CHANGE
The article analyzes the norms of international law and Russian legislation on trade unions, draws conclusions about the possibility of creating trade unions uniting people with platform employment, about the powers of such associations, and notes the problems of legal regulation caused by the formation and functioning of the gig economy in Russia.
Keywords: legal qualification, information legal relations, digital labor platforms, platform employment, trade unions, legal casuistry.
Bibliographic list of articles
1. Mironova S. M., Litvinenko Z. G. Trade unions for self-employed and platform workers: the experience of Russia and foreign countries // Legal Bulletin. – 2023. – Vol. 8. No. 4. – Pp. 10-19.
2. Chesalina O. V. Platform employment – how to regulate in the Labor Code? // Labor law in Russia and abroad. – 2022. – No. 1. – Pp. 57-60.
FINANCIAL LAW
BUTS Sergey Borisovich
lecturer of Administrative and financial law sub-faculty of the Crimean branch of the Russian State University of Justice, Simferopol
SHKLYAR Tatyana Alexandrovna
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, Deputy Chairman of the Supreme Court of the Republic of Crimea
EVSIKOVA Elena Vitaljevna
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, Honored Lawyer of the Republic of Crimea
FINANCIAL MONITORING IN THE ARCHITECTURE OF PUBLIC FINANCIAL CONTROL IN THE CONTEXT OF DIGITAL TRANSFORMATION
The article attempts to conduct a scientific study of the theoretical aspects and problems of the implementation of legal relations in the field of financial monitoring, determining the place of financial monitoring in the architecture of financial control in the context of digital transformation. In the course of the study, the authors reveal the concepts of “public financial control in the context of digital transformation”, “financial monitoring”, “tax monitoring”, explore and study their features. Based on the research conducted, the authors develop their own definition of the understanding of the category “financial monitoring” and its place in the architecture of financial control.
Keywords: public financial control; digital transformation; financial monitoring; tax monitoring.
Article bibliographic list
1. Gladkikh A. A. Problems of building a system of subjects of financial monitoring in the Russian Federation // Financial Law and Management. – 2019. – No. 1. – P. 1-10.
2. Dolbnya A. A. Development of the financial monitoring system of the Russian Federation // Bulletin of NSUEM. – 2019. – No. 1. – P. 206-222.
3. Sintsova E. A . Financial monitoring: a set of definitions // Fundamental research. – 2023. – No. 7. – P. 50-57.
4. Proshunin M. M. Financial monitoring as a type of financial control / // Bulletin of Tomsk State University. Law . – 2010. – P. 105-108.
5. Evsikova E. V., Buts S. B. Ensuring the security of financial legal relations in the context of digital transformation of financial control // Eurasian Law Journal. – 2024. – No. 3 (190 ). – P. 269-271.
6. 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. – V. 9 (75). No. 3. – P. 224-236.
7. Zapolsky S. V., Vasyanina E. L. Digitalization of financial control: legal regulation // Legal informatics. – 2022. – No. 3. – P. 4-12.
FINANCIAL LAW
BYKOVA Marina Vladimirovna
Ph.D. in Law, associate professor of Financial, customs and banking law sub-faculty of the Samara branch of the Moscow City Pedagogical University
FEATURES OF FINANCIAL AND LEGAL LIABILITY OF INSURANCE ACTIVITIES IN RUSSIA
The article discusses the features of financial and legal liability of insurance activities in Russia. Financial law is a relatively new element of the Russian legal system, which causes the lack of elaboration and discussion of many issues of this area of legal activity. Discussions are currently underway on whether financial and legal liability can be considered as a separate type of legal liability or whether it is only a separate element of other types of legal liability. It should be noted that insurance organizations are an important element of the modern financial system, and the consistency and integrity in conducting insurance activities (especially in the field of compulsory insurance) determine special attention to the level of financial and legal responsibility of insurance organizations.
Keywords: insurance activity, financial and legal responsibility, financial law, compulsory insurance, financial sanctions.
Article bibliography
1. Veremeyenko I. I. On the issue of financial and legal and administrative and legal responsibility in Russian law // Law and Management. XXI century. – 2018. – P. 42-48.
2. Voikova V. A. The concept of legal and financial-legal liability // Issues of modern jurisprudence. – 2019. – P. 115-122.
3. Gorlova E. N. Legal nature of financial and legal liability and its relationship with other types of legal liability. – 2017. – P. 22-29.
4. Musatkina A. A. Financial liability as a type of legal liability // Journal of Russian Law. – 2005. – No. 10 (106). – P. 62-67.
5. Tomilin O. O. Administrative liability of legal entities for offenses in the financial sphere: author’s abstract… diss. candidate of legal sciences. – Saratov, 2013.
ECOLOGICAL LAW
KLYUKANOVA Larisa Gennadjevna
Ph.D. in Law, associate professor of Legal protection of environment sub-faculty of the Law Faculty of the St. Petersburg State University
OBJECTS OF THE ENVIRONMENTAL LEGAL RELATIONSHIPS
The article deals with the analysis of the general theoretical, technical-legal and ecological-legal concepts that substantiatethe notion and the content of the legal category of the “objects of environmental legal relationships”. The “objects of environmental legal relationships” are defined as elements of environmental legal social relations endowed with value characteristics, regulated by the norms of current legislation, to which the rights and obligations of subjects of legal environmental relationships are directed. Their classification includes environmentally significant: objects of the material world, intangible benefits, personal intangible benefits, activities and its results. The research analyzes the content, characteristics, structure, types, and possible classifications of objects of environmental legal relationships, and also the correlation of the concept of “objects of environmental legal relationships” with such legal categories as “objects of subjective rights” and “environmental interest» is considered.
Keywords: objects of the Environmental legal relationships, Environmental legal relationship, Environmental Law, subjective rights, environmental interest.
Article bibliography
1. Alekseev S. S. On the object of law and legal relations // Questions of the general theory of Soviet law. Collection of articles. – M.: Gosyurizdat, 1960. – P. 284-308.
2. Alekseev S. S . Problems of the Theory of Law. In 2 volumes. – Sverdlovsk: Publishing House of the Sverdlovsk Legal Institute, 1972-1973. – V. 1. – 396 p.
3. Bogolyubov S. A., Suleimenov M. K. The place of environmental law and its structural elements in the legal system // Law and state. – 2014. – No. 2(63) . – P. 60-65.
4. Brinchuk M. M. Environmental law: objects of environmental relations. – M.: Institute of State and Law of the Russian Academy of Sciences, 2011. – 151 p.
5. Brinchuk M. M . Environmental Law: Textbook for Universities. – M.: Eksmo, 2009. – 668 p.
6. Vasilyeva M. I. Public Interests in Environmental Law. – M.: Moscow State University Publishing House, 2003. – 424 p.
7. Volkov G. A. Levels of Normative Regulation of Environmental Relations // Environmental Law. – 2018. – No. 6. – P. 3-7.
8. Golichenkov A.K. Environmental law of Russia: dictionary of legal terms: Textbook for universities. – M.: Publishing House “Gorodets”, 2008. – 429 p.
9. Gribinechenko L.O. Signs of civil legal relations with multiple persons. – Law and Politics. – 2017. – No. 4. – P. 25-35.
10. Dudin A. P. Object of legal relations (theoretical issues). – Saratov, 1980. – 81 p.
11. Eliseev V. S. On the problem of expanding the subject of faunistic law // Agrarian and land law. – 2019. – No. 11. – P. 128-132.
12 . Ermolaeva E. V. Object of legal relationship: historical and theoretical research: author’s abstract. dis. … candidate of legal sciences: 12.00.01. – Kazan, 2004. – 27 p.
13. Ignatyeva I. A. Objects in environmental law: aspects of research and conditions for inclusion in the legal sphere // Bulletin of Moscow University. Series 11. Law. – 2019. – No. 5. – P. 3-21.
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24. Kharkov V. N. Problems of ensuring environmental safety and environmental well-being in the context of threats to national security // Environmental law. – 2023. – No. 2. – P. 23-26.
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ENTREPRENEURIAL LAW
KUDINOV Sergey Vladimirovich
postgraduate student of the Russian StateSocial University
THE NECESSITY TO PROTECT THE RIGHTS AND INTERESTS OF ENTREPRENEURS IN THE CONDITIONS OF MODERNIZATION OF THE RUSSIAN ECONOMY
In the article, the author examines the feasibility of protecting the rights and interests of entrepreneurs in modern economic conditions in Russia by the state, as well as the need for protection by entrepreneurs. The challenges faced by entrepreneurs in the process of doing business are analyzed, including administrative barriers, corruption and imperfect legislation. Particular attention is paid to the role of the state in creating a favorable business climate and ensuring effective protection of the rights of entrepreneurs. Recommendations are offered for improving mechanisms for protecting the rights and interests of entrepreneurs, aimed at stimulating innovation, developing competition and strengthening the position of small and medium-sized businesses.
Keywords: civil rights, interests , protection of rights and interests, business activity, state, economy, competitiveness, legislation, judicial protection, rules of law, effectiveness of protection.
Article bibliography
1. Komolov A. L. Features of credit legal relations beyond the perimeter of RF Government Resolution No. 428 of April 3, 2020 // Entrepreneurial law. Appendix “Law and Business”. – 2020. – No. 3. – P. 7-13.
2. Volodina K. S. Problems of realization of the constitutional right of citizens to entrepreneurial and other economic activities not prohibited by law during the coronavirus pandemic (COVID-2019) // Constitutional and municipal law. – 2021. – No. 2. – P. 24-27.
3. Ruchkina G. F. Legal regulation of “green” financing for the purposes of sustainable development of the Russian Federation // Banking law. – 2023. – No. 4. – P. 7-15.
4. Order of the Ministry of Industry and Trade of Russia dated 07/21/2023 No. 2701 (as amended on 01/16/2024) “On approval of the list of goods (groups of goods) for which no the provisions of Articles 1252, 1254, paragraph 5 of Article 1286.1, Articles 1301, 1311, 1406.1, subparagraph 1 of Article 1446, Articles 1472, 1515 and 1537 of the Civil Code of the Russian Federation shall apply, provided that the specified goods (groups of goods) are put into circulation outside the territory of the Russian Federation copyright holders (patent holders), as well as with their consent” (Registered with the Ministry of Justice of Russia on 04.08.2023 No. 74633) (with amended and supplemented, effective from 08.05.2024). – [Electronic resource]. – Access mode: http://pravo.gov.ru, 04.08.2023.
5. Information message of the Bank of Russia dated 04/26/2024 “The Bank of Russia has decided to keep the key rate at 16.00% per annum” // Bulletin of the Bank of Russia. – 2024. – No. 16.
6. Analytical note of the Central Bank of the Russian Federation: Russian manufacturing industry under sanctions: results survey of enterprises. – [Electronic resource]. – Access mode: https://cbr.ru/Content/Document/File/154320/analytic_note_20230926_dip.pdf (date of access: 06/25/2024).
7. Resolution of the Government of the Russian Federation of 04/03/2020 No. 438 (as amended 14.09.2020) “On the specifics of implementing state control (supervision), municipal control in 2020 and on amending paragraph 7 of the Rules for the preparation by state control (supervision) bodies and municipal control bodies of annual plans for conducting scheduled inspections of legal entities and individual entrepreneurs.” – [Electronic resource]. – Access mode: http://www.pravo.gov.ru, 06.04.2020.
8. Timofeev S. V. Tax benefits in the Russian Federation: problems and shortcomings // Taxes. – 2023. – No. 2. – P. 14-17.
9. Cherdakov O.I. Russian legislation ensuring the development of industries using information and digital technologies // Banking Law. – 2023. – No. 4. – P. 69-76.
10. “Civil Code of the Russian Federation (Part One)” dated November 30, 1994. – No. 51-FZ (as amended on March 11, 2024) // RG. – No. 238-239. – 1994.
11. Entrepreneurial income of Russians has fallen to a 20-year minimum. At the same time, the share of social payments from the state among all cash receipts remains historically high. – [Electronic resource]. – Access mode: https://www.rbc.ru/economics/03/08/2020/5f23d56a9a7947c85ff90bb6 (access date: 06.25.2024).
12. Kompanischenko N. How much Russian companies have lost due to sanctions / / Tinkoff Magazine. – [Electronic resource]. – Access mode: https://journal.tinkoff.ru/news/rus-sanctions-losses/ (date of access: 06.25.2024).
13. Results of the survey “Consequences of the introduction of sanctions for Russian business” // Official website. Russian Union of Industrialists and Entrepreneurs. – [Electronic resource]. – Access mode: https://rspp.ru/activity/analytics/rezultaty-oprosa-posledstviya-vvedeniya-sanktsiy-dlya-rossiyskogo-biznesa (date of access: 06.25.2024).
14. Courts declared a record 350.8 thousand Russians will bankrupt in 2023 // Kommersant newspaper. – [Electronic resource]. – Access mode: https://www.kommersant.ru/doc/6507342 (date of access: 06.25.2024).
15. Tsepelev K. V., Chernyavsky D. O. Problems of countering the obstruction of legitimate business or other activities by criminal means // Business Security. – 2020. – No. 6. – P. 27-31.
16. But N. D., Egupov D. A. Protection by the prosecutor of the rights of entrepreneurs in the field of administrative jurisdiction // Bulletin of the University of the Prosecutor’s Office of the Russian Federation. – 2023. – No. 6. – P. 36-45.
17. Nevidailo L. K., Ryabov A. A. Protection and protection of the rights of entrepreneurs in the control and supervisory sphere // Law. – 2021. – No. 5. – P. 40-47.
18. Chelysheva N. Yu. Protection of the rights of entrepreneurs in the conditions of application by the state of measures limiting the freedom of economic activity // Economy and Law. – 2023. – No. 9. – P. 17-31.
19. “The Constitution of the Russian Federation” (adopted by popular vote on December 12, 1993, with amendments approved during the all-Russian vote on July 1, 2020) (ed . October 3, 2022) // The official text of the Constitution of the Russian Federation, as amended on March 14, 2020, was published on the Official Internet. – [Electronic resource]. – Access mode: http://www.pravo.gov.ru, 04/07/2020.
20. Decree of the Government of the Russian Federation dated November 29, 2023, No. 2028 “On approval of the Rules for labeling sturgeon caviar and salmon caviar (red caviar) by means of identification and the specifics of the implementation of the state information system for monitoring the circulation of goods subject to mandatory labeling by means of identification, in relation to sturgeon caviar and caviar salmon (red caviar).” – [Electronic resource]. – Access mode: http://pravo.gov.ru, 11/30/2023.
21. Pogontseva E. How the industry responded to the publication of the Rules for Mandatory Labeling of Veterinary Medicines. Running time // Pharmaceutical Bulletin. – 2024. – No. 3.
22. Golubenko O. A., Finaenova E. V., Svekolnikova O. Y., Timush L. G., Shevchenko N. V. Digitalization of labeling of consumer goods // Industry: economics, management, technology. – 2020. – No. 3 (82). – [ Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/tsifrovizatsiya-markirovki-potrebitelskih-tovarov (access date: 06.25.2024).
23. Marinchenko T. E. Factors influencing dairy cattle breeding // Effective animal husbandry. – 2020. – No. 5 (162). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/faktory-vliyaniya-na-molochnoe-skotovodstvo (access date: 06.25.2024).
BUSINESS LAW
SOGOYAN Diana Pargevna
postgraduate student of Entrepreneurial and corporate law sub-faculty of the O. E. Kutafin Moscow State Law University (MSAL)
ON THE ISSUE OF THE MODEL OF COMPETENCE OF THE MEETING OF CREDITORS IN A BANKRUPTCY CASE
The article analyzes the legal regulation of the competence of the creditors’ meeting. It is shown that the current Russian bankruptcy legislation does not define the model of competence of the creditors’ meeting. In the presence of this gap, the Supreme Court of the Russian Federation, in fact, at its own discretion, held a meeting with the creditors with the right to make decisions on issues not directly attributed by law to its competence. conclusion that the optionality of the competence of the creditors’ meeting should be directly provided for in the law and proposes a variant of its normative consolidation.
Keywords: creditors’ meeting, exclusive competence, optionality, bankruptcy.
Article bibliography
1. Baranov V. M., Repyev A. G. General legal phenomenon of “circumvention of the law”: concept and relationship with related phenomena // Bulletin of the University of the Prosecutor’s Office of the Russian Federation Federation. – 2023. – No. 5. – P. 39-46.
2. Glushetsky A. A. Commercial corporations: types and organizational structure. – M.: Statut, 2023. – 294 p.
3. Sukhanov E. A. Research center and development of domestic civilistics // Bulletin of civil law. – 2022. – No. 1. – P. 30-44.
4. Teleshinin A. A. Decision of the general meeting of participants of business entities in Russian law: diss. … candidate of legal sciences. – M., 2023. – 243 p.
5. Shevchenko I. M. O on some issues of challenging decisions of creditors’ meetings in bankruptcy cases // Law. – 2020. – No. 9. – pp. 66-78.
ADVOCACY
MERGULCHIEV Dolgan Basangovich
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
SALDYSOV Mazan Alexeevich
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
AGREEMENT GOVERNING THE PROVISION OF LEGAL ASSISTANCE: LEGAL NATURE, CHARACTERISTIC FEATURES IN THE PRACTICE OF APPLICATION
The article discusses issues related to the legal nature, the main characteristics of an agreement between a lawyer and a principal concluded for the purpose of providing legal assistance. The purpose of this study is to identify the legal nature of the Agreement, to analyze the characteristic features of this document. The scientific novelty lies in the fact that these issues are being studied at the present stage, taking into account various transformations of legislative acts regarding the activities of a lawyer. The result of this article was an analysis of the problematic aspects of this topic, which function in issues related to the Agreement to date.
Keywords: agreement, lawyer, principal, legal assistance to the victim , law.
Article bibliography
1. Lawyer: skills of professional mastery/ Edited by L. A. Voskobitova, I. N. Lukyanova, L. P. Mikhailova. – M .: Wolters Kluwer, 2006. – P. 5.
2. Braginsky M. I., Vitryansky V. V. Contract law. Vol. 3: Contracts for the performance of work and the provision of services. – M., 2002. – P. 221-222.
3. Kligman A. V. Agency Agreement (with the participation of citizens) // Federal Chamber of Advocates of the Russian Federation. – M.: “Inform-pravo”, 2010. – P. 75.
4. Kratenko M. V. Agreement on the provision of legal assistance in modern civil legislation. – M.: Statut, 2006. – P. 71.
5. Kurepina N. L., Rubeko G. L. Legal forms of combating corruption at various stages of the development of the Russian state: historical analysis // Scientific Thought of the Caucasus. – 2020. – No. 4.
6. Lukyancev A. A., Rubeko G. L. Management of joint-stock companies at the present stage // Jurisprudence. – 2003. – No. 6.
7. Methodological tools for assessing threats to the economic security of a multi-ethnic region: monograph / Edited by prof. N. L. Kurepina . – Elista: Kalm Publishing House. University, 2020.
8. Popova D. G., Etina T. S. Representation in civil proceedings: experience of borrowing civilistic approaches // Bulletin of Omsk State University. Series: Law. – 2020. – No. 4 (49). – P. 166-175.
9. Rubeko G. L. Fight against corruption in Russia: historical aspects // Current 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, Department of the Ministry of Justice of Russia for the Republic of Kalmykia. – Elista, 2017.
10. Rubeko G. L., Katalaeva R. O., Kornilov M. V. Powers of the defense attorney in Russian criminal proceedings: current status and prospects development // Eurasian Law Journal. – 2023. – No. 5.
SPECIAL AREAS OF LAW
GRIPICH Sergey Anatoljevich
Ph.D. in Law, senior lecturer of Economics and finance of the public sector sub-faculty of the Institute of Public Service and Management of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation, lawyer, Head of the criminal practice department of the association of the Moscow Bar Association “Griffin”
LEGAL ISSUES OF USE OF STATE INFORMATION SYSTEMS
1. The purpose of this article is to analyze the legal framework of information systems.
2. The methodology used in this article is the analysis of regulatory sources, as well as scientific researches on this topic by various experts.
3. Conclusions. The Russian legislation in the development, implementation and use of information systems, including the federal target program “Electronic Russia”, highlighting the approaches of various experts to the very concept of “electronic government” are analyzed. The analysis of legal literature is carried out, highlighting the main emphasis that experts make in their research.
4. Scientific and practical significance. The issue of data protection and information security is touched upon, highlighting the relevant regulations. The absence of a unified approach to the creation, implementation and use of specific AIS in the field of state and municipal administration is noted. The article also draws attention to the presence of a relatively small number of systems with a legally significant result of information processing. The importance of preventing errors in information systems operating in the spheres responsible for the allocation of budget funds, or law enforcement agencies, was emphasized as this directly affects the majority of the country’s citizens.
Keywords: digitalization, information systems, state regulation, regulatory documentts.
Article bibliography
1. Amelin R. V. Errors in AIS in the sphere of state and municipal administration // Business and Law. – 2010. – No. 2. – P. 57-60.
2. Volchinskaya E. K. The role of the state in ensuring information security // Information law. – 2008. – No. 4. – P. 9-16.
3. Zhernova V. M. Legal regime of information systems: dis. … candidate of legal sciences. – Chelyabinsk, 2017. – 213 p.
4. Izhaev O. A., Kuteinikov D. L. Use of restricted information contained in state information systems: legal regulation of the procedure for providing information to third parties // Actual problems of Russian law. – 2023. – V. 18. No. 2. – P. 61-70. – DOI: 10.17803/1994-1471.2023.147.2.061-070.
5. Kovaleva N. N. Information law of Russia: textbook. manual. – M.: Dashkov i Ko, 2008.
6. Polyakova T. A. Improvement of information legislation in the context of transition to the information society // Journal of Russian Law. – 2008. – No. 1. – P. 62-69.
7. Ustinovich E. S., Barbashin E. A. Information competence of civil servants as a factor in optimizing information processes // Information law. – 2008. – No. 2. – P. 3.
8. Digital economy: current directions of legal regulation / Ed. by I. I. Kucherov, S. A. Sinitsyn. – M.: Norma, Infra-M, 2022. – P. 109.
CRIMINAL LAW
ABDUSALAMOVA Maryam Magomedsoltanovna
magister student of the 1st year of correspondence studies of the Institute of Law of the Dagestan State University, Makhachkala
ZEYNALOV Marat Magomedovich
Ph.D. in Law, associate professor of Criminal law and criminology sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
THEORETICAL, LEGAL AND PRACTICAL ASPECTS OF CRIMINAL LIABILITY AND PUNISHMENT
The article examines the theoretical, legal and practical aspects of criminal liability and punishment in the criminal law of the Russian Federation. Fundamental principles such as legality, justice, humanism and equality before the law are analyzed. Special attention is paid to the classification of crimes, sentencing mechanisms and circumstances that exclude the criminality of the act. Various types of punishments and their goals are described. The institutions of recidivism and exemption from criminal liability are considered. Attention is paid to compulsory medical measures and issues of the use of the death penalty. The study highlights the importance of individualizing punishment and humanizing criminal law. The article also focuses on international norms and their impact on the development of national criminal legislation.
Keywords: criminal law, criminal liability, punishment, principles of legality, recidivism, exemption from liability, death penalty, humanization.
Article bibliography
1. Bokovnya A. Yu. The goals of punishment as a reflection of its social essence // Baikal Research Journal. – 2019. – No. 3. – P. 14-15.
2. Ilyash A. V. The concept and goals of punishment: legislative aspects // Notes of a scientist. – 2020. – No. 6. – P. 81-85.
3. Nazarov S. V., Tuncik T. S. On the issue of individualization of criminal liability and its influence in the execution of sentences in the form of imprisonment // Bulletin of the St. Petersburg Law Academy. – 2023. – No. 4 (61). – P. 104-110.
4. Ovsyannikov I. V. On the purposes of punishment and the purposes of criminal-executive legislation // Bulletin of the criminal-executive system. – 2020. – No. 10 (221). – P. 42-46.
5. Romanova N. L. On the principles of criminal law // Glagoliy of justice. – 2020. – No. 1 (23). – pp. 24-27.
CRIMINAL LAW
BAGAMAEVA Jamilya Magomedalievna
Ph.D. in historical sciences, associate professor of Legal disciplines sub-faculty of the Dagestan State University, branch in Izberbash
CHARACTERISTICS OF FRIEND CRIME PREVENTION
In recent years, the problem of drug addiction in Russia has significantly increased, having a profound and comprehensive negative impact on society.
This applies not only to the social and psychological sphere, but also to the economy, political stability, public order and the health of the nation, affecting virtually all aspects of the life of the state and its citizens. Drugs and related crimes are considered one of the biggest threats to national security and public health, as well as the genetic heritage of the peoples living in the country.
Drug addiction and drug crimes know no borders, destroy the social fabric of society, contribute to the growth of crime and corruption, affecting people of all social strata, genders, religions and nationalities. Drugs have particularly severe consequences for children and young people who makeup the majority of those who are exposed to narcotic drugs.
Keywords: crime, drug addiction, health.
Article bibliography
1. Shiyanova E. Yu., Ovchinnikova T. A. Prevention of administrative offenses in the field of illegal drug trafficking // Innovative development of modern legal science: materials of the II annual scientific readings dedicated to the memory of Professor A. P. Lonchakov, Khabarovsk, March 29-30, 2018. – Khabarovsk: Pacific State University, 2018. – P. 93-99. – EDN VJXXUI.
2. On approval of the Strategy of the state anti-drug policy of the Russian Federation for the period up to 2030: Decree of the President of the Russian Federation of November 23, 2020 No. 733. – [Electronic resource]. – Access mode: https://docs.cntd.ru/document/566387046, (date of access: February 28, 2023).
3. Boyko V. P. Prevention of crimes in the sphere of illegal drug trafficking among young people // Counteracting the drug threat at the present stage: legal and socio-humanitarian aspects: Materials of the international scientific and practical seminar, Krasnoyarsk, April 21, 2023 / Responsible. editor N. N. Tsukanov. – Krasnoyarsk: Siberian Law Institute of the Ministry of Internal Affairs of the Russian Federation, 2023. – P. 96-99. – EDN ZYMKJX.
4. Fedorov S. G. Prevention of illegal drug trafficking: current status and trends // Bulletin of the Russian University of Cooperation. – 2019. – No. 3 (37). – P. 132-136. – EDN FAWSMD.
5. Pugach Yu. S., Serebryansky A. S. Actual issues of counteracting crimes in the sphere of illegal drug trafficking // Bulletin of Economics, Management and Law. – 2022. – No. 4 (61). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/aktualnye-voprosy-protivodeystviya-prestupleniyam-v-sfere-nezakonnogo-oborota-narkotikov (date accessed: 05/09/2024).
6. Federal Law of December 7, 2011 No. 420-FZ “On Amendments to the Criminal Code of the Russian Federation and Certain Legislative Acts of the Russian Federation” // Collection of Legislation of the Russian Federation. 12.12.2011 – No. 50. – Art. 7362.
7. Chukin D. S., Mallaaliev I. R. Issues of Prevention of Crimes Related to Illegal Trafficking in Narcotic Drugs and Psychotropic Substances in the Troops of the National Guard of the Russian Federation // Bulletin of the Saratov Military Institute of the National Guard Troops. – 2021. – No. 4 (4). – P. 90-94. – EDN HREMJV.
CRIMINAL LAW
VYSKREBTSEV Bogdan Sergeevich
Ph.D. in Law, associate professor of Economics and management sub-faculty of the Orsk Humanitarian and Technological Institute (branch) of the Orenburg State University
THE ORIENTATION OF THE PROCEDURAL ACTIVITY OF THE JUDGE AT THE STAGE OF PREPARATION FOR THE COURT SESSION: ISSUES OF LEGAL REGULATION
The work presents a study of the legal regulation of the stage of preparation of materials for trial. The interrelation of changes in the positions of the constitutional court and the traceable dynamics of legal changes in the actions and decisions of the judge at this stage is determined. Legislative changes, when generalized at a higher theoretical level, make it possible to solve the problem and prove that adversarial nature, the principle of presumption of innocence in a number of situations significantly complicate the judge to make a decision on the appointment of a court session or return the criminal case to the prosecutor to eliminate shortcomings, the materiality of which the law does not always determine.
The research methodology is based on the use of the dialectic of changing the legal positions of the Constitutional Court. A systemic structural method was applied – consideration of the right regulation of the judge’s actions as a legal system formed on the basis of constitutional principles. Analysis and synthesis, as general scientific methods of obtaining an increment of knowledge, were used to assess procedural legal norms and changes made. A retrospective (evaluative) analysis of the legal solutions to the problems of the stage taken by the legislator was used. The modeling method contributed to the hypothesis of a future model of legislative regulation of the stage of preparation of materials for the court session.
In conclusion, the conclusions and possible directions for the development of the legal regulation of the stage are formulated.
Keywords: the stage of preparation for the court session, significant violations, the return of the criminal case to the prosecutor.
Article bibliography
1. Azarov V. A., Nurbaev D. M. On the admissibility of worsening the situation of the accused (defendant) in the context of the legal positions of the Constitutional Court of Russia // Laws of Russia: experience, analysis, practice. 2016. No. 4. [Electronic resource]. – Access mode: https://justicemaker.ru/view-article.php?id=22&art=5874
2. Vyskrebtsev B. S. The effect of the principles of justice and adversarial nature at the stage of preparation for a court hearing: diss … candidate of legal sciences / Moscow University of Finance and Law. Orsk, 2022. 256 p.
3. Glukhova E. V., Sergeev A. B. International law and decisions of the European Court in the development of domestic criminal proceedings. Chelyabinsk, 2018
4. Zorkin V. D. The Constitution lives in the laws. Reserves for improving the quality of Russian legislation // Journal of Constitutional Justice. 2015. No. 3. P. 1-5.
5. Kalnitsky V. V. Concept and meaning of the stage of appointment and preparation of trial in criminal proceedings // Scientific Bulletin of the Omsk Academy of the Ministry of Internal Affairs of Russia. 2017. No. 4 (67). P. 34-41.
6. Ryabinina TK Discretionary powers of a judge to appoint and prepare a court hearing in light of ensuring the rights and legitimate interests of participants in the upcoming trial of a criminal case // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. 2023. No. 3. P. 157-162.
7. Ryabokonev SI, Sergeev AB Competing directions for further development of pre-trial investigation and investigation in the court of first instance // Bulletin of the Academy of the Investigative Committee of the Russian Federation. 2019. No. 1 (19). P. 110-113.
8. Sergeev AB On the issue of regulating the activities of an investigator and a defense attorney after a decision has been made to terminate criminal prosecution under Part 3 of Art. 27 Code of Criminal Procedure of the Russian Federation: legal and forensic aspects // Works of the Orenburg Institute (branch) of the Moscow State Law Academy. 2016. No. 30. P. 128-131.
9. Yaremenko N. E., Sergeev A. B. Uncertainty of legal regulation of the retrieval of materials of a criminal case when deciding on the transfer of a supervisory complaint to the Presidium of the Supreme Court of the Russian Federation (Article 412.5 of the Code of Criminal Procedure of the Russian Federation) // Law and Order: History, Theory, Practice. 2024. No. 1 (40). P. 105-111.
CRIMINAL LAW
GASANOVA Zulpat Muradovna
magister student of the 1st course of the correspondence form of education of the Institute of Law of the Dagestan State University, Makhachkala
ZEYNALOV Marat
Ph.D. in Law, associate professor of Criminal law and criminology sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
CRIMINAL LAW CHARACTERISTICS OF ABUSE OF AUTHORITY BY PRIVATE NOTARIES AND AUDITORS
This scientific article examines the abuse of authority by private notaries and auditors, their causes and consequences for the legal and financial system. Special attention is paid to the mechanisms of control and supervision of their activities, as well as measures of responsibility for violations. Specific cases of abuse and their impact on the credibility of notary and audit institutions are analyzed. Recommendations are offered on professional development and professional ethics of specialists to prevent such violations. The role of legislation in regulating the activities of notaries and auditors is considered. The article emphasizes the need for an integrated approach to ensure transparency and legality in these areas. The result is the development of effective measures to combat abuse and protect the rights of citizens and organizations. The relevance of the topic is due to the growing problems associated with unfair behavior of specialists and its negative consequences for the economy and law and order.
Keywords: abuse of authority, private notaries, auditors, control, supervision, professional ethics, legislation.
Article bibliography
1. Aliev Sh. I. The purpose as a sign of the subjective side of abuse of authority by private notaries and auditors and its criminal-law significance // Eurasian Law Journal. – 2020. – No. 9 (148). – P. 215-218.
2. Donskaya Kavelina O. G. Criminal liability of a notary // Scientific notes of the Crimean Federal University named after V. I. Vernadsky. Legal sciences. – 2020. – T. 6 (72). № 4. – P. 101-109.
3. Zhilko I. A. Abuse of authority by a private notary: the elements of the crime provided for in Article 202 of the Criminal Code of the Russian Federation // Russian law: education, practice, science. – 2020. – № 6 (120). – P. 63-67.
4. Mikhailov S. G. On the issue of abuse of authority by private notaries // Intellectual resources for regional development. – 2019. – Vol. 5. № 1. – P. 512-517.
5. Tyunin V. I. Chapter 10. Crimes against the interests of service in commercial and other organizations // Criminal law. Special part: Textbook / St. Petersburg University of the Ministry of Internal Affairs of Russia. – Saint Petersburg: OOO “R-KOPI”, 2020. – P. 380-400.
CRIMINAL LAW
EFREMOVA Olga Sergeevna
Ph.D. in Law, senior lecturer of State and legal disciplines sub-faculty of the Faculty of Law the of St. Petersburg University of the FPS of Russia
ON THE PECULIARITIES AND TRENDS OF CRIME OF FOREIGN CITIZENS AND STATELESS PERSONS
Crime prevention activities for foreign citizens and stateless persons are among the priorities of ensuring the national security of the Russian Federation. An important place in this area of activity is given to the prevention of illegal migration. Over the past three years, there have been a number of trends in the type of crime under study, the study of which can serve as the main one for organizing preventive and preventive activities of law enforcement agencies.
Keywords: CIS, foreign citizens, crime, illegal migration, legal measures, crime prevention.
Article bibliography
1. Kolomytsev N. A., Odintsova L. N. Modern crime as an illusion
and reality // Bulletin of the Tomsk Institute for Advanced Training of Workers
FSIN of Russia. – 2024. – No. 1 (19). – P. 16-23.
2. Koryagina S. A. Migration Crime in the context of national security (regional aspect). – DOI 10.17150/2411-6262.2024.15(1).295-306. – EDN VYGHJS // Baikal Research Journal. – 2024. – Vol. 15, No. 1. – P. 295-306.
3. Mukhametova R. R. Crime of foreign citizens and stateless persons in the Russian Federation: a comparative analysis // Monitoring. Education. Security. – 2023. – V. 1. No. 1. – P. 97-103.
CRIMINAL LAW
IVANOVА Lyudmila Mikhaylovna
Ph.D. in Law, associate professor of Criminal law sub-faculty of the East Siberian branch of the Russian State University of Justice, Irkutsk
LIFANOVA Tatyana Andreevna
master of law, leading specialist of the office work and support of legal proceedings department of the Arbitration Court of the East Siberian District, Irkutsk
CRIMINAL LIABILITY FOR CORRUPTION OFFENSES IN RUSSIA AND CHINA: A COMPARATIVE LEGAL ASPECT
The article presents a comparative legal study of types of corruption crimes in Russia and China. The legislation of both countries is analyzed, with attention given to the similarities and differences in the legal norms establishing types of corruption-related crimes. The article substantiates the feasibility of further scientific research to improve legal regulation and law enforcement practices in the field of combating corruption crimes.
Keywords: corruption offenses, Russia, China, bribery, criminal legislation, punishment , anti-corruption efforts.
Article bibliography
1. Klimova O. V., Fedorenko N. V. Anti-corruption policy of Russia and China: comparative legal analysis // Main development trends legal science. – 2020. – No. 3. – P. 242-251.
2. Nguyen H. T. Constitutional foundations for combating corruption in the Russian Federation and the People’s Republic of China: a comparative legal analysis of legislation // Ideas of constitutionalism in the domestic legislation. – 2019. – No. 23. – P. 226-229.
3. Criminal Code of the People’s Republic of China / Under the general editorship of prof. A. I. Chuchaev and prof. A. I. Korobeyeva, trans. from Chinese by prof. . Huang Daoxu. 2nd ed. – M .: OOO “Yuridicheskaya firma kontrakt”, 2021. – 312 p.
4. Chuchaev A. I., Korobyev A. I. Criminal Code of China: a fusion of legal thought and national specifics. part 2 // Asia-Pacific region: economics, politics, law. – 2022. – T. 24. No. 3. – P. 172-192.
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 SOVIET LEGISLATION
This article provides a historical study of criminal liability for fraud in the Soviet period. The author has analyzed the sources of Russian (Soviet) 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 theft of someone else’s property, committed by deception or abuse of trust, i.e. in the closest possible way to the modern consolidation, was formed within the framework of the Criminal Code of the RSFSR of 1960; previously, fraud had various characteristics, not always associated with the direct theft (taking possession) of the subject of the crime.
Keywords: fraud, historical analysis, criminal liability.
Article bibliography
1. Boyko S. Ya. Fraud in the criminal legislation of the Soviet period // Gaps in Russian legislation. – 2016. – No. 3.
2. Zhizhilenko A. A. Crimes against property and exclusive rights. – L.: Rabochiy sud, 1928.
3. Nemirovsky E. Ya. Soviet criminal law. – Odessa, 1924.
4. Potemkin A. V. History of the development of Russian criminal legislation on liability for fraud // Bulletin of the Russian New University. Series: Man and Society. – 2016. – No. 3.
5. Feflov I. V. Origin and development of Russian and foreign legislation on fraud // Territory of science. – 2014. – No. 4.
6. Chirkin K. V. Criminal liability for fraud in the Soviet period // Bulletin of Moscow University. Series 11. Law. – 2017. – No. 3.
CRIMINAL LAW
KRASKOVSKIY Yan Eduardovich
Ph.D. in Law, associate professor, associate professor of Criminal law sub-faculty of the Penza State University
ACTIVITIES OF THE LOCAL POLICE COMMISSIONER FOR THE PREVENTION OF ILLICIT DRUG TRAFFICKING IN AN EDUCATIONAL INSTITUTION
The article discusses the responsibilities of local police commissioners regarding the prevention of illicit drug trafficking in an educational institution, and provides examples of the prevention of this phenomenon in the Penza region. It is also noted that during the covid period, preventive work was in crisis; the opportunities for conducting face-to-face events in educational institutions were significantly reduced. It is concluded that those police officers who already have experience working with such adolescents and who have received additional education in psychology or pedagogy should be involved in preventive activities.
Keywords: local police commissioner, educational institution, preventive conversation, narcotic drugs, prevention.
Article bibliography
1. Guzeeva L. P. Prevention of drug addiction and promotion of a healthy lifestyle for students of professional educational organizations // Education. Career. Society. – 2021. – No. 1 (68). – P. 49-50.
2. Mikhailova E. V. Features of the conduct of preventive work with minors in an educational organization by a district police officer // Criminological Journal. – 2019. – No. 3. – P. 22-26.
3. Mikhaleva G. G. Individual prevention as a way to prevent juvenile delinquency // Bulletin of the Perm State Humanitarian and Pedagogical University. – 2022. – No. 3. – P. 198-202.
CRIMINAL LAW
KUZMIN Sergey Spiridonovich
senior lecturer of Criminal Law sub-faculty of the Institute of the Academy of the FPS of Russia
EXEMPTION FROM CRIMIN AL LIABILITY AND PUNISHMENT IN THE CONTEXT OF THE FEDERAL LAW OF THE RUSSIAN FEDERATION OF JUNE 24, 2023 No. 270
The article reflects the history of formation and characterizes the basis and conditions for exemption from criminal liability and from criminal punishment of persons who took part in a special military operation and other military operations. Reasoned proposals were made to expand the range of conditions for such release, in particular, on the need to include in articles 78.1 and 80.2 of the Criminal Code of the Russian Federation, as a condition for such release, conscientious participation in hostilities.
Keywords: criminal legislation, Federal Law of the Russian Federation No. 270 of 06/24/2023, criminal liability, special military operation and other military operations, exemption from criminal liability and punishment, grounds and conditions of release, persons who took part in a special military operation, conscientious participation in hostilities.
Article bibliographic list
1. Sabitov R. A. Post-criminal behavior (concept, regulation, consequences). – Tomsk: Publishing house Tom. University, 1985. – 192 p.
2. Maltsev V. Release from punishment due to change in the situation // Criminal law. – 2008. – No. 6. – P. 23-26.
CRIMINAL LAW
ZUMAKULOVA Zarema Akhmatovna
Ph.D. in Law, associate professor, Head of Civil law and process sub-faculty of the Institute of Law, Economics and Finance of the Kabardino-Balkarian State University, Nalchik
ABAZOV Andemirkan Borisovich
Ph.D. in Law, associate professor of Activities of the internal affairs directorate in special conditions sub-faculty of the North-Caucasian Institute for Advanced Studies (branch) of the Krasnodar University of the MIA of Russia, colonel of police
CURRENT ISSUES OF CYBERCRIME AND CYBERTERRORISM IN MODERN SOCIETY
There is always a high level of threats in the information space. Cybercrime arose as a result of the emergence of digital society. Cyberterrorism is the most dangerous type of cybercrime. The distinctive feature of such crimes is their publicity and open nature. Cyberterrorism is aimed at intimidating individuals or society as a whole, threatening people’s lives, capable of causing major damage to property or leading to other consequences of great gravity in order to destabilize government agencies or influence their activities for illegal purposes.
Keywords: cybercrime, cyberterrorism, information environment, economic threat, physical threat.
Article bibliography
1. Abazov A. B., Abazova M. V., Fayrushin T. A. Improving the activities of law enforcement agencies in the fight against cyberterrorism // Journal of Applied Research. – 2022. – V. 1. No. 11. – P. 87-91.
2. Abazova E. Kh. Counteracting cybercrime in modern conditions // Law and Management. – 2023. – No. 8. – P. 224-227.
3. Aripshev A. M. Cyberterrorism: problems in understanding and methods of counteraction // Journal of Applied Research. – 2023. – No. 4. – P. 109-112.
4. Gedgafov M. M. Cybercrime in Russia: concept, level of public danger, methods of struggle // Journal of Applied Research. – 2023. – No. 6. – P. 123-127.
5. Tarchokov B. A. On the issue of the concept of cyberterrorism and some methods of counteraction // Law and Management. – 2023. – No. 2. – P. 170-174.
6. Khamurzov A. T. Cyberterrorism: New Challenges and Countermeasures // Journal of Applied Research. – 2021. – No. 3-2. – P. 74-77.
7. Khachidogov R. A. Cyberterrorism in the Global Information Space: New Challenges and Countermeasures // Education and Law. – 2021. – No. 6. – P. 362-366.
8. Shondirov R. Kh. Cybercrime: Goals, Methods of Commitment, Qualification Problems // Eurasian Law Journal. – 2023. – No. 5 (180). – P. 326-327.
CRIMINAL LAW
LUNEVA Anna Vladimirovna
Ph.D. in Law, associate professor, associate professor of Criminal law disciplines sub-faculty of the Far eastern branch of the Russian State University of Justice, Khabarovsk
KLIMENKO Anastasiya Konstantinovna
senior lecturer of General legal disciplines sub-faculty of the I. F. Shilov Far Eastern Law Institute of the MIA of Russia, Khabarovsk
THE INFLUENCE OF THE PRINCIPLE OF TRANSPARENCY ON THE CONSIDERATION OF CASES BY A COURT WITH THE PARTICIPATION OF JURORS ON THE EXAMPLE OF RUSSIA AND THE REPUBLIC OF KAZAKHSTAN
In the article, the authors draw attention to the influence of the mass media on the decision-making by jurors in criminal cases. It is proposed to consider the issue of filling out subscriptions by jurors on the restrictions of their actions in the Internet space for the period of the trial; as well as to introduce control over published information in the media in a criminal case in which the trial has not yet been completed. In addition, taking into account the similar features of the criminal procedure legislation of Russia and Kazakhstan, the authors analyzed the violation of the principle of publicity on the example of a high-profile trial in the case of K. Bishimbayev.
Keywords: the principle of openness, the institution of jurors, the legislation of the Russian Federation, the legislation of the Republic of Kazakhstan, the criminal case against K. Bishimbayev.
Article bibliography
1. Gubin S. A. Problems of consideration of criminal cases with the participation of jurors in the district (city) court // Legality. – 2023. – No. 9. – P. 50-52.
2. Chilingaryan L. S. Types of modern Russian families // Actual problems of human potential development in modern society. Proceedings of the III International scientific and practical Internet conference. – 2016. – P. 301-303.
CRIMINAL LAW
MIRZAKHANOVA Nurzhagan Kurbanovna
magister student of the 1st course of the correspondence studies of the Institute of Law of the Dagestan State University, Makhachkala
ZEYNALOV Marat Magomedovich
Ph.D. in Law, associate professor of Criminal law and criminology sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
CRIMINAL LIABILITY FOR CORRUPTION-RELATED CRIMES
The article examines the grounds for the use of compulsory medical measures in the criminal law of the Russian Federation, paying attention to theoretical and practical aspects. The norms of the Criminal Code of the Russian Federation concerning insanity and mental disorders that impede criminal liabilityare analyzed. The types of compulsory medical measures, their purpose and control over their execution are described. The article considers the legal guarantees and rights of persons who are assigned such measures, as well as the role of forensic psychiatric examination. Examples of judicial practice are given and the problems of implementing coercive measures are discussed. The balance between the protection of society and the rights of patients is discussed. It is concluded that there is a need to improve legislation and improve the conditions of patient care.
Keywords: compulsory medical measures, criminal law, insanity, mental disorders, forensic psychiatric examination, patients’ rights , judicial practice.
Article bibliographic list
1. Akhmedkhanova S. T. The procedure for bringing to criminal liability for corruption crimes in the field of education // Global and Regional Research. – 2022. – V. 4. No. 1. – P. 106-112.
2. Antonova E. Yu. Criminal liability of legal entities for corruption crimes under the legislation of Costa Rica // State and legal systems of the countries of the Asia-Pacific region: problems of state-legal cooperation in the context of the crisis of international law: Proceedings of the VIII International Scientific and Practical Conference, Ulan-Ude, June 24, 2021. – Ulan-Ude: Buryat State University named after Dorzhi Banzarov, 2021. – P. 86-90 .
3. Dronin I. V. Criminal liability for crimes in the sphere of economic activity // Student Bulletin. – 2020. – No. 25-1 (123). – P. 36-40
4. Nurgazin M. S. Responsibility for corruption crimes under the criminal legislation of some foreign countries // Science in the modern world: Collection of scientific papers based on the materials of the XXII International scientific and practical conference, Anapa, June 08, 2021 year. – Anapa: Limited Liability Company “Research Center for Economic and Social Processes” in the Southern Federal District, 2021. – P. 77-80.
5. Rykova M. N. Problems of criminal liability for corruption-related crimes // Modern jurisprudence: current issues, achievements and innovations: Collection of articles of the XXVIII International scientific and practical conference, Penza, July 5, 2020. – Penza: “Science and Enlightenment” (IP Gulyaev G.Yu.), 2020. – P. 60-62.
CRIMINAL LAW
MOSKVIN Mikhail Mikhaylovich
lecturer of Fire training sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia
PROCEDURAL ASPECTS OF THE EXECUTION OF THE SUSPENSION AND RESUMPTION OF THE PRELIMINARY INVESTIGATION
The article examines the stages of suspension and resumption of the preliminary investigation, specifies and defines the conditions under which the preliminary investigation can be suspended or resumed . The author emphasizes the importance of proper documentation of their actions by an official and the need for error-free compilation of appropriate protocols. An example of filling in the relevant regulations is analyzed in detail. When considering the grounds for suspending and resuming criminal proceedings, the author emphasizes the need, first of all, to refer to the legislative norms provided for by the Code of Criminal Procedure of the Russian Federation. Focuses on the obligation to comply with the correct legal technique for the purpose of publicly studying these regulations by regulatory and supervisory authorities. It also shows the responsibility of the actions of an official who makes up a particular procedural document in the field of suspension and resumption
Keywords: legislation, investigator, inquirer, document procedural, preliminary investigation, suspension , resumption of preliminary investigation.
Article bibliographic list
1. “Criminal Procedure Code of the Russian Federation” dated December 18, 2001 No. 174-FZ (Code of Criminal Procedure of the Russian Federation) // Consultant Plus : computer reference legal system. [Electronic resource]. – Access mode: http://www.consultant.ru (date accessed: 15.06.2024).
2. “The Constitution of the Russian Federation” (adopted by popular vote on 12.12.1993 with amendments approved during the all-Russian vote on 01.07.2020 ) // Consultant Plus: comp. reference legal system. [Electronic resource]. – Access mode: http://www.consultant.ru (date of access: 15.06.2024).
3. “Criminal Code of the Russian Federation » dated 13.06.1996 No. 63-FZ (as amended on 18.07.2022) // Consultant Plus: comp. reference legal system. [Electronic resource]. – Access mode: http://www.consultant.ru (date of access: 15.06.2024).
CRIMINAL LAW
RODYGIN Roman Alexandrovich
Senior lecturer of Criminal law sub-faculty of the Ural Law Institute of theMIA of Russia, Yekaterinburg
MALOFEY Alexander Olegovich
Ph.D. in technical sciences, associate professor, associate professor of Tactical and special training sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia
KOLBYSHEV Pavel Romanovich
lecturer of Fire training sub-faculty of the Siberian Law Institute of the MIA of Russia, Krasnoyarsk
PUBLIC CALLS FOR THE IMPLEMENTATION OF ACTIVITIES DIRECTED AGAINST THE SECURITY OF THE STATE: CRIMINAL LAW CHARACTERISTICS OF THE OBJECTIVE SIDE
In the article, the authors analyzed in detail the features of constructing the objective side of the corpus delicti, which provides for responsibility for public calls to carry out activities directed against the security of the state. Attention is focused on a number of legal and technical errors that were made by the legislator when formulating the criminal law prohibition enshrined in Article 280.4 of the Criminal Code of the Russian Federation. In addition, the issue of establishing the moment of the end of the specified crime was considered.
Keywords: criminal liability, objective side, corpus delicti, public appeals, state security.
Article bibliography
1. Explanatory note to the draft Federal Law No. 130406-8 “On Amendments to the Criminal Code of the Russian Federation and the Criminal Procedure Code of the Russian Federation”. [Electronic resource]. – Access mode: www. consultant.ru.
2. Data of the judicial statistics for 2023 of the Judicial Department under the Supreme Court of the Russian Federation. [Electronic resource]. – Access mode: http://www.cdep.ru/
3. Explanatory dictionary of S. I. Ozhegov. [Electronic resource]. – Access mode: https://slovarozhegova.ru/
4. Kuznetsov R. D. On the concept of public calls for extremist activity: problems of qualification // Issues of Russian Justice. – 2021. – No. 6. – P. 408-413.
5. Tkachevsky Yu. M. Criminal liability for slander // Legislation. – 1999. – No. 11. – P. 144-147.
6. Shmarion V. I. Responsibility for crimes against the honor and dignity of a person under Russian criminal legislation: diss. … Cand. of Law : 12.00.08. – Rostov-on-Don, 2001. – 228 p.
7. On judicial practice in criminal cases on crimes of an extremist nature: Resolution of the Plenum of the Supreme Court of the Russian Federation of 28.06.2011 No. 11. [Electronic resource]. – Access mode: https://www.consultant.ru/
8. On some issues of judicial practice in criminal cases on terrorist crimes: Resolution of the Plenum of the Supreme Court of the Russian Federation of 09.02.2012 No. 1. [Electronic resource]. – Access mode: https ://www.consultant.ru/
9. Explanatory Dictionary of D. N. Ushakov. [Electronic resource]. – Access mode: https://ushakovdictionary.ru/
CRIMINAL LAW
STUPINA Svetlana Alexandrovna
Ph.D. in Law, associate professor, associate professor of Forensic science sub-faculty of the Siberian Fire and Rescue Academy of the EMERCOM of Russia, Zheleznogorsk
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
VIOLATION OF THE REQUIREMENTS FOR ANTI-TERRORIST PROTECTION OF FACILITIES (TERRITORIES): QUALIFICATION ISSUES
The article analyzes issues related to the establishment of signs of a crime under Article 217.3 of the Criminal Code of the Russian Federation “Violation of requirements for anti-terrorist protection of objects (territories)”. Special attention is paid to the definition of the content of a socially dangerous act of this crime, as well as the characteristics of the subject. The options of qualification for distinguishing the analyzed crime from related ones are given. Taking into account the current terrorist threats, proposals have been formulated for certain areas of improvement of criminal law measures in the field of ensuring anti-terrorist protection.
Keywords: crime, criminal liability, anti- terrorist protection of objects (territories), violation of the requirements of anti-terrorist protection.
Article bibliography
1. Vinokurov V. A., Korchukov A. A., Shafigulin K. . V. Implementation of requirements for anti-terrorist protection of objects (territories): critical aspect // Journal of Legal Research. – 2021. – V. 6. No. 1. – P. 60-69.
2. Shipulin A. V., Akhlyustin S. B., Merkulova N. I. The procedure and grounds for involving citizens and legal entities by non-departmental security officers persons to administrative responsibility for violating the requirements for anti-terrorist protection of facilities // Bulletin of the Voronezh Institute of the Ministry of Internal Affairs of Russia. – 2020. – No. 4. – P.257-264.
3. The Prosecutor General proposed updating the safety data sheets of objects. [Electronic resource]. – Access mode: https://tass.ru/politika/20353699. (Accessed: 07/05/2024).
CRIMINAL LAW
KAMYSHANSKIY Dmitriy Yurjevich
senior lecturer of the Faculty of law of the A. S. Griboedov Moscow University, member of the Expert advisory council of the Parliamentary Assembly of the Collective Security Treaty Organization
ALIMOV Emil Vaizovich
Ph.D. in Law, associate professor of Parliamentarism and interparliamentary cooperation sub-faculty of the Institute of Public Administration and Management of the Russian Presidential Academy of National Economy and Public Administration under the President of the Russian Federation
CORRELATION BETWEEN THE CONCEPTS OF “CORRUPTION”, “CORRUPTION-RELATED CRIMES” AND “CORRUPTION OFFENSES”
The effectiveness of organizing the activities of law enforcement officers, primarily lawyers, and the level of their professionalism largely depends on the certainty and unambiguity of the conceptual apparatus they use, which forms common approaches to work and a professional language of communication. In order to streamline very professional terminology and ensure its uniform understanding and application, it is necessary to have a timely and effective scientific discussion on certain issues of legal science with the development of specific scientifically based proposals, including on issues of combating corruption. In this regard, the scientific article presents modern approaches to the etymology of the concepts of «corruption», «corruption-related crimes» and «corruption offenses» from the point of view of legal science based on the analysis of the legislation of the Russian Federation, the content of scientific works of Russian scientists and specialists on this issue, as well as the author’s approach to understanding these concepts.
Keywords: corruption, corruption-related crimes, corruption offenses, corruption manifestations, terminology.
Article bibliography
1. Abashidze A.Kh., Diallo S. The fight against corruption is an important condition for more fully ensuring human rights (international legal approach) // Human rights in the modern world: concepts, reality and prospects: Proceedings of the international scientific and practical conference dedicated to Human Rights Day and the International Day against Corruption, Dushanbe, December 3, 2021. – Dushanbe: Academy of Public Administration under the President of the Republic of Tajikistan, 2022.
2. Aksenov A. N. Actual issues in the study of legal terminology // State and law: evolution, current state, development prospects (on the 25th anniversary of the St. Petersburg University of the Ministry of Internal Affairs of Russia): Proceedings of the XX international scientific and theoretical conference. In 2 parts, St. Petersburg, April 27-28, 2023. – SPb .: St. Petersburg University of the Ministry of Internal Affairs of Russia, 2023.
3. Zakomoldin R. V. On the trends of the current military criminal legislation and the practice of its application // Criminal policy of Russia at the present stage: state, trends, prospects (on the 100th anniversary of the birth of G. M. Minkovsky): Collection of scientific papers based on the materials of the International Conference, Academy of Management of the Ministry of Internal Affairs of Russia, September 29, 2023. – M.: Academy of Management of the Ministry of Internal Affairs of Russia, 2023.
4. Kamyshansky D. Yu. On the specifics of the criminal-legal definition under the legislation of the CSTO member states of subjects of corruption-related crimes // Economic security as an integral component of collective security: materials of the international scientific and practical conference (St. Petersburg, November 28, 2018) / Ed. by P. P. Ryabukhin, V. V. Bondurovsky, I. V. Losev, G. I. Perekopsky. – St. Petersburg: Secretariat of the Council of the Interparliamentary Assembly of Member Nations of the CIS, 2019.
5. Kamyshansky D. Yu., Aksyonov A. N. Criminal-legal characteristics of corruption-related crimes under the legislation of the Federal Republic of Germany // International criminal law and international justice. – 2024. – No. 2. – P. 22.
6. Kosarev S. Yu., Mokhorov D. A., Medvedeva A. A. Legal regulation of combating corruption. Anti-corruption education. – SPb.: Publishing and Printing Association of Higher Educational Institutions, 2024.
7. Ovchinsky V. S., Ovchinsky S. S. The fight against mafia in Russia: a manual in questions and answers for employees of internal affairs bodies. – M.: SIMS, 1993.
8. Pozdnyakova E. V. Corruption in internal affairs bodies: concept and ways to overcome it // On the role of law enforcement agencies in the implementation of the National Anti-Corruption Plan, approved on July 13, 2008 by the President of the Russian Federation: Materials of the round table (Moscow, April 29, 2010). – M.: FGU “VNII MVD of Russia”, 2010.
9. KhabrievaT. Ya., Kurbanov R. A., Abuzyarova N. A. Legal basis for combating corruption: international and national standards and initiatives. – M.: Limited Liability Company “Prospect”, 2023.
10. Chekmezova E. I., Ermekova Z. D. The relationship between the concepts of “corruption”, “corruption crimes” and “bribery” under the legislation of the Russian Federation and the Republic of Kazakhstan // Siberian Legal Review. – 2024. – No. 1.
CRIMINAL LAW
KHADISOV Gaziyavdebir Khadisovich
Ph.D. in Law, associate professor of the North Caucasus Institute of the All-Union State University of Justice (RLA of the Ministry of Justice of Russia), branch in Makhachkala
TAILOVA Aisha Gabibovna
Ph.D. in Law, associate professor of Legal disciplines sub-faculty of the North Caucasus Institute of the All-Union State University of Justice (RLA of the Ministry of Justice of Russia), branch in Makhachkala
ABDULMUSLIMOV Sultan Mukhtarpashaevich
magister student of the 2nd course of the North Caucasus Institute of the All-Union State University of Justice (RLA of the Ministry of Justice of Russia), branch in Makhachkala
ESSENCE OF AMNESTY AND PARDON AS A TYPE OF STATE ENCOURAGEMENT
The article analyzes the essence of amnesty and pardon as a type of state encouragement, which consists in giving second chances to reward persons, recognizing the possibility of their correction and rehabilitation. The state, applying these measures, demonstrates its ability to humanity and mercy, important aspects of a legal society. Amnesty and pardon differ from each other both in the order of application and legal consequences, but they are united by a common goal – mitigation of punitive impact on individuals.
According to the authors, amnesty and pardon are not only manifestations of the institution of state encouragement, but also important elements of humanization of the penal system. They contribute to the maintenance of social peace and allow the state to demonstrate its readiness for forgiveness and justice. With their help, a balance is established between the inevitability of punishment and the possibility of its mitigation, which is ultimately aimed at improving the social atmosphere and building the rule of law.
Keywords: amnesty, pardon, legal institutions, state encouragement, essence
Article bibliography
1. Bocharnikova L.N., Belsky A.I. Problems of implementing the right to amnesty and pardon in Russian legislation // Bulletin of the Belgorod Law Institute of the Ministry of Internal Affairs of Russia. 2012. No. 1. P. 41.
2. Pakhanov I.V. On the relevance of the study of the institution of amnesty and pardon // Young scientist. 2015. No. 11. P. 1097-1098.
3. Sazhenkov Yu. V. Selivestrov V. I. Legal problems of pardon in Russia. M.: Jurisprudence, 2008. 168 p.
CRIMINAL LAW
KHAKIMOV Nazim Nazipovich
senior lecturer of Special training sub-faculty of the Ufa Law Institute of the MIA of Russia
FAKHRISLAMOV Tagir Ravilovich
lecturer of the Cycle of Professional Service and Physical Training of the Ufa School for the Training of Dog Handlers of the MIA of Russia
RESPONSIBILITY FOR CRIMES COMMITTED BY ARTIFICIAL INTELLIGENCE
Currently, the process of digitalization of almost all aspects of life is actively continuing through the introduction of artificial intelligence technologies, biometric identification, work with large amounts of data, cloud storage of information, and remote banking. The article discusses the issue of the legal personality of artificial intelligence. The purpose of the study is to analyze the current development of neural networks and make a forecast for their future development, taking into account the latest trends in the field of AI. As a result of the study, conclusions were drawn that when considering the issue of liability, it is necessary to evaluate the goals of creating a neural network, the real possibility of a given person to prevent a crime committed by artificial intelligence, and also to force this person to limit the operation of the neural network or completely stop its activities. Individuals and legal entities (authors, persons teaching a neural network) are required to apply proper precautions when creating a neural network and have the opportunity to influence its operation at any time.
At the moment, it is not possible to talk about the possibility of applying liability measures in relation to artificial intelligence itself due to the primitive nature of its structure from the point of view of neuro-psychological parameters.
Keywords. Artificial intelligence, neural network, education, criminal law, responsibility, sanctions, punishment.
Article bibliography
1. Hallevy G. When Robots Kill: Artificial Intelligence Under Criminal Law. – Boston, 2013. – P. 1-244.
2. Belkin A. Super-efficient neural network or hypernet // IT-blog “Habr”, [Electronic resource]. – Access mode https://habr.com/ru/articles/526850/ (date of access: 10/20/2023).
3. Veprev S. B., Nesterovich S. A. On some criminal directions in the use of artificial intelligence // Bulletin of science. – 2019. – Vol. 2. No. 6 (15). – P. 377–383.
4. Erakhtina E. A., Tirranen V. A. Crimes committed with the use of artificial intelligence: problems of qualification and investigation // Bulletin of the Siberian Law Institute of the Ministry of Internal Affairs of Russia. – 2019. – No. 2 (35). –P. 36–41.
5. Ivaschenko M. A. Artificial intelligence in the criminal legislation of Russia // Academic Thought. –2020. – No. 4 (13). –P. 62–65.
6. Mosechkin I. N. Artificial intelligence in criminal law: prospects for improving protection and regulation: [monograph]. – Kirov: Vyatka State University, 2020. – 111 p.
7. Mosechkin I. N. Artificial Intelligence and Criminal Liability: Problems of Formation of a New Type of Subject of a Crime // Bulletin of St. Petersburg University. Law. –2019. – Vol. 10. No. 3. – P. 461-476.
8. Stetsenko M. I. Artificial Intelligence and the Concept of the Author’s Creative Contribution to Intellectual Property Law // Theory of Law and Interstate Relations. – 2021. – Vol. 1. No. 8 (20). – pp. 249-259.
CRIMINAL LAW
FAYZULIN Artur Alexeevich
postgraduate student of the 2nd year of study of the Institute of Law of the Volgograd State University
THE CRIMINAL LEGAL TOOLS CONCEPT OF COUNTERING DRUG ADDICTION AND NARCOTISM PRESCRIBED BY THE GENERAL PART OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION
This scientific research is devoted to the development of a definition of the concept of “criminal legal means of countering drug addiction and narcosis provided for by the General Part of the Criminal Code of the Russian Federation”, to identify its scope, characteristics of signs and identification of the theoretical and practical meaning of this concept. At the same time, the author achieves an understanding of the content of the relevant terminology by applying etymological, philosophical and formal legal approaches.
Keywords: criminal law, tools, legal tools, criminal legal tools, countering drug addiction, countering narcotism, drugs, narcotism, concept legal tools, general part.
Article bibliography
1. Avdeev V. A., Avdeeva O. A. The concept of criminal-legal policy of the Russian Federation: the main directions of improving the criminal law and optimizing measures to combat crime // Criminological journal of the Baikal state university of economics and law. – Irkutsk: Publishing house of BSUE, 2014. – No. 1. – P. 12-24.
2. Agisheva Yu. R. The essence of legal means, their features and types // Young scientist. – 2020. – No. 39. – P. 101-102.
3. Alekseev P. V., Panin A. V. Philosophy: textbook – 4th ed., revised and enlarged. – M.: Prospect Publishing House: Moscow University Publishing House, 2015. – 588 p.
4. Alekseev S. S. Legal means: problem statement, concept, classification // Soviet state and law. – 1987. – No. 6. – P. 12-19.
5. Antonov A. G., Belareva O. A., Valeev M. T. et al.; under the general editorship of Utkin V. A., Shesler A. V. Criminal law. General part: textbook. Ministry of Education and Science of the Russian Federation, Nat. research. Tomsk State University. – Tomsk: Publishing House of Tomsk State University, 2016. – 599 p.
6. Baturina Yu. B. Legal form and legal means in the system of concepts of the theory of law: abstract of dis. … candidate of legal sciences: 12.00.01 / Acad. management of the Ministry of Internal Affairs of the Russian Federation. – M., 2001. – 23 p.
7. Berezhnov A. G., Glebov A. P., Kenenov A. A., Komarov S. A., et al.; Ed.: Marchenko M. N. Problems of the theory of state and law. Textbook. – M.: Jurist, 2001. – 656 p.
8. Vasilyeva T. A. Concept and meaning of the source of law // Bulletin of the Volga University named after V. N. Tatishchev. – Tolyatti: VUiT. – 2010. – Issue 2. – P. 37-44.
9. Dorofeev AV Legal means and legal incentives: on the relationship between concepts // Scientific notes of the Crimean Federal University named after V. I. Vernadsky. Legal sciences. – 2021. – No. 2. – P. 26-30.
10. Zhdanova AA Expediency and goal in social development / Leningrad state University named after. – L .: Publishing house of Leningrad University, 1969. – 96 p.
11. Kaplina AA, Sorokina AA, Chuklov I, Paderin DR Concept, methods and means of the mechanism of legal regulation // New information technologies in science. Collection of articles of the International scientific and practical conference. – 2019. – Volume Part 2.– P. 193-196.
12. Klimenko T. M. Problems of combating drug crime,drug addiction and drug use in the Russian Federation: theoretical and practical issues: abstract of dis. … doctor of law. – Volgograd, 2008. – 39 p.
13. Konstantinov F. V. Philosophical Encyclopedia. – M.: Sov. Encyclopedia, 1960. – 5 v. – 575 p.
14. Konyakhin V. P. Theoretical Foundations for the Construction of the General Part of Russian Criminal Law. – St. Petersburg: Legal Center Press., 2002. – 348 p.
15. Kurilov V. XXVII Congress of the CPSU and Social and Legal Means of Forming Personal Behavior at Work // Jurisprudence. – L.: Publishing House of Leningrad University. – 1987. – № 3. – P. 3-11.
16. Lapshinov E. V. The concept of legal means in the legal tradition // Leningrad Law Journal. – 2009. – № 3. – P. 173-186.
17. Malko A. V. New phenomena in the political and legal life of Russia: issues of theory and practice. – Togliatti: Volzh. University named after V. N. Tatishchev., 1999. – 199 p.
18. Puginsky B. I. Civil law means in business relations – M.: Legal literature, 1984. – 224 p.
19. Romanova L. I. Drug crime: criminological and criminal-legal characteristics: textbook. – [2nd ed.]. – Vladivostok: Publishing house of the Far Eastern University, 2009. – P. 311.
20. Rybushkin N. N. Theoretical problems of criminal-legal regulation of social relations: features of the subject and method // Scientific notes of Kazan State University. Series: Humanities. – 2007. – No. 6. – P. 171-179.
21. Sapun V. A. Activities on the use of legal means in the implementation of Soviet law // Problems of the implementation of law. – Sverdlovsk, 1990. – P. 10.
22. Sapun V. A. Theory of legal means and the mechanism for the implementation of law: dissertation … doctor of law. – M.: RGB., 2003. – 321 p.
23. Chervonyuk V. I. Theory of State and Law: a textbook for students of higher educational institutions studying in the specialty 021100 “Jurisprudence”. – M.: INFRA-M, – 2009. – 703 p.
24. Shershenevich G. F. Textbook of Russian civil law. – 10th ed. – M.: Publishing House of the Bashmakov Brothers, 1912. – 948 p.
25. Shundikov K. V. Instrumental Theory of Law – a Promising Direction of Scientific Research // Jurisprudence. – St. Petersburg: Publishing House of St. Petersburg. University. – 2002. – No. 2. – pp. 16-23.
CRIMINAL LAW
FILIPPOVA Elena Evgenjevna
Ph.D. in physical and mathematical sciences, associate professor, associate professor of Computer science and mathematics sub-faculty of the Faculty of Engineering and Economics of the Vologda Institute of Law and Economics of the FPS of Russia
ULENDEEVA Nataliya Ivanovna
Ph.D. in pedagogical sciences, associate professor, associate professor of Humanitarian, socio-economic and information technologies sub-faculty of the Samara Law Institute of the FPS of Russia
ZVYAGINTSEVA Elena Nikolaevna
Ph.D. in economical sciences, associate professor of Humanitarian and socio-economic disciplines sub-faculty of the St. Petersburg University of the FPS of Russia
ON THE STATE OF CRIME IN RUSSIA, COMMITTED USING INFORMATION AND TELECOMMUNICATION TECHNOLOGIES OR IN THE FIELD OF COMPUTER INFORMATION
The article analyzes the current state of crimes in Russia committed using information and telecommunication technologies, substantiates generalized data on the characteristics of the dynamics series. The causes and features of Internet crimes are analyzed. The highlighted recommendations on combating cybercrime contain general approaches and directions for reducing the number of crimes using IT technologies, which characterize systematic preventive work with different categories of citizens, popular coverage of techniques and methods of fraudulent schemes, as well as increasing digital and computer literacy of the population. The paper summarizes the conclusion that a combination of security measures can lead to positive developments in the fight against cybercrime.
Keywords: informatization, cybercrime, crime statistics, characteristics of a number of dynamics, absolute growth, growth coefficient.
Article bibliography
1. Popov A. N. Crimes in the field of computer information: a tutorial. – St. Petersburg: St. Petersburg Law Institute (branch) of the University of the Prosecutor’s Office of the Russian Federation, 2018. – 68 p.
2. Martynenko N. E. Criminal-legal policy of Russia in the context of information globalization // Bulletin of the Kazan Law Institute of the Ministry of Internal Affairs of Russia. – 2022. – Vol. 13. No. 2 (48). – P. 57-62.
3. Titov D. V., Filipova E. E. Information security. Information security measures. Fundamentals of cyber hygiene: a tutorial; VIPE. – Kazan: Buk, 2023. – 80 p.
CRIMINAL LAW
KHANUKAEV Grigoriy Sergeevich
postgraduate student of the Institute of Legislation and Comparative Law under theGovernment of the Russian Federation
THE ESSENCE OF CORRUPTION IN INSURANCE: SCHEMES FOR COMMITTING CORRUPTION CRIMES AND THEIR CLASSIFICATION
The lack of anti-corruption standards in the insurance sector, as well as the lack of a clear concept and classification of corrupt practices in the insurance sector, in our opinion, create a legal vacuum that makes it difficult to effectively combat corruption. The article analyzes the classifications of insurance frauds and corruption schemes. It is concluded that it is necessary to introduce clear legal norms that would take into account the complexity of corruption schemes in insurance, and would propose criminalization of specific actions that go beyond ordinary fraud, including abuse of authority and commercial bribery. The author offers his own definition of corruption in this industry.
Keywords: corruption, insurance, corruption in insurance, fraud in the insurance sector, corruption schemes, abuse of authority, classification of crimes, anti -corruption legislation.
Article bibliography
1. Borovskikh R.N. Typical mechanisms and practice of combating organized criminal activity in the insurance sector // Lex Russica. – 2017. – No. 8 ( 129). – P. 119-135.
2. Yesayan A.K., Truntsevskiy Yu.V. On the concept and characteristics of schemes for committing financial crimes // Legal World. – 2008. – No. 2. – P. 67-69.
3. Neshko E. M., Shevtsov V. V. Fraud in the field of insurance: criminal-legal and economic aspects // Scientific journal “Epomen”. – 2019. – No. 25. – P. 197-206.
4. Usenko A. S., Usenko S. V. International legal aspects of the fight against corruption // Actual problems of the theory and practice of operational-search activities: materials IV All-Russian scientific and practical conference. Krasnodar: Krasnodar University of the Ministry of Internal Affairs of Russia, 2016. – P. 97-103.
5. Economic security (criminal-legal mechanisms of provision) / Responsible. editors I. I. Kucherov, O. A. Zaitsev, S. L. Nudel. – M., 2021. – 320 p.
6. Fraud in the field of insurance // Department of the Ministry of Internal Affairs of Russia for the Aleksandrovsky District. – [Electronic resource]. – Access mode: https://259.56.xn--b1aew.xn –p1ai/news/item/18321665/
CRIMINAL LAW
SHEYKHMAGOMEDOV Magomed Makasharipovich
Master student of the 2nd course of full-time and part-time education at the Institute of Law of the Dagestan State University, Makhachkala
AKAEVA Aminat Abdurakhmanovna
Ph.D. in Law, associate professor of Criminal law and criminology sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
CAUSATION IN IATROGENIC CRIMES
This article examines problematic aspects in establishing causal relationships in the investigation of iatrogenic crimes, analyzes the current situation in the medical field, draws a line between the inaction of a medical worker and an incompetent attitude towards a patient, lists the theories of causal relationships used in Russian judicial practice, analyzes the tasks that law enforcement officers face in taking measures to establish causality in the investigation of various types of medical harm, notes the difficulty in curing such complex diseases as HIV, AIDS, Crohn’s disease, Alzheimer’s and Parkinson’s disease, and provides circumstances that prevent the identification of a medical worker involved in a crime.
Keywords:causality, iatrogenic crimes, negligence, improper performance of professional duties, theories of causality, health care worker, medical intervention.
Article bibliography
1. Medical errors take millions of lives and cost trillions of dollars // Society. – 09/16/2023. [Electronic resource]. – Access mode: https://www.kommersant.ru/doc/6211993 (date of access: 05/14/2024).
2. Igonina E. O. Establishing a causal relationship when careless causing of death to a patient by medical workers // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2024. – No. 2. – P. 155-164.
3. Soktoev Z. B. On the history of the issue of causality in criminal law // Siberian legal bulletin. – 2000. – No. 3. – P. 243.
4. Investigation of crimes committed by medical workers through negligence (iatrogenic crimes): teaching method, manual for university students studying in the field of training “Jurisprudence” / Ed. . A. M. Bagmeta. – M.: UNITY-DANA, 2018. – 159 p.
5. What cancer cannot be cured? June 27, 2024. [Electronic resource]. – Access mode: https://inuclear.ru/patsientam/articles/kakoy_rak_nelzya_vylechit/?ysclid=lxysopnf52939381455 (date of access: 06/28/2024).
CRIMINAL LAW
SHOGENOVA Fatima Olegovna
Ph.D. in economic sciences, associate professorof Criminal Law, process and criminology sub-faculty of the Institute of Law, Economics and Finance of the H. M. Berbekov Kabardino-Balkarian State University, Nalchik
ZALIKHANOV Leila Ibragimovna
Ph.D. in Law, associate professor of Criminal Law, process and criminology sub-faculty of the Institute of Law, Economics and Finance of the H. M. Berbekov Kabardino-Balkarian State University, Nalchik
PROBLEMS OF ECONOMIC CRIME PREVENTION
In modern conditions of economic transformation and in today’s conditions of economic transformation and instability, the issues of countering economic crime are of particular importance. Economic crime causes serious damage to the national economy, undermines the foundations of socio-economic development, undermines investor confidence and hinders the attraction of investment. This negatively affects the well-being of citizens, reduces the rate of economic growth and competitiveness of the country as a whole. Therefore, improving mechanisms of prevention and prophylaxis of economic crime is one of the key tasks of ensuring economic security of the state. The problem of economic crime is especially relevant in the conditions of transition to a market economy, when new types of criminal activity arise, related to illegal entrepreneurship, tax evasion, embezzlement of public and private property, legalization of proceeds of crime, and other abuses .
Criminals are using more and more sophisticated schemes and methods, which requires constant improvement of law enforcement activities and legislation in this area. Of particular relevance are issues of preventing corruption, which is closely linked to economic crimes and creates favorable conditions for the prevention of corruption. and creates favorable conditions for their commission crimes. Corruption undermines trust in the authorities, creates a breeding ground for the shadow economy and organized crime. This article is devoted to the urgent problem of preventing economic crime in modern conditions. The authors consider a set of issues related to countering abusive acts in the sphere of economy, analyze the existing approaches to the prevention of economic crimes and offer new methods of combating this negative phenomenon. The work examines in detail the main types of economic crimes, their causes and factors contributing to their commission. Special attention is paid to the analysis of modern trends in the sphere of economic crime, including the use of new technologies and new methods of combating this negative phenomenon. The author emphasizes the need for a comprehensive approach to preventing economic crime, including both improvement of the legislative framework, as well as improving the effectiveness of law enforcement bodies. The article considers the problems of interagency cooperation and international cooperation in combating economic crime. Considerable attention is paid to the role of the business community and civil society in the prevention of economic crime. The authors propose a number of measures to increase the transparency of economic activity and the formation of a culture of law-abiding behavior in business. The final part of the paper gives specific recommendations for improving the system of prevention of economic crime, including the introduction of new technologies for monitoring and analyzing economic information, strengthening preventive work and increasing the level of economic literacy of the population.
Keywords: economic crime, financial fraud, corruption, money-laundering, intellectual property theft, prevention, regulation, cybersecurity, law enforcement, cooperation.
References
1. Arslanbekova A. Z. The concept and classification of financial crimes // Bulletin of Dagestan State University. – 2015. – Vol. 30. Vyp. 2. – pp. 88-96.
2. Baitin M. I. Theory of State and Law: A Course of Lectures / [Baitin M. I., Borisov V. V., Grigoriev F. A. and others]; Edited by N. I. Matuzov and A. V. Malko. – 2. ed., rev. and supplement. – Moscow: Jurist, 2000. – 771 p.; 22 cm.
3. Basyrova L. F. Personality of a criminal who committed an economic crime // Ufa: Limited Liability Company “Scientific and Publishing Center ‘Vestnik Nauki’, 2023. – pp. 88-91.
4. Gaukhman L. D., Maximov S. V. Criminal liability for crimes in the sphere of economy. – Moscow: Training and Consulting Center “Yurinfor”, 1996. – 290 p.
5. Gilyarov E. M.; Shabunya V. V. Public control as a mechanism to counteract corruption in public authorities // Civil society in Russia and abroad. – 2019. – No. 3. – P. 34-37.
6. Dmitriev O. V. Economic crime and counteraction to it in the conditions of market system of management. – Moscow: Yurist, 2005 (OAO Mozhaisky polygraphic comb.). – 394 p.; 21 cm.
7. Egorshin V. M.; Kolesnikov V. V. Crime in the sphere of economic activity / Ministry of Internal Affairs of Russia. St. Petersburg University, Acad. of Law, Economics and Life Safety. – SPb.: University, 2000. – 270, [1] p.: portrait; 21 cm.
8. Korzhansky N. I. Object and subject of criminal-legal protection / [foreword by V. N. Kudryavtsev]; Academy of the USSR Ministry of Internal Affairs. – Moscow: Academy of the USSR Ministry of Internal Affairs, 1980. – 248 p.; 21 cm.
9. Korobkin A. N. Managing the conflict of interest in a commercial bank as a mechanism to counteract corruption // Banking Law. – 2016. – No. 5. – P. 32-37.
10. Korobov V. B. Social technologies in modern public administration: Issues of theory, methodology, practice: abstract of the dissertation … Doctor of sociological sciences: 00.22.08 / Academy of Management of the Ministry of Internal Affairs of the Russian Federation. – Moscow, 2002. – 46 p.
11. Lopashenko N. A. Chapter 22 of the Criminal Code needs improvement // State and Law. – 2000. – No. 12. – P. 21.
12. Lyaskalo A. Illegal banking operations: criminal legal aspect // Criminal Law. – 2014. – No. 4. – P. 42-50.
13. Nikolaeva Y. V., Grimalskaya S. A. Prevention of economic crime: problems and ways to overcome them // Education and Law. – 2020. – No. 1. – P. 330-343.
14. Nikolaeva Y. V. Prevention of economic crime: theory and practice // Military Law. – 2019. – No. 6 (58). – pp. 213-219.
15. Pototsky N. K., Nevolin S. A. On the problems of preventing economic crime by law enforcement agencies // Education and Law. – 2022. – No. 10. – P. 428-432.
CRIMINAL LAW
YURKEVICH Evelina Alexandrovna
student of the Far Eastern Federal University, Vladivostok
GRININA Ekaterina Vladimirovna
student of the Far Eastern Federal University, Vladivostok
PUGINA Varvara Ivanovna
student of the Far Eastern Federal University, Vladivostok
PRIMAK Vladislav Vadimovich
student of the Far Eastern Federal University, Vladivostok
SOCIO-ECONOMIC AND INFORMATION TECHNOLOGY GROUNDS FOR CRIMINALIZATION OF FRAUD IN THE FIELD OF COMPUTER INFORMATION
When choosing an object of criminal law protection and establishing a criminal law ban on committing anaction recognized as a crime, the legislator should take into account, first of all, the social conditionality of certain public relations, their importance and role for the entire system of public relations, as well as the impact of this act on the rights and legitimate interests of participants in public relations. The authors explore the social, economic, and information technology grounds for criminalizing fraud in the field of computer information, analyzing current trends and changes in this area, including the development of the digital economy, the increase in the number of crimes in this area and the specifics of regulatory regulation.
Keywords: fraud, computer information, criminalization, crime.
Article bibliography
1. Kuryleva V. N. Effectiveness of criminal law norms // Problems of Economics and Legal Practice. – 2007. – No. 2.
2. Efremova M. A. Criminal-legal protection of information security: dis. … cand. jurid. sciences. – M., 2017. – 426 p.
3. Grigoryan G. R. Socio-economic and information technology grounds for criminalization of fraud in the field of computer information // Legal Bulletin of Samara University. – 2019. – No. 3.
4. Resolution of the Government of the Russian Federation of 15.04.2014 No. 313 “On approval of the state program of the Russian Federation” Information Society (2011-2020) ” // Collection of legislation of the Russian Federation. – 2014. – No. 18 (Part II). – Art. 2159.
5. Efremova M. A. Criminal and legal protection of information security. – M.: Publishing house “Yurlitinform”, 2018. – 312 p.
6. Bezverkhov A. G. Property crimes. – Samara: Publishing house “Samara University”, 2002. – 429 p.
CRIMINAL LAW
BAGAMAEVA Jamilya Magomedalievna
Ph.D. in historical sciences, associate professor of Legal disciplines sub-faculty of the Dagestan State University, branch in Izberbash
CHARACTERISTICS OF CRIMES IN THE FIELD OF COMPUTER INFORMATION IN FOREIGN LEGISLATION
In the era of rapid development of digital technologies and widespread dissemination of information systems, crimes in the field of computer information are becoming one of the key security threats for both individual citizens and the state as a whole.
These crimes, including cyber attacks, hacking, phishing and other forms of unauthorized access to data, pose a serious threat to the confidentiality, integrity and accessibility of information. In the context of global interconnectedness and growing dependence on digital infrastructures, ensuring information security is becoming a priority for the scientific community, government organizations and the private sector.
This highlights the need for a deeper and more comprehensive approach to the definition and classification of concepts in Russian legislation in order to effectively combat cybercrime.
Keywords: cyber attacks, hacking, phishing, cybercrime.
Article bibliography
1. Vasilenko K. A., Ladyka A. E., Bartashevich B. V. Computer crimes: differentiation in various legal systems // Legal science. – 2019. – No. 5. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kompyuternye-prestupleniya-differentsiatsiya-v-razlichnyh-sistemah-prava (date of access: 10.07.2024).
2. Guryeva E. E. Legislation on computer crimes in Russia and foreign countries: a comparative legal analysis // Transformation of LAW in the information society: Materials of the III All-Russian scientific and practical forum of young scientists and students, Yekaterinburg, November 26, 2020. – Yekaterinburg: Federal State Budgetary Educational Institution of Higher Education “Ural State Law University”, 2020. – P. 353-360. – EDN DDZLST.
3. Gromov E. V. Development of criminal legislation on crimes in the field of computer information in foreign countries (USA, Great Britain, Germany, the Netherlands, Poland) // Bulletin of TSPU. – 2006. – No. 11. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/razvitie-ugolovnogo-zakonodatelstva-o-prestupleniyah-v-sfere-kompyuternoy-informatsii-v-zarubezhnyh-stranah-ssha-velikobritanii-frg (date of access: 09.05.2024).
4. Pelevina A. V. Responsibility for computer crimes in the Anglo-Saxon legal system // Gaps in Russian legislation. – 2016. – No. 1. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/otvetstvennost-za-kompyuternye-prestupleniya-v-anglo-saksonskoy-pravovoy-sisteme (date of access: 07/09/2024).
5. Pozdyshev R. S. Issues of qualification of crimes in the field of computer information // Legal science and practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2023. – No. 1 (61). – P. 105-112. – DOI 10.36511/2078-5356-2023-1-105-112. – EDN PJCCIO.
6. The Ministry of Internal Affairs indicated an increase in the number of cybercrimes. – [Electronic resource]. – Access mode: https://iz.ru/1201305/2021-08-02/v-mvd-ukazali-na-rost-chisla-kiberprestuplenii (date of access: 07.19.2024).
CRIMINAL LAW
EVDOKIMOV Maxim E vgenjevich
postgraduate student of the 1st course of Organization of combating economic crimes sub-faculty of the Samara State University of Economics
PROBLEMS OF QUALIFICATION OF VIOLATION OF TRAFFIC RULES AND OPERATION OF VEHICLES
This article discusses the problems of violating traffic rules and operating vehicles, highlighting the factors influencing the level of qualifications of drivers and road safety. The purpose of the study is to identify the main problems in this area.
The subject of the study covers the analysis of the causes and consequences of non-compliance with traffic rules, consideration of factors affecting the skill level of drivers, as well as the study of problems in the operation of vehicles. The research method is data analysis, a study of scientific literature and legislation on this topic.
Keywords: jurisprudence, law, regulations, classification of violations, traffic rules, vehicles.
Article bibliography
1. Bayramova F. M. On the causal relationship in the crime provided for in Article 264 of the Criminal Code of the Russian Federation. – Text: direct // Young scientist. – 2022. – No. 51 (446). – P. 441-443. – [Electronic resource]. – Access mode: https://moluch.ru/archive/446/98202/ (date accessed: 05/29/2024).
2. Mironov A. A. Criminal-legal characteristics of violations of traffic rules and operation of vehicles. – Text: direct // Young scientist. – 2021. – No. 48 (390). – P. 297-299. – [Electronic resource]. – Access mode: https://moluch.ru/archive/390/85859/ (date accessed: 05/29/2024).
3. Khabarova N. Yu. Controversial issues of determining the subjective side of the crime provided for in Article 264 of the Criminal Code of the Russian Federation. – Text: direct // Young scientist. – 2022. – No. 32 (427). – P. 85-87. — [Electronic resource]. – Access mode: https://moluch.ru/archive/427/94421/ (date of access: 05.29.2024).
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)
MODERN METHODS OF COMMITTING CRIMES USING HIGH TECHNOLOGIES: PROBLEMS OF QUALIFICATION, WAYS TO SOLVE THEM
The modern world is characterized by the rapid development of information technologies and public relations in the sphere of using information and telecommunication networks. We live in the era of a new scientific and technological revolution. In a few decades, computers and electronic computers have been replaced by Internet resources and neural networks, capable of transmitting a huge amount of information to any point in the world in just a few seconds. Such a large-scale development of high technologies has enormous advantages, opens up a lot of opportunities for all spheres of society, but at the same time has a number of negative aspects. This is due to the fact that criminals also widely use high technologies in their activities to commit crimes, which can pose a serious threat to the safety of the individual, as well as to society and the state as a whole. Due to a number of existing legal and socio-economic problems, this topic is relevant today. Many scientific works are devoted to the problems of qualifying “computer crimes”, crimes using artificial intelligence and IT technologies. Modern scientific and dissertation works lay the foundation for criminal and legal counteraction to computer crime in the Russian Federation. The object of this study is the criminological patterns of the emergence and development of computer crime in the Russian Federation, as well as relations in the field of criminal law counteraction.
Keywords: high technologies, computer crime, internet resources, neural network, criminal activity, IT technologies.
Article bibliography
1. Averianova T. V. Some problems of the theory and practice of forensic examination and ways to solve them // Bulletin of the Ministry of Internal Affairs of Russia. – 2008. – No. 4 – P. 2-5.
2. Baturin Yu. M. Problems of computer law. – Moscow: Legal Literature, 1991. – P. 272.
3. Volevodz A. G. Counteraction to computer crimes: legal basis for international cooperation. – M.: Yurlitinform, 2001. – 496 p.
4. Bulletin of the Congress of People’s Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1992. – No. 42. – Art. 2326.
5. Efremova M. A. Criminal-legal protection of information security: diss. … doc. jurid.k. – M., 2017. – P. 22.
6. Kozaev N. Sh. Modern technologies and problems of criminal law (analysis of foreign and Russian legislation). – M., 2015. – P. 7.
7. Kurushin V. D., Minaev V. A. Computer crimes and information security. – M.: Novyi Yurist, 1998. – P. 257.
8. Sychev Yu. N. Fundamentals of information security Textbook and practical manual. – M.: Publishing center of the EAOI, 2007. – 300 p.
9. Peter Lily. Dirty deals. The secret truth about the global practice of money laundering, international crime and terrorism. – Rostov n/d: “Phoenix”, 2005. – P. 185-211.
CRIMINAL PROCEDURE
ABDULLAEV Umar Murtuzalievich
magister student of the 2nd year of full-time study of the Institute of Law of the Dagestan State University, achkala
ASADUEVA Sapiyat Asadullakhovna
senior lecturer of Criminal process and criminalistics sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
GENERAL RULES FOR THE CONDUCT OF INVESTIGATIVE ACTIONS IN CRIMINAL PROCEEDINGS
The article analyzes the current problems of initiating criminal proceedings in the Russian criminal process, as well as the issues of legislative regulation and practical application of the norms of the Criminal Procedure Code of the Russian Federation. A detailed analysis of the criteria for assessing the sufficiency of data indicating signs of a crime is carried out, and the main shortcomings of current legislation are identified. Special attention is paid to the problems of insufficient motivation of decisions, pressure on investigators and insufficient qualifications of investigative staff. The issues of interaction between the investigative authorities, the prosecutor’s office and the courts are being investigated, as well as cases of using the initiation of a criminal case for the purpose of pressure or blackmail. The article provides specific examples from judicial practice confirming the need to reform legislation and the practice of its application.
Keywords: initiation of a criminal case, the Code of Criminal Procedure of the Russian Federation, legislative regulation, investigative bodies, law enforcement, judicial practice, reforms.
Article bibliography
1. Alekseeva E. S. Chapter 15. Investigative actions // Actual problems of criminal procedure: a textbook for adjuncts and master’s students of 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. 441-476.
2. Bravilova E. A. On the general rules for the production of investigative actions // Siberian criminal procedural and forensic readings. – 2020. – No. 1 (27). – P. 16-30.
3. Malakhova L. I. Investigative actions: legal and factual grounds for proceedings // Judicial power and criminal procedure. – 2020. – No. 3. – P. 28-31.
4. Usova Yu. I., Ipatova A. Yu. General rules for the conduct of investigative actions: problems of application // Central Scientific Bulletin. – 2020. – Vol. 5. No. 11 (100). – P. 32-34.
5. Yakovleva S. A., Sharova D. V. Criminal procedural regulation of the concept and system of investigative actions // Bulletin of the Mari State University. Series: Historical Sciences. Legal Sciences. – 2020. – Vol. 6. No. 2 (22). – pp. 187-196.
CRIMINAL PROCEDURE
BONDARENKO Sergey Vyacheslavovich
PhD in law, associate professor, Head of Criminal law disciplines sub-faculty of the Samara Law Institute of the FPS of Russia
FOMINA Yuliya Alexandrovna
cadet of the 3rd course of the Law Faculty of the Samara Law Institute of the FPS of Russia
ACTUAL PROBLEMS OF QUALIFICATION OF ESCAPE FROM A PLACE OF IMPRISONMENT COMMITTED IN COMPLICITY
The article is devoted to the actual problems of qualification of escape from a place of imprisonment committed in complicity. The authors consider various aspects of law enforcement practice, analyze the regulatory framework and judicial practice. During the analysis of legal norms and judicial practice, potential problems and key contradictions that arise in the legal analysis of an escape committed in complicity are highlighted. The paper reveals the criteria for distinguishing the roles of accomplices, the specifics of their criminal liability. Special attention is paid to the distinction between co-execution and other forms of complicity enshrined in the criminal law, and the specifics of the qualification of escapes committed by a group of persons by prior agreement. The main conclusions and key theses are supported by examples and judicial practice.
Keywords: escape from prison, criminal liability, complicity, group of persons, co-execution, accomplice, organizer.
Article bibliography
1. Elisov P. P. Brief characteristics of methods of escaping from places of deprivation of liberty // Law and right. – 2023. – No. 1. – P. 155-158.
2. Samoilova V. K. Criminal liability for escaping from places of deprivation of liberty // Young scientist. – 2022. – No. 44 (439). – P. 190-193.
CRIMINAL PROCEEDINGS
DANILOVA Irina Yurjevna
Ph.D. in pedagogical sciences, associate professor, associate professor of Criminal process sub-faculty of the Ryazan branch of the V. Ya. Kikot Moscow University of the MIA of Russia
SULEYMANOV Talyat Alievich
Ph.D. in Law, associate professor, associate professor of Criminal process and criminalistics sub-faculty of the Academy of the FPS of Russia
CRIMINAL AND LEGAL CHARACTERISTICS OF DRUG TRAFFICKING IN PLACES OF DETENTION
The scale of illicit drug trafficking in places of detention poses a security threat to employees and convicts, and disorganizes the order of serving sentences. This is explained by the fact that almost a third of those praised in prison (29%) are serving sentences for drug trafficking or suffer from drug addiction. This indicator is characterized by growth dynamics. In places of detention, there is a concentration of convicts for drug trafficking (they have experience in conspiracy, establishing criminal ties) and convicts suffering from drug addiction. This category of convicts, while serving a sentence of imprisonment, attempts to establish drug trafficking in places of detention. Do not forget that illicit drug trafficking in places of detention refers to latent types of crimes, the detection rate of which is no more than 20-25%.
Keywords: convicts, illegal drug trafficking, correctional colonies, suppression of drug trafficking, qualification of the act.
Article bibliography
1. Resolution of the Plenum of the Supreme Court of the Russian Federation of 15.06.2006 No. 14 (as amended on 16.05.2017) “On judicial practice in cases of crimes related to narcotic drugs, psychotropic, potent and toxic substances.”
2. Resolution of the Government of the Russian Federation of June 30, 1998 No. 681 “On approval of the list of narcotic drugs, psychotropic substances and their precursors subject to control in the Russian Federation” (as amended and additions).
3. Federal Law of the Russian Federation “On Narcotic Drugs and Psychotropic Substances” dated 08.01.1998 No. 3-FZ (latest revision).
4. Lyubavina M. A. Qualification of crimes provided for in Articles 228 and 228.1 of the Criminal Code of the Russian Federation: a textbook. – St. Petersburg: St. Petersburg Law Institute (branch) of the Academy of the Prosecutor General’s Office of the Russian Federation, 2016. – P. 26.
5. Afanasyeva A. A. On the issue of the objective side of crimes related to illegal drug trafficking // Bulletin of the Magistracy. – 2019. – No. 10-4 (97). – P. 27.
6. P. 13.1 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of 15.06.2006 No. 14 (as amended on 16.05.2017) “On judicial practice in cases of crimes related to narcotic drugs, psychotropic, potent and toxic substances.”
CRIMINAL PROCEEDINGS
DZHURUK Dmitry Sergeevich
Ph.D. in technical sciences, Head of Information technologies sub-faculty of the East-Siberian Institute of the MIA of Russia, Irkutsk
PERYAKINA Marina Pavlovna
Ph.D. in Law, associate professor, Head of Civil law and process sub-faculty of the G. V. Plekhanov Russian University of Economics, branch in Pyatigorsk
KORSHUNOV Artem Viktorovich
Ph.D. in Law, associate professor of Criminal process and criminalistics sub-faculty of the Irkutsk Institute (branch) of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia)
TYPICAL SITUATIONS OF THE INITIAL STAGE OF DETECTION AND INVESTIGATION OF THEFT FROM ATMS AND PAYMENT TERMINALS
In the article the authors turn to the analysis of the most frequently arising typical situations in the process of detection and investigation of thefts from ATMs and payment terminals. The authors emphasize that despite the diversity of situations, they can be grouped and classified by the most significant criteria from the point of view of forensic.
Keywords: ATM theft, payment terminals, crime investigation, typical situations, remote fraud, cybercrime.
Article bibliography
1. Aivazova O. V., Mailyan A. V. On the forensic classification of theft methods committed using electronic means of payment // Bulletin of Tula State University. Economic and legal sciences. – 2022. – No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/o-kriminalisticheskoy-classification-of-methods-of-committing-theft-with-the-use-of-electronic-resources-(date accessed: 09/08/2024).
2. Knyazkov A. S. Some aspects of the structure of the investigative situation in pre-trial proceedings // Russian investigator. – 2013. – No. 5. – P. 3-5.
3. Mishina I. M. Investigation of fraud committed using bank cards: forensic and criminal procedural aspects: author’s abstract. dis. … candidate of legal sciences. – M., 2009. – P. 17-18.
4. Imaeva Yu. B. Features of the investigation of thefts committed using credit and debit cards: dis. … candidate of legal sciences. – Ufa, 2015. – P. 105.
CRIMINAL PROCEDURE
ALDATOV Rasul Magomedovich
magister student of the 2nd year of full-time study of the Institute of Law of the Dagestan State University, Makhachkala
ASADUEVA Sap iyat Asadullakhovna
senior lecturer of Criminal process and criminalistics sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
PROBLEMS OF THE DEFENDER’S PARTICIPATION IN CRIMINAL PROCEEDINGS
The article examines the problems of refusal to initiate criminal proceedings in the context of legislative regulation and practical application of the norms of the Criminal Procedure Code of the Russian Federation. The main grounds for refusal provided for in Article 24 of the Code of Criminal Procedure of the Russian Federation are analyzed and typical mistakes made by investigative authorities when making decisions are revealed. Special attention is paid to the issues of subjectivity of the interpretation of the grounds for refusal, insufficient motivation of decisions, as well as delaying the timing of decision-making. The problems of appealing against refusals to initiate criminal proceedings and insufficient control over the actions of investigative bodies are considered. The cases of external pressure on investigators and prosecutors affecting the objectivity and fairness of decisions are under investigation.
Keywords:refusal to initiate criminal proceedings, Criminal Procedure Code of the Russian Federation, legislative regulation, investigative authorities, appeal, law enforcement.
Article bibliographic list
1. Agoshkov D. R. Refusal to initiate criminal proceedings: problems of legislative regulation and practical application // Modern Science. – 2021. – No. 9-1. – P. 44-47.
2. Grinenko A. V. Refusal to initiate a criminal case: real and imaginary problems // Actual problems of public law: collection of scientific papers, Vladimir, November 18-19, 2021 / Vladimir State University named after Alexander Grigorievich and Nikolai Grigorievich Stoletov. Volume Issue 15. – Vladimir: CopyA-Service, 2022. – P. 76-79.
3. Gapshenko K. V. Refusal to initiate a criminal case as an institution of criminal procedural law // Questions of science 2022: potential of science and modern aspects: collection of scientific papers based on the materials of the XXVII International scientific and practical conference, Anapa, February 17, 2022. – Anapa: Limited Liability Company “Research Center for Economic and Social Processes” in the Southern Federal District, 2022. – P. 30-34.
4. Klimentov A. A. Refusal to initiate a criminal case (refusal to prosecute) in the criminal proceedings of some foreign states // Trends in the development of science and education. – 2020. – No. 62-16. – P. 9-14.
5. Tepsayeva A. A. The essence of refusal to initiate a criminal case // Ways to improve the level of legal awareness and legal literacy in modern civil society: Proceedings of the II International Scientific and Practical Conference, Grozny, April 30, 2021 / Responsible. editor L. A. Tkhabisimova. – Grozny: Chechen State Pedagogical University, 2021. – P. 318-322.
CRIMINAL PROCEEDINGS
ZORINA Elena Andreevna
Ph.D. in Law, associate professor, Head of Labor law sub-faculty of the St. Petersburg University of the State Fire Service of the EMERCOM of Russia
LANTUKH Nataliya Viktorovna
Ph.D. in Law, associate professor, professor of Criminal process sub-faculty of the St. Petersburg University of the State Fire Service of the EMERCOM of Russia
CHASOVNIKOVA Olga Georgievna
Ph.D. in Law, associate professor of Labor law sub-faculty of the St. Petersburg University of the State Fire Service of the EMERCOM of Russia
ARTIFICAL INTELLIGENCE IN CRIMINAL PROCEDURE AND OPERATIONAL DETECTIVE ACTIVITIES IN RUSSIA
The issue related to the study of the possibilities of introducing artificial intelligence into criminal proceedings is considered. This issue remains controversial for a long time, despite the fact that a judicial artifartificial intelligence model, judicial-A1, has now been created. Particular attention is focused on the problematic aspects that may arise when using artificial intelligence in criminal proceedings and indicate what violations of current legislation they will entail.
Keywords: artificial intelligence, judge, investigator, technology, development, replacement, judicial-A1, cognitive abilities, man, machine, engineers, development.
Article bibliography
1. Laptev V. Artificial intelligence in court: how it will work // Pravo.ru. 2021. June 2. [Electronic resource]. – Access mode: https://pravo.ru/opinion/232129/ (date accessed: 20.03.2023).
2. Yasnitsky L. N., Vauleva S. V., Safonova D. N., Cherepanov F. M. Using artificial intelligence methods in studying the personality of serial killers // All-Russian Criminological Journal. – 2015. – T. 9. No. 3. – P. 423-430.
CRIMINAL PROCEDURE
ISMAILOVA Zaira Ismailovna
magister student of the 1st course of the Institute of Law of the Dagestan State University, Makhachkala
DATSIEVA Khadizhat Gasanovna
Ph.D. in Law, associate professor of the Institute of Law of the Dagestan State University, Makhachkala
CERTAIN PRINCIPLES OF PROTECTION OF THE RIGHTS AND LEGITIMATE INTERESTS OF PARTICIPANTS IN THE CRIMINAL PROCESS OF RUSSIA
This scientific article examines the principles of protecting the rights and legitimate interests of participants in criminal proceedings in the Russian Federation. The focus is on aspects such as the presumption of innocence, the right to a defense, the adversarial nature of the parties and the freedom to evaluate evidence. The author analyzes the legislative norms enshrined in the Criminal Procedure Code of the Russian Federation and their practical application. Special attention is paid to the protection of the honor and dignity of the individual, the inviolability of the person and home, as well as the right to appeal against procedural actions. The study also covers the protection of victims’ rights and their participation in criminal prosecution. The article concludes that it is necessary to improve the mechanisms for protecting the rights of participants in criminal proceedings.
Keywords: protection of rights, criminal procedure, presumption of innocence, right to defense, adversarial nature of the parties, Code of Criminal Procedure, appeal.
Article bibliography
1. Burkov D. P. Concept and content of the institution for protecting the rights and legitimate interests of minor participants in criminal proceedings // Legal fact. – 2020. – No. 87. – P. 22-26.
2. Barchenkov D. S. Development of the system of principles in criminal proceedings // Scientific notes: collection of scientific papers, Orenburg, November 14-15, 2019. – Orenburg: RPC Poliart, 2020. – P. 106-111
3. Vasiliev F. Yu., Denisov S. A. Chapter 4. Principles of Criminal Procedure (Criminal Justice) // Actual Problems of Criminal Procedure: a textbook for adjuncts and master’s students of 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. 99-113.
4. Zubrilkina Yu. V., Chamina Yu. V., Kholodionova Yu. V. Methods of Protecting Rights and Legitimate Interests: Constitutional and Alternative // Universum: Economics and Jurisprudence. – 2021. – No. 12 (87). – P. 10-15.
5. Tingaeva I. V. Principles of state protection of victims and witnesses as participants in criminal proceedings // Scientific discussions in the era of globalization: materials of the XXIII All-Russian scientific and practical conference, Smolensk, December 08, 2022. – Smolensk: OOO “Polygraf”, 2022. – P. 249-253.
CRIMINAL PROCEEDINGS
KURBANOVA Khadizhat Malikovna
magister student of the 2nd course of the full-time study of the Institute of Law of the Dagestan State University, Makhachkala
SEFIKURBANOV Kazimagomed Sefikurbanovich
Ph.D. in Law, associate professor of Criminal process and criminology sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
OPERATIONAL INVESTIGATIVE PROCESS AND ITS REGULATION
The article examines the legal and organizational foundations of operational investigative activities in the Russian Federation, enshrined in Federal Law No. 144-FZ of August 12, 1995 “On Operational investigative activities”. The main tasks and principles of the OIA are analyzed, including legality, respect for the rights and freedoms of citizens, as well as conspiracy. Special attention is paid to the grounds for conducting operational investigative measures and methods of their implementation. Measures of responsibility for violation of legislation in this area and guarantees of citizens’ rights are discussed. The importance of interaction between the bodies carrying out the OIA and other government agencies is emphasized. The ways of using technical means and information systems in the administrative division, as well as issues of control and supervision of the activities of these bodies, are considered. The conclusion is made about the importance of ensuring the rule of law and protecting the rights of citizens in the process of OIA.
Keywords: rational investigative activities, legal foundations, organizational principles, legality, citizens’ rights, technical means, control and supervision.
Bibliographic list of articles
1. Bzhikhatlova L. V. Concept and elements of the system of operational-search activity: theoretical outline // Innovations. Science. Education. – 2021. – No. 42. – P. 316-323.
2. Davydova S. A., Myasnikov A. P. Operational-search activity and transformation of its results in criminal proceedings // Jurist-Pravoved. – 2022. – No. 2 (101). – P. 51-55.
3. Zheleznyak N.S. On the problems of departmental regulatory control of individual operational-search activities // Bulletin of the Kuzbass Institute. – 2022. – No. 3 (52). – P. 143-149.
4. Nikolaeva V. . K. On the issue “On the grounds for conducting operational-search activities” // Law and education. – 2023. – No. 7. – P. 79-85.
5. Shakhmatov A. V. Concept and content of investigative work of operational units of internal affairs bodies // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2021. – No. 2 (90). – P. 118-125.
CRIMINAL PROCEEDINGS
LANTUKH Eduard Vladimirovich
Ph.D. in Law, Associate Professor, Head of General Legal Disciplines Sub-Faculty of the Leningrad Regional Branch of the St. Petersburg University of the MIA of Russia
LYAKHOV Igor Vladimirovich
Ph.D. in Law, senior lecturer of Labor law sub-faculty of the St. Petersburg University of the State Fire Service of the EMERCOM of Russia
CHASOVNIKOVA Olga Georgievna
Ph.D. in Law, associate professor of Labor law sub-faculty of the St. Petersburg University of the State Fire Service of the EMERCOM of Russia
SYSTEM OF PROSECUTORAL SUPERVISION AT THE STAGE OF INSTITUTION OF A CRIMINAL CASE
The article emphasizes the importance of establishing the subject and object as an element of the crime when implementing the first stage of criminal proceeding. A list of questions is determined on which the prosecutor relies when exercising his powers at this stage of the investigation. The subject of supervision and control by the prosecutor’s office is examined, which includes both actions and inactions of preliminary investigation bodies.
Keywords: prosecutorial authorities, prosecutorial control and supervision, subject and object of prosecutorial supervision , officials, pre-investigation measures, power of the prosecutor.
Article bibliography
1. Criminal Procedure Code of the Russian Federation of 18.12.2001 No. 174-FZ (as amended on 22.04. .2024) // Collection of Legislation of the Russian Federation. – 2001. – No. 52 (Part I). – Art. 4921.
2. Akbatyrova R.S. Object and subject of prosecutorial supervision of procedural activities at the stage of initiating a criminal case . [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/obekt-i-predmet-prokurorskogo-nadzora-za-protsessualnoy-deyatelnostyu-na-stadii-vozbuzhdeniya-ugolovnogo-dela (date of access: 26.01.2024).
3. Tyubin-Moskvin E. M. Prosecutor’s supervision at the pre-trial stage of criminal proceedings // Actual problems of science and practice: Gatchina readings 2023: collection of scientific papers based on the materials of the X International scientific and practical conference. – Gatchina: 2023. – P. 324.
4. Order of the Prosecutor General’s Office of Russia dated 10.23.2023 No. 730 “On the organization of prosecutorial supervision over the implementation of laws when accepting, registering and resolving reports of crimes in inquiry bodies and preliminary investigation bodies” / / Legality. – 2023. – No. 12.
5. Order of the Prosecutor General’s Office of Russia dated September 17, 2021 No. 544 (as amended on February 22, 2023) “On the organization of prosecutorial supervision over the procedural activities of preliminary investigation bodies” // Legality. – 2021 . – No. 12.
CRIMINAL PROCEDURE
MISHCHENKO Elena Valerjevna
Ph.D. in Law, associate professor, professor of Criminal process and criminology sub-faculty of the Faculty (command) of the St. Petersburg Military Order of Zhukov Institute of the National Guard of the Russian Federation
TERMINATION OF CRIMINAL PROSECUTION FOR TAX CRIMES: SOME PROBLEMATIC ASPECTS
The article raises the problem of tax-related criminal proceedings, the presence of features of regulation of which in the criminal procedure law is not supported by all scientists. In particular, the regulation of the termination of criminal prosecution in such cases is considered, the views of scientists on the problems of applying Article 28.1 of the Code of Criminal Procedure of the Russian Federation are analyzed, suggestions are made for its improvement in the context of preventing such crimes.
Keywords: proceedings in cases of tax crimes, termination of criminal prosecution, compensation for damage to the budget system, criminal procedural crime prevention.
Article bibliographic list
1. RBC: security forces have uncovered a scheme for tax evasion via Telegram bots. [Electronic resource]. – Access mode: https://www.kommersant.ru/doc/6478603 (date of access: 21.07.20024).
2. Ivanov P. I., Lobanov M. A. Actual problems of legal regulation of activities on identification, disclosure and investigation of tax crimes and ways to solve them // State and Law. – 2012. – No. 10. – P. 46-53.
3. Batyanova L. N., Borisova Yu. V., Chigrina E. V. ., Kornakova S. V. Legal and socio-economic problems of territorial development: tax aspect // Baikal Research Journal. – 2017. – Vol. 8. No. 4. – P. 18.
4. Shustova D. D. The relationship of the new approach of the legislator to the investigation of tax crimes with the process of its proof // Actual problems of jurisprudence. – 2017. – No. 4 (56). – P. 52–55.
5. Commentary on the Criminal Procedure Code of the Russian Federation / Ed. by V. T. Tomin, M. P. Polyakov. – 5th ed., revised and add. – M.: Yurait Publishing House. – 1351 p.
6. Kuvaldina Yu. V. Article 28.1 of the Criminal Procedure Code: the procedural essence of the institution and its relationship with related models. – P. 203–208.
7. Resolution of the Plenum of the Supreme Court of the Russian Federation of June 27, 2013 No. 19 (as amended on November 29, 2016) “On the application by courts of legislation regulating the grounds and procedure for exemption from criminal liability” // Rossiyskaya Gazeta . – 2013. – No. 145.
8. Blagov E. V. Release from criminal liability (reflections on problems and their overcoming): monograph. – M.: Yurlitinform, 2018. – 224 p.
9. Vlasenko V.V. On the need for additional conditions for release from criminal liability in cases of crimes in the sphere of economic activity (Article 76.1 of the Criminal Code of the Russian Federation) // Russian judge. – 2015. – No. 12. – P. 28-31.
10. Mishchenko E. V., Kornakova S. V., Mishin V. V. Validity and motivation of the decision to terminate criminal prosecution due to active repentance // Bulletin of Tomsk State University. – 2020. – No. 452. – P. 239-245.
11. Kornakova S. V. On the issue of the principle of justice // Siberian criminal procedure and forensic readings. – 2014. – No. 2 (6). – pp. 64-70.
CRIMINAL PROCEDURE
LIFANOVA Liliya Gennadjevna
Ph.D. in Law, associate professor, professor of Criminology sub-faculty of the Stavropol branch of the Krasnodar University of MIA of Russia
ZHURAVLEV Andrey Anatoljevich
assistant prosecutor of the Predgorny district of Stavropol Territory
PROBLEMS OF COMPENSATION FOR DAMAGE CAUSED BY A CRIME AT THE STAGE OF PRE-TRIAL PROCEEDINGS
The purpose of criminal proceedings is to protect the rights and legitimate interests of persons and organizations who have suffered from crimes. An individual and a legal entity may be recognized as a victim in the event of harm to him by an unfair act provided for by criminal law. The procedural means of compensation for harm regulated in the Code of Criminal Procedure of the Russian Federation can be implemented only if the person who committed the crime is identified. However, the disclosure of a crime does not guarantee the restoration of the violated rights of the victim. This article focuses on the problems that arise in the process of investigating criminal cases related to compensation for damage and compensation for harm that are the consequences of a crime.
Keywords: compensation for damage, compensation for harm, subject of proof, victim, disclosure of crimes.
Article bibliographic list
1. State of crime in Russia for January – December 2023. – M.: FKU “Main Information and Analytical Centerr» Ministry of Internal Affairs of the Russian Federation, 2024.
2. Lifanova L. G. On the issue of voluntariness after criminal behavior in the application of Art. 28.1 of the Criminal Procedure Code of the Russian Federation // Interaction of government bodies in the investigation of corruption-related crimes: problems and ways to solve them: materials of the International scientific and practical conference (Moscow, October 23, 2014). – M .: Academy of the Investigative Committee of the Russian Federation, 2014. – P. 235-238
3. Martynenko N. E. The concepts of “harm” and “damage” and their criminal-law assessment // Works of the Academy of Management of the Ministry of Internal Affairs of Russia. – 2020. – No. 2 (54). – P. 103-109.
4. Shumakov S. A. Criminal-legal significance of compensation for damage caused by a crime: dis. … cand. jurid. sciences. – Krasnodar, 2022. – 194 p.
5. Ushakov D. N. Large explanatory dictionary of the modern Russian language. 180,000 words and phrases. – M .: Alta-Print: DOM. XXI century, 2009. – 1239 p.
6. Definition of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated 01/27/2015 No. 81-KG14-19 // Consultant Plus: comp. reference legal system. [Electronic resource]. – Access mode: http://www.consultant.ru (date of access: 06/27/2024).
7. Shkabin G. S. Harm in criminal law: types and legal regulation // Lex Russica. – 2016. – No. 8 (117). – P. 62-80.
8. Resolution of the Plenum of the Supreme Court of the Russian Federation of June 27, 2013 No. 19 “On the application by the courts of legislation regulating the grounds and procedure for exemption from criminal liability” // Consultant Plus: comp. reference legal system. [Electronic resource]. – Access mode: http://www.consultant.ru (date of access 06/27/2024).
9. Sadov A. Yu. Criminal procedural mechanism for restoring violated property and non-property rights of persons who suffered from a crime: author’s abstract. diss. … candidate of legal sciences. – Vladimir, 2008. – 22 p.
10. Nguyen Van Tien. On the issue of methods of compensation for harm caused by a crime // Bulletin of Economic Security. – 2019. – No. 2. – P.134-138.
CRIMINAL PROCEEDINGS
TAILOVA Aisha Gabibovna
Ph.D. in Law, associate professor of Legal disciplines sub-faculty of the North Caucasus Institute of the All-Union State University of Justice (RLA of the Ministry of Justice of Russia), branch in Makhachkala
ALIEVA Raisat Gajimuradovna
magister student of the 2nd course of the North Caucasus Institute of the All-Union State University of Justice (RLA of the Ministry of Justice of Russia), branch in Makhachkala
THE ROLE OF THE JUDGE’S INNER CONVICTION IN CRIMINAL PROCEEDINGS
Тhe article analyzes the judge’s inner conviction when evaluating evidence in criminal proceedings. The judge’s inner conviction is considered as a key category in criminal proceedings. The authors draw attention to the fact that the judge’s inner conviction when evaluating evidence in a criminal case is the result of deep analytical work, which requires judges not only knowledge, but also the ability to perceive and interpret facts, as well as take into account the available evidence and facts. Inner conviction is based on a comprehensive, complete and objective study of all case materials in their entirety. The article reflects the authors’ opinion that, ultimately, inner conviction forms the basis for making a decision on the case.
Keywords: inner conviction, evidence, assessment, legal proceedings, criminal case.
Article bibliography
1. Alekseeva T. A. Justice as a contract (a critical analysis of John Rawls’s theory) // Problems of political philosophy. – M., 1991. – 230 p.
2. Gorevoy E. D. Inner judicial conviction in assessing evidence in criminal cases. – M.: Publishing house “Yurlitinform”, 2008. – 136 p.
3. Grinenko AV Criminal Procedure Code of the Russian Federation: article-by-article scientific and practical commentary: textbook. – Moscow: Prospect, 2018. – 1040 p.
4. Enaeva LK Criminal procedure: textbook. 2nd ed. – M.: FORUM: INFRA-M, 2007. – 320 p.
5. Ryzhakov A. P. Brief course of criminal procedure. Textbook. – Information and publishing house “Filin”, 1998. – 230 p.
6. Criminal procedure. Textbook for universities. Under the general editorship. Honored Lawyer of the RSFSR, Doctor of Law, Professor A.S. Koblikov. – M.: Publishing house NORMA (Publishing group NORMA-INFRA-M, 2000. – 384 p.
CRIMINAL PROCEDURE
TRIFONOVA Christina Alexeevna
Ph.D. in Law, associate professor, Deputy Head of Investigative activities sub-faculty of the Educational and Scientific Complex of Preliminary Investigation in the Internal Affairs of the Volgograd Academy of the MIA of Russia
SAAKYAN Artem Grigorjevich
Ph.D. in Law, associate professor, Deputy Head of Criminalistics sub-faculty of the Nizhny Novgorod Academy of the MIA of Russia
PROCEDURAL AND CRIMINALISTIC ASPECTS OF THE USE OF VIDEO RECORDING MATERIALS IN THE INVESTIGATION OF CRIMES
The digitalization of investigative activities has necessitated the use of video recording materials in evidence, which record events that make it possible to establish circumstances significant for the investigation. The article proposes rules for fixing the fact of detection and initial inspection of video recording materials in the protocol of inspection of the scene of the incident, provided that they are further copied to an electronic media. It is noted that the integrity of the seized video file is of great importance for long-term proof. The possibility of calculating the checksum of a video file in order to confirm the integrity of digital information is substantiated.
Keywords: video surveillance, inspection of the scene, electronic media, copying, evidence, hash sum.
Article bibliographic list
1. Nazirova N.A. Tactical features of seizure and subsequent inspection of video recordings in criminal cases investigated on the basis of the crime provided for in Article 173.1 of the Criminal Code of the Russian Federation Federation // Police and investigative activities. – 2019. – No. 3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/takticheskie-osobennosti-izyatiya-i-posleduyuschego-osmotra-videozapisi-po-ugolovnym-delam-rassleduemym-po-priznakam-prestupleniya (date of access: 05/27/2024 ).
2. Biryukov S. Yu., Skorikov D. G., Zakatov A. A. The Importance of Speech Culture in the Work of an Investigator // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2018. – No. 3 (46). – pp. 116-121.
CRIMINAL PROCEDURE
ALDATOV Rasul Magomedovich
magister student of the 2nd year of full-time study of the Institute of Law of the Dagestan State University, Makhachkala
ASADUEVA Sapiyat Asadullakhovna
senior lecturer of Criminal process and criminalistics sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
INITIATION OF A CRIMINAL CASE IN THE RUSSIAN CRIMINAL PROCESS: ACTUAL PROBLEMS
The article analyzes the current problems of initiating criminal proceedings in the Russian criminal process, as well as the issues of legislative regulation and practical application of the norms of the Criminal Procedure Code of the Russian Federation. A detailed analysis of the criteria for assessing the sufficiency of data indicating signs of a crime is carried out, and the main shortcomings of current legislation are identified. Special attention is paid to the problems of insufficient motivation of decisions, pressure on investigators and insufficient qualifications of investigative staff. The issues of interaction between the investigative authorities, the prosecutor’s office and the courts are being investigated, as well as cases of using the initiation of a criminal case for the purpose of pressure or blackmail. The article provides specific examples from judicial practice confirming the need for reform legislation and the practice of its application.
Keywords: initiation of a criminal case, the Code of Criminal Procedure of the Russian Federation, legislative regulation, investigative bodies, law enforcement, judicial practice, reforms.
Article bibliography
1. Alikina L. A. Actual problems of the stage of initiation of a criminal case // Perm period: Collection of materials IX International scientific and sports festival of cadets and students of educational organizations, Perm, May 16-20, 2022. Volume 1. – Perm: Perm Institute of the Federal Penitentiary Service, 2022. – P. 10-12.
2. Volokh V. V., Gorodilov N. S. Initiation of a criminal case in Russian criminal proceedings: current issues // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2021. – No. 2 (57). – P. 84-92.
3. Novoseltsev V. V. Actual problems of the stage of initiation of a criminal case // The role of science and education in the modernization of modern society: a collection of articles of the International scientific and practical conferences, Kaluga, December 10, 2021. Volume Part 2. – Ufa: Limited Liability Company “Aeterna”, 2021. – P. 120-122.
4. Polyakova A. D. Actual problems of the stage of initiation of a criminal case in criminal proceedings in Russia // My choice is science!: collection of materials from the VI Regional Youth Conference, XLVI scientific conference of students, master’s students, postgraduates and students of lyceum classes, Barnaul, April 17-27, 2019. – Barnaul: Altai State University, 2020. – S. 1827-1832.
5. Tkachev A. Yu. Actual problems of initiating a criminal case as an initial stage of pre-trial proceedings // Scientific education. – 2020. – No. 2 (7). – P. 402-405.
CRIMINAL PROCEEDINGS
ALIBAEVA Guzel Aidarovna
competitor of the Institute of Law of the Ufa University of Science and Technology
CHOOSING AN INVESTIGATIVE ACTION AS A DISPLAY OF PROCEDURAL INDEPENDENCE OF THE INVESTIGATOR
An integral part of the formation of the authority of investigators in society is their procedural independence. The investigator, knowing that he bears personal responsibility for this or that procedural decision, will strive to comply with the law at all stages of criminal proceedings. Manifestations of the procedural independence of the investigator include the choice of investigative action. This article analyzes the features of the investigator’s implementation of the principle of independence when choosing an investigative action.
Keywords: investigative action, investigator, procedural independence, competence, investigation, crime.
Article bibliography
1. Karagodin V.N. Inspection of the crime scene, search or seizure? // Russian Law Journal. – 2012. – No. 5. – P. 128-132.
2. Kosheleva M. A. Stereotypes of choosing investigative actions // Vector of Science TSU. – 2013. – No. 2 (24). – P. 290-295.
3. Popov D. P. Independence of the investigator: problematic aspects of determining the legal essence and functional purpose // Russian investigator. – 2020. – No. 11. – P. 19-23.
4. Sheifer S. A. Investigative actions: system and procedural form. – M.: Yurlitinform, 2001.
CRIMINAL PROCEEDINGS
BLINOV Ivan Alexandrovich
postgraduate student of Prosecutor’s supervision and organization of law enforcement activities sub – faculty of the Institute of Law of the Chelyabinsk State University
PROBLEMS OF IMPLEMENTATION OF POSITIONS OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION ON OBSERVANCE OF THE CONSTITUTIONAL RIGHTS OF MAN AND CITIZEN PROVIDED BY PART 2 OF ART. 23, ART. 25 OF THE CONSTITUTION OF THE RUSSIAN FEDERATION, AT AUTHORIZATION OF OPERATIVE-SEARCH MEASURES
The article considers the basic requirements set by the Constitutional Court of the Russian Federation on observance of constitutional rights of a man and citizen to confidentiality of correspondence, telephone conversations, postal, telegraphic and other messages, and also inviolability of a dwelling at decision of a question on carrying out operative-search measures limiting constitutional rights of a man and citizen.
Keywords: operational-search activity, operational-search activities that limit the constitutional rights of man and citizen to the secrecy of correspondence, telephone conversations, postal, telegraphic and other messages transmitted via electric and postal communication networks, as well as the right to inviolability of dwelling, secrecy of correspondence, telephone conversations, postal, telegraphic and other messages, inviolability of dwelling, Constitutional Court of the Russian Federation; Constitution of the Russian Federation.
Article bibliography
1. Dytchenko G.V., Nikitin E.L. Legality of conducting operational-search measures that limit the constitutional rights of citizens // Criminalist. – Saint Petersburg, 2011. – No. 1 (8). – P. 101-108. – [Electronic resource]. – Access mode: https://www.elibrary.ru/download/elibrary_26027008_81180093.pdf.
2. Zheleznyak N. S. On the need for judicial sanctioning of operational-search measures carried out on an urgent basis // Bulletin of the Siberian Law Institute of the Federal Drug Control Service of Russia: Theory and practice of law enforcement activities. – Krasnoyarsk, 2016. – No. 3 (24). – P. 5-7. – [Electronic resource]. – Access mode: https://www.elibrary.ru/download/elibrary_26737950_12743508.pdf.
3. Nikolyuk V. V., Vinogradova V. A. Quasi-control of the court over the conduct of operational-search activities // Works of the Academy of Management of the Ministry of Internal Affairs of Russia. – Moscow, 2023. – No. 1 (65). – P. 122-130. – [Electronic resource]. – Access mode: https://www.elibrary.ru/download/elibrary_50463779_48509499 .pdf.
4. Semenchuk V. V. Fundamentals of legal regulation of social relations related to the results of operational-search activities // Lex Russica (Russian law). – Moscow, 2023. – V. 76. No. 5 (198). – P. 120-135. – [Electronic resource]. – Access mode: https://www.elibrary.ru/download/elibrary_53742395_86577126.pdf.
5. Semenchuk V. V. Judicial control over operational-search activities – an alternative to prosecutorial supervision // Bulletin of the Nizhny Novgorod University named after N. I. Lobachevsky. – Nizhny Novgorod, 2020. – No. 4. – P. 130-141. – [Electronic resource]. – Access mode: https://www.elibrary.ru/download/elibrary_44100840_10480325.pdf.
6. Chechetin A.E., Shatokhin I.D. Some problematic issues of legal regulation of wiretapping of telephone conversations // Bulletin of the Altai State Universityeta. – Barnaul, 2017. – No. 6 (98). – P. 115. – [Electronic resource]. – Access mode: https://elibrary.ru/download/elibrary_30721198_75805032.pdf.
7. Chechetin A. E., Shatokhin I. D., Schmidt A. A. Operational-search activity in decisions of the Constitutional Court of the Russian Federation // Barnaul Law Institute of the Ministry of Internal Affairs of Russia. – Barnaul, 2022. – P. 136. – [Electronic resource]. – Access mode: https://kalinovsky-k.narod.ru/b1/Chechetin_2022.pdf.
8. Chechetin A. E. Federal Law “On Operational-Investigative Activities” in the Decisions of the Constitutional Court of the Russian Federation // Works of the Academy of Management of the Ministry of Internal Affairs of Russia. – Moscow, 2020. – No. 3 (55). – P. 65-76. – [Electronic resource]. – Access mode: https://www.elibrary.ru/download/elibrary_44030532_88219582.pdf.
9. Shatokhin I. D. Some problematic issues of judicial control over operational-investigative activities // Altai Legal Bulletin. – Barnaul, 2017. – No. 1 (17). – P. 142-146. – [Electronic resource]. – Access mode: https://www.elibrary.ru/download/elibrary_28961044_42281625.PDF.
10. Shatokhin I. D. Ensuring the right to privacy of telephone conversations in operational-search activities (based on the materials of the Constitutional Court of the Russian Federation) // Altai Legal Bulletin. – Barnaul, 2015. – No. 1 (9). – P. 105-108. – [Electronic resource]. – Access mode: https://www.elibrary.ru/download/elibrary_23278387_47279031.PDF.
11. Shatokhin I. D. The problem of observing the right to the inviolability of the home in operational-search activities // Actual problems of combating crimes and other offenses. – Barnaul, 2019. – No. 19 (2). – P. 145-147. – [Electronic resource]. – Access mode: https://elibrary.ru/download/elibrary_37172209_68707864.PDF.
CRIMINAL PROCEDURE
MATYUNIN Oleg Valerjevich
postgraduate student of the State University for the Humanitarian sciences, managing partner of the Moscow law office “Matyunin and Partners”, head of the reception principle of the Commissioner for the Protection of the Rights of Entrepreneurs in Moscow on issues of development and consequences in the field of economic activity
PROCEDURAL FEATURES OF COMBATING TAX CRIMES IN THE PEOPLE’S REPUBLIC OF CHINA
The article examines the features of legal regulation of activities to combat tax crimes in the PRC. The author examines the system of tax crimes and offenses, the system of bodies involved in the criminal prosecution of tax crimes, the procedure for initiating and investigating criminal cases on tax crimes, and notes the characteristic features of criminal proceedings in this category of cases. The research method combines historical, logical, formal-legal and comparative-legal methods. The author draws attention to the fact that in the tax and criminal-procedural law of the PRC there is no special regulation of initiating a criminal case on a tax crime. In the PRC, tax crimes are investigated by public security agencies or the People’s Prosecutor’s Office, and not by the Investigative Committee, as in Russia. The main feature of the activity to combat tax crimes in the PRC, according to the author, is the nature of the working interaction of administrative and law enforcement agencies aimed at countering tax crime. As a result of the study, the author comes to the conclusion that the criminal procedure in China is similar to the Russian one, but with a number of unique features. The author considers the establishment of truth as a basic value of the criminal process and some other procedural rules worthy of borrowing.
Keywords: criminal procedural law of the PRC, criminal liability for tax crimes in the PRC, law enforcement agencies of the PRC, tax authorities of the PRC, detection and suppression of tax crimes in the PRC, people’s police of the PRC.
Article bibliography
1. Zakharova V.K. Pre-trial proceedings in the criminal process of the Russian Federation and the People’s Republic of China: a comparative legal study: Abstract of Cand. Sci. (Law) Dissertation. – Moscow, 2017. – 25 p.
2. Troshchinsky P.V. The influence of tradition on the law of modern China // Journal of Russian Law. – 2014. – No. 8. – P. 94-106.
3. Yuzho L. Features of the development of the tax system in the period of market transformation of the national economy (on the example of the PRC): Abstract of Cand. Sci. (Econ.) Dissertation. – Saint Petersburg, 2013. – 24 p.
CRIMINAL PROCEEDINGS
MUKHTOROV Yahyejon Asimovich
adjunct of the Academy of the MIA of Russia, major of police
ON THE ISSUE OF THE CONCEPT AND SIGNS OF ACCELERATED PROCEEDINGS IN THE SYSTEM OF CRIMINAL PROCEDURAL LAW OF THE REPUBLIC OF TAJIKISTAN
This article discusses the concept and signs of accelerated proceedings within the framework of criminal procedure legislation, analyzes their goals, advantages and possible disadvantages. By examining the experience of various jurisdictions and drawing on empirical evidence, this article aims to shed light on the role of expedited proceedings in improving the efficiency and fairness of the criminal justice system. The Institute for Fast Track Criminal Procedure provides a strategic approach to addressing backlogs, delays, and inefficiencies in the criminal justice system. The article emphasizes the importance of balancing efficiency with fundamental principles of fairness, due process and protection of the rights of the accused. Exploring the role of expedited proceedings in increasing the efficiency and effectiveness of the criminal justice system, the article proposes a concept for this institution of criminal process.
Keywords: expedited trial, criminal process, criminal procedure law, simplified proceedings, mechanisms for expedited consideration of cases, admission of guilt.
Article bibliography
1. Volynskaya, O. V. Accelerated proceedings in criminal proceedings: author’s abstract. diss. … Cand. of Law. – M., 1992. – 24 p.
2. Kachalova, O. V. Accelerated proceedings in Russian criminal proceedings: author’s abstract. dis. … Doctor of Law. – M., 2016. – 55 p.
3. Gubarev, I. S. Theoretical and legal model of abbreviated pre-trial proceedings for crimes of minor and moderate severity: dis. … candidate of legal sciences. – M., 2019. – 196 p.
4. Gerasenkov V. M. Models of accelerated pre-trial proceedings in Russian criminal proceedings: diss. … candidate of legal sciences. – M., 2020. – 232 p.
5. Dubovik N. P. Special procedure of trial and its place in the system of simplified proceedings in criminal cases: diss. … candidate of legal sciences. – M., 2004. – P. 9.
6. Prokopova, A. A. Accelerated pre-trial production in the Republic of Kazakhstan and the Russian Federation: comparative legal research: dis. … cand. jurid. sciences. – M., 2021. – 239 p. and others.
7. Poznyshev S. V. Elementary textbook of Russian criminal procedure. – M.: Publ. G. A. Leman, 1913. – 187 p. .
8. Kachalova O. V. Accelerated proceedings in Russian criminal proceedings: diss. … Doctor of Law. – M., 2016. – 18 p.
9. Tsyganenko S. S. General and differentiated criminal proceedings: diss. … Doctor of Law. – St. Petersburg, 2004. – 12 p.
10. Rakhmadzhonzoda R. R. The doctrine of criminal prosecution in criminal proceedings of the Republic of Tajikistan [Text]: diss. .. . Doctor of Law. sciences: 12.00.09. – Dushanbe, 2022. – P. 264.
11. Kachalova O. V. Accelerated proceedings in Russian criminal proceedings: diss. … doc. jurid. sciences. – M., 2016. – P. . 39.
12. Kachalova O. V. Theoretical foundations of expedited proceedings in Russian criminal proceedings. – M., 2015. – P. 72-73.
13. Kachalova O. V. Expedited proceedings in criminal proceedings : Is there a limit to the differentiation of criminal proceedings? // Current issues of Russian law. – 2016. – No. 1. – P. 145.
14. Rakhmadzhonzoda R. R. The doctrine of criminal prosecution in criminal proceedings of the Republic of Tajikistan [Text]: diss. … Doctor of Law: 12.00.09. – Dushanbe, 2022. – P. 265.
15. Kasimov A. A. Judicial power: criminal procedure research: author’s abstract. diss. … candidate of law. sciences. – Karaganda, 2001. – P. 10.
16. Gorlova S. V. Criminal prosecution as a manifestation of publicity in criminal proceedings: diss. … candidate of legal sciences. – Chelyabinsk, 2006. – P. 150- 151.
17. Tsyganenko S. S. General and differentiated procedures of criminal proceedings: diss. … Doctor of Law. – St. Petersburg, 2004. – 12 p.
18. Chernyshova I. V. Protection of the rights of participants in the process in abbreviated proceedings // Business in law. Economic and legal journal. – Issue 4. – [Electronic resource]. – Access mode: http://www.cyberleninka.ru/article/n/zaschita-prav-uchastnikov-ugolovnogoprotsessa-pri-sokraschennom-proizvodstve (date of access: 12.05.2010).
19. Petrukhin I. L., Baturov G. P., Morshchakova T. G. Theoretical Foundations of the Efficiency of Justice / Ed. G. P. Baturov. – M., 1979. – P. 185.
20. Bobryshev D. N. Basic Categories of Theory management. – M., 1986. – P. 54.
21. Kachalova O. V., Tsvetkov Yu. A. Electronic criminal case – a tool for modernizing criminal proceedings // Russian Justice. – 2015. – No. 2.
CRIMINAL PROCEEDINGS
TARASENKO Darya Viktorovna
postgraduate student of the Law Faculty of the St. Petersburg State University, lawyer
THE INSTITUTION OF SECRET INVESTIGATIVE ACTIONS IN THE CONTEXT OF ENSURING THE CONSTITUTIONAL RIGHTS OF PARTICIPANTS IN THE CRIMINAL PROCESS
In the article, the author analyzes the institution of covert investigative actions in the context of the possibility of implementing foreign experience in regulating this institution. The author draws conclusions based on an empirical basis regarding the inexpediency of making changes to the Code of Criminal Procedure through the prism of the need to ensure the constitutional rights of participants in criminal proceedings. Based on the essential analysis of covert investigative actions, the author concludes that the problem lies not in the total inadmissibility of legalizing the institution as such in the Russian Federation, but in the risk of mixing and duplication of investigative and operational investigative activities, as well as in the inconsistency of covert investigative actions with the essence of investigative actions as such. The author concludes that the consolidation of covert investigative actions in the form of a separate institution in the Criminal Procedure Code of the Russian Federation will lead to the blurring of the boundaries between operational investigative and investigative activities and violations of the rights of participants in criminal proceedings .
Keywords: covert investigative actions, criminal proceedings, constitutional rights, investigative action, operational investigative activities, criminal procedural activities.
Article bibliography
1. Vlasova S. V. On the issue of adapting the criminal procedure mechanism to digital reality // Library of the criminalist. – 2018. – No. 1. – P. 9-18.
2. Golovko L. V. Digitalization in criminal process: local optimization or global revolution? // Bulletin of Economic Security. – 2019. – No. 1. – P. 15-25.
3. Zhukov D. A. On the use of the results of operational-search activities in proving // Bulletin of the Moscow Academy of the Investigative Committee of the Russian Federation. – 2019. – No. 2. – P. 133-139.
4. Kalugin A. G. Covert investigative actions: prospects for implementation in the criminal procedure legislation of the Russian Federation // Bulletin of the Siberian Law Institute of the Ministry of Internal Affairs of Russia. – 2021. – No. 2 (43). – P. 115-122.
5. Kostenko A. B. On the concept of covert investigative actions // Legal science. – 2020. – No. 5. – P. 107-111.
6. Rossinsky S. B. Investigative actions. – M.: Norma, 2018. – P. 240.
7. Semenov V. A. The system of investigative actions in Russia: history and modernity // Bulletin of OSU. – 2005. – No. 3. – P. 72-76.
8. Churkin A. V. Operational-search activity (legal bases in military justice bodies): study guide. – M., 2005. – P. 25.
9. Shumilov A. Yu. On the expediency unification of detective procedures into a single criminal investigation process // Police Law. – 2005. – No. 1. – P. 70-72.
10. Sheifer S. A. The system of investigative actions: what are the ways of its development? // Laws Russia: experience, analysis, practice. – 2015. – No. 2. – pp. 5-16.
CRIMINAL PRINCIPAL LAW
GLEBOVA Ekaterina Viktorovna
Ph.D. in Law, associate professor of the Samara Institute of law of the FPS of Russia
ON THE ISSUE OF ORGANIZING SOCIAL AND EDUCATIONAL WORK WITH CONVICTS WITHIN THE FRAMEWORK OF THE PENITENTIARY PROBATION SYSTEM
Penitentiary probation is an important factor in ensuring the social adaptation of persons who are released from prison. Accordingly, penitentiary probation for the restoration of the social status of such a person will, firstly, return him to society as a full member, and secondly, prevent the commission of repeated crimes. Therefore, one of the tasks of the correctional institution, as a criminal justice body, is to maximize the implementation of penitentiary probation, including through the organization of social and educational work.
Keywords: probation, penal enforcement system, educational work, re-socialization, convicts, psychological assistance.
Article bibliography
1. On the Concept of Development of the Criminal-Executive System of the Russian Federation for the Period up to 2030: order Government of the Russian Federation No. 1138-r [adopted April 29, 2021] // Access from the reference and legal system “Consultant Plus”.
2. Federal Law of February 6, 2023 No. 10-FZ “On Probation in the Russian Federation » // Access from the reference and legal system “Consultant Plus”.
3. Eremeeva A. A. Penitentiary social work on the restoration, maintenance and strengthening of social ties of convicts: dis. … candidate of sociological sciences. – Nizhny Novgorod, 2022.
4. On the resocialization, social adaptation and social rehabilitation of persons, in in respect of whom probation is applied in accordance with the Federal Law of 06.02.2023 No. 10-FZ “On Probation in the Russian Federation”: order of the Ministry of Justice of Russia [adopted on November 29, 2023 No. 350] // Official Internet portal of legal information (http:/ /pravo.gov.ru) November 30, 2023
5. Nichugovskaya O. N. Resocialization and social adaptation in the penal system: a tutorial. – Voronezh: Nauchnaya kniga, 2020. – P. 19.
6. Ivashko N. N. Features of educational work with convicts in correctional institutionszhdeniyakh // Bulletin of the Kuzbass Institute. – 2017. – P. 169.
7. Naryshkina N. I., Zvonova A. V. Legal regulation of educational work in the penal system: a tutorial. – Vladimir: VYU FSIN of Russia, 2021. – P. 36.
8. Eremeeva A. A. Penitentiary social work to restore, maintain and strengthen the social ties of convicts: dis. … Cand. Sociological Sciences. – Nizhny Novgorod, 2022. – P. 54.
9. Debolsky M. G. Psychological service of the penal system of Russia: implementation experience // Russian Psychological Journal. – 2004. – P. 125.
CRIMINAL-EXECUTIVE LAW
GORKINA Svetlana Alexandrovna
Ph.D. in Law, associate professor, Deputy Head of Management and organization of activities of the UIS sub-faculty of the Academy of the FPS of Russia
EDUCATIONAL IMPACT OF THE HEAD OF THE UIS ON EMPLOYEES: PROBLEMS AND PROSPECTS IN THE SYSTEM OF RESOLVING SUICIDAL BEHAVIOR OF EMPLOYEES
The article deals with the issues of professional competence of the heads of the UIS in resolving conflicts among employees, pays attention to the prevention of destructive phenomena and professional deformation of personality.
The main tasks of educational work with employees of the penitentiary system are revealed within the framework of the implementation of the “Comprehensive plan of preventive measures to prevent crimes, violations of the rule of law, official discipline and emergencies among the personnel.” In the article, the author analyzes the suicide rate among employees in 2023 and the motives that contributed to the commission of suicides among employees.
The author focuses on the areas of work on the development of professional competence of the heads of the UIS within the framework of the algorithm of actions of the employees of the UIS on the organization of work on suicide prevention among personnel.
Keywords: penal enforcement system, suicide, professional competence, legality, service discipline.
Article bibliography
1. Dolinin A. Yu. Activities of the Academy of the Federal Penitentiary Service of Russia to improve the level of professional competence of the heads of institutions and bodies of the penal system // Organizational and legal support for the activities of the penal system: problems and development prospects: materials of the international scientific and practical conference dedicated to the memory of the Honored Scientist of the RSFSR, Doctor of Law, Professor A. I. Zubkov and the Day of Russian Science, Ryazan, February 08, 2022. – Ryazan: Academy of the Federal Penitentiary Service of Russia, 2022. – P. 134-139.
2. Bevz L. V. The role of the head of the Penitentiary System in preventing convicts from committing cases of violence (insults) against the personnel of the Penitentiary System // Organizational and legal support for the activities of the penal system: problems and development prospects: materials of the international scientific and practical conference dedicated to the memory of the honored scientist of the RSFSR, Doctor of Law, Professor A. I. Zubkov and the Day of Russian Science, Ryazan, February 08, 2022. – Ryazan: Academy of the Federal Penitentiary Service of Russia, 2022. – pp. 48-50.
CRIMINAL EXECUTIVE LAW
ZUBKOVA Valentina Ivanovna
Ph.D. in Law, professor, chief researcher of the Laboratory of socio-legal research and comparative law of the Faculty of Law of the M. V. Lomonosov Moscow State University
GOLOVASTOVA Yuliya Alexandrovna
Ph.D. in Law, associate professor, professor of Criminal executive law and organization of educational work sub-faculty of the Academy of the FPS of Russia, professor of Criminal law and humanitarian disciplines sub-faculty of the S. Yu. Witte Moscow University, Ryazan branch
ON THE ISSUE OF THE PUBLIC DANGER OF THE PERSONALITY OF CONVICTS IN PLACES OF DEPRIVATION OF LIBERTY
The article examines the social danger of the personality of a distinguished person serving a prison sentence. The “state of danger” of convicts is analyzed, taking into account their various role positions in correctional institutions. Special attention is paid to the peculiarities within the framework of criminal law characteristics. The conclusion is formulated that the presented cross-section of criminal law criteria allows us to model an individual approach to the correction of convicts and the prevention of new crimes by them.
Keywords: public danger, outstanding person, criminal law characteristics; crime; recidivism of crimes
Article bibliography
1. Golovastova Yu. A., Gordopolov A. N., Pavlenko A. A. General characteristics of the behavior of convicts serving a sentence of imprisonment (based on the materials of a special census of convicts and persons in custody, December 2022): monograffia / Under the scientific editorship of V. I. Seliverstov. Moscow, Prospect, 2024. 96 p.
2. Gontar I. The category of “social danger” in criminal law: ontological aspect // Criminal law. 2007. No. 1. P. 16-19.
3. Yuzhanin V. E. Social danger of the personality of a convict as a category of criminal-executive law // Bulletin of the Institute: Crime, Punishment, Correction. 2014. No. 2 (26). S. 18.
CRIMINAL PRINCIPAL LAW
MEDVEDEVA Inna Nikolaevna
researcher of the Center for the Study of Problems of Management and Organization of the Execution of Sentences in the Penal System of the Federal State Institution “Research Institute of the Federal Penitentiary Service” of Russia
ON SOME FEATURES OF THE APPLICATION OF PROBATION IN GEORGIA
In 2024, probation became especially relevant for the penal system of the Russian Federation, which is why both the scientific community and practitioners of the penitentiary system needed to study the experience of foreign countries in the application of probation. In this article, the author provided an analysis of the legislation and statistical data of Georgia on the application of probation. Some provisions of the legislation of Georgia on the application of probation, in our opinion, may be of particular interest to specialists and practitioners.
Keywords: convicts; probation; criminal-executive legislation; Georgia.
Article bibliography
1. Website of the printed organ of the Ministry of Justice of Georgia. Legislative Herald of Georgia. [Electronic resource]. – Access mode: https://www.matsne.gov.ge/ru (date of access: 26.07.2024).
2. Geostat official website. Criminal Justice Statistics. [Electronic resource]. – Access mode: https://www.geostat.ge/en/modules/categories/680/hate-crimes-statistics (date of access: 26.07.2024).
3. Medvedeva I. N. On the issue of organizing the selection of personnel in the penitentiary services of some foreign countries // Eurasian Law Journal. – 2024. – No. 4 (191). – P. 339-340. – EDN WTHATI.
4. Medvedeva I. N. On the specifics of the execution of detention and imprisonment in Georgia // Eurasian Law Journal. – 2024. – No. 1 (188). – P. 325-326. – EDN EJEKLO.
CRIMINAL PRINCIPAL LAW
MERKUSHEVA Alisa Ivanovna
senior inspector of the Educational Department of the Samara Law Institute of the FPS of Russia, captain of the internal service
TITOV Dmitriy Valerjevich
Ph.D. in technical sciences, associate professor, senior lecturer of Economics, management and engineering support of the penal enforcement system sub-faculty of the Vologda Institute of Law and Economics of the FPS of Russia, lieutenant colonel of the internal service
TOPICAL ISSUES OF THE USE OF INFORMATION TECHNOLOGY SECURITY TOOLS IN CORRECTIONAL INSTITUTIONS
The article analyzes the functional content of the processes of engineering and technical support of bodies and institutions of the penal enforcement system in order to theoretically substantiate the current measures used to use modern means of ensuring control and access to sensitive facilities, means of obtaining and processing information, computer automated systems for personality recognition and others. The conclusions obtained in the comparative analysis of the literature study contribute to the formation of ideas about the systematic justification of the requirements for the use of engineering and technical means in penitentiary institutions, which make it possible to enhance security, optimize work processes, make them more transparent and controlled, and contribute to reducing the number of violations by convicts.
Keywords: penal enforcement system, correctional institutions, engineering and technical facilities, information technology, automated complexes, security, control, supervision, information processing.
Article bibliography
1. The penal system today: the interaction of science U26 and practice: materials of the XXI All-Russian scientific and practical conference, October 20-21, 2021 / Ed. Cand. ped. sciences, Assoc. prof. A. G. Chirikov. – Novokuznetsk: FKOU VO Kuzbass Institute of the Federal Penitentiary Service of Russia, 2021. – 326 p.
2. Khodjaliev S. A. Some Features of the Application and Execution of Sanctions in the Form of Restrictions on Freedom under the Criminal Legislation of the Russian Federation // Humanitarian, Socio-Economic and Social Sciences. – 2020. – No. 10. – P. 201-203.
3. Epifanov S. S., Klenov S. N., Popov V. V., Ivanov A. A. Special Law Enforcement Techniques (Theoretical, Legal and Organizational Aspects): A Tutorial. – Moscow: FGKUTA, 2015. – 204 p.
CRIMINALISTICS
BIRYUKOV Svyatoslav Yurjevich
Ph.D. in Law, associate professor, associate professor of Procedural law and criminology sub -faculty of the Institute of Law of the Volgograd State University
TRUBCHANINOV Alexey Viktorovich
senior lecturer of Organization of investigative work sub-faculty of the Educational and Scientific Complex for Preliminary Investigation in the Internal Affairs Bodies of the Volgograd Academy of the MIA of Russia
SELECTED THEORETICAL AND APPLIED ASPECTS OF THE CONSTRUCTION OF THE VERSION
The study of the theory of modern criminology shows that at present the so- called situational approach has replaced the “version approach” in the criminalistic methodology of investigating crimes of certain types, which is based on the so-called typical investigative situation. On the other hand, the analysis of investigative practice also gives reason to talk about the loss of confidence in the version work by a significant part of the investigation and inquiry staff as one of the fundamental factors of the effectiveness of activities to establish all the circumstances of the crime under investigation. It seems that these negative trends have arisen due to the lack of modern forensic research within the framework of the doctrine of investigative versions, as well as the disregard of the law enforcement officer for the aspects of versioning developed by criminology.
This article discusses some issues of theory and practice of putting forward versions during the production of a preliminary investigation by its subjects, which largely guarantees the effectiveness of such work.
Keywords: version, Investigative version, crime investigation, subject of investigation.
Bibliographical list of articles
1. Ermolovich V.F. Construction and verification of versions in the investigation of thefts: Textbook. allowance. – Mn.: Academy of the Ministry of Internal Affairs of the Republic of Belarus, 1995.
2. Luzgin I. M. Modeling in the investigation of crimes. – Volgograd. Higher School of the Ministry of Internal Affairs of the USSR, 1983.
3. Zuikov G. G. Research of methods of committing and evading criminal liability as a prerequisite for increasing the effectiveness of investigation planning // Versions and investigation planning. – Sverdlovsk, 1985. – P. 90-94.
4. Azarova E. S. Discretion of the court as part of the structure of the criminal procedural paradigm // Legal paradigm . – 2019. – Vol. 18. No. 4.
5. Luzgin I. M. Investigation as a process of cognition. – M.: Higher School of the Ministry of Internal Affairs of the USSR, 1969.
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
PECULIARITIES OF INSPECTION OF THE SCENE DURING INVESTIGATION OF INTENTIONAL DESTRUCTION OR DAMAGE TO SOMEONE ELSE’S PROPERTY COMMITTED BY ARSON
Inspection of the scene is one of the key stages in the investigation of intentional destruction or damage to someone else’s property committed by arson. This is a complex and responsible process that requires special care and professionalism from investigators. The inspection allows you to identify and record all the circumstances indicating the causes of the fire, as well as determine the nature of the damage and consequences for the facility. article, we will consider the main features of conducting an inspection of the scene when investigating arson and the importance of correct documentation of the data obtained.
Keywords: fire, inspection, detection of arson traces , scene, destruction or damage to other people’s property.
Article bibliographic list
1. Lantukh E. V., Leinova O. S., Bachieva A. V. On the issue of automation planning of crime investigations // Criminal proceedings in Russia: problems and development prospects: materials of the All-Russian scientific and practical conf. – St. Petersburg, 2019. – P. 176–181.
2. Vasiliev D. V. Some features of the initial stage of investigation of criminal cases initiated on the basis of arson // In the collection: Legal almanac. Collection of scientific papers. – Moscow, 2020. – P. 26-31.
3. Mishin A. V. Investigation and prevention of fires of personal property of citizens. – Kazan, 2001. – 88 p.
4. Kursky V. F., Nikonovich S. L., Kairgaliev D. V. On the disclosure and investigation of crimes involving the deliberate destruction and damage of military property committed by arson // Military Law. – 2022. – No. 1 (71). – P. 203-208.
CRIMINALISTICS
ERMOLAEVA Lyubov Nikolaevna senior lecturer of Criminology sub-faculty of the Ufa Law Institute of the MIA of Russia
PONOMAREVA Anna Vladimirovna
senior lecturer of Criminology and operational investigative activities sub-faculty of the Rostov Law Institute of the MIA of Russia
THE PROCESS OF FORMATION OF THE INSTITUTE OF FORENSIC EXAMINATION
The study of the formation of the Institute of forensic examinations allows us to understand its purpose and the dynamics of its content. A historical digression will highlight the stages of the development of forensic expertise in Russia: Special knowledge has always been of authoritative importance for the investigation of crimes. This was expressed in the fact that persons investigating crimes invited knowledgeable persons who had in-depth knowledge in science, craft, art and other aspects of public life to give a professional opinion. However, it was precisely as a forensic examination and the status of an expert that became isolated in the structure of special knowledge only with the advent of Soviet power. At the same time, the differentiation of expert research and the methods of their production have undergone rapid evolution since the beginning of the twentieth century. Many discoveries in science and technology have been applied in the investigation of crimes.
Keywords : expert activity, stages of development, formation of forensic expertise.
Article bibliographic list
1. Military Article of 1715 // Russian legislation of the 10th-20th centuries: in 9 volumes. Volume 4. Legislation of the period of formation of absolutism / Responsible. editor A. G. Mankov. – M.: Legal literature, 1986.
2. Quoted from: Nepochatykh A. N., Chernaya O. S. History of the formation and development of forensic examination in Russia // Criminal Procedure Code of the Russian Federation: achievements and problems of application. collection of scientific articles of the V International Student Scientific and Practical Conference. Southwestern State University. – 2019. – P. 154-157.
3. The Charter of Criminal Procedure of 1864. [Electronic resource]. – Access mode: http://www.garant.ru (date of access: 08.07 .2024).
4. Criminal Procedure Code of the RSFRR of 1923. [Electronic resource]. – Access mode: http://www.consultant.ru (date of access: 07/08/2024).
5. Criminal – procedural code of the RSFSR of 1960. [Electronic resource]. – Access mode: http://www.consultant.ru (date accessed: 02.07.2024).
6. Analytical reports on the activities of the OMVD of Russia for the Akbulaksky District for 2019, 2020, 2021, 2022, 2023, provided by the Information Center of the UMVD of Russia for the Orenburg region.
7. Analytical reports on the activities of the OMVD of Russia for the Akbulaksky district for 2019, 2020, 2021, 2022, 2023, provided by the Information Center of the UMVD of Russia for the Orenburg region.
CRIMINALISTICS
LAKOMSKAYA Marta Yurjevna
Ph.D. in Law, senior lecturer of Criminology sub-faculty of the Krasnodar University of the MIA of Russia
ABOUT THE POSSIBILITY OF INTERROGATION BY THE ACCUSED OF A WITNESS (VICTIM) DURING THE VERIFICATION OF TESTIMONY ON THE SPOT
The article discusses the implementation of the right of the accused to interrogate a person incriminating him. The author explores the opinions of proceduralists regarding the possibility of granting the right to the accused to ask questions to the witness (victim) during the verification of testimony on the spot. An analysis of the proposed form of verification testimony on the spot and a comparison with the norms of criminal procedure legislation is carried out.
Keywords: investigative actions, confrontation, verification of evidence on the spot, interrogation, reading out evidence in court, rights of the accused, pre-trial proceedings.
References
1. On the Protection of Human Rights and Fundamental Freedoms: Convention of November 4, 1950 (as amended by Protocol No. 14 of 13.05.2004) [Electronic resource]. – Access mode: https://xn--b1aew.xn--p1ai/upload/site134/document_textsort/011/827/373/Konventsiya_o_zaschite_prav_cheloveka_i_osnovnykh_svobod.pdf (date of application: 10/02/2023).
2. On Amendments to Article 281 of the Criminal Procedure Code of the Russian Federation No. 40-FZ dated 03/02/2016. [Electronic resource]. – Access mode: (date of application: 05/10/2024).
3. Shadrina E. G., Abakanova V. A. Verification of testimony on the spot: the announcement of testimony in court in accordance with Article 281 of the Criminal Procedure Code of the Russian Federation // Russian judge. 2022. No. 1.
4. Zheltobryukhov S. P. Verification of testimony on the spot with the participation of the exposed person // Russian judge. 2023. No. 1 // SPS “ConsultantPlus”.
5. On the practice of application by courts of legislation ensuring the right to protection in criminal proceedings: Resolution of the Plenum of the Supreme Court of the Russian Federation No. 29 of June 30, 2015. [Electronic resource]. – Access mode: https://vsrf.ru/documents/own/8439/ (date of application: 09.25.2023).
6. Appeal ruling of the Judicial Board for Criminal Cases of the Sverdlovsk Regional Court dated January 30, 2019 in case No. 22-100/2019 // SPS “ConsultantPlus”.
7. Cherninov A. M. “Silence is gold?”: the constitutionality of the refusal of a person who concluded a pre–trial agreement on cooperation, answer questions from the defense // Comparative Constitutional Review. 2023. No. 1.
8. Appellate ruling of the Judicial Board for Criminal Cases of the Supreme Court of the Russian Federation dated March 13, 2018 No. 86-APU18-1 // SPS “ConsultantPlus”.
9. Rudich V. V. Analysis of Articles 57 and 51 of the Constitution of the Kyrgyz Republic and the Russian Federation: correlation with international law // Izvestiya vuzov Kyrgyzstan. 2022. No. 4.
CRIMINALISTICS
NIZAEVA Svetlana Ramilevna
Ph.D. in Law, associate professor, associate professor of Constitutional and administrative law sub-faculty of the Bashkir Academy of Public Administration and Management under the Head of the Republic of Bashkortostan
KHAYRULLOVA Elvira Tagirovna
Ph.D. in pedagogical sciences, associate professor, associate professor of Criminology sub-faculty of the Kazan Law Institute of the MIA of Russia
KUSHKHOV Ruslan Khabilevich
Ph.D. in Law, senior lecturer of Special disciplines sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia
ERKEEV Ilshat Khamitovich
senior lecturer of Criminology sub-faculty of the Ufa Law Institute of the MIA of Russia
THE CONCEPT OF INTERROGATION AND ITS SIGNIFICANCE FOR THE INVESTIGATION CRIMES
Interrogation is the most common investigative action in the activities of the preliminary investigation bodies. The achievement of the goals of criminal proceedings often depends on its competent and effective implementation. The investigator (inquirer) is interested, by conducting an interrogation, to demand the maximum amount of information that will further help establish the truth in the criminal case under investigation, which imposes on the official conducting the preliminary investigation the requirement of due and strict compliance with the procedural procedure established by the Criminal Procedure Code of the Russian Federation (hereinafter referred to as the CPC of the Russian Federation) in relation to conducting the specified investigative action, as well as personal responsibility for the choice of tactics and the results of its production.
s:interrogation, investigative action, tactics of conducting, criminally significant information, stages of interrogation, evidence, typical investigative situation, investigation of a crime
Article bibliographic list
1. Babkin L. M., Pudovkin A. A. Ponyatinterrogation and its importance in proving a criminal case // Collection of scientific articles based on the results of scientific and practical conferences held at the Ryazan branch of the Moscow University of the Ministry of Internal Affairs of Russia named after V. Ya. Kikot in November 2020. Scientific electronic publication. – Ryazan, 2020. – Pp. 93-97.
2. Bezlepkin B. T. Commentary on the Criminal Procedure Code of the Russian Federation (article by article). 16th ed. – M .: Prospect, 2022. – P. 159.
3. Glazkova L. V., Barinova E. V., Manukyan A. A. Tactics of conducting interrogation in a conflict situation // Actual problems of criminal law: collection. art. – M., 2017. – P. 8-14.
4. Dosova A. V. Features of the tactics of interrogation of a suspect and an accused // Actual problems of counteracting crimes of economic and corruption orientation: collection. scientific. art. on it. university. scientific and practical. seminar. – Nizhny Novgorod, 2023. – P. 37-41.
5. Zmushko M. S. On the issue of the concept of interrogation // Actual problems of law: electronic collection. mat. of the XXII Republic. scientific and practical. conf. students, master’s students and postgraduates. – 2021. – P. 18-21.
6. Shipulya M. I. Interrogation as an important element of solving a crime // Digital society: psychological and pedagogical aspects: collection. articles based on the results of the International. scientific and practical. conf. – Sterlitamak, 2020. – pp. 118-119.
CRIMINALISTICS
POPOVA Olga Alexandrovna
Ph.D. in Law, associate professor, associate professor of Investigative activities sub-faculty of the Educational and Scientific Complex of Preliminary Investigation in the Internal Affairs of the Volgograd Academy of the MIA of Russia
SAAKYAN Artem Grigorjevich
Ph.D. in Law, associate professor, Deputy Head of Criminalistics sub-faculty of the Nizhny Novgorod Academy of the MIA of Russia
INTERROGATION OF THE WITNESS IN THE PRELIMINARY INVESTIGATION STAGE: OBJECTIVE NECESSITY, TACTICAL TECHNIQUE OR MEANS OF MULTIPLYING EVIDENCE?
When studying the materials of criminal cases, the practice of conducting at the final stage of the investigation of interrogations of witnesses who took part in such investigative actions as examining the scene of the incident, searching, checking testimony on the spot and presenting for identification was revealed. The article examines the reasons prompting the investigator to interrogate witnesses as witnesses about the circumstances of the proceedings and the results of the investigative actions carried out by him personally. The question of the expediency of interrogating witnesses at the stage of preliminary investigation, as well as compliance of the revealed practice with the requirements of the current criminal procedure law, is being considered.
Keywords: interrogation, understood, institution of witnesses, investigative actions, limits of evidence, verification of evidence, multiplication of evidence.
Article bibliography
1. Grishin A. V. Criminal procedure policy in relation to the institution of witnesses in criminal procedure legislation: historical and legal analysis and modern problems of domestic criminal procedure // Bulletin of the Belgorod Law Institute of the Ministry of Internal Affairs of Russia named after I. D. Putilin. – 2018. – No. 4. – P. 36-42.
2. Militsin S. D. Traditions as prerequisites for the continuity of criminal procedure law // Russian Law Journal. – 2020. – No. 1. – P. 88-101.
3. Bochalgin I. M. Institute of Witnesses in Russian Criminal Proceedings / // Global and Regional Research. – 2021. – Vol. 3. No. 4. – P. 189-196.
4. Review of the judicial practice of the Supreme Court of the Russian Federation No. 2 (2022). – P. 29 / Approved. by the Presidium of the Supreme Court of the Russian Federation on 12.10.2022. [Electronic resource]. – Access mode: https://www.vsrf.ru (date accessed: 07.05.2024).
5. Belokovylsky M. S. A lawyer’s work with inadmissible evidence in criminal proceedings: basic provisions and recommendations // Advocate practice. – 2008. – No. 5. –P. 28-30.
6. Bezlepkin B. T. Commentary on the Criminal Procedure Code of the Russian Federation (article by article). – Ed. 16th, revised and supplemented taking into account the changes and additions made in connection with the reform of appellate and cassation proceedings. – Moscow: OOO “Prospect”, 2023. – 672 p. – ISBN 978-5-392-36933-1.
7. Ryzhakov A. P. Permissible place and duration of interrogation. Commentary on Art. 187 of the Criminal Procedure Code of the Russian Federation. – Prepared for the ConsultantPlus system. 2023 // Reference and legal system “ConsultantPlus. – Access mode: by subscription.
8. Popova O. A. Criminal-procedural and organizational-tactical errors: prevention, detection and correction by the investigator / O. A. Popova; Volgograd Academy of the Ministry of Internal Affairs of Russia. – Volgograd, 2012. – 88 p. – ISBN 978-5-7899-0828-0.
9. Biryukov S. Yu., Skorikov D. G., Zakatov A. A. The importance of speech culture in the work of an investigator // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2018. – No. 3 (46). – P. 116-121.
10. Balakshin V. S. List of evidence presented in court proceedings: unresolved issues // Court Administrator. – 2022. – No. 4. – P. 39-44. – DOI 10.18572/2072-3636-2022-4-39-44.
CRIMINALISTICS
SAFONOVA Yuliya Sergeevna
associate professor of Preliminary investigation sub-faculty of the Volgograd Academy of the MIA of Russia
DOLGACHEVA Oksana Igorevna
Ph.D. in Law, associate professor, Deputy Head of Criminal process sub-faculty of the Nizhny Novgorod Academy of the MIA of Russia
OPPORTUNITIES AND PROSPECTS FOR THE INTRODUCTION OF DIGITAL TECHNOLOGIES IN CRIMINAL PROCEEDINGS IN RUSSIA
The article examines the issues of the use of digital technologies in criminal proceedings, identifies the positions of supporters and opponents of the introduction of electronic criminal cases into the domestic criminal process. At the same time, the experience of the Republic of Kazakhstan is considered, the obvious positive sides of digitalization of the criminal process are noted. In addition, the article discusses changes to the current Code of Criminal Procedure aimed at introducing digital document management. The authors propose measures to ensure data security and prevent the possibility of abuse of the system. It is concluded that the introduction of electronic criminal proceedings opens up significant prospects for improving the efficiency, transparency and accessibility of justice.
Keywords: electronic criminal case, digital legal proceedings, security, data protection, accessibility of justice.
Article-by-article bibliographic list
1. Gimazetdinova I. N. Criminal case as a complex procedural act and the possibility of its transfer to electronic format // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2023. – No. 3. – P. 70-75.
2. Ramaldanov H. H. Electronic criminal case: myth or reality? // Law and order: history, theory, practice. – 2022. – P. 93-98.
3. Biryukov S. Yu., Skorikov D. G., Zakatov A. A. The Importance of Speech Culture in the Work of an Investigator // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2018. – No. 3 (46). – P. 116-121.
CRIMINALISTICS
SYSENKO Alfiya Radikovna
Ph.D. in Law, associate professor of Criminology sub-faculty of the Omsk Academy of the MIA of Russia
FORENSIC RULES FOR PREPARING FOR VIDEO RECORDING USED IN INVESTIGATIVE ACTIONS
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 basic rules for preparing for the use of video recordings in investigative actions.
Video that is shot without proper preparation and planning often does not reflect all the events that correlate with the goals of the investigative action, sometimes without even recording them. Therefore, it is very important to determine the standard structure of the introduction and organizational stage of using video recordings in investigative actions.
Keywords: forensic rules, video recording, techniques, technical means, types of filming, crime investigation.
Article bibliography
1. Agafonov V. V., Gazizov V. A., Natura A. I., Protkin A. A. Forensic technology: a textbook for universities / General editor V. V. Agafonov. – 2nd ed., revised. and additional. – Moscow: Publishing house Yurait, 2024. – 161 p.
2. Bezrukov S. S. Recording or video recording: on the admissibility of opposing the methods of recording the course and results of investigative actions // Modern criminal procedural law – lessons of history and problems of further reform: Collection of materials of the International scientific and practical conference. On the 300th anniversary of the Russian police / Edited by E. B. Grishin. – Orel, Publishing House of the Orel Law Institute of the Ministry of Internal Affairs of Russia named after V. V. Lukyanov, 2018. – 430 p.
3. Dalelov M. L. The importance of forensic photography and video recording in the production of investigative actions // Eurasian Law Journal. – 2023. – No. 5 (180). – P. 373.
4. Verdict of the Kamyshansky City Court dated 06/09/2021 in case No. 1-27 / 2021. [Electronic resource]. – Access mode: http://kam.vol.sudrf.ru (date accessed: 04.06.2024) @@ Sentence of the Aleksandrovsky City Court of 02.29.2021 in case No. 1-15/2021. [Electronic resource]. – Access mode: http://aleksandrovsky.wld.sudrf.ru (date accessed: 04.06.2024).
5. Rostovtsev A. V. Legal and organizational issues of the use of digital photography and video recording in the production of investigative actions // Problems of management of investigative bodiescrimes in connection with the change in criminal procedure legislation: a collection of materials from the interuniversity scientific and practical conference. Volume Part II. – Moscow: Publisher: Academy of Management of the Ministry of Internal Affairs of the Russian Federation, 2008. – 412 p.
6. Digital forensics: a textbook for universities / VB Vekhov [et al.]; edited by VB Vekhov, SV Zuev. 2nd ed., revised and enlarged. – Moscow: Publishing House Yurait, 2024. – 490 p.
7. Eksarkhopulo A. A. Forensic science in diagrams: a textbook for the academic bachelor’s degree. – 3rd ed., revised and enlarged. – Moscow: Publishing House Yurait, 2023. – 421 p.
8. Yablokov N. P. Forensic Science: Textbook and Workshop for Universities. – 3rd ed., revised and enlarged. – Moscow: Yurait Publishing House, 2024. – 239 p.
CRIMINOLOGY
MARZAGANOVA Anzhelika Mairbekovna
Ph.D. in Law, Associate Professor of Civil and Criminal Law and Process Sub-faculty of the Gorsky State Agrarian University, Vladikavkaz
REGIONAL PECULIARITIES OF INDIVIDUAL PREVENTION OF JUVENILE DELINQUENCY
The article examines the issues, specific features of modern juvenile delinquency, as well as measures to prevent it. Based on the study of the legislation of the Russian Federation, the opinions of the scientific community and statistical data for the period from 2016 to January 2023, as well as the results of surveys of employees of the juvenile affairs units of the Krasnodar Territory and the Republic of Dagestan, regional peculiarities in the choice of means of individual prevention of juvenile delinquency have been established. It is concluded that in order to increase the effectiveness of individual juvenile delinquency prevention, it is necessary to create conditions for increasing the prestige of family values and train specialists who are able to work with children demonstrating deviant behavior. It is important to monitor the formation and development of criminal subcultures in order to study them and influence them.
Keywords: minors, youth, individual prevention, prevention, criminal ideology, subculture, motivation.
Article bibliography
1. Borisov E. A. Spread of the criminal subculture AUE among young people: key factors, threats, countermeasures // Bulletin of the Kama Social Institute. – 2020. – No. 1. – P. 16-21.
2. Guryeva I. V. Internet crime of minors: Russian and foreign experience of counteraction // Current research. – 2024. – No. 5-2 (187). – P. 12-16.
3. Demidova-Petrova E. V. Social networks and their impact on juvenile delinquency in modern Russia // Bulletin of the Saratov State Law Academy. – 2022. – No. 4 (147). – P. 116-125.
4. Zaiko T. M. Some aspects of the implementation of state policy in relation to juvenile offenders and the system of bodies implementing the prevention of juvenile and youth delinquency // Scientific almanac. – 2016. – No. 12-1 (26). – P. 349-355.
5. Latysheva L. Yu. Juvenile delinquency as one of the types of crime // Almanac of world science. – 2020. – No. 4 (40). – P. 45-48.
6. Lelekov V. A., Kosheleva E. V. Problem family and juvenile delinquency // Bulletin of the Voronezh Institute of the Federal Penitentiary Service of Russia. – 2023. – No. 3. – P. 191-195.
7. Novikov R. V. Juvenile delinquency in educational colonies // Bulletin of the Perm Institute of the Federal Penitentiary Service of Russia. – 2022. – No. 1 (44). – P. 122-128.
8. Patov D. A. Should justices of the peace be involved in the prevention of juvenile delinquency? // Justice of the peace. – 2015. – No. 5. – P. 20-24.
9. Shikova E. R., Klevtsov I. A., Dubrovsky N. S. Juvenile delinquency: a number of causes and ways to eliminate them // Legal Bulletin. – 2024. – T. 9. No. 1. – P. 121-131.
CRIMINOLOGY
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
CRIMINOLOGICAL CHARACTERISTICS OF FRAUD IN THE FIELD OF COMPUTER INFORMATION
The article is dedicated to the criminological characteristics of fraud in the field of computer information. Quantitative indicators, age and gender characteristics of criminals, social status and level of their education are considered. The data of judicial practice and official statistics are analyzed. The main attention is paid to the problems of high latency of such crimes and the difficulty in forming a unified approach to the characterization of the criminal’s personality. Based on the presented data, a conclusion is drawn about the socio-demographic portrait of a criminal in the field of computer information and its typical characteristics.
Keywords: fraud, computer information, criminological characteristics, statistics, judicial practice, criminal identity, latent crime.
Article bibliography
1. Fomin S. A. Criminological characteristics of crime and the main indicators of the characteristics of crime, its individual groups and types at the present stage // Bulletin of the Siberian Law Institute of the Ministry of Internal Affairs of Russia. – 2018. – No. 1 (30). – P. 95
2. Kozlov V. E. Theory and practice of combating computer crime. – M .: Goryachaya Liniya-Telkom, 2002. – P. 114.
3. Zinina U. V. Crimes in the field of computer information in Russian and foreign criminal law: author’s abstract. dis. … for a PhD in law. Cand. Jurid. Sciences. – M., 2007. – 4 p.
4. Luneev V. V. Course of World and Russian Criminology in 2 Volumes. Vol. II. Special Part: Textbook for Universities. – M.: Yurait Publishing House, 2015. – P. 334.
5. Kravtsov I. A. On the Issue of Socio-Demographic Personality Characteristics of a Criminal Who Embezzles Other People’s Property Using His Official Position in the Central Black Earth Region // Bulletin of the Internal Affairs Directorate of the Ministry of Internal Affairs of Russia. – 2011. – No. 3. – P. 44
6. Verdict of the Khamovnichesky District Court of Moscow No. 1-49/2014 of May 15, 2014. [Electronic resource]. – Access mode: Sud Praktika.ru.
7. Sentence of the Rudnichny District Court of Kemerovo, Kemerovo Region No. 1-41/2017 dated January 31, 2017. [Electronic resource]. – Access mode: Sud Praktika.ru.
CRIMINOLOGY
NESTEROVA Svetlana Sergeevna
Ph.D. in Law, associate professor of Criminal law sub-faculty of the Russian State University of Justice
CRIMINOLOGICAL FEATURES OF THE PERSONALITY OF AN ECONOMIC CRIMINAL
The article presents a criminological analysis of the personality of a criminal who commits crimes against property and in the field of economic activity. Gender, age, education, heredity, peculiarities of upbringing, environment and other factors influencing the development of crime in this area are analyzed. In addition, the paper presents a typology of economic criminals depending on the motive and nature of the crime. The conclusion of the work provides statistical data on economic criminals.
Keywords: the identity of the criminal, crimes in the field of economics, crimes against property, crimes in the field of economic activity, specific gravity, personality type.
Article bibliographic list
1. Afanasyeva O. R., Goncharova M. V., Shiyan V. I. Criminology: a textbook and workshop for universities. – Moscow: Yurait Publishing House, 2020. – P. 152-154.
2. Kuznetsova N. F. Motivation of crimes and trends in its change // Issues of Soviet criminology. – M., 1976. – P. 170-173.
3. Nesterova S. M. Criminological aspects of economic crime // Eurasian Law Journal. – 2023. – No. 6 (181). – P. 384-385.
4. Novoselova S. S. Problems of qualification of crimes in the sphere of economic activity: a tutorial: in 2 parts. – Part 1. – M .: Moscow State Pedagogical Univ., 2018. – P. 6-12.
CRIMINOLOGY
PEYZAK Anastasiya Viktorovna
Ph.D. in Law, associate professor of Criminal law and criminology sub-faculty of the Ufa Law Institute of the MIA of Russia
PROBLEMS OF CRIME PREVENTION PROGRAMS EVALUATIONS
The present article raises the question of the need to resolve the problem of assessing the effectiveness and impact of preventive action. The author considered the existing evaluation criteria developed by the legislator and the representatives of science. The author devoted special attention to crime prevention strategies, and also drew attention to the fact that Russian criminologists need reliable statistics to assess the impact of preventive measures on a particular type of crime, which the scientific community has no access to. In conclusion, an attempt is made to resolve possible problems when assessing the results of preventive measures, as well as the evaluation of the projects themselves in the preliminary stage, justifying the need to allocate technical resources and sufficient funding within the budget for the assessment itself.
Keywords: prevention, crime, society, evaluation, effectiveness.
Article bibliography
1. Burlakov V. I. Compensation for damage caused to society by criminal activity is an effective way to prevent crimes // Criminal law: development strategy in the 21st century: materials of the XVII International, scientific and practical. conf. – M., 2020. – P. 589-592.
2. Bytko S. Yu. The effectiveness of the preventive impact of criminal punishment on crime: theoretical and applied aspects: the authorf. … Doctor of Law. – Saratov, 2018. – 44 p.
3. Graham John, Bennett Trevor. Crime Prevention Strategies in Europe and North America. [Electronic resource]. – Access mode: https://crimescience.ru/wp-content/uploads/2015/11/Докда-Предподопение-престойность-в-Европе-и-СА-1.pdf (date of access: 10.04.2024).
4. Guryskaya A. L. Anglo-American model of crime prevention: critical analysis: monograph. – St. Petersburg, 2018. – 400 p.
5. Dikaeva M. S. Criminal punishment in Russia and foreign countries: criminological analysis: monograph. – M. 2017. – 216 p.
6. Meleshko N. P. Criminological problems of studying crime and organizing the fight against it in modern Russia // Criminology: yesterday, today, tomorrow. – 2010. – No. 2 (19). – P. 12-16.
7. Milyukov S. F. False democracy of the Russian criminal-legal policy // Criminology: yesterday, today, tomorrow. – 2014. – No. 1. – P. 64-74.
8. Milyukov S. F. Punitive and preventive potential of criminal punishment is far from exhausted // Criminology: yesterday, today, tomorrow. – 2017. – No. 2. – P. 26-29.
9. Petrovsky A. V. Criminological criteria for assessing the effectiveness of measures of individual prevention of criminal behavior // Journal of Legal and Economic Research. – 2020. – No. 2. – P. 72-77. – DOI 10.26163/GIEF.2020.50.39.010. – EDN ZOXDXC.
CRIMINOLOGY
RADCHENKO Elena Pavlovna
Ph.D. in economical sciences, chief researcher of the Department for the Study of Problems of Management and Reform of the Penal System of the Center for the Study of Problems of Management and Organization of the Execution of Sentences in the Penal System of the Federal State Institution “Research Institute of the Federal Penitentiary Service” 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
DIGITAL REHABILITATION OF CONVICTS AND SUCCESSFUL RETURN TO A DIGITAL SOCIETY
Digital transformation as a universal phenomenon has created a new reality in the rehabilitation of convicts. Digitalization promotes the development of social skills, self-esteem, rehabilitation and reintegration of convicts into society. However, many convicts are digitally incapacitated because they have never used digital technology or because they were denied access to it during their incarceration. The prison system is aimed at rehabilitating convicts, but often fails to prepare convicts for release in our modern, technologically advanced society. The use of digital rehabilitation can facilitate a smooth return to society and ensure an improved quality of life after serving a sentence. The study attempts to explain how the introduction of digital rehabilitation of convicts can contribute to improving their lives after imprisonment in society. Some ways of introducing information and communication technologies into the penitentiary system are also considered, as well as the problems, risks and benefits of bridging the digital divide.
Keywords: convict, work, social skills, digital rehabilitation, penal enforcement system.
Bibliographic list of articles
1. McDougall C., & Pearson D. A. S. (2020). The effect of digital technology on prisoner behavior and reoffending: a natural stepped wedge design // Journal of Experimental Criminology. – No. 4 (13). The Palgrave Handbook of International Cybercrime and Cyberdeviance. – P. 455-482. 978-3-319-78441-0, 978-3-319-78440.
2. Reisdorf, B. C., DeCook, J., Foster, M., Cobbina, J., & LaCourse, A. (2021). Digital reentry: Uses of and barriers to ICTs in the prisoner reentry process. Communication&Society. Information.
3. McKay, C. (2022). The Carceral automaton: Digital prisons and technologies of detention // In International journal for crime. Justice and Social Democracy. – No. 11 (1). – P. 20. https://doi.org/10.5204/ijcjsd.2137.
4. Reisdorf B. C., & DeCook J. R. (2018). Digital rehabilitation: A model of reentry into the digital age. // American Behavioral Scientist. – No. 62 (9). – R. 1273-1290. https://doi.org/10.1177/0002764218773817.
5. Taugerbeck, S., Ahmadi, M., Schorch, M., Unbehaun, D., AaL, K., & Wulf, V. (2019). Digital participation in prison – a public discourse analysis of the use of ICT by inmate // PACM on Human-Computer Interaction. – No. 3 (233). – R. 1-26. https://doi.org/10.1145/3361114.
CRIMINOLOGY
SAFONOV Andrey Alexandrovich
Ph.D.in Law, associate professor, associate professor of Technical and forensic provision expert research sub-faculty of the Training and Research Complex of Forensic Examination of the V. Ya. Kikot Moscow University of the MIA of Russia
BONDAREVA Irina Olegovna
Ph.D. in Law, Deputy Head of Criminal process and forensics sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia
EVOLUTION OF OPERATIONAL AND INVESTIGATIVE ACTIVITIES OF INTERNAL AFFAIRS BODIES
The article examines the evolution of the Soviet law enforcement system during and after the revolution of 1917. It considers the transition from the Provisional Government’s attempts to restore the People’s Militia to the establishment of the NKVD and the VChK under the leadership of F. E. Dzerzhinsky. The paper looks in detail at the organizational changes and development of operational and investigative activity from the early Soviet period through the 1930s, World War II and the post-war years, culminating in the 1995 Federal Law ‘On Operational and Investigative Activity’. This law formalized investigative practices and laid the foundation for modern operational and investigative activities in law enforcement agencies.
Keywords: operative-search activity, ORD, People’s Commissariat for Internal Affairs, NKVD, All-Russian Extraordinary Commission, VChK, Soviet law enforcement agencies, law enforcement agencies, people’s militia, criminal investigation, Federal Law on operative-search activity, internal affairs agencies.
References
1. Rushailo V. B. Fundamentals of operative-search activity textbook for law schools. – Saint Petersburg: Lan, 2000. – 720 p.
2. Fundamentals of the fight against organized crime [Text]: Monograph / Edited by V. S. Ovchinsky, V. S. Ovchinsky, V. E. Eminov, N. P. Yablokov. – Moscow: Infa-M, 1996. – 400 p.
3. Fundamentals of operative-search activity: A course of lectures / E. S. Dubonosov; Edited by G. K. Sinilov. – Moscow: Kn. Mir, 2002. – 184 p.
CRIMINOLOGY
YAKHONTOVA Olesya Sergeevna
Ph.D. in Law, associate professor, associate professor of Criminology sub-faculty of the St. Petersburg University of the MIA of Russia
PAVLIK Elizaveta Mikhaylovna
Ph.D. in Law, associate professor, associate professor of Criminology sub-faculty of the St. Petersburg University of the MIA of Russia
SELECTED ASPECTS OF CYBER CRIME PREVENTION AT THE CURRENT STAGE
This article will examine the Internet space as a new sphere of life and interaction in modern society. That is why the number of Internet crimes is growing significantly every year, and the detection rate of cybercrimes remains low, the reasons for which will be explored in this work. The growing vulnerability of the information infrastructure is associated with an increase in the variety of ways to negatively influence public relations using cyber capabilities and their constant improvement, including for the commission of crimes.
Keywords: prevention, cybercrime, criminology, indicators, legislation.
Article bibliography
1. Ulyanov M. V. Combating crime in the field of information and communication technologies in the context of quarantine measures // National Security / Nota bene. – 2020. – No. 2. [Electronic resource]. – Access mode: https://nbpublish.com/library_read_article.php?id=32651 (date accessed: 25.03.2024).
2. Karimov R. R. Fight against crime within the UN: normative and legal aspect // Bulletin of the Ufa Law Institute of the Ministry of Internal Affairs of Russia. – 2015. – No. 4. – P. 16-20.
3. Kleymenov M. P. Criminology. – M .: Norma: INFRA-M, 2013. – P. 223.
CRIMINOLOGY
PEYZAK Ruslan Igorevich
Ph.D. in Law, associate professor of Criminal law and criminology sub-faculty of the Ufa Law Institute of the MIA of Russia
THE VALUE OF FRAUD CRIMES IN THE UNITED STATES
In this article the author analyzes the transformation of fraud during the 20th century, which has made it one of the most popular mercenary crimes in the present time. The author, describing modern forms of fraud, provides data on damages from this type of crime for citizens and companies of the United States. On the basis of open sources, the author was able to trace the growth of the above-mentioned crimes in most areas of modern society, which, given the high level of latency of this type of crime, leads to disappointing conclusions.
Keywords: characterization, fraud, value of crime, crime, society.
Bibliography
1. Associated Press State & Local Wire (2004). “Two Terror Trial Defendants Face New Fraud Charges,” 15 December.
2. Gardham, Duncan, (2005). “Fraud Doubles as Organized Crime Moves In” The Daily Telegraph (London), March 29.
3. Jay S. Albanese. “Fraud: the characteristic crime of twenty-first century”. 2007. [Electronic resource]. – Access mode: https://www.researchgate.net/publication/248139452_Fraud_The_Characteristic_Crime_of_the_Twenty-First_Century.
4. Mary McIntosh. The Organization of Crime. 1975. P. 75. [Electronic resource]. – Access mode: https://books.google.ru/books/about/The_Organisation_of_Crime.html?id=6YAuAQAAIAAJ&redir_esc=y.
5. Occupational Fraud 2022: A Report to the nations. [Electronic resource]. – Access mode: https://legacy.acfe.com/report-to-the-nations/2022/.
6. Victims of Identity Theft, 2021. [Electronic resource]. – Access mode: https://bjs.ojp.gov/library/publications/victims-identity-theft-2021.
7. In the US, losses from online fraud reached a record $10 billion in 2022. Information Security. [Electronic resource]. – Access mode: https://www.itsec.ru/news/v-ssha-poteri-ot-internet-moshennichestva-dostigli-rekordnih-10-mlrd-v-2022g.
JUDICIAL PROCEEDINGS
KARPUSHKIN Alexey Valentinovich
Ph.D. in Law, associate professor of State legal disciplines sub-faculty of the Penza State University
PROBLEMS OF FUNCTIONING OF NATIONAL COURTS OF UNIVERSAL JURISDICTION
Human rights are a universal human value and must have judicial protection, regardless of a person’s citizenship and place of residence. Not all states can provide access to effective justice, and therefore in a number of countries there are national courts of universal jurisdiction that hear cases regardless of the nationality of the accused, the victim or the place where the crime was committed. This article attempts to reveal the problem of the activities of such courts, which often leads to aggravation of injustice, to combat which courts of universal jurisdiction were created.
Keywords: human rights, court, evidence, justice authorities, universal jurisdiction.
Article bibliography
1. Burchuladze I. V. The modern system of international criminal justice // Law and Right. – 2024. – No. 4. – P. 266-268
2. Lipkina N. N. Universal jurisdiction: international legal grounds and problems of establishment in relation to terrorist crimes // LexRossica. – 2018. – No. 6 (139). – P. 92-105
3. Lyamin N. M. Formation of the principle of universal jurisdictionand its implementation by the bodies of the international criminal court // Bulletin of RUDN. Series Legal Sciences. – 2014. – No. 2. – P. 311-319
LAW ENFORCEMENT AGENCIES
ZHUKOV Azamat Zaurbekovich
Ph.D. in technical sciences
FAKOV Azamat Mukhazhidovich
Ph.D. in economical sciences, associate professor of Internal affairs activity in special conditions sub-faculty of the North Caucasus Institute for Advanced Studies (branch) of the Krasnodar University of the MIA of Russia
TRAINING FUTURE EMPLOYEES OF INTERNAL AFFAIRS BODIES IN THE FIELD OF COMBATING CYBERCRIME: PROBLEMS AND SOLUTIONS
The article provides an overview of the problems in providing internal affairs bodies with highly qualified employees who counter cybercrimes. Formation of a personnel reserve, including specialists who have knowledge and practical skills in combating cybercrime. Currently, the internal affairs bodies have relevant departments, but the majority of employees do not have an education in the field of information security, which creates certain problems in terms of ensuring the effectiveness of activities to prevent cybercrimes. The solution to this problem is the implementation of measures to create conditions in the education system of the Ministry of Internal Affairs of Russia for training personnel in the field of information security, retraining and advanced training of police officers. It is important that the implementation of these activities is the task of educational organizations of the Ministry of Internal Affairs of Russia and internal affairs bodies, since the implementation of joint activities significantly increases the level of training of specialists for departments of internal affairs agencies in the fight against information crimes. As part of educational activities, cadets and students master the basics of information security and the features of countering cybercrimes; in the future, when exercising official powers, it is necessary to continuously improve their skills in the field of information security
Keywords: cybercrime, qualifications, personnel, employees, divisions, information security, information technology.
Article bibliography
1. Criminal Code of the Russian Federation of 13.06.1996 N 63-FZ (as amended on 12.06.2024) (as amended and supplemented, entered into force on 06.07.2024).
2. Arkhiptsev I. N., Sarychev A. V., Krasnikov R. V. Improving the training of law enforcement officers to combat crimes committed using information technology // Legal paradigm. – 2020. – V. 19. No. 2. – P. 154-163.
3. Divold V. E., Gaidamakin A. A., Batyushkin M. V. Professional information systems: problems and experience of practice-oriented training // Bulletin of Economic Security. – 2020. – No. 1. – P. 329-332.
4. Kislitsin I. A., Batyushkin M. V. Problems of training future employees of internal affairs bodies to counteract cybercrimes, possible ways to solve them // Modern problems of science and education. – 2021. – No. 6. – P. 1-5.
5. Tsaregorodtsev A. V., Tsatskina E. P. The influence of the information society on the training of students in the field of information security // Bulletin of the Moscow State Linguistic University. Education and Pedagogical Sciences. – 2019. – No. 4 (833). – pp. 191-199.
LAW ENFORCEMENT AGENCIES
SEISEBAEV Viktor Kenesovich
associate professor of Physical training and sports sub-faculty of the Institute of the Academy of the FPS of Russia
ZIMINA Kseniya Yurjevna
lecturer of Physical training sub-faculty of the Faculty of Law of the Vladimir Law Institute of the FPS of Russia
DEMKIN Mikhail Sergeevich
lecturer of Physical education, physical therapy and sports medicine sub-faculty of the I. P. Pavlov Ryazan Pavlov State Medical University
ON THE INTRODUCTION OF A COMPREHENSIVE ENDURANCE EXERCISE INTO THE SYSTEM OF CONTROL EXERCISES FOR PHYSICAL TRAINING OF CADETS OF EDUCATIONAL ORGANIZATIONS OF THE FPS OF RUSSIa
The article considers the possibility of implementing a comprehensive endurance exercise in educational organizations of the Federal Penitentiary Service of Russia. The features of its implementation and effectiveness in the framework of training sessions are revealed. The purpose of this article is to define the assessment of “burpee” as an independent control standard, in connection with which testing was conducted among students. The results allowed the authors to build an assessment system on a 5-point and 100-point scale, which can be used to determine the level of endurance as an independent control standard, and as an alternative due to the lack of the possibility of adopting traditional standards.
Keywords: physical training, students, control standard, endurance, assessment, penal enforcement system.
Article bibliography
1. Polevoy G. G., Sablin A. B., Chernyshev S. V. “The influence of burpees on the endurance and speed of schoolchildren” // TiPFK. – 2023. – No. 1. – P. 79.
LAW ENFORCEMENT AGENCIES
TEKUEVA Yuliya Alimovna
lecturer of Organization of law enforcement activities sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Kras nodar University of the MIA of Russia
REMOVING LEGAL RESTRICTIONS ON DIGITALIZATION AS A THREAT TO THE INFORMATION SECURITY OF MINORS
The article provides an overview of threats to the information security of minors caused by the removal of legal restrictions on digitalization. Digitalization of all spheres of society has both positive and negative consequences, among which the violation of the information security of minors should be especially noted. Minors are exposed to the negative impact, which consists in the general availability and active distribution of information products that are prohibited for minors. This is mainly due to the active distribution of the global network, the users of which are minors. It is difficult to control the content of which minors are active users of the global network and messengers popular in Russia. Expanded access to the global network, the removal of a number of restrictions are perceived by many experts as a threat to the information security of minors. The main threat to minors is the destruction of the system of moral and spiritual values that has been formed in Russian society over the years. Also, the general availability of the global network, social networks, messengers expands the possibilities of accessing information of a terrorist and extremist nature. These circumstances contribute to the development of destructive processes in Russian society, which generally affect the level of information security of the state.
Keywords: digitalization, information security, minors, terrorism, global network, extremism, information products, information technologies, messengers.
Article bibliography
1. Decree of the President of the Russian Federation of 05.12.2016 No. 646 “On approval of the Doctrine of information security of the Russian Federation”.
2. Federal Law “On the protection of children from information harmful to their health and development” dated 29.12.2010 No. 436-FZ (latest revision).
3. Mironova S. M., Simonova S. S. Protection of the rights and freedoms of minors in the digital space // All-Russian criminological journal. – 2020 – Vol. 14. No. 2. – P. 234–241.
4. Polyanina A.K. Information security of childhood in the context of the new media reality // Information society. – 2019. – No. 1–2. – P. 108–115.
5. Pazukhina S.V., Filippova S.A. Preventive technologies for protecting children from harmful information: a teaching aid for universities / 2nd ed. revised and enlarged. – M., Publisher: Yurait, 2020. – 194 p.
6. Chunosov M.A., Taranin M.A. Sources of the spread of extremist ideology among minors // Problems of modern pedagogical education. – 2022 – No. 75–1. – pp. 305–308.
SAFETY AND LAW
GRISHAY Elena Vasiljevna
Ph.D. in philosophical sciences, professor, professor of Special disciplines sub-faculty of the Krasnodar University of the MIA of Russia
LYUEV Tembot Khabasovich
senior lecturer of Internal affairs in special conditions sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia, lieutenant colonel of police
BULAVKIN Alexander Alexandrovich
.D. in sociological sciences, Deputy Head of Administrative activities of internal affairs sub-faculty of the V. Ya. Kikot Moscow University of the MIA of Russia
NATIONAL SECURITY IN THE CRITERIA OF RISKS OF REFORMING THE INSTITUTE OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
This article examines current provisions and theses on the problem of criteria for assessing the effectiveness of management activities when reforming the institution of the Ministry of Internal Affairs of Russia. The reform transformation of the institution of the Ministry of Internal Affairs in modern Russia is considered in a system of multidirectional contradictory assessments and meanings. The author’s version of certain provisions of the methodology of sociological research of management processes and structures for internal affairs bodies in modern conditions is proposed. The authors of the article come to the conclusion that in conditions of national security risks, the processes under study are aimed at identifying a compromise between the needs of civil society, the value systems of public consciousness and current legal regulations.
Keywords: sociology of management, police, national security, reform of the Ministry of Internal Affairs, professional risks, risky society.
Article bibliographic list
1. Federal Law of 02/07/2011 No. 3-FZ (as amended on July 13, 2015) “On the Police” // SZ RF. – 2011. – No. 7. – Art. 900. – Article 1. – Clause 1.
2. Federal Law of 07.02.2011 No. 3-FZ (as amended on 13.07.2015) “On Police” // SZ RF. – 2011. – No. 7. – Art. 900. – Article 1. – Clause 2.
3. Constitution of the Russian Federation (adopted by popular vote on 12.12.1993 with amendments approved during the all-Russian vote on 01.07.2020). Section 1. Chapter 1. Article 2.
4. Federal Law of 07.02.2011 No. 3-FZ (as amended on 13.07.2015) “On Police” // SZ RF. – 2011. – No. 7. – Art. 900. – Article 3. – Clause 1.
SAFETY AND LAW
SOBOLEV Andrey Georgievich
Head of Fire training sub-faculty of the Ural Law Institute of the MIA of Russia, Yekaterinburg
MALOFEY Olegovich
Ph.D. in technical sciences, associate professor, associate professor of Tactical and special training sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia
FAKHRIEV Damir Maratovich
senior lecturer of Fire and tactical special training sub-faculty of the Ufa Law Institute of the MIA of Russia
ON THE ISSUE OF THE POSSIBILITY OF LEGALIZING WEAPONS IN THE RUSSIAN FEDERATION
The article analyzes the possibility of legalizing some types of weapons on the territory of the Russian Federation. To build an objective assessment, the positive and negative aspects of this event are given, as well as some historical aspects and modern geopolitical trends, considering which the authors of the article come to the conclusion that the legalization of weapons on the territory of our country is unacceptable, and that it is necessary to tighten legislation and state-organizational measures implemented in this area.
Keywords: weapons; legalization; special military operation; legal regulation; self-defense; crime prevention.
Article bibliography
1. Zyryanov S. M. Administrative and legal models of civilian weapons circulation in the Russian Federation and in foreign countries. // Journal of Foreign Legislation and Comparative Law. – 2017. – No. 1. – P. 64-67.
2. Pashkin A. G. Illegal arms trafficking and its impact on the crime situation in the Middle Volga region in 1945-1953 // Teacher XXI century. – 2022. – No. 1. Part 2. – P. 254-268.
3. Verdict of the Gagarinsky District Court of the Smolensk Region dated July 15, 2021 in case No. 1-105/2021. [Electronic resource]. – Access mode: https://bsr.sudrf.ru/
4. Verdict of the Starorussky District Court of the Novgorod Region dated November 28, 2023 in case No. 1-258/2022. [Electronic resource]. – Access mode: https://bsr.sudrf.ru/
5. In Tula, a member of the SVO who detonated a grenade in an apartment was convicted // Tula News Service. [Electronic resource]. – Access mode: https://www.tsn24.ru (date of access: 06/16/2024).
6. In Bryansk, a girl brought her father’s hunting rifle to school and staged a school shooting // News portal. [Electronic resource]. – Access mode: https://www.ridus.ru/ (date of access: 06/16/2024).
PEDAGOGY AND LAW
BERNIKOV Eduard Robertovich
lecturer of Physical training sub-faculty of the Nizhny Novgorod Academy of the MIA of Russia
KAZNACHEEV Valeriy Alexandrovich
Ph. D. in pedagogical sciences, associate professor of Physical, fire and tactical-special training sub-faculty of the Samara Law Institute of the FPS of Russia
KRAPIVIN Oleg Vladimirovich
Ph.D. in pedagogical sciences, associate professor, associate professor of Physical training sub-faculty of the Academy of Law and Management of the FPS of Russia
MURAVJEV Alexey Valentinovich
Ph.D. in pedagogical sciences, Deputy Head of Physical training sub-faculty of the Faculty of Law of the Vladimir Law Institute of the FPS of Russia
USE OF MODERN INNOVATIVE TECHNOLOGIES IN PHYSICAL TRAINING CLASSES IN DEPARTMENTAL UNIVERSITIES
The article reveals the need to introduce innovative technologies into the educational process, in particular in physical training classes. For cadets studying at departmental universities, the requirements for physical training have their own characteristics; the use of innovative technologies can significantly improve the learning process, making it more interactive and effective. The study coversimportant aspects, such as the characteristics of physical training, modern educational technologies, their application and effectiveness in the context of physical education, as well as prospects for further development, which makes it a valuable contribution to the science and practice of the educational process.
Keywords: cadet, teacher, employee, physical training, innovative technologies, physical fitness.
Article bibliography
1. Bakin A. V., Gerasimov I. V. Main directions for optimizing the teaching of physical training in educational organizations of the Ministry of Internal Affairs of Russia // Improving the professional and physical training of cadets, students of educational organizations and employees of law enforcement agencies. – 2016. – P. 18-23.
2. Barkalov S. N. On the issue of using active, interactive forms, methods and technologies of training in physical training in universities of the Ministry of Internal Affairs of Russia // Science and innovation – modern concepts: a collection of scientific articles based on the results of the international scientific forum. – M.: Infinity, 2019. – P. 45-48.
3. Barkalov S. N., Gerasimov I. V. Physical fitness of cadets of educational organizations of the Ministry of Internal Affairs of Russia: state, problems and ways of improvement // Society and Law. – 2014. – No. 4 (50). – P. 299-304.
4. Sangadzhieva Z. I. On the content of the concept of “innovative activity” in the educational process // Historical and socio-educational thought. – 2013. – No. 1 (17). – P. 123-127.
5. Effective models for implementing innovative activities in the education system // Results of the activities of federal innovation sites in 2018: collection of materials for interregional seminars, held as part of supporting the development of innovative infrastructure in the education system. – Moscow, 2018. – 520 p.
EDAGOGY AND LAW
VERKHOZINA Olga Alexandrovna
Ph.D. in psychological sciences, associate professor of Social and humanitarian disciplines sub-faculty of the Russian Biotechnological University
POTASHOVA Irina Innokentjevna
Ph.D. in pedagogical sciences, methodologist of the State Educational Institution “School No. 2124 “Center for Development and Correction”
SCIENTIFIC AND METHODOLOGICAL ASPECTS OF THE STUDY OF EDUCATIONAL AND PROFESSIONAL MOTIVATION OF STUDENTS WITH DISABILITIES AND DISABILITIES IN EDUCATIONAL INSTITUTIONS OF HIGHER EDUCATION
The article discusses the issues of formation of educational and professional motivation of students in the framework of the implementation of practices of inclusive higher education. The normative and legal bases regulating the realization of the rights of young people with disabilities to education and reflecting the role of special conditions in their education are presented. Scientific and methodological approaches to the formation of motivation of students with disabilities are described. The authors express their point of view on the need to include in the system of psychological and pedagogical support of universities a motivational area of work that promotes personal development, improves the quality of life of students with disabilities and takes into account their individual characteristics.
Keywords: inclusive higher education, students with disabilities, educational and professional motivation.
Article bibliography
1. Inclusive education: [official website]. [Electronic resource]. – Access mode: https://инклузівноеобразение.рф/
2. Lobanova E. E., Nazarova O. L., Savva L. I. Inclusive education in technical universities of Russia: problems and possible solutions // World of science. Pedagogy and psychology. – 2022. – V. 10. No. 2. [Electronic resource]. – Access mode: https://mir-nauki.com/PDF/31PDMN222.pdf.
3. Personal potential. Structure and diagnostics: Collective monograph / Ed. D. A. Leontiev. – M.: Publishing house Smysl, 2011.
EDAGOGY AND LAW
ZVYAGINA Alena Vladislavovna
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
KUTINOVA Alina Olegovna
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 FederalPenitentiary Service” of Russia
ANALYSIS OF THE TRAINING OF SCIENTIFIC AND PEDAGOGICAL PERSONNEL IN POSTGRADUATE EDUCATIONAL INSTITUTIONS OF THE FEDERAL PENITENTIARY SERVICE OF THE RUSSIAN FEDERATION OF HIGHER EDUCATION OF THE FEDERAL PENITENTIARY SERVICE OF RUSSIA: PROBLEMATIC ISSUES AND PROSPECTS
The article examines the issues of training scientific and pedagogical personnel in postgraduate educational institutions of higher education of the Federal Penitentiary Service of Russia in the period from 2015 to 2022.The distribution of graduates after graduation from educational institutions of higher education of the Federal Penitentiary Service of Russia has been analyzed, taking into account the current memta of service. Problematic issues that arise in the process of preparing and defending dissertations have been identified. Factors contributing to the successful and timely defense of dissertations have been formed.
Keywords: postgraduate studies, dissertation, highly qualified scientific and pedagogical personnel, penal system of the Russian Federation.
Article bibliography
1. Antonovsky A. V. Possibilities of improving the training of scientific and pedagogical personnel in the postgraduate study of educational institutions of higher education of the Federal Penitentiary Service of Russia / The penal system today: the interaction of science and practice: materials of the XXI All-Russian scientific- practical conference. – Novokuznetsk, 2021. – P. 194-198
2. Antonovsky A. V., Gerashchenko O. M. Issues of training scientific and pedagogical personnel in the postgraduate study of educational organizations of higher education of the Federal Penitentiary Service of Russia: current problems and prospects / Petersburg penitentiary conferences: conference materials. In 4 volumes. – St. Petersburg, 2021. – P. 46-58.
3. Kuznetsov M. I., Luzgin S. A. On the issue of improving the practical preparedness for teaching of adjuncts of the Academy of the Federal Penitentiary Service of Russia.
4. Lastochkin A. N., Bobrov V. N. On the development of programs for training scientific and pedagogical personnel in postgraduate studies: a collection of scientific papers by employees of the Vologda Institute of Law and Economics of the Federal Penitentiary Service of Russia. Under the general editorship of V. N. Nekrasov. – Vologda, 2017. – P. 126-130.
5. Tolchenkon D. A. Motivational attitudes of employees of the penal system, predetermining admission to the postgraduate course of the Academy of the Federal Penitentiary Service of Russia / V International Penitentiary Forum “Crime, Punishment, Correction”: collection of abstracts of speeches and reports of participants of the forum dedicated to the Year of Science and Technology in the Russian Federation in 2021: in 9 volumes. – Ryazan, 2021. – P. 293-297.
6. Ekkelman N. A. The role of adjunct in the system of innovative development of professional education of the Federal Penitentiary Service of Russia // Electronic scientific and practical journal Culture and Education. – 2015. – No. 3 (19). – P. 21.
EDAGOGY AND LAW
ZORINA Natalya Sergeevna
senior researcher of the Department for Improving Legal Regulation of the Penitentiary System of the Center for the Study of Problems of Management and Organization of the Execution of Sentences in the Penitentiary System of the Federal State Institution “Research Institute of the Federal Penitentiary Service” of Russia
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
EDUCATION AS A MEANS OF SOCIAL ADAPTATION OF JUVENILE CONVICTS
The article considers the key aspects of global changes in the penal system of the Russian Federation initiated by the order of the Government of the Russian Federation of 04/29/2021 No. 1138-r. The main emphasis is placed on the direction of humanization of the penal and correctional system of the Russian Federation and bringing it in line with international standards of execution of punishments. This article emphasizes the importance of effective work on rehabilitation and re-socialization of convicts, especially those who committed crimes at a young age. The article also analyzes the process of adaptation of convicts in correctional institutions and considers the peculiarities of their future interaction with society. Special attention is paid to the implementation of strategic goals, including the training of working personnel, training of inmates in labor adaptation centers and vocational schools. The relevance of the study is determined by the expediency of creating and implementing an effective model of social partnership between educational institutetions and civilian employers for vocational training of convicts and juvenile offenders. This direction includes the development of a modern curriculum, organization of practice and introduction of new methods to ensure the successful integration of vocational training into the educational process and serves as an important success factor in the formation of law-abiding behavior in convicts and their socialization after release.
Keywords: education, socialization, juvenile convicts, rehabilitation, labor adaptation, vocational training, correctional institutions, social partnership, penal correction system.
Article bibliography
1. Gurevskykh P. V. Incentive measures as a tool for juvenile offenders // Legal Journal. – No. 2. – 2014. – P. 203-206.
2. Markeeva M. V., Korableva I. G., Korableva K. A. Social rehabilitation and adaptation of juvenile convicts in a correctional colony // Young scientist. – 2015. – No. 23 (103). – P. 885-888. [Electronic resource]. – Access mode: https://moluch.ru/archive/103/23285/ (date of access: 08/23/2024).
3. Nesterov A. Yu. Social adaptation of juvenile convicts in the UIS of Russia: correctional and post-penitentiary practices (penitentiary aspect): [Monograph]. – 2nd edition revised and supplemented – M.: Ekon-Inform Publishing House, 2021. – 519 p.
4. Sibil Yu. P. Fundamentals of organizing the educational process in correctional colonies // Bulletin of the criminal-executive system. – 2014. – No. 9. – P. 33-38.
5. Stepanov M. V. Educational work is the leading means of correcting convicts // Legal journal. – 2014. – No. 1. – P. 111-115.
6. Tyugaeva N. A. Sanitary and hygienic education of convicts in correctional institutions // Man and crime. – 2015. – No. 4. – P. 143-146. ISSN: 1999-9917.
EDAGOGY AND LAW
KRASNIKOV Vadim Nikolaevich
senior lecturer of Operational and investigative activities and special equipment sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia
KRASNIKOVA Marina Vadimovna
student of the A. S. Pushkin Leningrad State University (Boksitogorsk branch)
PEDAGOGICAL ASPECTS OF PREVENTION OF DEVIANT BEHAVIOR
The article touches upon the problem of deviant behavior in the modern teenage environment. Attention is paid to the definition of the concept of deviant behavior, its forms and signs are highlighted. Positive and negative forms of deviant behavior are considered separately. Factors contributing to the emergence of negative deviations are indicated. In conclusion, pedagogical methods for preventing deviant behavior are proposed: creating a favorable environment for students, forming positive values in children and adolescents, conducting trainings and seminars for parents, interacting with social services.
Keywords: deviant behavior, pedagogical methods, prevention, deviations, teaching work.
Article bibliography
1. Epifantseva G. A. The fate of the Decembrist writer V. K. Kuchelbecker // Bulletin of the Velikiye Luki State Agricultural Academy. – 2019. – No. 1. – P. 33-37. – EDN ZEQEEX.
2. Ankvab M. F., Kadieva Z. Kh., Chedzhemov S. R. Educational policy and principles of education of Abkhaz folk pedagogy // Bulletin of the North Ossetian State University named after K. L. Khetagurov. – 2014. – No. 4. – P. 184-188. – EDN TUTWZJ.
PEDAGOGY AND LAW
LATYPOVA Elvira Rashitovna
Ph.D. in pedagogical sciences, associate professor of the Institute of Chemical Technology and Engineering of the Ufa State Petroleum Technical University in Sterlitamak
GALEEVA Elina Ulfatovna
magister student of the 1st course of the Institute of Chemical Technology and Engineering of the Ufa State Petroleum Technical University in Sterlitamak
KONKOVA Anastasiya Olegovna
magister student of the 1st course of the Institute of Chemical Technology and Engineering of the Ufa State Petroleum Technical University in Sterlitamak
FUNCTIONS OF LANGUAGE IN THE PROCESS OF INTERCULTURAL COMMUNICATION
In the modern globalized reality, intercultural communication plays an extremely important role, since representatives of different cultural traditions and linguistic groups are forced to interact and cooperate with each other. Awareness of the importance of language factors in this process is a key condition for effective communication and fruitful cooperation.
Human activity is strongly influenced by communication processes. Communication is one of the most significant, pervasive and complex aspects of human existence. That is why the problems of communication have been attracting the close attention of many scientific disciplines for centuries, being the object and subject of research of a theoretical and applied nature.
This article is dedicated to the role of language in the development and culture of society. The interrelation of language with society and peoples is analyzed. The values and features of the functioning of language as an integral system are studied in detail. Much attention is paid to speech aids and speech etiquette. The article emphasizes the relevance of the topic in connection with the practical study of this issue by students, applicants, their teachers and a wide range of readers interested in speech culture and the meaning of language in the modern world.
Keywords: language, intercultural communication, culture, modern society, verbal communication, human speech, thoughts, feelings, science.
Article bibliography
1. Latypova E. R ., Alekseev K. E., Ermoolenko A. D., Klyavkin A. M. Intercultural communication between representatives of different cultural groups in the spheres of the Internet // Journal “Science and School”. – 2020.
2. Latypova E. R ., Kichigin I. A., Shugaepov I. R., Bachurin P. V., Galiev T. Kh. Intercultural communication is an integral part of culture // International research journal. – 2022.
3. Latypova E. R., Kuznetsova A. V. Communication as communication. – Text: direct // Young scientist. – 2022. – No. 51 (446). – P. 197-199.
4. Latypova E. R. Formation of intercultural communicative skills of bachelors in the process of teaching a foreign language in a modern university // Bulletin of the Maikop State Technological University. – 2015. – P. 74-76.
5. Makovsky M. M. The amazing world of words and meanings: Illusions and paradoxes in vocabulary and semantics // Study guide. – M.: Higher. school, 1989. – P. 5-6.
6. Nikolaev V. L., Antonova N. A. Culture and intercultural communication // E-Scio. – 2021.
7. Prokhorov A. M., Gusev A. A., Knuyants I. L., Kuznetsov M. I., Panov V. G., Fedoseev P. N., Khrapchenko M. B. Soviet encyclopedic dictionary. – M.: “Soviet Encyclopedia”, 1986.
8. Rumyantsev V. Teaching methods. Culturology. The problem of defining culture // Chronos: world history on the Internet. – 2008.
9. Stanishevskaya Zh. Verbal communication as an object of research in the process of psychotherapy // Journal “Studia Humanitatis”. – 2016.
10. Shelestyuk E. V. Methods, types, techniques and tools of speech influence. Materials for the international scientific conference. – Pyatigorsk: Pyatigorsk State University, 2006. – P. 153-154.
PEDAGOGY AND LAW
PANOVA Olga Sergeevna
Ph.D. in pedagogical sciences, professor of Physical training sub-faculty of the Volgograd Academy of the MIA of Russia
EMELYANOV Georgiy Ivanovich
senior lecturer of Theoretical foundations of physical education sub-faculty of the Academy of Physical Culture of the Southern Federal University, Rostov-on-Don
ORLOV Vladimir Vladimirovich
Ph.D. in pedagogical sciences, associate professor of Physical training sub-faculty of the Omsk Academy of the MIA of Russia
IMPROVEMENT OF FORMS AND METHODS OF PHYSICAL TRAINING IN EDUCATIONAL ORGANIZATIONS OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
The article is devoted to the problem of improving the forms and methods of physical training of cadets and students of educational organizations of the Ministry of Internal Affairs of Russia. The author notes that physical training is an important area of professional training for future employees of the internal affairs bodies, which directly affects the effectiveness of their official activities. The article analyzes the current state of physical training in educational institutions of the Ministry of Internal Affairs of Russia, identifies key problems that reduce its effectiveness. These include the inconsistency of the content and structure of physical training with modern requirements, insufficient differentiation according to individual typological and job characteristics of students, low motivation for physical training, insufficient material and technical support. To solve these problems, the article proposes to implement a set of interrelated measures, including improving the content and structure of physical training, introducing innovative forms and methods, improving the system for assessing students’ physical fitness, increasing the motivation of cadets and trainees to classes, improving logistics. The implementation of these directions, according to the author, will contribute to improving the effectiveness of physical training in educational organizations of the Ministry of Internal Affairs of Russia and will allow students to form strong professionally significant physical qualities andskills necessary for successful professional activity.
Keywords: physical training, police officers, educational organizations of the Ministry of Internal Affairs of Russia, forms and methods, improvement, professional training.
Article bibliographic list
1. Agafonov A. I., Prokhorova O. N. Actual problems of physical training of cadets of educational organizations of the Ministry of Internal Affairs of Russia // Scientific notes of the University named after P. F. Lesgaft. – 2021. – No. 5 (195). – P. 11-15.
2. Varakin V. V., Mokhov A. N. Organization of physical training of cadets in modern conditions // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2021. – No. 3. – P. 128-132.
3. Goncharov A. A., Salnikov V. A. Improving the methodology of physical training of cadets of educational organizations of the Ministry of Internal Affairs of Russia // Psychological and pedagogical research. – 2022. – Vol. 14. No. 1. – P. 103-114.
4. Eregina S. V., Orlov A. V. Innovative approaches to the physical training of cadets of educational organizations of the Ministry of Internal Affairs of Russia // Theory and practice of physical education. – 2021. – No. 7. – P. 76-78.
5. Petrov R. E., Kudryavtsev M. D., Galimov G. Ya. Organization of physical training of cadets in 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. – 2022. – No. 1. – P. 85-89.
EDAGOGY AND LAW
ZORINA Natalya Sergeevna
senior researcher of the Department for Improving Legal Regulation of the Penitentiary System of the Center for the Study of Problems of Management and Organization of the Execution of S entences in the Penitentiary System of the Federal State Institution “Research Institute of the Federal Penitentiary Service” of Russia
FORMATION OF MORAL STANDARDS AMONG JUVENILE CONVICTS
The article is devoted to the consideration of aspects of educational work with minors serving sentences, which serves to form moral qualities based on human universal values in this category of convicts. The education of moral qualities is a necessary basis for the development of adolescents’ sense of self-responsibility for their actions and behavior in society. The paper considers the role of educational, sports, spiritual, cultural and aesthetic activities that serve the development of moral norms of the category of convicts in question and their adaptation to ordinary life after serving their sentence.
Keywords: juvenile convict, moral norms, educational environment, destructive behavior, spiritual and moral education, personality of the educator.
Article bibliography
1. “Criminal-Executive Code of the Russian Federation” dated 08.01.1997 No. 1-FZ (as amended on 24.06.2023) (as amended and supplemented, entered into force on 11.12.2023).
2. Federal Law dated 29.12.2012 No. 273-FZ (as amended on 22.06.2024) “On Education in the Russian Federation” (as amended and supplemented, entered into force on 23.06.2024).
3. Boeva O. Yu. Compulsory educational measures: a tutorial / Izhevsk Institute (branch) of VSUJ (RPA of the Ministry of Justice of Russia). – Izhevsk: 2023.
4. Karetnikov K. V. Socio-demographic characteristics of convicts serving sentences in correctional colonies (on the example of the central and Siberian federal districts) // Bulletin of the Kuzbass Institute. – 2022. – No. 3 (52). – P. 44-58.
5. Kunts E. V. The importance of the educational environment of correctional colonies in the formation of the personality of juvenile convicts // Problems of Law. – 2023. – No. 2 (90). – P. 52-58.
6. Maistrenko G. A. Moral education as one of the areas of educational influence of non-juvenile convicts // Law and Practice. – 2017. – P. 68-72.
7. Ushkov F. I. Educators and psychologists of colonies as “significant others” for juvenile offenders during their sentence // Bulletin of Moscow University. Series 14. Psychology. – 2020. – No. 3. – P. 88-119.
8. In the Russian Federation, the number of adolescents serving sentences in colonies has decreased by 4.5 times over 9 years, 2022. – [Electronic resource]. – Access mode: https://tass.ru/obschestvo/15951687 (date of access: 19.07.2024).
9. Tsarkova E. G., Zorina N. S. Moral and patriotic education of juvenile convicts serving sentences in correctional colonies // Eurasian Law Journal. – 2024. – No. 5 (192). – P. 497-498.
PEDAGOGY AND LAW
RYASOV Alexander Vladimirovich
Ph.D. in Law, associate professor, professor of Operational investigative activities and special equipment sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia
ON THE WAYS TO IMPLEMENT THE PRACTICAL ORIENTATION OF LEARNING
The article discusses some aspects of the implementation of the practical orientation of education in specialized educational institutions of the Ministry of Internal Affairs of Russia. The emphasis is on the target component of practical training, which allows graduates to form the necessary professional skills and knowledge. Special attention is paid to the forms of implementation of the practical orientation of training. The forms and features of the practical employee’s participation in conducting training sessions are determined.
Keywords: practical orientation of training, educational institutions of the Ministry of Internal Affairs of Russia, the procedure for conducting training sessions, practical training.
Article bibliographic list
1. Vasiliev V.V., Suprunov A.G., Stolpovsky D.M. Problematic issues of the methodology for conducting a practical lesson with the involvement of employees of practical internal affairs bodies (on the example of the academic discipline “Administrative activities of internal affairs bodies”) // Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2013. – No. 23. – P. 147.
2. Gonnov R. V., Ryasov A. V., Gotskaya N. R. Problems of formation of the teaching staff of departmental educational institutions of the Ministry of Internal Affairs of Russia // Education. Science. Scientific personnel. – 2021. – No. 4. – P. 252.
PSYCHOLOGY AND LAW
KAMNEVA Olga Anatoljevna
Ph.D. of biological sciences, associate professor of Psychology sub-faculty of the V. N. Tatishchev As-trakhan State University
TAYSAEVA Svetlana Borisovna
Ph.D. in psychological sciences, associate professor of Political analysis and social-psychological processes sub-faculty of the G. V. Plekhanov Russian University of Economics
THE RELATIONSHIP OF EMOTIONAL BURNOUT AND COPING BEHAVIOR OF PROSE-CUTOR’S OFFICE EMPLOYEES
The article examines the causes and issues of the influence of coping behavior on the emotional burn-out of employees of the transport prosecutor’s office. It is noted that emotional burnout or its absence depends on the coping strategies of prosecutors. The authors conclude that specialists who use constructive coping strategies “self-control”, “taking responsibility”, “planning to solve a problem” are less susceptible to emotional burnout. It is stated that the prevention of emotional burnout among prosecutors is training each specialist in methods of self-regulation of emotional states.
Keywords: emotional burnout, coping strategies, adaptive coping.
Article bibliography
1. Altayeva E. A. Features of the emotional “burnout” syndrome among prosecutors, its dependence on sanitary and hygienic and other factors // In the collection: Young researcher: challenges and prospects. Collection of articles based on the materials of the CXVI international scientific and practical conference. -2019. – P. 160-168
2. Baranova Yu. A. Burnout prevention as a factor in ensuring the viability of prosecutors in conditions of uncertainty // Bulletin of the IPA VPA (collection of scientific papers). -2023. – No. 2 (4). – P. 178-180
3. Borisova M. V., Anisimova N. P. The main directions of prevention and correction of professional burnout // Yaroslavl pedagogical bulletin. – 2017. – No. 2. – P. 212-215.
4. Batrakova A. G. Professional deformation and burnout: definition of concepts, their relationship, review of the problem in relation to the activities of prosecutors // Young scientist. – 2023. – No. 14 (461). – P. 166-169.
5. Boyko V. V. Emotional burnout syndrome in professional communication. – St. Petersburg: Piter, 2012. – 105 p.
6. Vodopyanova N. V., Starchenkova E. S. Mental “burnout” and quality of life / Ed. L. A. Korostyleva. – SPb.: Piter, 2017. – 424 p.
7. Wasserman L. I. et al. Methodology for psychological diagnostics of ways of coping with stress and problematic situations for the individual. – SPb.: NIPNI im. V. M. Bekhterev, 2019. – 40 p.
8. Glushkova O. V. Psychological features of the prosecutor’s activities to ensure participation in the consideration of criminal cases by the courts: author’s abstract. dis. … for the candidate of psychological sciences: specialty 19.00.06 “Legal Psychology”. – St. Petersburg University of the Ministry of Internal Affairs of Russia. – Saint Petersburg, 2007. – 26 p.
9. Osipova A. A., Miroshnichenko A. V., Kovtun V. E. Features of the syndrome of emotional burnout in representatives of various legal professions // Modern science: current problems of theory and practice. Series: cognition. – 2023. – No. 12. – P. 78-85.
PSYCHOLOGY AND LAW
POPOVA Irina Nikolaevna
lecturer of Philosophy and social-humanitarian disciplines sub-faculty of the East-Siberian Institute of the MIA of Russia, Irkutsk, major of police
DIALECTICS OF MENTAL AND HISTORICAL PROCESSES IN SOCIETY
The article examines the principle of historicism, which presupposes a theoreticalal (logical) understanding of history and historical knowledge as such. An analysis of the historical process of development of the Russian state was carried out according to this principle in order to obtain an objective vision of the genesis of Russian history. A gradual division of scientific research within the framework of historicism has been established. The concept of Russia as the “Third Rome” in the conditions of the Turkic-Mongolian ecumene is under investigation. The correspondence of the historical development of the country according to previously accepted theories of historicism in individual eras is examined. It is seen as appropriate to identify the pedagogical (psychological) influence of historians on the development of society and the state in a certain period of history. The absence of the concept of “time” in history, cyclicity and eternity as the spirit of history are established. Conscious and unconscious processes in society are investigated. The need for knowledge and analysis of the entire history of Russia in order to suppress the «anti-historical» development of the country.
Keywords: historicism, patriotism, “patron-client” principle, political identity.
Article bibliography
1. Rubinstein S. L. Fundamentals of General Psychology. – St. Petersburg, 2002. – P. 89.
2. Freud Z. . Interpretation of dreams. – Minsk, 1997. – P. 270.
3. Jung K. G. Soul and myth: six archetypes. – M., 1996. -P. 343.
4. Eliade M. Aspects of myth. – M., 2023. – P. 135.
HUMAN RIGHTS
MAKOEVA Ruzana Khabasovna
assistant of Theory and history of state and law sub-faculty of the Institute of Law, Economics, and Finance of the Kh. M. Berbekov Kabardino-Balkarian State University, Nalchik
HUMAN RIGHTS AND CLIMATE CHANGE: THE INTERNATIONAL LEGAL FRAMEWORK (UNFCCC, KYOTO PROTOCOL AND PARIS AGREEMENT)
This article examines the human rights implications of climate change, emphasizing the dual effects of a human rights-based approach on the evolution of International Climate Change Law. It analyzes how the provisions of key international agreements, including the UNFCCC, the Kyoto Protocol, and the Paris Agreement, influence the realization of human rights at both international and national levels. The findings highlight the complex interplay between climate action and human rights protection in the context of global climate governance.
Keywords: Human rights, international climate change law, Human rights-based approach, UNFCCC, Kyoto Protocol, Paris Agreement.
Bibliographic list of articles
1. Benoit Mayer Human Rights in the Paris Agreement. – [Electronic resource]. – Access mode: https://www.benoitmayer.com/files/Human%20rights%20in%20the%20Paris%20Agreement.pdf (accessed: 02/14/2024).
2. Daniel Bogdansky Jutta Brunee Lavanya Rajamani International Climate Change Law. – Oxford University Press, 2017. – P. 8.
3. Gert Goeminne Erik Paredi. The concept of ecological debt: some steps towards an enriched sustainability paradigm. – DOI: 10.1007/s10668-009-9219-y.
4. Stephen M. Gardiner/ Climate Ethics: Essential Readings (Oxford University Press, 2010). – [Electronic resource]. – Access mode: http://www.oupcanada.com/catalog/9780195399622.html (date of access: 02/11/2024).
HUMAN RIGHTS
FASTOVICH Galina Gennadjevna
senior lecturer of Theory and law sub-faculty of the Institute of Law of the Krasnoyarsk State Agrarian University
MEASURES FOR TARGETED AND INDIVIDUAL PREVENTION OF ANTI-TERRORIST CONSCIOUSNESS OF STUDENTS IN THE HIGHER EDUCATION SYSTEM
In order to develop among students an active civic position aimed at rejecting the ideology of terrorism, activities (measures of targeted and individual work) are carried out at universities of higher education, 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 dated December 30, 2023 No. Pr-2610. The article discusses preventive, educational, cultural, educational and sports activities with the involvement of federal and regional political figures, representatives of law enforcement agencies, authoritative representatives of public and religious organizations, science, representatives of executive authorities, culture and sports, which bring to students of higher education establishments, the basics of behavior that help prevent anti-terrorist consciousness among young people.
Keywords: measures of targeted work, anti-terrorist consciousness, students of a higher educational institution, measures of individual work, management of educational work, measures aimed at rejecting the ideology of terrorism and extremism.
Article bibliography
1. Comprehensive plan to counter 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: [website]. [Electronic resource]. – Access mode: https://www.consultant.ru/ (date of access: 06/20/2024). – 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 main aspect in student’s training in non-linguistic universities // Science and education: experience, problems, development prospects: Proc. of the international scientific and practical conf., Krasnoyarsk, April 20-22, 2021. Vol. Part I. – Krasnoyarsk: Krasnoyarsk SAU, 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 humanitarian and natural sciences. – 2019. – No. 3-1. – P. 143-145.
6. Zemlyakova E. V., Fastovich G. G. On the issue of the application of information technologies in logistics systems // In the collection: Logistics – the Eurasian bridge. Proceedings of the XIV International scientific and practical conference. – 2019. – P. 121-123.
7. Gavrilenko V. A., Utkin N. I., Fastovich G. G. Personnel work and the role of the incentive institute in the civil service system // Law. Security. Emergencies. – 2019. – No. 3 (44). – pp. 32-35.
STATE AND LAW
ZHURIDA Alina Sergeevna
assistant judge of the Khabarovsk Regional Court
YAKUNIN Dmitriy Vladimirovich
Ph.D. in Law, associate professor, associate professor of the Higher School of Public Law of the Pacific State University, Khabarovsk
CURRENT PROBLEMATIC ISSUES OF PASSING THE STATE CIVIL SERVICE IN THE COURT APPARATUS
The article discusses current problems associated with the passage of state civil service in the courts of the Russian Federation. The main aspects and features of the organization of the state civil service are analyzed, and key problematic issues that may impede the effective functioning of the judicial system are identified. Particular attention is paid to the issues of digitalization of the state civil service. The relevance of the study is due to the need to modernize the judicial system and increase the efficiency of the work of state civil servants in it. The prospects for digitalization lie in the further development of electronic document management systems, improving the quality of services provided, ensuring transparency of activities and reducing bureaucratic barriers. This will improve the efficiency of the courts and improve the quality of life of citizens.
The article is of interest to researchers involved in issues of public civil service and management, information technology, as well as for practitioners working in the judiciary. The results of the study can be used for further development of the theory and practice of the state civil service, as well as for improving legislation on the state civil service.
Keywords: state civil service, court apparatus, digitalization, electronic document management systems, informatization, electronic interaction, advanced training, work efficiency.
Article bibliography
1. Koryakin I. I. Features of the public-legal status of a civil servant in the field of organizational support for the activities of courts // Russian judge. – 2023. – No. 1. – P. 54-60.
2. Koshcheev N. K. Electronic justice: historical and modern aspects of the formation of the regulatory framework // State power and local self-government. – 2023. – No. 6. – P. 48-50.
3. Stefan D. I. The process of forming the institution of judicial service // Civil service and personnel. – 2021. – No. 3. – P.148-152.
STATE AND LAW
STEPANENKO Alexey Sergeevich
Ph.D. in philosophical sciences, associate professor, Head of Humanitarian and socio-economic sciences sub-faculty, Director of the East Siberian branch of the Russian state university of Justice, Irkutsk
STATE-LEGAL POSTULATES OF THE DEMOCRATIC FORM OF GOVERNMENT
The article examines the key principles and mechanisms underlying democratic systems. The mainfocus is on the role of consultations and political cooperation, which are critical elements for the sustainability and effectiveness of democratic governance. The article analyzes historical trends in the development of democracies, emphasizes the importance of open dialogue between different political actors, and discusses mechanisms that promote inclusiveness and participation of all stakeholders in the decision-making process. Special emphasis is placed on legal instruments and institutional structures that support consultation and cooperation processes, which help harmonize the interests of different social groups and promote social stability. The author concludes that only through strengthening consultation processes and cooperation can sustainable and fair democratic governance be achieved.
Keywords: democracy, public administration, theory of state and law, consultations, political cooperation.
Article bibliographic list
1. Schmitt K. State and political form / Transl. with him. O. V. Kildyushova; comp. V. V. Anashvili, O. V. Kildyushov. – M.: Publishing house. House of State un-ta – Higher School of Economics, 2020. – P. 58.
2. Korkunov N. M. Lectures on the General Theory of Law. 2nd ed. / Preface by prof. I. Yu. Kozlikhin. – St. Petersburg: Publ. – in “Legal Center Press”, 2021. – P. 311.
3. Novgorodtsev P. I. Democracy at the Crossroads // Works. – M., 2019. – P. 394-395.
4. Berman G.J. The Western Legal Tradition: The Formative Era / Translated from English. 2nd ed. – M., 2022. – P. 47.
STATE AND LAW
KHAVADZHI Dinara Remzievna
Ph.D. in Law, associate professor, associate professor of Theory and history of law and state sub-faculty of the Crimean branch of the Russian State University of Justice, Simferopol
ON THE ISSUE OF RESEARCH METHODS FOR THE TRANSITIONAL JUSTICE MODEL
This article is devoted to the analysis of the transitional justice model using a set of methods, among which general scientific and special legal ones are distinguished. These groups of methods are analyzed and the directions of their use are determined within the framework of determining the nature, role and function of transitional justice. Transitional justice is designed to ensure an effective and legitimate response to previously unpunished gross violations of human rights and other serious violations of the rule of law.
Keywords: transitional justice, general scientific methods, nature of transitional justice, transitional justice policy, research methods.
Article bibliography
1. Kushnarev A.S., Metzler V.E. The concept of transitional justice: problems and prospects // Questions of Russian Justice. – 2023. – No. 25. – P. 385-395
2. Lecture course on the theory of state and law. V. M. Shafirov, I. D. Mishina, and others. – Krasnoyarsk, 2017. – 253 p.
3. Shcherbakova A. Ya. Synergetic approach to the study of world order // Social and humanitarian knowledge. – 2015. – pp. 322-327
STATE AND LAW
SHMELEV Ivan Valerjevich
Ph.D. in Law, senior lecturer of Administrative and financial law sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
SOUTH SUDAN: DISTRIBUTION OF POWERS AND FORMATION OF THE FEDERATION
South Sudan is the youngest country in Africa.
The legitimate consolidation of the distribution of power between the ruling entities is the basis of stability and prosperity of any state. Laying this foundation in the Constitution, it is necessary to provide for the interests of the represented people and government, as well as to avoid possible conflicts arising from legal gaps and inaccuracies in the most important document of the state. The end of the long period of confrontation between south and north Sudan was marked by the adoption of the Constitution in 2011. However, its content does not solve all the problems that stand in the way of a new sovereign country.
This article examines the difficulties encountered in the formation of the federation of South Sudan.
Keywords: South Sudan, Constitution, division of powers, federation, decentralization.
Article bibliography
1. Constitution-making in South Sudan: a work in progress with many complexities but a clear goal. UNMISS.
2. Mezentsev S. V. “South Sudan, independence, what next? // Asia and Africa today. 2012. No. 9.
3. Outh Sudan’s secession in contemporary Africa by Mariétjie Johanna Nicholson.
4. Karimova L. S. Realization of the right to self-determination of the Republic of South Sudan // Bulletin of the University of Management “TISBI”. 2023. No. 3.
5. Sizov S. G., Malov D. V. Historical, cultural and political factors of interethnicrelations in the territory of North and South Sudan // Bulletin of Omsk University. 2012. No. 1 (63). P. 340-345. – EDN PFQYQD.
6. Kochanova T. V. Geopolitical and intrastate causes of the dynamics of the armed conflict in the Republic of South Sudan // Conflictology. 2017. No. 1 @@ Makutchev A. V. War for resources: Abyeiski and the conflict between Sudan and South Sudan // Scientific notes of OSU. Series: Humanities and social sciences. 2019. No. 1 (82).
7. Deng M.A.W. Defining the nature and limits of presidential powers in the transitional Constitution of South Sudan: a politically contentious matter for the new nation // J. of African law. L., 2017. Vol. 61. No. 1. P. 23-39.
LANGUAGE AND LAW
MAKAYEVA Guzal Zaynagievna
associate professor of Russian language of pre-master’s and pre-graduate training sub-faculty of the Preparatory Faculty for Foreign Students of the Kazan Federal University
MAKAYEV Khanif Fakhretdinvich
associate professor of Foreign languages sub-faculty of the Institute of International Relations of the Kazan Federal University
IBATULINA Lyuciya Munirovna
senior lecturer of Foreign languages sub-faculty of the Institute of International Relations of the Kazan Federal University
USING ABBREVIATIONS WHEN TEACHING LANGUAGES TO LAW STUDENTS
One of the important aspects in learning a language is vocabulary, in particular abbreviations, which present difficulties in listening, understanding and using in both written and oral speech for specialists in all fields, including legal. The work examines abbreviated and truncated words used in official situations, as well as among professionals in the field in question. It is recommended that students pay attention to abbreviations for their adequate use in written and oral speech. The purpose of using abbreviations is indicated, as well as the need to strive to preserve the basic meaning of the text when translating abbreviated lexical units from one language to another. It is also important to take into account adequate pronunciation of the words in question. Research methods were observation, analysis, and comparison. The results obtained can make a certain contribution to pedagogical science.
Keywords: language, abbreviation, student, written and oral speech, specialist, training, method.
Article bibliography
1. Makaeva G. Z., Makaev Kh. F., Ibatulina L. M. Transformations in the translation of legal texts from English into Russian // Eurasian Law Journal. – 2023. – No. 11 (186). – 2023. – P. 485-486. DoI 10.46320/2073-4506-2023-11-186-485-486.
2 Ulitkin I. A., Nelyubin L. L. Use and translation of abbreviations in scientific and technical text // Science of Man: Humanitarian Research. – 2014. – No. 4 (18). – P. 58-69.
3. Efremova E. P., Lazutkina E. V., Ratueva O. N. Abbreviation in the terminology of jurisprudence based on the English language // Modern studies of social problems. – 2022. – Vol. 14. No. 4. – P. 185-194. http://soc-journal.ru
4. Baligar A. L. The main types of short forms of lexical units // Word formation and its place in the course of teaching a foreign language. – 1978. – No. 6.
5. Baranova A. R., Abdrakhmanova A. A., Mubarakshina A. M., Makayev Kh. F. Variety of Exercises in Teaching Translation of Scientific and Technical Texts. Quid: Investigación, Ciencia y Tecnología. – 2017. – No. S1. – Vol. Is.28. – P. 778-783. [Electronic resource]. – Access mode: https://repository.kpfu.ru/?p_id=168652.
6. Sigacheva N., Makayev Kh., Makayeva G., Gainanova D. Some Approaches to Translation of Professional Terms Abbreviation in Materials Science E3S Web of Conferences Volume 274 (2021). 2nd International Scientific Conference on Socio-Technical Construction and Civil Engineering (STCCE – 2021). – France, 2021. – P. 12003. [Electronic resource]. – Access mode: https://repository.kpfu.ru/?p_id=255384.
ECONOMY. LAW. SOCIETY
ALIEV Islam Azigadzhievich
Ph.D. in economical sciences, senior lecturer of Economic and general education disciplines sub-faculty of the Dagestan State University, branch in Izberbash
BUDGET RESOURCES AS THE MAIN SOURCE OF FINANCING FOR SOCIAL SECTOR ORGANIZATIONS
The article examines the state extra-budgetary funds, their role on the quality of life of the country’s population, how they influence the social policy pursued by the state. The sources of financing of funds, the possibilities of their additional increase, as well as the main directions of spending financial resources are being studied. The main directions in which the development of such organizations should be carried out are highlighted, the elements and factors that can increase efficiencyand effectiveness for the growth of the national economy are considered.
Keywords: state power, market economy, budgetary system, budgetary funds, social funds, welfare development, economic growth, state regulation.
Article bibliography
1. Federal Law “On the Budget of the Pension Fund of the Russian Federation for 2022 and for the Planning Period of 2023 and 2024” dated 06.12.2021 No. 391-FZ (last ed.) – [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_ 402531/
2. Afanasyev, M. P. Budget and budget system in 2 volumes. Volume 1: textbook for universities / M. P. Afanasyev, A. A. Belenchuk, I. V. Krivogov. – 6th ed., revised. and additional. – Moscow: Publishing house Yurait, 2023. (Higher education) // Educational platform Yurait [website]. – [Electronic resource]. – Access mode: https://urait.ru/bcode/512752.
3. Berzon N. I. Public finances: a textbook for universities / edited by N. I. Berzon. – Moscow: Publishing house Yurait, 2023 – (Higher education) // Educational platform Yurait [website]. – [Electronic resource]. – Access mode: https://urait.ru/bcode/ 512095.
4. Ivanova D. E., Ivanov V. E. Assessment of the impact of pension reform on the level of welfare of the population // State and municipal administration. Scientific notes. – 2022. – No. 2.
ECONOMY. LAW. SOCIETY
AMIROVA Maryam Gatamovna
Ph.D. in economical sciences, senior lecturer of Economic, legal and general educational disciplines sub-faculty of the Dagestan State University, branch in Izberbash
SULEYMANOVA Aminat Musaevna
Ph.D. in economical sciences, associate professor of Economic, legal and general educational disciplines sub-faculty of the Dagestan State University, branch in Izberbash
THE ROLE OF REGIONAL BANKS IN THE REGIONAL ECONOMY
Increasing the viability of regional banks in the current conditions of growing political and financial instability is the most important condition for ensuring the security of the banking system and the entire financial sector of the country as a whole. When determining the status of a regional bank, it is necessary not only to proceed from the optimal amount of capital and the list of operations, but also to legislate approaches to the strategies and business models realized by such banks.
Financial stability and the creation of conditions for economic growth of the regional banking sector in the long term are directly related to the development of the banking system. The forms and directions of development of regional banks, as well as its general concept, which determines these forms and methods, undoubtedly require multilateral research.
Keywords: regional banks, banking system, small and medium business, innovation stimulation.
Article bibliography
1. Dzarakhov A. Problems and prospects for the development of regional banks in modern Russia // Self-government. – 2023. – No. 1 (134). – P. 46-49.
2. Katz E. Local banks – global ambitions // Bosfera. – 2024. – No. 3, March. (301). – [Electronic resource]. – Access mode: https://bosfera.ru/bo/banki-lokalnye-ambicii-globalnye.
3. The main directions of development of the financial market of the Russian Federation for 2024 and the period 2025 and 2026. – [Electronic resource]. – Access mode: https://docs.yandex.ru/docs/view?tm=1717344952&tld=ru&lang=ru&name=onrfr_2024-26.pdf&text=main%20directions%20of%20development%20of%20the%20financial%20market%202024-2026.
4. Rating of Russian banks by assets. – [Electronic resource]. – Access mode: https://www.vbr.ru/banki/raiting/
5. Fadeikina N. V., Shvetsova N. S. On the role of regional banks in the socio-economic development of regions // Siberian financial school. – 2022. – No. 3 (147). – P. 66-81.
ECONOMY. LAW. SOCIETY
BURMISTROVA Alevtina Anatoljevna
Ph.D. in economical sciences, associate professor of Strategic economic development sub-faculty of the G. R. Derzhavin Tambov State University
MANANNIKOVA Oksana Nikolaevna
Ph.D. in economical sciences, associate professor of Strategic economic development sub-faculty of the G. R. Derzhavin Tambov State University
RODIONOVA Natalya Konstantinovna
Ph.D. in economical sciences, associate professor of Strategic economic development sub-faculty of the G. R. Derzhavin Tambov State University
THE SHADOW NON-CRIMINAL SECTOR AS A MANIFESTATION OF THE IMBALANCE OF THE REGION’S ECONOMY
The article presents research materials on the relationship between the shadow non-criminal sector and structural and sectoral shifts and spatial imbalances in the regional economy. The peripheral nature of the Tambovregion’s economy is shown and it is proved that unstable employment and its shadow forms should be considered in the context of the competitive advantages of the main sectors of the region’s economy, which are based on the intensification of relatively cheap labor.
Keywords: spatial economy, competitive advantages, shadow non-criminal sector, precarious employment.
Article bibliography
1. Mamontov V. D. Efficiency of using human capital in the regional economic system (on the example of the Tambov region) // Global problems of modernization of the national economy: Materials of the VIII International scientific and practical conference. – 2019. – P. 439-453.
2. Kuznetsov I. A., Sayapin A. V., Polushkina O. O. Problems of restructuring the economy of an agro-industrial region // Bulletin of the North Caucasian Federal University. – 2021. –№ 4. – P. 63-69.
3. Regional Budgets in 2021: Deficit Strategies. [Electronic resource]. – Access mode: https://nacexpert.ru/wp-content/uploads/2021/01/Доклад_бюдежы_19012021_compressed1.pdf?ysclid=lh0a3qtsh0489999737.
4. Labor and Employment in Russia. 2023: Stat. collection / Rosstat. M., 2023. – 180 p.
5. Labor force, employment and unemployment in Russia (based on the results of sample surveys of the labor force) 2020 Stat. collection / Rosstat. – M., 2020.
6. Sayapin A. V., Fatkhutdinov A. A., Cheremisina N. V. Shadow relations in consumer markets and economic security of the consumer // Eurasian Law Journal. – 2023. – No. 8 (183). – P. 488-490.
ECONOMY. LAW. SOCIETY
DAITOVA Patimat Isaevna
senior lecturer of Economic and general education disciplines sub-faculty of the Dagestan State University, branch in Izberbash
ANALYSIS OF THE ACTIVITY OF THE PENSION AND SOCIAL INSURANCE FUND OF THE RUSSIAN FEDERATION IN THE SPHERE OF PENSION PROVISION
The development of the pension provision system in modern society is a complex and multifaceted task for the state. It requires a complex approach and consideration of many factors: demographic situation, economic development of the country, income level of the population, social needs of citizens. The correct solution of this problem will help to create a more equitable and sustainable system of social protection for all citizens of the Russian Federation. In this regard, the analysis of problems and determination of prospects for the development of the pension provision system in modern Russia becomes relevant and timely.
Keywords: pension, retirement age, social policy, pension fund, pension provision, Pension and Social Insurance Fund of the Russian Federation.
Article bibliographic list
1. Mamiy E. A., Akopyan E. G. The state and prospects of development of non-state pension provision // Economics of sustainable development. – 2019. – No. 31 (37). – P. 38-48.
2. Sazanova N. V. Pension Fund of the Russian Federation, modern problems of its functioning // Bulletin of Eurasian Science. – 2024. – No. 1. – P. 90-102.
3. Website of the Federal Treasury. – [Electronic resource]. – Access mode: https://roskazna.ru/ispolnenie-byudzhetov/ (date of access: 10.07.2024).
4. Sinyavskaya O. V., Voron O. V. Active longevity policy and pension reforms: Russian and international experience. / Vol. Issue 1. – M.: Publishing house of the Higher School of Economics, 2023. – 191 p.
ECONOMY. LAW. SOCIETY
NEDZELSKIY Alexey Evgenjevich
Ph.D. in economic sciences, associate professor of Philosophy and socio-humanitarian disciplines sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk
NEDZELSKAYA Olga Nikolaevna
Ph.D. in economic sciences, entrepreneur
ARCHITECTONICS OF ENTREPRENEURIAL POTENTIAL AS A SEMIOTIC CONSTRUCT
The article illustrates the structure of small and medium-sized enterprises in Russia, including the example of the municipality – the city of Abakan. The main prerequisites influencing the disposition of small and medium-sized enterprises in the Russian Federation as a whole, as well as at the municipal level, are presented. The need to appeal to the semiotic context as a way to contain obstacles hindering the development of small and medium-sized enterprises is postulated. The measures of state support that provide inclusive assistance to small and medium-sized businesses are considered. As a successful example for the development of small and medium-sized enterprises, the construct of the socio-economic space of municipal enterprises (enterprises with the participation of the municipality) is given, which has allowed for several decades to form a unique experience based on knowledge and revealing the humanistic foundations of economic activity.
Keywords: semantics, semiotics, entrepreneurship, entrepreneurial potential, postmodernism, ideologies, small and medium-sized entrepreneurship, public policy, managerial personnel.
Article bibliography
1. Kenneth V. A. Small business: Strategic planning. – M.: Dovgan, 2006. – P. 54.
2. Siropolis N. K. Small business management. – M.: Delo, 2007. – 672 p.
3. Slutsky L. E. Development of small entrepreneurship in the Russian economy. – M.: Finance and statistics, 2000. – 144 p.
4. Statistical collection “Small and medium-sized entrepreneurship in Russia”. – [Electronic resource]. – Access mode https://rosstat.gov.ru/storage/mediabank/mal_pred_2022.pdf.
5. Official website of the Ministry of Economic Development of the Russian Federation. National project “Small and Medium Entrepreneurship and Support for Individual Entrepreneurial Initiatives”. – [Electronic resource]. – Access mode: https://www.economy.gov.ru/material/directions/nacionalnyy_proekt_maloe_i_srednee_predprinimatelstvo_i_podderzhka_individualnoy_predprinimatelskoy_iniciativ/
6. Unified Register of Small and Medium Entrepreneurship Entities. – [Electronic resource]. – Access mode: https://ofd.nalog.ru/
ECONOMY. LAW. SOCIETY
SULEYMANOVA Aminat Musaevna
Ph.D. in economical sciences, associate professor of Economic, legal and general educational disciplines sub-faculty of the Dagestan State University, branch in Izberbash
GADZHIEVA Zubaidat Khabibovna
senior lecturer, associate professor of Economic, legal and general educational disciplines sub-faculty of the Dagestan State University, branch in Izberbash
ASSESSMENT OF THE STATE OF REGIONAL COMMERCIAL BANKS
There are fewer and fewer regional banks, their supervisory requirements have been tightened, and the costs of complying with these requirements are increasing. Moreover, the concept of a regional bank and its status are not legally defined. The profitability of many banking services is falling and, as a result, the return on equity is decreasing and regional banks are losing their former, long-standing ties with their established clientele. Financial stability and the creation of conditions for the economic growth of the regional banking sector in the long term are directly related to the development of the banking system.
Keywords: Regional banks, banking system, assets, liabilities, loan portfolio.
Article bibliography
1. Review of the Association of Russian Banks “Banks and the Economy in Figures and Graphs” // 4th quarter of 2023. – No. 1 (8).
2. Polukhina O. S., Grigorieva L. V. Problems and Prospects for the Development of Regional Banks in the Russian Federation // Forum of Young Scientists. – 2023. – No. 1 (77). – P. 159-162.
3. Rabadanova D. A., Ibragimov R. I. Features of the formation of equity capital of large and regional banks // Journal of Applied Research. – 2022. – Vol. 1. No. 11. – P. 43-48.
4. Central Bank of the Russian Federation: Official website. – Moscow. – [Electronic resource]. – Access mode: https://www.cbr.ru/statistics/?PrtId=int_rat (date of access: 07/25/2024).
ECONOMY. LAW. SOCIETY
FU QI
postgraduate student of Financial control, analysis and audit sub-faculty of the Faculty of Economics of the Belarusian State University, lecturer of the Faculty of Tourism and Planning of the Pingdingshan College, Henan, China
DILEMMAS AND COUNTERMEASURES ANALYSIS OF CHINA’S RURAL TOURISM FINANCING MODEL
Financing is an essential guarantee for the development of rural tourism to promote rural economic growth. This article analyzes the development stage of China’s rural tourism and the characteristics of its financing mode at each stage, and summarizes the main mode of rural tourism financing. Combined with the actual development of China’s rural tourism and influencing factors, it analyzes the financing dilemma of China’s rural tourism development and puts forward countermeasures to solve the problem.
Keywords: rural tourism, financing mode, stage characteristics, financing dilemma, China’s countermeasures.
Reference
1. Chinese government website. [Electronic resource]. – Access mode: http://www.moa.gov.cn/xw/qg/202307/t20230731_6433207.htm.
2. AN Chuanyan, ZHAI Zhouyan, LI Tongsheng.International research on rural tourism in recent 10 years and its implications for China // Resources science. – 2020. – No. 5. – R. 956 -968.
3. Jia Jingyi. Problems and countermeasures for rural financial institutions to participate in rural tourism development [J]. // Agricultural Economics. – 202. – No. 03. – R. 135-137.
4. Su Lanlan, Kong Rong. Farmers’ financial literacy, farmland transfer and farmland mortgage financing – Empirical evidence based on survey data of 1947 farmers in Shaanxi, Ningxia and Shandong [J]. // Finance and Trade Research. – 2021. – No. 32 (07). – R. 42 -55+110.
5. Han Ziwei. Solving the financing problems of farmers’ professional cooperatives – theoretical analysis and practical breakthroughs [J]. // Agricultural Economics. – 2021. – No. 09. – R.109-110.
PHILOSOPHY. RIGHT. SOCIETY
BAIROV Andrey Semyonovich
senior lecturer of Philosophy and socially-humanitarian disciplines sub-faculty of East-Siberian Institute of the MIA of Russia, Irkutsk, lieutenant colonel of police
TRADITIONS OF RAID HUNTING AMONG THE BURYATS
The article examines the problem of the emergence of round-up hunting traditions among the Buryats of the Cis-Baikal region . The semantic origin of the name of roundup hunting among the Buryats is analyzed. The genesis of the raid as a military exercise is traced to a common type of hunting. The important role of the religious class (shamans) in this type of hunting is seen. Versions of the ethnic origin of the Bulagats and Ekhirits are given. The toponyms of Cisbaikalia and the Eastern Sayan Mountains are studied. The tactics of a raid as a type of military maneuvers are given.
Keywords: Cisbaikalia, roundup hunting, Kurykans, military exercises, bulagat and ekhirit, M. N. Khangalov, shaman-leaders of the hunt.
Bibliographic list of articles
1. Khangalov M. N. Collected Works. In 3 volumes. Vol. 2. Ulan-Ude: Buryat. book publishing house, 1960. P. 181.
PHILOSOPHY. LAW. SOCIETY
DAVYDENKO Marina Vyacheslavovna
Ph.D. in philosophical sciences, associate professor of Humanitarian sciences of the Moscow International University
CRITERIA OF ARTISTIC VALUE IN RUSSIAN RELIGIOUS AND PHILOSOPHICAL THOUGHT OF THE LATE 19TH – EARLY 20TH CENTURIES (BASED ON THE EXAMPLE OF THE PHILOSOPHICAL AND AESTHETIC VIEWS OF A. BELY AND P. A. FLORENSKY)
The article examines a specific aspect of the philosophical and aesthetic views of A. Bely and P. A. Florensky, in particular, the content of the criteria of artistic value, principles and parameters of artistic evaluation. The relevance of addressing the problem is associated with the peculiarities of the manifestation of religious aestheticism as a type of worldview in the concepts of philosophers. The author compares the essence of the thinkers’ views on the problem of artistic value, reveals the content of the principles-criteria on the basis of which judgments about art are possible.
Keywords: artistry, artistic value, criteria of artistic value, theurgic aesthetics, artistic evaluation, religious aestheticism.
Article bibliography
1. Akopova Yu. A. Andrey Bely and Pavel Florensky: Intuitions about Man / / Philological sciences. – 2018. – No. 10. Part 1. – P. 9-12.
2. Bely A. Symbolism as a worldview / Comp., introduction and notes by L. A. Sugai.- M.: “Respublika”, 1994. – 888 p.
3. Bychkov V. V. Russian theurgic aesthetics. – M.: “Ladomir”, 2007. – 743 p.
4. 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. 79-96.
5. Ivanova E. V . Florensky and the Symbolists. Life and Creative Intersections / Pavel Florensky and the Symbolists. Literary Experiments. Articles. Correspondence. – M.: “Languages of Slavic Culture”, 2004. – 704 p.
6. Kozhurin A. Ya. On the typology of religious aestheticism (K. N. Leontiev and P. A. Florensky) // “Vestnik SPbGU”. – 2014. – Series 17. Issue 2. – P. 120-128.
7. Pavel Florensky and the Symbolists. Literary Experiments. Articles. Correspondence. – M.: “Languages of Slavic Culture”, 2004. – 704 p.
8. Radugin V. M. Aesthetic ideal and its embodiment in art: abstract of dissertation for the academic degree of Doctor of Philosophy: 09.00.04. – M., 1995. – 24 p.
9. Tukhto M. E. Art and Mathematics: unpublished notes of Andrei Bely. // Bulletin of Moscow University. Series 9. Philology. – 2023. – No. 1. – P. 150-167.
10. Florensky P. A. Analysis of spatiality and time in artistic and visual works. – M.: “Progress”, 1993. – 324 p.
PHILOSOPHY. LAW. SOCIETY
ZOLOTAREV Sergey Petrovich
Ph.D. in philosophical sciences, professor of Philosophy and history sub-faculty of the Stavropol State Agrarian University
FORMATION OF MASS CONSCIOUSNESS OF RUSSIAN YOUTH: A SOCIO-PHILOSOPHICAL ANALYSIS
The relevance of the proposed topic is determined by the fact that previous experiences confirms that the basis for the development of society lies in the stage of group and personal transformation of consciousness, defined at the level of objective and subjective character. The main purpose of the article is to analyze the mechanisms of formation of social thinking of modern Russian youth. The main objectives of this article include: identifying patterns of cultural transformation of the younger generation in a dynamically changing world; conducting an analysis using socio-philosophical approaches and scientific concepts reflecting the nature and role of society in different epochs of the stages of the evolution of the youth worldview of Russia; to comprehend the details of the emergence of inconsistencies between negative and positive models of information warfare conducted by Western European governments in the field of ensuring the protection of the individual and the state. Conclusions are drawn that there is a need to form a unified socio-philosophical paradigm in understanding the phenomena of reality in order to create the right management actions and strategic directions for the implementation of current events inside and outside the state.
Keywords: youth, society, paradigm, mass consciousness, worldview, crowd, mass, models, mechanism, information, communication.
Article bibliography
1. Blumer H . What is Wrong with Social Theory // American Sociologocal Review. – 1954. – V. 19.
2. Giddens Anthony Sociology / With the participation of K. Birdsall: Trans. from English. 2nd ed., completely revised. and add. – M.: Editorial URSS, 2005. – 632 p.
3. Durkheim // New Philosophical Encyclopedia: in 4 volumes / Prev. scientific editorial board V. S. Stepin. – 2nd ed. , corrected and expanded. – M.: Mysl, 2010. – 2816 p.
4. Bell D. The End of Ideology: On the Exhaustion of Political Ideas in the Fifties. – N.Y.: Free Press, 1965.
5. Shelsky G. Skeptical generation [Text] // Society and youth / Comp. V. D. Kobetsky. – M.: Young Guard, 1968. – 230 p.
6. Shanin T. History of generations and generational history // Fathers and Sons: generational analysis of modern Russia / Comp. Y. Levada, T. Shanin. – M., 2005. – P. 20.
7. Mannheim Karl. Selected: Diagnosis of our time. – M.: RAO Talking Book, 2010. – 744 p.
PHILOSOPHY. LAW. SOCIETY
KORNEV Georgiy Pavlovich
Ph. D. in philosophical sciences, professor of History, philosophy and sociology sub-faculty of the Nizhny Novgorod State Agrotechnological University
ONTOLOGICAL CHARACTERISTICS AND ETYMOLOGICAL SOURCES OF SPIRITUAL TRUTH BY P. A. FLORENSKY
The purpose of the article is to reveal the ontological nature of Spiritual Truth and its etymological sources. The methodological basis of the research is represented by a combination of the historical-genetic method and the method of hermeneutical reconstruction. The lexical structure and content of the archaic terms “estina” and “aletheia” (αλήθεια), their influence on truth as a living integral organism, spiritualizing cognizable reality, are considered. The idea is substantiated that Florensky, in order to prove the divine status of archaic truth, also proceeded from the Platonic etymology of aletheia, meaning the human striving for existence. The difference between Florensky’s and Heidegger’s understanding of aletheia along the line of oblivion is clarified/concealment. Florensky’s strategy of overcoming the limitations of rationalism (antinomianism of reason) and empiricism (isolation of perception) by appealing to Spiritual truth as the Trinity of the Father, Son and Holy Spirit is revealed.
Keywords: truth, aletheia, etymology, ontology, Spiritual truth, P. A. Florensky, M. Heidegger, Plato, God, Trinity.
Article bibliography
1. Buzhor E. S., Buzhor V. I., Naumov A. V. Ontological character of P. A. Florensky’s theory of knowledge // Manuscript. – 2021. – Issue. 7 (Vol. 14). – P. 1398-1403.
2. Plato . Cratylus // Collected works: in 4 volumes. Vol. 1 / Trans. from ancient Greek; general editor A. F. Losev. – M.: Mysl, 1990. – P. 613-681.
3. Razinov Yu. A. Truth and mystery: four aspects of Greek aletheia // Izvestia Saratov University. Series: Philosophy. Psychology. Pedagogy. – 2012. Issue. 2 (Vol. 12). – P. 29-33.
4. Reznechenko A. I. Florensky and Heidegger about Ἀλήθεία: oblivion and/or hiddenness? // Bulletin of the Russian State University for the Humanities. Series: “Philosophy. Sociology. Art Studies”. – 2017. – No. 1 (7). – P. 47-63.
5. Florensky P. A. Limits of Epistemology: (the main antinomy of the theory of knowledge) // Theological Bulletin. – 1913. No. 1. – P. 147-174.
6. Florensky P. A. The Pillar and Ground of Truth. An Experience of Orthodox Theodicy in Twelve Letters // Works: In 2 volumes. Vol. 1. Part 1 and Part 2. – Moscow: Pravda, 1990. – 496 p. (Part 1), 352 p. (Part 2).
7. Frank S. L. Russian worldview // Spiritual foundations ofsociety / Comp. and author of the introduction P. V. Alekseev. – M.: Respublika, 1992. – Pp. 472-500.
8. Heidegger M. Time and Being / Translated from German. – M.: Respublika, 1993. – 447 p.
9. Cole Th. Archaic Truth // Urbino notebooks of classical culture. – 1983. – T. 13. – № 1. – Pр. 7-28.
10. Snell B. The Entrance of Geistes: Studies in the Entrance of Europe. From Greece to Greece. – Göttingen: Vandenhoeck & Ruprecht, 1980. – 334 s.
PHILOSOPHY. RIGHT. SOCIETY
KURITO Oksana Vasiljevna
Ph.D. in philosophical sciences, associate professor of Philosophy sub-faculty of the Mikhail Tugan-Baranovskiy Donetsk National University of Economics and Trade
ENSURING PROGRESS IN THE FIELD OF KNOWLEDGE, IDENTIFYING GAPS IN RESEARCH: THE SOCIO-PHILOSOPHICAL ASPECT
Philosophy continues the discussion of paradigmatic issues of education in a certain way and stabilizes the special semantic tradition of the field of modern knowledge. Although this seems to ensure the amazing persistence of this form of reflection, nevertheless, the question of the empirical coherence of the concept of education and the theory of education in the framework of modern digital transformation has so far remained unanswered. Therefore, the question below is considered to what extent it is possible to talk about philosophical research in the field of education, knowledge related to the subject of social philosophy.
Keywords: social philosophy, knowledge, progress in the field of knowledge, gaps in research, digitalization.
Bibliography
1. Floridi, Luciano The 4th Revolution. How the Infosphere is changing our Lives, 2024. – L.: Suhrkamp. – 512 p
2. Noller Jörg. Philosophy of digitality / Reality – Virtuality – Normativity. – N.-Y: Metzler. 2023. – 388 p.
3. Stalder Felix. 2016. Culture of Digitality. Fr.: Suhrkamp // Collection of articles. – L., 2024. – 412 p.
4. Precht R. D. Mache die Welt. – München: Goldmann Verlag, 2023. – 444 p.
5. Yushkevich P. S. Worldview and Worldviews: Essays and Characteristics. – M.: Librokom Book House, 2011. – 184 p.
6. Baksansky O. E. Cognitive Construction of Reality. Philosophy of Education. – M.: Ogni, 2021. – 934 p.
7. Spirkin A. G. Social Philosophy and Philosophy of History. – M.: Yurait. 2024. – 185 p.
8. Hobbes T. Leviathan, or Matter, the form of power of the state, ecclesiastical and civil. Works in 2 volumes. T. 1. – M.: Mysl, 1991. – P. 5-285.
9. Bermus A. G. Modernization of education. Philosophy, politics, culture. – M.: Canon + ROOI “Rehabilitation”, 2021. – 384 p.
10. Starikova L. D. History of pedagogy and philosophy of education. – M.: Phoenix, 2019. – 448 p.
11. Nida-Rümelin J. Digital Humanism. An ethics for the age of artificial intelligence. – N.-Y.: Piper, 2023. – 501 p.
12. Zborovsky G. E. Education: scientific approaches to research // Sociological studies. – 2000. – No. 6. – P. 21-29.
13. Kuznetsova T. F. Philosophy and the problem of humanitarization of education. – M., 2020. – 117 p.
14. Semenov Yu. I. Introduction to the science of philosophy. In 7 books: Great discoveries of philosophy: The problem of the nature of knowledge and cognition. Book 2. – M.: Lenand, 2022. – 232 p.
15. Kara-Murza S. Manipulation of consciousness. – M.: EKSMO-Press, 2001.
16. Gagaev A. A., Gagaev P. A. Russian philosophical and pedagogical teachings of the 17th-21st centuries. – M.: Russkoe slovo, 2002.
17. Gershunsky B. S. Philosophy of education for the 21st century (In search of practice-oriented educational concepts). – M.: Perfection, 1998. – 608 p.
18. Likhachev B. T. Philosophy of education. Special. course: teaching aid for students of higher educational institutions. – M.: Prometheus, 1995.
19. Philosophy of education. – M.: New Millennium Foundation, 2023.
PHILOSOPHY. LAW. SOCIETY
MAKSIMENKO Marina Vyacheslavovna
Ph.D. in philosophical sciences, associate professor of Criminal, penal law and organization of the execution of sentences, not related to the isolation of convicts from society sub-faculty of the Perm Institute of the FPS of Russia
THE IMPORTANCE OF THE PRINCIPLES OF PROFESSIONAL ETHICS OF AN EMPLOYEE OF THE PENAL SYSTEM
The article examines the possibility of formulating principles of professional ethics for an employee of the penal system by analyzing the content of the provisions of the Code of Ethics and Official Conduct of Employees and Federal State Civil Servants of the Penal System, approved by Order of the Federal Penitentiary Service of Russia dated 01/11/2012 No. 5. The content of the formulated principles is briefly disclosed, and the content of individual specific instructions set forth in the Code is critically examined. The conclusion is debated that the content of the Code of Ethics and Official Conduct of Employeesand Federal State Civil Servants of the Penal System should consist of principles as the most general ideas containing ethical standards of proper behavior.
Keywords: professional ethics of an employee of the penal system, principles of professional ethics, Code of Ethics and Official Conduct of Employees and Federal State Civil Servants of the Penal System, moral standards, ethical standards of professional activity.
Article bibliographic list
1. Germashev A. N. On the method of legal hermeneutics // Society and Law. – 2009. – No. 4 (26). – P. 42-46.
2. Gorobets V. D. On the principle of economy of legal regulation and its significance for the law-making process // Law and state: theory and practice. – 2019. – No. 9 (177). – P. 6-8.
3. Iskhakov I. I., Kasimov T. S., Kasimova D. F., Abdullin I. S. Conflict of interests: problems of legal regulation and practice of application // Eurasian Law Journal. – 2022. – No. 11 (174) . – P. 95-97.
4. Solovieva P. V. The relationship between the professionalism of a judge and his moral qualities or the professionalism of a judge as a professional and moral quality // Judicial power and criminal procedure. – 2017. – No. 4. – P. 219-224.
5. Sychev V. B. On the issue of types of discrimination // Bulletin of the Saratov University. New series. Series Economy. Management. Law. – Saratov: Publishing House of the Saratov University. – 2012. – Volume 12. Issue 4. – P. 101-103.
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
EXTREMALITY WORLD – THE WORLD OF PROTEST BEHAVIOR OF PERSONALITY
The article examines the modern sociocultural space, which is permeated with the spirit of protest behavior. As a result of the research carried out within the framework of the article, the author comes to the conclusion that the world in which we live, being a world of transformation processes, demonstrates the transition from a post-classical society to an information society, which is a characteristic of the extreme world. As a result, the extreme world forms a person who corresponds to his own attributes, which leads to the corresponding behavior of the individual, which manifests itself through protest.
Keywords: personality, extremality world, protest behavior, extreme behavior, extremality.
Article bibliography
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2. Garanin O. Yu. Protest activity of youth in the context of political modernization of modern Russia: dis. … candidate of political sciences. Krasnodar, 2010.
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4. Guseinov A.Sh. Protest as a factor in destructive behavior of adolescents and young people // Bulletin of St. Petersburg University. Series 12 “Psychology. Sociology. Pedagogy”. 2011. Issue 2. June 2011.
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9. Losev A. F. Philosophy. Mythology. Culture. Moscow: Politizdat, 1991.
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PHILOSOPHY. LAW. SOCIETY
MUKHLYNKINA Yuliya Vladimirovna
Ph.D. in philosophical sciences, associate professor of Philosophy sub-faculty of the Russian University of Transport (Moscow Institute of Transport Engineers)
TO THE QUESTION OF SYMBOLIC CONTENT OF MODERN NATIONAL CULTURE
The article examines the role of the symbolic content of culture in preserving its originality and integrity, in the formation of mass consciousness and the national identity of its bearers. The purpose of the study was to assess the current state of the symbolic content of Russian culture based on an analysis of the results of sociological research conducted over the last decade. As a result of the study, the author comes to the conclusion that the symbolic content of the culture of a significant part of modern Russian society is poor and identifies the reasons for this condition.
Keywords: culture, symbol, information-semiotic approach, symbolic content of culture, national identity, mass consciousness, cultural memory.
Article bibliographic list
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2. Imennova L. S. Nature as a source of symbolic activity // Horizons of humanitarian knowledge. – 2017. – No. 4. [Electronic resource]. – Access mode: http://journals. mosgu.ru/ggz/article/view/581 (date accessed: 02.03.2024). DOI: 10.17805/ggz.2017.4.6.
3. Historical consciousness of Russians: assessments of the past, memory, symbols (an experiment in sociological measurement) / FNISC RAS, Institute of Sociology. Ed. by M. K. Gorshkov. Moscow: Ves Mir Publishing House, 2022. – 248 p.
4. Karmin A. S. Philosophy of Culture in the Information Society: Problems and Prospects // Bulletin of the Russian Philosophical Society. – 2005. – No. 2 (34). – P. 49-62.
5. Culture as a Factor in Russia’s Modernization: Collective Monograph / Ed. by A. V. Kostin. – Publ. 2nd, corr. and add. – M.: Publishing house of Moscow Humanitarian University, 2015. – 318 p.
6. Litvintseva G. Yu., Pashedko Yu. M. Russian culture as the basis of national identity of Russians // International research journal. – 2017. – No. 11-1 (65).
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8. Markov A. P. Russian civilization in the global world: challenges, threats, resources of transformation. – SPb .: SPbGUP, 2017. – 453 p.
9. Milrud R.P. Language as a Symbol of Culture// Didactic Materials for Higher Education Students. – 2012. – Issue No. 10. – P. 127-151. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/yazyk-kak-simvol-kultury/viewer (accessed: 11.03.2024).
10. Symbols of Russia. Analytical Review// All-Russian Public Opinion Research Center (VTsIOM): official website. [Electronic resource]. – Access mode: https://wciom.ru/analytical-reviews/analiticheskii-obzor/simvoly-rossii (accessed: 01.03.2024).
11. Solomonik A. B. Sign and Symbol. [Electronic resource]. – Access mode: http://conpl.ru/pub/as_sym.Php# endnote1 (date accessed: 02.03.2024).
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13. White L. A. The concept of culture // Questions of social theory. – 2009. – Volume III. – Issue. 1 (3). P. 95-124.
14. White L. A. Symbol: the beginning and basis of human behavior // Anthology of cultural studies. The symbolic field of culture. – St. Petersburg: Center for Humanitarian Initiatives, 2011. – P. 173-188.
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PHILOSOPHY. RIGHT. SOCIETY
MAKULINA Evgeniya Yurjevna
postgraduate student of Philosophy and sociology sub-faculty of the M. V. Lomonosov Northern (Arctic) Federal University, Arkhangelsk
SOCIAL MEMORY IN THE CONTEXT OF INFORMATIZATION OF SOCIAL REPRODUCTION
The paper examines the factors digital transformations of social reproduction, which underlie shifts in the functioning of socio-historical memory. Cultures that have developed over a long period of development all kinds of mechanisms for broadcasting the cultural and genetic foundations of their own reproduction from generation to generation are faced with the problem of losing their own identity due to the unification of the information field by the “information noise” of social networks. This has opened up a wide and not always safe space for the transformation of socio-historical memory and the genetic foundations of traditional cultures. The complexity of issues related to the preservation of historical memory on the example of Russia requires the development of an appropriate philosophy of memory in order to ensure the appropriate “memorial sovereignty” of our country, necessary for a constructive perception of the past in order to build a model of a confident and competitive future. The article attempts to pose the problem of social memory in the digital age, identifies the key challenges facing the phenomenon of socio-historical memory. The purpose of the article is, first of all, to generalize philosophical issues and reflect on socio-historical memory.
Keywords: social memory, historical memory, historical trauma, politics of memory, sovereignty of memory, memory wars.
Article bibliographic list
1. Golovashina O. How did memory become social? // Questions of philosophy. – 2023. – No. 1. – P. 29-39.
2. Emelyanova N. N. Politics of memory and trauma of collective memory in the context of securitization // Questions of Philosophy. – 2020. – No. 7. – P. 30- 34.
3. Ivashevsky S. L. Memory of the social order and the order of social memory // Legal science and practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2022. – No. 1 (57). – P. 236-239.
4. Kant I. Works in six volumes. [Under the general editorship of L. F. Asmus and others]. – M.: Mysl, 1966. – Vol. 6. – 1966. – P. 420- 421.
5. Kodan S. V. Social memory in the structure of scientific and cognitive activity: concept, main characteristics, approaches to classification / Legal forms of experiencing history: practices and limits: collective monograph / Ed. S. V. Bochkarev. – SPb.: Asterion, 2020. – 694 p.
6. Feynman Memory Cube: How Does the New Type of Memory Work at the Atomic Level? [Electronic resource]. – Access mode: http://www.aethra.ru/kub- pamyati-fejnmana-kak-ustroen-novyj-tip-pamyati-na-atomarnom-urovne/ (date of access: 12.08.2024).
7. Letnyakov D. E. Agonistic memory and its prospects for the post-Soviet space // Caspian region: politics, economics, culture. – 2023. – No. 1 (74). – P. 52-58.
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11. Sharova V. L. The fickle past: historical memory as a political instrument in electronic mass media of modern Russia // Electronic scientific and educational journal “History”. – 2020. – Vol. 11. No. 9 (95). – P. 22.
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PHILOSOPHY. LAW.SOCIETY
MIRELLI Moris Alexandrovich
postgraduate student of Philosophy and sociology sub-faculty of the M. V. Lomonosov Northern (Arctic) Federal University, Arkhangelsk
THE DOWNSIDE OF SOCIAL AND HUMANITARIAN COOPERATION AND IMAGES OF SOFT POWER
The paper examines the various effects of soft power manifested in social and humanitarian cooperation. One of the key aspects that is given priority attention is the concealment and negative phenomena accompanying soft power strategies in international cooperation. The complexity of issues related to soft power is related to the dilemma of gently advancing geopolitical interests in the context of the crisis of the unipolar world and Russia’s tasks to protect its national interests. The complex transformations of the contours of socio-humanitarian cooperation in the world, based on the power of new technologies of information influence, give rise to a set of socio-philosophical problems, without a constructive solution of which it is difficult to imagine the cognitive sovereignty of Russia. First of all, it is important to ensure that discussions continue on the role of soft power, its hidden effects and mechanisms for protecting Russia’s civilizational foundations from new challenges. The purpose of the work is to draw attention to the negative sides and strategies of soft power, because very often it is dissolved in various forms of cooperation, i.e. it pretends to be quite positive phenomena of human culture: cultural exchange, art, education, etc.
Keywords: cooperation, soft power, evolution of cooperation, game theory, prisoner’s dilemma, altruism.
Article bibliography
1. The Military Canon of China. Sun Tzu. Sun Bin. – M .: RIPOL classic, 2016 .– 494 p.
2. Emelyanova N. N. “Soft power” as a concept: a critical analysis // International Analytics. – 2018. – No. 3. – P. 7-24.
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5. Makulin AV, Mirelli MA Global vectors of “soft power” in science and education: socio-epistemological aspects // Bulletin of the Northern (Arctic) Federal University. Series: Humanities and social sciences. – 2023. – Vol. 23. No. 4. – P. 92-103.
6. Makulin AV Philosophy of visual literacy: the role of infographics and visual thinking in social planning // Society: philosophy, history, culture. – 2019. – No. 1 (57). – P. 27-34.
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BOOK REVIEW
YUMASHEV Yuriy Mikhaylovich
Ph.D. in Law, professor, leading researcher of the Institute of State and Law of the Russian Academy of Sciences
REVIEW OF THE MANUSCRIPT OF PH.D. N LAW INSUR ZABIROVICH FARKHUTDINOV: “THE EVOLUTION OF INTERNATIONAL LAW FROM WESTPHAL TO VERSAILLES (1648-1919). MYTHS AND REALITIES.”
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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